A taxa de justiça no processo contraordenacional, designadamente no âmbito da impugnação jurisdicional quanto à matéria da proteção de dados, sua devolução ao arguido em caso de não condenação

Abstract

My dissertation aims to discuss the fact that the court fee in the administrative offense process, paid particularly within the scope of the judicial challenge regarding the matter of data protection, cannot be returned to the defendant in case of non-conviction. I will start by making a brief introduction to the concept of costs and the court fee, and proceed to refer to the topic of the court fee in administrative offense processes, in the administrative and jurisdictional phases. Next, the focus is set on the chosen topic - the sanctioning legal regime for data protection - subsidiarity and prevalence of this regime, within the scope of European legislation in relation to national regulations. I continue with the regulation of procedural costs in relation to administrative offenses. I will seek to highlight the autonomy of the costs regime for administrative offense proceedings in relation to criminal proceedings and the expression “whenever the contrary does not result from the Law”. I will discuss the opportunity to pay the court fee and the consequence regarding non-return to the defendant of the court fee if it is paid in the administrative offense appeal. Based on the ruling on the standardization of jurisprudence of the Supreme Court of Justice, n.º 2/2014, April 14, 2014, on the issue under study, I will seek, being certain that I am not the only one, to carry out a critical analysis of the decision and its foundations, taking a position. I will end by drawing my conclusions.

Date of Award	8 Mar 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)