The Effects of the Judgment in the Popular Action Law

Abstract

This article focuses on the effects of judgments under the Law establishing the “Right of Procedural Participation and Popular Action” (Law no. 83/95, of 31 August), as set out in its Article 18.

The discussion frames the topic within the legal-constitutional context—given that this law arose from the legislative mandate established in the 1989 Constitutional Revision, specifically in paragraph 3 of Article 52 of the Portuguese Constitution—and within the framework of Law no. 83/95 itself.

In addition to describing the various forms of the regime governing the subjective effects of res judicata under the Popular Action Law, a critical appraisal is also offered. The overall assessment is clearly positive, as the solutions provided are considered logical and reasonable. This evaluation is based on the conviction that the purpose of Law no. 83/95 is to protect the interests it outlines from a collective or objective perspective—as (mere) diffuse interests. Understanding this requires distinguishing such cases from processes aimed at protecting substantively recognized legal positions—subjective rights or legally protected interests.