Ombudsman Urges Parliament to Shield Peace Court Judges From Outside Influence, but Small Claims Work as Before

Portugal's Provedora de Justiça (Ombudsman), Luísa Neto, has asked Parliament to rewrite two parts of the law behind the julgados de paz (peace courts), the low-cost local courts that settle civil disputes worth up to 15,000 euros. Her office announced the recommendation on 16 October. It is a recommendation, not a change in the law; it is now for the Assembleia da República (Parliament) to decide whether to act.

What the Ombudsman found

The case began with a complaint arguing that the rules on how peace court judges are appointed and reappointed, and on the body that oversees them, were unconstitutional. In Recommendation n.º 1/B/2026, dated 8 October and addressed to the President of Parliament, the Ombudsman concluded that the rules are not necessarily unconstitutional or contrary to EU law. But a quarter of a century after the current peace courts were set up, she wrote, the rules "deserve to be reconsidered" in light of the Constitution and EU law.

Her concerns are about judicial independence:

• Reappointment. Under Lei n.º 78/2001 (the Peace Courts Law), a peace court judge serves five years, after which the Conselho dos Julgados de Paz (Peace Courts Council) may renew the appointment, weighing factors that include "convenience of service" and the number of cases filed and closed. The Ombudsman calls "convenience of service" an open-ended concept and says the council's wide discretion carries "a structural risk" of influencing judges' work.
• The council itself. The council works under Parliament, which funds it. Most of its members are named by Parliament, its President, the justice ministry or other institutions; the judges elect just one. The council appoints, places, transfers, dismisses, evaluates and disciplines the judges. No single feature is the problem, the Ombudsman wrote; it is the combination that raises questions about safeguards against outside interference.

She asks Parliament to amend article 25(3) so that reappointment protects judges' independence, and to review the council's composition and its dependence on Parliament under article 65. She is not proposing that peace courts become ordinary courts. Under the Ombudsman's statute, she asked the President of Parliament for a reply within 60 days. Her office says the President of Parliament has already sent it to the parliamentary groups and the constitutional affairs committee.

What peace courts are, and what they cost

Peace courts hear civil claims of up to 15,000 euros, excluding family, inheritance and employment cases. According to the Direção-Geral da Política de Justiça (Directorate-General for Justice Policy), they cover disputes such as condominium charges and repairs, quarrels between neighbours over boundaries, windows or drainage, urban rental disputes other than evictions, and unpaid debts or faulty work under a contract. A judgment, or an agreement reached in mediation and approved by the judge, has the same force as a ruling from a first-instance court.

Under Portaria n.º 342/2019, nothing is paid up front. The losing party pays a single 70 euro fee after the decision; if the parties settle in mediation, each pays 25 euros. Parties must attend in person and may bring a lawyer. The law makes legal assistance compulsory for a party who does not know Portuguese, and for any appeal.

What it means if you have a small claim

For now, nothing changes: a dispute with a landlord, a neighbour or a contractor goes to a peace court exactly as before. Our guide to the peace courts explains how to file, and we reported in September when Figueira da Foz got a peace court of its own. To raise a problem with a public body, see our guide to complaining to the Ombudsman.