Access to justice: how to obtain legal support in Cabo Verde

Access to justice is a constitutional right in Cabo Verde. Article 22 of the Constitution guarantees everyone access to justice to obtain, within a reasonable time and through a fair process, the protection of their legally protected rights or interests. Based on official sources, this guide explains which courts to turn to, how to apply for legal aid when you cannot afford the costs, what role the Ordem dos Advogados (bar association) and the Provedor de Justiça (Ombudsman) play, and where to find a lawyer.

What the Constitution guarantees

Article 22 of the Constitution (2010 consolidated text, available on the National Parliament portal) establishes:

• access to justice and judicial protection “within a reasonable time and through a fair process” (No. 1);
• the right to defence, legal information and legal representation (patrocínio judiciário), and the right to be accompanied by a lawyer before any authority, under the law (No. 3);
• the principle that justice may not be denied for lack of economic means, nor for undue delay of the decision (No. 4).

The Constitution adds two complementary avenues of protection: complaints to the Provedor de Justiça (art. 21) and the amparo appeal to the Constitutional Court, after exhausting ordinary avenues of appeal, against acts or omissions of public powers that harm fundamental rights (art. 20).

Before which courts

Cabo Verde’s judicial organisation rests on two pillars verified in this site’s source records:

• the Constitutional Court, autonomous, administers justice in constitutional matters;
• the Supreme Court of Justice is the supreme court at the top of the hierarchy of first-degree courts: judicial, administrative, fiscal and customs, and military courts.

The organisation, composition, competence and functioning of the judicial courts and of the fiscal and customs courts are now governed by Law No. 61/X/2025 of 21 August, published in Official Gazette No. 78, Series I. For lower-value disputes, the small-claims courts (whose legal basis the 2017 Study on the Situation of Justice in Cabo Verde locates in Law No. 88/VII/2011 of 14 February, art. 69) hear, among others, civil claims for payment of monetary instalments up to 250 thousand escudos and administrative-offence proceedings with fines up to 200 thousand escudos.

Legal aid: how it works

The legal regime of legal aid (Law No. 35/III/88 of 18 June) aims to ensure that everyone can access the legally provided means and bodies to know, assert and defend their rights, guaranteeing that no one is hindered, limited or prevented from that access by reason of social or cultural condition or lack of economic means (art. 1, quoted in the 2017 Study). The regime has two strands:

• full or partial exemption from court deposits and costs (or their deferral and payment in instalments), regulated by Decree No. 99/88 of 5 November;
• official legal representation (patrocínio oficioso), i.e. the appointment of a lawyer for those who cannot pay one (regulated by Regulatory Decree No. 10/2004, with the table of fees and expenses set by Order No. 1/2005 of 10 January).

Who may apply: the premise is insufficient economic means, which the applicant must prove. The law establishes presumptions of economic insufficiency (art. 11 of Law No. 35/III/88), among others, for: those applying for or receiving alimony; those assisted by the State’s social support services; employees, in proceedings arising from the employment relationship; a minor child seeking to establish or contest paternity or maternity; holders of accident or work-related pensions or compensation; social security beneficiaries; and anyone whose own monthly income does not exceed one and a half times the minimum public service salary. Outside these presumptions, proof is usually given by a certificate issued by the Municipal Chamber (the “poverty certificate”), with court secretaries gathering data on the applicant’s economic situation and the judge able to make additional inquiries.

The 2017 Study documented the system’s financial fragility: in that year, Order No. 16/2017 set the annual legal-aid budget at 17,500 contos and the bar association temporarily suspended appointments for lack of funds, a situation resolved after payment guarantees from the Ministry of Justice.

The role of the Ordem dos Advogados

The Ordem dos Advogados de Cabo Verde (Cabo Verde Bar Association) was created in 2000 by Decree-Law No. 51/2000 of 4 December, and its Statutes were approved by Law No. 91/VI/2006 of 9 January. Under the Statutes, it is the bar’s duty to cooperate in legal aid and to guarantee the right of defence, under the Constitution; in 2015, Deliberation No. 4/2015 approved the Regulation on the Organisation and Functioning of Legal Aid within the bar. The bar publishes the list of lawyers with valid registration, the starting point for finding qualified representation.

The Provedor de Justiça

To complain about acts or omissions of public powers, anyone may turn to the Provedor de Justiça (Ombudsman) (art. 21 of the Constitution): an independent body elected by the National Assembly that assesses complaints without decision-making power and issues recommendations to the entities concerned; its activity is independent of the administrative and judicial avenues. The 2017 Study concluded that the Ombudsman “has been an important instrument in facilitating citizens’ access to justice, through simple, informal and free means”.

Ongoing reform

On 26 March 2026, Parliament approved in general a bill establishing the general legal regime of access to justice and regulating legal and procedural financial assistance, intended to replace the 1988 regime, according to the Government, with simpler applications, procedural transparency and better coordination with the bar. Anyone needing legal aid should check the text in force and, where possible, confirm the rules published after the new law enters into force.

When to speak with a lawyer

Seek legal advice before starting any court action, especially if you suspect you cannot afford the costs: a legal-aid application must be well supported. The directory lists human-rights lawyers and the area directory includes administrative-law lawyers, useful in disputes with public entities.

This page is general information, not legal advice.