Traffic fines
Road traffic offences, regulated essentially by the Highway Code, give rise to administrative offence proceedings with particularities of their own, in particular as regards the time limits for payment at a discount and the consequences of failing to identify the driver. We examine in more depth the driver’s rights when faced with a traffic fine, and the remedies available, in the article Traffic fines in Portugal – driver’s rights.
Loss of points
The commission of certain road traffic offences has the additional consequence of loss of points on the driving licence, which may, in more serious cases or in cases of repeat offending, lead to revocation of the driving licence. We detail how the points system works and the remedies available in the article Loss of points on the driving licence – what you need to know.
Labour offences
Employers are subject to a wide range of legal obligations in labour matters, non-compliance with which may give rise to administrative offence proceedings brought by the Authority for Working Conditions (ACT), with fines that vary significantly depending on the seriousness of the offence and the size of the company. We cover the most common labour offences and their legal framework in the article Labour offences – ACT administrative offences.
ASAE and Tax Authority fines
Businesses in various sectors are subject to inspection by the Food and Economic Security Authority (ASAE) and the Tax and Customs Authority (AT), whose administrative offence proceedings follow particularities of their own in relation to the general regime. We examine the specifics of these proceedings in more depth in the article ASAE and Tax Authority fines – what businesses need to know.
Appeals and time limits
Whichever administrative authority is involved, the defendant generally has a period of twenty days to challenge in court the decision imposing a fine, whereby consideration of the case moves from the administrative sphere to the judicial sphere. We detail the applicable time limits and how the judicial challenge procedure works in the article Appeal against an administrative offence decision – time limits and challenge procedure.
About Araújo & Associados
Established in 1980, with offices in Porto and Lisbon, Araújo & Associados provides legal advice to clients from more than 31 countries, in Portuguese, English, French, German and Spanish, representing individuals and businesses in administrative offence proceedings throughout the country.
Frequently asked questions about administrative offences in Portugal
What is the difference between an administrative offence and a crime?
An administrative offence is a wrong of mere social regulation, punished by a fine and possible ancillary sanctions, distinct from a criminal offence, punished by a penalty. The procedural regime for administrative offences, although subsidiarily close to criminal procedure in certain respects, has principles and procedures of its own, governed by Decree-Law No. 433/82.
How long do I have to react to a decision imposing a fine on me?
As a rule, twenty days from the defendant’s notification of the decision, to lodge a judicial challenge with the administrative authority that imposed the fine, pursuant to Decree-Law No. 433/82.
What happens if I neither pay nor challenge the fine within the time limit?
Once the challenge period has elapsed without any reaction, the decision becomes final, and the fine must be paid within the period set for that purpose, failing which tax enforcement proceedings will be brought for compulsory collection.
Can a company be held liable for administrative offences committed by its employees?
Under certain conditions, yes, depending on the special regime applicable to the area in question – labour, economic or tax -, this being a matter to be assessed on a case-by-case basis according to the specific offence.
Is it always worth challenging a decision imposing a fine?
It depends on the specific circumstances of each case, including the strength of the evidence gathered by the administrative authority and the grounds of defence available. This assessment should be made case by case, ideally with legal support, before the challenge period expires.
Contact us
For more information on administrative offence proceedings, or to book a legal consultation, you can contact us through our Porto or Lisbon offices, by telephone, email or via the form on the website. We provide legal advice in Portuguese, English, French, German and Spanish.