Whatever the administrative authority concerned – ANSR, ACT, ASAE, the Tax Authority or another – the defendant in administrative offence proceedings (processo de contraordenação) has a set of time limits and procedural guarantees with which to react to an unfavourable decision. This article brings together, across all areas, the time limits applicable to the different stages of administrative offence proceedings. This article forms part of the Administrative Offences area of Araújo & Associados.
Judicial challenge of the administrative decision – general time limit
Under the general regime approved by Decree-Law No. 433/82, the defendant has, as a rule, a period of twenty days, from becoming aware of the decision imposing a fine, to lodge a judicial challenge, in writing, with the administrative authority that issued the decision. Lodging a judicial challenge within the time limit has the effect of transferring the assessment of the case from the administrative sphere to the judicial sphere, with the case being sent to the competent court.
Specific time limits by area
Despite the general time limit of twenty days provided for in the general regime, several areas have their own time limits, which prevail over the general regime by virtue of the principle of specialty:
- Road traffic offences – the defence period is, as a rule, 15 working days from notification of the offence report, pursuant to the Highway Code, a matter covered in the article Traffic fines in Portugal – driver’s rights;
- Economic offences (ASAE) – the defence period is, as a rule, 20 days from notification, pursuant to the Legal Regime for Economic Offences, a matter covered in the article ASAE and Tax Authority fines – what businesses need to know;
- Tax offences (Tax Authority) – follow their own time limits provided for in the General Regime for Tax Offences, in particular as regards voluntary payment with a reduction of the fine, also covered in the article on ASAE and Tax Authority fines.
Before any decision on which route to follow, it is essential to confirm which specific regime applies to the administrative offence in question, since the applicable time limit can vary significantly depending on the area and the competent authority.
Limitation of administrative offence proceedings
Irrespective of any challenge to the decision, the administrative offence proceedings themselves are subject to limitation periods, after which liability is extinguished. Under Article 27 of the General Administrative Offences Regime, the limitation period for the proceedings varies according to the maximum amount of the fine applicable to the offence in question: five years, where the applicable fine has a maximum amount equal to or exceeding 49,879.79 euros; three years, where the maximum amount lies between 2,493.99 euros and that amount; and one year, in all other cases. Some areas have, however, their own limitation periods, different from this general regime – this is the case of road traffic offences, subject to a limitation period of two years under the Highway Code, and of labour and social security offences, subject to a single period of five years, regardless of the amount of the applicable fine.
Grounds for interruption and suspension of the limitation period
The limitation period for administrative offence proceedings may be interrupted by certain procedural acts, including notification of the defendant to exercise the right to be heard, and communication of the administrative authority’s decision imposing the fine, pursuant to Article 28 of the General Administrative Offences Regime. After each interruption, a new limitation period begins to run, subject, however, to an absolute limit: the limitation of the proceedings always takes effect when, since their start, excluding any time of suspension, the limitation period plus one half has elapsed. Limitation may also be suspended in certain circumstances, notably while the case is pending before the Public Prosecutor’s Office, or pending a decision on a judicial appeal, the latter ground of suspension not, as a rule, being able to exceed six months.
Appeal to the Court of Appeal
The decision issued by the court of first instance following the judicial challenge may, in certain conditions, be appealed to the Court of Appeal (Tribunal da Relação), pursuant to Articles 73 to 75 of the General Administrative Offences Regime, with the rules of criminal procedure applying subsidiarily. As a rule, the appeal court examines only points of law, and not matters of fact, save for the exceptions provided for by law. The admissibility of this appeal is subject to its own requirements, which must be assessed case by case according to the specific circumstances of each case.
Appeals and time limits – summary by area
Given the diversity of time limits applicable depending on the area concerned, the safest approach is to confirm, from the moment of notification, which specific regime applies to the particular case – traffic, labour, economic, tax or other – and to act within the shortest time limit that could reasonably apply, avoiding the risk of losing the right of defence through the passing of the time limit.
About Araújo & Associados
Established in 1980, with offices in Porto and Lisbon, Araújo & Associados provides legal advice on the judicial challenge of administrative offence decisions, in Portuguese, English, French, German and Spanish.
Frequently asked questions about appeals and time limits in administrative offences
What is the general time limit for challenging an administrative offence decision in court?
As a rule, twenty days from becoming aware of the decision, under the general regime approved by Decree-Law No. 433/82, without prejudice to specific time limits provided for in special regimes, such as that for road traffic offences.
Do all administrative offences have the same defence period?
No. Although the general regime provides for a period of twenty days, several areas have their own time limits – for example, 15 working days for road traffic offences – which prevail over the general time limit.
After how long does an administrative offence become time-barred?
Under the general regime it depends on the maximum amount of the applicable fine: one year, three years or five years, according to the bands set out in Article 27 of the General Administrative Offences Regime. Some areas have, however, their own periods – for example, two years for road traffic offences, and a uniform five years for labour offences.
Can the limitation period be interrupted?
Yes, notably by notification of the defendant to exercise the right to be heard, and by communication of the decision imposing the fine, with a new period beginning to run after each interruption, within an absolute maximum limit corresponding to the limitation period plus one half.
Can I always appeal to the Court of Appeal against a decision of a court of first instance in an administrative offence matter?
Not necessarily. The admissibility of this appeal is subject to its own requirements set out in the General Administrative Offences Regime, which must be assessed case by case according to the specific circumstances of the case.
If I am not sure which time limit applies to my case, what should I do?
You should seek legal advice as soon as possible after notification, since defence periods vary significantly depending on the area concerned, and their expiry may result in the loss of the right to react to the decision.
Contact us
For more information on administrative offence time limits, 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.