With regard to the appeal system:
Within a period of 30 days (in this case, the judge gave 40 days), the appellant presents his appeal of the ruling, along with his reasons for the appeal, he can present arguments based on law and/or fact. The appeal is presented a quo, to the court (the judge who pronounced the first ruling).
The judge who pronounced the verdict analyses the application and reads the motivations. If, after reading them, the judge decides to maintain the original decision, the judge then analyses the requirements for presenting an appeal:
- If the decision is susceptible to appeal (this one is);
- If it is presented on time;
- If the person who appeals has the legitimacy to do so;
- If he has paid the "taxa de justiça" (the legal costs).
If these requirements have been fulfilled, the judge pronounces the official communication (despacho) of the admission of the appeal, informing that all of the requirements have been fulfilled, and the acts are sent to the Tribunal da Relaçao.
If the judge does not consider the appellant's arguments valid, she simply maintains her sentence, but she is required to send the appeal to the higher court if the appellant fulfills the objective requirements above. The judge has the possibility of changing her verdict.