Article 138 of Code of Civil Procedure

Except in cases excluded by law, the parties may appeal judgments of the courts of first instance issued in their original jurisdiction. Nevertheless, judgments issued as final by courts of first instance may be appealed if the judgment conflicts with a previous judgment that has not acquired the force of res judicata. (1) Added pursuant to Law No. 36 of 2002 (2) The second paragraph amended pursuant to Decree-Law No. 133 of 2025 (3) The second paragraph was amended pursuant to Decree-Law No. 133 of 2025 Law Index 631 Home Page Code of Procedure Decree-Law No. 38 of 1980 Promulgating the Code of Civil and Commercial Procedure In this case, the previous judgment shall be deemed appealed by operation of law if it had not become final when the appeal was filed. Judgments issued as final by courts of first instance may also be appealed on the ground of nullity in the judgment or nullity in the proceedings that affected the judgment.