Association - Historical summary

Historical summary

1174 - The first mention with reference to the profession appears in 1174 with the name "VOZEIRO", figure that was indistinct in the functions of Solicitor and Lawyer. It appears for the first time mentioned, in the Foral of Ozezar (Castle of the Templars), granted by Gualdim Pais, to end the violence that were practiced there.
Out of curiosity: already at this time the scourge of the illegal attorneyship was being felt. From the time of that word (vozeiro) and referring to the same profession, others emerged as: "arrazoadores", "voguados" and "procuradores".

1241 - The denomination of "procuradores" appears mentioned in a letter, dated 1241, which Abril Peres, in the name of D. Sancho II, sent to the inhabitants of Mós, in the land of Parada, establishing “jugadas” and certain “foragens”, for each couple, in the same letter.

1446 - In 1446, at the youngest age of D. Afonso V and under the regency of the infant D. Pedro, the first systematic collection of laws was published. The terms “voguar” and “procurar”, leads us to conclude that between "voguado" and "procurador" there was already a difference. By "procuradores" - prosecutors, were called all individuals who sought in court, although the law distinguished between graduates and scholars.

1468 - May 10th. The king D. Afonso V appoints Brás Afonso to the position of royal Solicitor of deeds and things of justice.

1521 - In 1521 the Manuelinas Ordinances appear. In these, the role of Solicitor is already approached, which, in addition to "knowing how to read and write, had to be very diligent so that due to their lack of care and negligence, the deeds of Justice and prisoners would not be prolonged".

1541 - On October 23, is burnt in an death sentence by fire the effigy of Mestre Gabriel Henriques, a Solicitor of causes, a Jew, fled from Portugal due to the persecutions of the Inquisition.

1603 - Published in 1603, in the reign of D. Filipe III, appear the Filipinas Ordinances which, in 1643, by the law of January 29, are confirmed by D. João IV. In these Ordinances, the profession of lawyer and Solicitor were already clearly distinguished.
Thus, fixing up to twenty the number of Solicitors at the Supreme Court, determined that in the city of Lisbon there could not be more than thirty and at the “Casa da Justiça do Porto” more than ten, as referred in the book 1 in title 55.

1841 - With the new judicial reform of May 21, 1841, several provisions were revised and altered which allowed the Prosecutor:
a) Press charges from the offended party (Article 877);
b) Sign terms of appeal (Article 681 §I);
c) Sign the interlocutory appeal (Article 673 §11);
d) Accuse or defend in a criminal proceeding whatever the crime is, with the exception of the terms in which the defendant must personally attend (Article 937 and §§);
e) Practice all judicial acts in which the Law does not expressly require the attendance of the parties (Article 847);
f) Have a seat inside the “teia” (Article 482);
g) Charge their wages executively (Article 614).
No Judge or Registrar could receive requests (not even those for a hearing) without being signed, either by the party, or by his lawyer, or by the Solicitor. Solicitors attended the hearings, in places that were intended for them, wearing a black dress, cape and “volta”.

1842 - Until March 3, 1842, the exercise of the functions of Solicitor was regulated by the so-called Ordinances, being on that date promulgated a Decree by the Minister António de Azevedo Melo e Carvalho, which defined the necessary qualities for any individual to exercise the job of Solicitor of Causes, namely: to be natural of the kingdom or naturalized; be over 25 years old; have aptitude and knowledge of judicial affairs; have good customs; have not been judged in bad faith.

1843 - Given that Article 90 of the Decree of 1842, obliged the on-the-job Solicitors, to qualify and to display their letters within a certain period, due to various representations addressed to the Minister José António Maria de Sousa Azevedo, the later view the need to publish the Decree of 7 March 1843, in which made that previous decree only applicable to the cities of Porto and Lisbon, granting to the Solicitadores of these cities the ability to aplly also in any land of the kingdom, keeping, however, outside those cities, those who were already authorized to “solicitar”.

1866 - In 1866, Barjona de Freitas, Minister at the time, having knowledge of the complaints that existed against the irregularity with which the functions of Solicitador were exercised by almost the whole country, both for lack of knowledge or for the lack of the necessary moral qualities of those who served them, except a few exceptions, endorsed by the Decree of 6 September.

1868 - On April 7, 1868, the first association of the class was created: “Associação de Socorros de Solicitadores encartados” of Lisbon. This association aimed the defense of the dignity and the maintenance of the just interests of Solicitors and established help for those in need.

1869 - By Decree of José Luciano Castro, it was established, on November 12, 1869, that to become a Solicitor it would be necessary to undergo a written and oral examination on forensic practice, the types of processes and their execution.

1873 - On May 12, 1873, the Mutual Aid Association of Solicitors of Porto was created.

1885 – The Solicitor Fernão Botto Machado directs a bimonthly magazine - “O Mundo Legal e Judiciário”, of great quality, which persisted for many years and in which he highlighted the main legal controversies, judgments and decisions of portuguese and foreign courts.

1897 - On December 23, 1897, being Minister Veiga Beirão, a new reform took place which led to a Decree with several innovations, some of which of great importance to the class. The maximum number of Solicitors by the various judicial districts is fixed: Lisbon, 60; Porto, 40; 1st class judicial districts, 8; 2nd class judicial districts, 6; 3rd class judicial districts, 4.

1898 - On January 26, 1898, an assembly of Solicitors was held in the city of Porto, under the direction of Fernão Botto Machado, in which it was understood that the Decree of December 23, 1897, had offensive considerations for the class.

1912 - On January 4, 1912, Fernão Botto Machado made a radical intervention in the Portuguese Parliament, praising the “English Solicitor” and calling for recognition of the equivalence and functions of the two professionals.

1920 - On June 28, 1920, an advertisement was published in the Diário de Notícias, challenging the Solicitors to become a guild. There was no consensus for this challenge.

1927 - The first judicial Statute is published, through the Decree No. 13809 of 22/06/1927. In its chapter III, under the Article No. 782 and followings, the profession, the form of admission, examination and appointmet, the staff and the Chambers of Solicitors of Lisbon, Porto and Coimbra - where these professionals must be obligatorily registered - are regulated.

1929 – The Decree No. 17438 of 11/10/1929 is approved, which approved the regulations of the Chamber of Solicitors in a broader legislation with the corporate organization of the regime Decrees issued on May 28, 1926. This Decree allows Solicitors to have one or more helpers, who practice “Solicitadoria”, except for the hearing and assistance services to any judicial acts.
In Article No. 53 of the cited Decree, it is instituted the emblem of the Chamber of Solicitors still in force, constituted by the full figuration of the armillary sphere with Portugal's coat of arms, having the scales of justice overlapped and a intertwined ribbon with the caption "Labor improbus omnia vincit", which, translated into Portuguese means "The incessant work wins everything".
This legend turned into a proverb is the result of fragments of the verses from Virgílio's first book "Geórgicas": "Tum varie venere artes, labor / omnia vincit Improbus & duris / orgens in rebus egestas ...".

1931 - On October 31, 1931, appears for the first time a magazine for the class, edited by the Chamber of Solicitors of the Judicial District of Porto with free distribution, having as President Nicolau da Costa Mascarenhas. This bulletin was published until December 1942, not being known the reasons for its disappearance, perhaps due to the existence of the Bulletin of the General Council, which appeared in 1940.

1933 – The Decree No. 22779 of 29/06/33 is approved, which gives new writing to many articles of the previous Statute. Minimum qualifications pass to the special high schools course (old 7th class of letters). The candidate was required to prove a two-year apprenticeship, with the Solicitor who had execised functions for more than five years. The regulations of the Chamber of Solicitors had also undergone some changes.

1941 - In December 1941, the publication of the Bulletin of the Chamber of Solicitors began, whose director was Ayres de Oliveira, by proposal presented in a joint session of the three councils of directors, held in Coimbra in June 1939. The function of this Bulletin was to replace that one of Porto with the charges being divided by the three Chambers.

1944 - The 3rd Statute approved by Decree No. 33547 of 02/23/1944 appears. This diploma merged the three Chambers (Porto, Coimbra and Lisbon), giving rise to the General Council with legal personality, subjecting it, however, to the Minister of Justice, for the purposes of the Decree No.  23050 of 23/09/1933 and complementary legislation establishing its headquarters in Lisbon.
It considered this new public utility organism and granted it the advantages and attributions enshrined in Article No. 13 of the Decree No. 23050, in the applied part.
The exchange between Solicitors and their transfer to other judicial districts was allowed, but the Provisional Solicitors could only exercise their functions in the judicial district for which they obtained authorization.
The Chamber would have three sections at the headquarters of each judicial districts and delegations, at the headquarters of the administrative district and in the other judicial districts, when the number of Solicitors exceeds three and the direction think it is appropriate. Regarding discipline, several details were also taken into account, always in a useful desire to elevate the profession and the prestige of its performers.

1960 - Through the Dec. Law No. 43274 of 10/28/1960 and the regulation approved by Ordinance No. 18022 of the same date, Solicitors are included in the “Caixa de Previdência dos Advogados”. In this Decree it was stated that the Chamber will designate who should be part of the management bodies of the “Caixa de Previdência dos Advogados”.

1962 - On April 14, appears the Decree No. 44278, which came to revise the previous Statute. Two years earlier, the social welfare of the Solicitors was guaranteed by the “Caixa de Previdência dos Advogados e dos Solicitors (CPAS)” (Dec. Law No. 43274 of 10/28/1960 and regulation approved by Ordinance No. 18022 of the same date). In this Decree it was stated that the Chamber will designate who should be part of the management bodies of the “Caixa de Previdência dos Advogados e dos Solicitadores (CPAS)”, under the regulation.

1966 - Subsequently, the Dec. Law No. 47139 of August 6, 1966, introduced some changes to the judicial Statute, namely paragraph 2 of Article No. 396, which was expanded in order to clarify that candidates for Solicitors may apply from both genders. In fact, according to the provisions of Article No. 365 (a), admission to the competition was only allowed to Portuguese citizens, male.
Therefore, the directions of the Chamber were embarrassed in the sense of knowing whether or not to satisfy several requests for registration of ladies as interns. Despite that, such inscriptions were being accepted by the directors, given the fact that there were already some licensed women colleagues in the Class.
In fact, with the advent of female emancipation at the beginning of the century, Carolina Ângelo is highlighted as the first woman, in 1911, to challenge the male world, being therefore played by the humorists in the press exercising the vote that was denied to her. Also Regina Quintanilha should be highlighted as the first lawyer to make her debut in 1913 at the Tribunal da Boa Hora. In the 1920s, the first Solicitors (women) appeared, as it is the case of the colleague Aurora Gouveia.

1974 - On December 21, the Decree Law No. 732/74 is approved, which changes the designation of the Governing Bodies, instituting direct and secret suffrage as a rule, with the main objective of bringing full democracy to the Chamber of Solicitors.

1976 - The Decree Law No. 192/76 of 16 March is approved, which suspends the appointment of Provisional Solicitors, among other important changes, such as the mandatory use of Professional costume and insignia, the registration of Solicitors companies, the attribution of the merit medal and the regulation of the expert's report.

1977 - The Northern Regional Council organizes the first training course for trainees of Solicitadoria, which was followed by the Southern Regional Council in 1979. These courses are highly complex and demanding and lasted until 1999.

1978 – The Decree Law No. 402/78, of 15 December, determined that the Pension Fund of the Portuguese Bar Association should be renamed, as it is now called “Caixa de Previdência dos Advogados e dos Solicitadores (CPAS)”.

1986 - Under the direction of Solicitor Rui Frota, a new series of the Chamber of Solicitors Bulletin’s is published, in A4 format.

1986 - 12 June. The headquarters of the Chamber of Solicitors leaves the premises at street Nova do Almada, in the Tribunal da Boa Hora and moves to a 6th floor located at Alameda Afonso Henriques, as a tenant of CPAS.

1989 - On April 5, 1989, the CNPL (Conselho Nacional das Profissões Liberais) was created, integrating the Engineers Association, the Association of Portuguese Architects, the Portuguese Association of Economists, the Chamber of Solicitors, the Bar Association, the Pharmacists' Association, the Medical Association and the Portuguese Society of Veterinary Sciences.

1990 - In the direction of the President of the General Council, the Solicitor Daniel Lopes Cardoso, an international association called european postulants is formed. In addition to Solicitors, it includes french “avoués” and spanish prosecutors.

1991 - In October, the 1st Congress of european postulants met.

1995 - Under the direction of Solicitor Amilcar Costa, the headquarters of the General Council and the Southern Regional Council move to two adjacent floors on street Dona Estefânia.

1996 - The President of the General Council, Solicitor Amílcar Costa, edits a new series of the magazine.

1998 - Congress of european postulants, in Cascais.

1999 - The Statute approved by the Decree Law No. 8/99 of 8 January is published, which is already in the process of profound changes, in order to face the new challenges that we propose to embrace, perhaps problematic but at the same time attractive.

2000 - In July, the number 1 of the Sollicitare magazine is published, with a graphic design completely different from the Bulletin previously executed, as a way to mark the very important changes occurred with the new Statute of 1999.
In October 2000, in Lisbon, the 1st Congress of Solicitors is held. It was presided by the President of the Republic, Jorge Sampaio, and was attended by the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, the Minister of Justice and the President of the Professional Associations.
The Deontological Letter of european postulants is approved at the congress of european postulants in Cadiz (November 2000) and ratified at the General Assembly of the Chamber of Solicitors on October 13, 2001.

2001 - The first Agenda, fully designed by the Chamber of Solicitors, is distributed.

2002 - The 2nd Congress of Solicitors is held in June, in Coimbra. The President of the Republic, Jorge Sampaio, attributed the title of Honorary Member of the Order of Merit to the Chamber of Solicitors. CNPL Constitution. Year of the formation of european postulants.

2003 - As part of the 18th International Congress of Hussiers de Justice, held from 6 to 8 May, in Tunisia, the Chamber of Solicitors is definitively integrated as an official member of UIHJ. The Advisory Council of Justice is created in which the Chamber of Solicitors is represented.
The current Statute approved by the Decree Law No. 88/2003 of 26 April is published, whose main changes are the creation of a new specialty - Enforcement Agent, with resulted on the creation of a new College: the Specialty Council Enforcement Agent. With this Statute, the Superior Council and the Deontological Regional Sections are also created. On September 15, the reform of executive action begins, which has as its epicenter the birth of a new legal profession in Portugal: Enforcement Agent.
In December, the 1st Congress of Justice is held, which brought together Judges, Magistrates, Lawyers, Solicitors and Judicial Officials.

2004 – The Law No. 49/2004 is published, on August 24, which defines the own acts of lawyers and Solicitors and typifies the crime of illicit attorneyship. Through this legal instrument, it is established that only lawyers and Solicitors can exercise their mandate professionally and professional representation. In October (7 and 8), the VII Congress of european postulants takes place in Palma de Mallorca.

2005 - The UIHJ Permanent Council of Europe meets in Lisbon from 25 to 27 May. This meeting took place for the first time in Portugal, being its organization in charge of the Chamber of Solicitors. In November, on the 11 and 12, the 3rd Congress of Solicitors will be held in Vilamoura.
In February 2005, the first President of the College of Specialists for Enforcement Agents was appointed.

2006 - In June, Portugal assumes the presidency of the european postulants, during the VIII Congress of european postulants held in Bordeaux, on the 23 and 24. Still in the same month, with the entry into force of the Decree-Law 76-A / 2006, of 29 March, Solicitors extend their competences, in particular, the practice of simple, face-to-face and similar recognitions or to authenticate private documents.

2007 - In February, about 400 people participated, over the course of two days (23 and 24 February) in the Solicitors' Study Days, held at the Catholic University of Lisbon. In September of the same year, the official commemorations of the 80th anniversary of the Chamber of Solicitors are held. At the end of the year, on December 19, elections are held for the 2008-2010 Triennium.

2008 - In February, as part of the new measures to simplify the land registry and related acts for the real estate market, Solicitors acquire more skills, which come into force, in their entirety, at the beginning of 2009.
In July, the national advertising campaign kicks off under the theme “The Solicitor solves” in order to clarify the public opinion about the image of the “Solicitadoria” and Solicitador within citizens. For two days, on October 17 and 18, more than 350 solicitadores participated in the IV Congress of Solicitors, which took place in parallel with the IX Congress of european postulants, in Guimarães.

2009 - On March 31, with the entry into force of the new executive action regulations (Decree - Law No. 226/2008, of November 20), “Solicitors de execução” are now called Enforcement Agents. The same diploma also changes, with regard to executive action, the Statute of the Chamber of Solicitors.
In June, on the 4 and 5, the 6th edition of Euromed takes place in Lisbon, a meeting organized by the Chamber of Solicitors, as a member of the International Union of Judicial Officers (UIHJ), an organization that brings together 65 countries and develops information activities on the role of the “Huissier” (Enforcement Agent) and support for the transposition of this legal figure worldwide. Most of its members are European, the rest belong to Africa, to the American continent and Asia.
Euromed is an association integrated in the UIHJ, whose mission is to strengthen the links between similar professions in Europe and the Mediterranean, promoting the approximation between the Enforcement Agents of the respective states, strengthening economic partnerships and making the management of their activities more efficient.

2010 - On February 27, the first internship of Enforcement Agents is opened, with Solicitors and lawyers as candidates. In April (9 and 10), the 1st study days for Enforcement Agents took place in Espinho. On May 22nd, at the Extraordinary General Meeting, several internal regulations are approved, of which the Advertising and Image Regulation of Solicitors and Enforcement Agents stands out, through which conditions are created for the promotion of the “Balcão Único" of Solicitor brand, which is the target of a media campaign in the second half of the year.

2011 - On the 7 and 8 of October 2011, the V National Congress of Solicitors was held, whose opening ceremony was chaired by the Minister of Justice, Paula Teixeira da Cruz.

2012 - The practice of organizing study days for Solicitors and Enforcement Agents is instituted, in the years when congresses are not held. During these days, important projects were launched for the class, such as Geopredial, SOLIGEST, PEPEX, the electronic auction or the client account control system.

2013 - Launch of the first volume of the book "Estudos – Solicitadoria e Ação Executiva", under the direction of Professor Paulo Teixeira, Vice President of the General Council of OSAE.

2013 - New national headquarters: A lease contract with an option to purchase a seven-storey building located at street Artilharia 1 is signed with CPAS with the purpose of hosting the services of the General Council, the training, the Southern Regional Council and the CPEE.
The Law No. 77/2013, of November 21, creates the CAAJ – “Comissão para o Acompanhamento dos Oficiais de Justiça”. This is an independent administrative entity that replaces the CPEE, assuming the functions of supervision and discipline of Enforcement Agentes and training, organization, supervision and discipline of judicial administrators.

2014 - On the 18 and 19 of October 2014, the VI Congress of Solicitors took place, preceded by an International Colloquium that took place on the 17 of October. The opening ceremony was chaired by the Minister of Justice, Paula Teixeira da Cruz, and the closing ceremony by the President of the Supreme Court of Justice, António Silva Henriques Gaspar.

2015 - On September 14, 2015, the new Statute was approved, transforming the Chamber of Solicitors into the Association of Solicitors and Enforcement Agents. It creates the following bodies: President, Professional College of Solicitors, Regional Council of Coimbra and Assemblies of Representatives of OSAE and for each College.
Organization of District Forums, in which Solicitors meet with lawyers and authorities from administrative districts, organize training and fellowship events.

2016 - On January 23, 2016 - the official date of the effective entry into force of the Statute of the Solicitors and Enforcement Agents National Association – it occured the inauguration ceremony of the new bodies, the Professional Council of the College of Solicitors and the Regional Council of Coimbra and the members joined for the General Council, the Superior Council and the Professional Council of the College of Enforcement Agents. This ceremony was attended by the Secretary of State for Justice, Anabela Pedroso.
On March 4, 2016, the headquarters of the Regional Council of Coimbra of the Solicitors and Enforcement Agents National Association was inaugurated. This ceremony was attended by the President of the Court of Appeal of Coimbra, Judge António Isaías Pádua.
In December 2016, the Association signed a promissory purchase and sale contract, with real effectiveness, with CPAS, aimed at acquiring its headquarters, at street Artilharia Um, n.º 63, in Lisbon.

2017 - 22 to 24 June - Commemoration of the 90th anniversary of the Association and the VII Congress in the city of Viana do Castelo, attended by the Minister of Justice, Francisca Van Dunem, and the President of the Supreme Court of Justice, António Henriques Gaspar.