Do you have questions about what a precautionary measure is? Do you want to know what a precautionary measure is for and how much it costs?

In this article you can learn everything about precautionary measures! If you are looking for a lawyer in this area, Contact Catarina S. Gomes – Lawyers in Braga to find the best solutions for your problems!

What is a precautionary measure?

Precautionary measures are legal actions that someone can request if they feel threatened by someone else and believe that this person could cause harm to their rights.

These measures have a simplified procedure and are of an urgent nature, and may even dispense with the hearing of the party against whom it is directed if the judge so decides.

Precautionary measures may include, for example:

• seizure of the debtor's assets;
• provisional restitution of possession;
• Setting provisional alimony;
• Setting a monthly income for provisional compensation for damages;
• Work stoppage;
• Suspension of employee dismissal;
• notification for adoption or abstention;
• suspension of the effectiveness of an administrative act;
• among many others.

For one The court may refuse an interim measure. It is necessary that there be a strong disproportion between the advantage that the applicant will gain and the sacrifice to be imposed on the respondent, that is, "the existence of a well-founded fear that another party will cause the applicant serious or irreparable harm that is not manifestly less than the harm that results from that procedure for the respondent".

Is it possible to appeal the decision?

Appeals against a decision are only possible in proceedings with a value exceeding €5,000.00, provided that the contested decision is unfavorable to the appellant by an amount exceeding half of this sum, and if the appeal is based on a violation of rules that offend res judicata.

You can also always appeal the decisions in precautionary proceedings if their value exceeds the jurisdiction of the court to which you are appealing.

At Catarina S. Gomes – Lawyers in Braga, we have an experienced team in precautionary measures!

Precautionary Measure: Time Limits

The precautionary measure ends:

• If the applicant does not file the action on which the measure depends within 30 days from the date on which he was notified of the final judgment ordering it;
• If the process is stalled for more than 20 days due to negligence on the part of the applicant;
• If the action is deemed unsustainable by a final and unappealable decision;
• If the defendant is acquitted at first instance and the plaintiff does not file a new lawsuit in time to benefit from the effects of the previous lawsuit;
• If the right that the applicant seeks to protect has been extinguished;
• If the precautionary measure is replaced by a guarantee;
• If the judge orders its termination or lifting.

What is the purpose of a precautionary measure?

The purpose of a precautionary measure is to ensure the practical results of an action, suspending the effectiveness of a legal act if its processing jeopardizes someone's rights.

This measure serves to prevent serious harm or to expedite the realization of a right in order to guarantee the principle of legal certainty and the speed of the process.

How do I request an interim measure?

To request an interim measure, it is necessary to submit a specific application, which must be presented prior to the commencement of the main proceedings, either along with the initial petition of the main proceedings or while the main proceedings are pending. This application is submitted to the court that hears the main proceedings.

In this application, the applicant must:

• Please state your name and address;
• Indicate the court to which the request is addressed;
• Identify the required identity;
• Indicate the identity and address of the opposing parties who may be directly harmed by the precautionary measure;
• Indicate the measure you want to see adopted;
• Indicate the action on which the process will depend or already depends;
• Present summary evidence and specify the grounds for the request;
• Indicate the value of the case;
• Identify the main process when the request is submitted while it is pending;
• Where applicable, provide proof of the act or regulation whose suspension you seek, and of its notification or publication.

If none of the aforementioned elements are indicated, the applicant is notified to complete the missing information within five days. When submitting the application, the applicant may request that the process be expedited.

How much does a precautionary measure cost?

The price of a precautionary measure depends on the specific case and its complexity. There is no fixed price for precautionary measures.

For more information, Consult one of our lawyers..

Looking for a lawyer with experience in precautionary measures? Contact us! We are located in Braga!

Lawyers for precautionary measures

Lawyers play a very important role in precautionary measures. A lawyer specializing in precautionary measures intervenes in advising on, preparing, and filing for such measures. Therefore, the lawyer's role is crucial for the successful outcome of this process.

If you need a lawyer for precautionary measures, contact Catarina S. Gomes – Lawyers in Braga and count on a qualified team that works in various areas!

Difference between procedure and precautionary measure.

The concepts of precautionary procedure and precautionary measure are distinct terms, although a precautionary measure may be part of a precautionary procedure.

Precautionary proceedings can be defined as a linked set of procedural steps or acts that begins with a request and ends with a precautionary measure – a preventive measure – or a decision denying the requested precautionary measure, unless the outcome is strictly procedural.

The precautionary procedure aims to prevent imminent, irreversible, or difficult-to-reverse harm to a legally protected right or interest within the legal sphere of a specific individual or legal entity, through an ancillary procedural means.

Portuguese civil procedure law provides for two types of precautionary procedures:

• Common precautionary procedure – whenever someone shows fear of another person, or the same person causes them some serious and difficult-to-repair harm, they can request measures that concretely ensure the effectiveness of the threatened right;
• specific precautionary procedures – expressly provided for either in the Code of Civil Procedure or in separate legislation.