What would happen if I needed legal aid and couldn’t afford it? It is precisely for these types of situations that the legal protection. In this article, we cover the definition of legal protection, explain what it consists of, who it is for and how to take advantage of this support.
What is legal protection?
The legal protection is a right that is intended for non-profit persons and entitiess, who are unable to pay the expenses associated with legal proceedings (in court) or extramarital proceedings (out of court). The first situation includes, for example, dismissals, divorces, attachments and eviction, and, in the second situation, divorces by mutual agreement, among other situations. legal advice and legal aid. The legal consultation is based on a consultation with a lawyer for technical clarification of the person’s rights, on which injuries and any other doubts inherent to the process may fall. However, this query It is intended for individuals only and not for non-profit entities. already the legal aid involves the appointment of a lawyer or defender (term used if there is an accused in criminal proceedings), as well as the waiver of payment of court costs, or the possibility of doing so in installments. An enforcement agent is also assigned, which must always be a bailiff. Read also: Legal Protection: know if you are entitled
Who is entitled to legal protection?
They are entitled to legal protection, Portuguese and European Union citizens. In addition, some foreign citizens are also entitled. In the latter case, citizens must be stateless with a valid residence permit in a member state of the European Union. Or, on the other hand, not having a valid residence permit in a member state of the European Union, provided that their country of origin grants the same right to the Portuguese. In addition to these, persons with habitual residence in a member state of the European Union, different from the one where the process will take place, are also entitled to legal protection, usually called “cross-border disputes“. Finally, they are also entitled to this protection non-profit legal persons. However, the latter are only entitled to legal aid, in the modalities of waiving the court fee and other charges, appointment and payment of the patron’s compensation, payment of the attorney’s compensation and attribution of an enforcement agent. Common to all beneficiaries is the demonstration of nwill not have the economic capacity to face the expenses inherent to the judicial process. Economic insufficiency is understood as the situation in which, taking into account the income, assets and permanent expenses of the household, there are no conditions to punctually bear the costs of a lawsuit.It is also important to point out that For-profit legal entities and limited liability individual establishments are not entitled to legal protection. Also read: Extended Leave Adoption Allowance: How to get it?
How to ask for this support?
To request legal protection, you need to deliver the following forms: As for the remaining documentation, this varies between single peopleulars and legal persons. However, it is necessary to have identification documents, proof of residence, salary statements, among others. Information regarding the necessary documents can be found on the justice portal. If there is any document missing will be notified by letter and will have 10 days to send the necessary documentation. And if you don’t do it within that period, your request may be refused. As for the time to get a response, it may take up to 30 days if there is no hearing of interested parties. However, in the latter case, the period of 30 days for the decision on the request for legal protection is suspended until the end of the period granted to the applicant to comment. refusal of your order, in whole or in part, will be notified by letter and will also have an opportunity to comment. Therefore, you must reply to the letter you received by sending possible missing documents or other arguments that corroborate your request, given that you have 10 days to submit them. After that, and in the absence of an answer, airrefusal of your request will become final.
Where can you apply for legal protection?
He can claim legal protection in a variety of ways. The documentation must be delivered to the Social Security facilities or addressed to them. Thus, you can do it in person, fax, email or post. If you decide to deliver it in person, you must first take a photocopy of the application to be delivered, so that it can be stamped, signed and dated, in order to have proof of delivery. Also read: Third-person assistance allowance: How does it work?
How does this support work?
This support works through legal consultation and legal aid.As far as legal advice is concerned, this is a consultation with a lawyer to discuss a specific case in which your interests or rights are involved. In addition to advice, the lawyer can also help you solve your problem. without having to go through the courts.O Legal support has several typess, such as: Waiver of court fee and other charges with the process Phased payment of court fee and other costs with the process Appointment and payment of patron compensation Nomination and phased payment of patron compensation Payment of unofficial defender compensation Phased payment of compensation of unofficial defenderAssignment of enforcement agentThis modality allows the waiver of certain payments or payment in a phased manner. In addition, it allows you to be assigned a lawyer paid by the Ministry of Justice or by you, but in installments. Likewise, it is also assigned a execution agent.However, if there is any change in your economic situation after the request for legal protection that allows you to waive it, must communicate it as soon as possible.Also read: Prolonged illness: Do I lose entitlement to benefits or holidays?
When does legal protection end?
The legal protection can end for several reasons. It can be withdrawn, by checking for lapses in attribution.no, or it may expire. For example, if evidence emerges that he has been invalidly granted legal protection, or that the person concerned has falsified documents, he will be withdrawn. On the other hand, if, after a phased payment request, there is a lack of payment, legal protection will also be withdrawn. Concerning expiry of this protection, this is verified for two reasons. First of all, by death of the natural person or upon dissolution of the legal person. Secondly, it can expire if after one year of your request fails to appear for any legal consultation or no action is taken in courtfor reasons of your responsibility. Read also: Home allowance: What does it consist of and who is entitled
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