Can I have a lawyer paid by the State?
Conditional on your income: you qualify if you pass the means test. The basis is Law 34/2004 and the calculation is in multiples of the IAS (€537.13 in 2026). With relevant income below 3/4 of the IAS (€402.85/month), there's full exemption (court fees + free lawyer); between 3/4 and 2.5 IAS (€1,342.83), partial/phased aid; above 2.5 IAS, none. It covers waiver of court costs, the appointment and payment of a lawyer (patrono) and the enforcement agent. You apply at Social Security (form, in person, post or Social Security Direct), with a free simulator. In short: yes, if income is below the ceiling.
📋 The rules
- Calculated in multiples of the IAS (€537.13 in 2026)
- Below 3/4 IAS (€402.85): full exemption
- Between 3/4 and 2.5 IAS (€1,342.83): partial aid
- Above 2.5 IAS: no aid
- Apply at Social Security; there's a simulator
🔓 Exceptions
- Assets (savings/property) are also assessed
- Companies and associations only get phased modalities, never full exemption
- In extreme hardship, full exemption prevails (2026 case law)
⚠️ Penalties & fines
There's no "fine" — it's a right of access. The key figure is the 2026 IAS: €537.13 (up 2.8%). The full-exemption ceiling is 3/4 of the IAS = €402.85 monthly relevant income; the eligibility ceiling is 2.5 × IAS = €1,342.83. Declaring false income means repaying the costs and liability. Beware the Brazil confusion: in Portugal there's no Public Defender's Office — aid uses Bar lawyers (patronos) paid by the State, with a means test at Social Security tied to the IAS (not the minimum wage). To apply: use the simulator, fill in the form at Social Security and await the decision (tacit grant in about 30 days).
📎 Official sources
- Law 34/2004 — access to law →
- Social Security — legal protection →
- Ordinance 1085-A/2004 — calculation tables →
❓ Frequently asked
Who qualifies for legal aid?
Those in a situation of economic insufficiency qualify, assessed through the household's relevant income, expressed in multiples of the IAS. Below three-quarters of the IAS there's full exemption; between that and 2.5 times the IAS there's partial aid; above 2.5 times the IAS, as a rule, there's no aid.
What does legal aid cover?
Legal aid can cover the waiver of court fees and other costs of the case, the appointment and payment of a lawyer, the so-called patrono, and the enforcement agent's fees. It exists as full exemption and in partial or phased-payment modalities, depending on income.
How do I apply for legal aid?
You apply at Social Security, through a specific form, which you can submit in person, by post or via Social Security Direct. There's a free simulator to check whether you meet the conditions. If Social Security doesn't decide within the deadline, usually about 30 days, the request is deemed tacitly granted.
Is income the only criterion?
No. Besides the household's monthly income, assets such as savings and property are also assessed. A person with low monthly income but high assets may therefore not qualify. The assessment seeks to gauge the real economic capacity to bear the costs of the case.
Does Portugal have a Public Defender's Office?
No. Unlike Brazil, Portugal has no Public Defender's Office. Legal aid is provided by lawyers registered with the Bar, the patronos, appointed and paid by the State. Access depends on a means test by Social Security, calculated on the IAS, not the minimum wage.
🔎 Common searches
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