REFLECTION ABOUT THE EFFECT IN THE FINAL DECISION OF THE MAIN PROCESS OBTAINED BY CONVOLATION OF THE PRECAUTIONARY PROCESS Rui

Abstract

Administrative Law, in the context of precautionary proceedings, enshrines a singular mechanism in the Portuguese legal order that translates into the possibility of anticipating the decision on the main cause. This mechanism, in the article 121 of the Code of Procedure in Administrative Courts, allows to obtain a final decision. With this introduction, the legislator sought, on the one hand, to take care of urgent priority situations, on the other hand, to grant faster treatment to those situations whose treatment is urgent. The CPTA allows the precautionary judge, in accordance with the principle of effective judicial protection, to anticipate the effects of a judgment on the merits, through a final decision of an anticipatory nature. This mechanism seeks to provide a timely response to those situations in which there is urgency in the decision of the case, especially in cases where the precautionary protection is not able to offer a satisfactory answer. However, the convolution of the precautionary procedure in a final decision requires verification of a certain set of requirements. The use of this procedural convolence must be considered, reflected and equitable, with the ever present idea that it is an urgent process, with respect for the need for the existence of precautionary protection, and consequently, final decision obtained by convoluting the precautionary procedure, as an effect provided for in the Legislative Proposal for the Reform of the Administrative and Tax Jurisdiction, in order to verify whether the proposed amendment is in line with the principle of effective judicial protection and whether it is adequate to protect the interests of all stakeholders.