PORTUGAL Trends and Developments Contributed by: Ana Reis Mota, Rogério Alves & Associados Sociedade de Advogados SP, RL
qualify as high risk (such as credit scoring, employ - ment, essential services and certain justice-related tools). The national debate around accountability, transparency and fundamental rights – especially when AI tools are embedded in judicial or quasi-judi - cial decision-making – therefore now unfolds within a clear EU-level regulatory framework. The regulatory silence at the national level has raised pressing questions regarding accountability, transpar - ency, and the protection of fundamental rights, par - ticularly when AI tools are integrated into processes involving the administration of justice. A recent and controversial development underscored this regu - latory vacuum: in late 2024, a Portuguese Court of Appeal judgment ( Tribunal da Relação ) was report - edly drafted with the aid of generative AI. The mat - ter garnered public attention and prompted concerns over the degree of human involvement, the absence of disclosure, and the potential violation of procedur - al guarantees. As a result, the High Council for the Judiciary ( Conselho Superior da Magistratura , CSM) opened a formal inquiry into the judge’s conduct, sig - nalling a growing need for clear rules governing the judicial use of AI. Institutional responses have since accelerated. In the justice sector, the government’s Digital Strategy Action Plan 2026–2027 foresees the approval of a dedicated Strategy for Digital and AI in Justice, as well as the adoption of a code of conduct on the use of AI by justice sector entities, to be completed by the end of 2026. More broadly, the newly adopted National Artificial Intelligence Agenda ( Agenda Nacional de Inteligência Artificial – ANIA), approved in early 2026, sets a com - prehensive policy framework for 2026–2030, covering infrastructure, adoption, talent and responsible use. Among other measures, ANIA provides for: • the designation and co-ordination of national competent authorities for AI and a model for imple - menting the AI Act at national level; • the introduction of regulatory sandboxes, including in sectors such as justice and public administra - tion; and
• the development of a practical implementation guide, standards and risk-assessment tools to help organisations comply with the AI Act, with initial implementation planned for 2026. While full judicial decision-making through AI remains legally and ethically contentious, legal automation has been gaining ground in Portugal in more practical, operational areas. Several digital tools have already transformed how justice is administered, particularly in routine or administrative tasks. Due to the delay in implementing a detailed national regulatory framework for the use of artificial intelligence, the public justice system has been outpaced by the private legal sector, which has progressively adopted AI-driven tools to enhance both efficiency and accuracy in legal prac - tice. Measures such as the adoption of more intelli - gent document repositories, automated transcription of courtroom testimony, and advanced case manage - ment systems would still significantly benefit the pub - lic justice system. The combination of the AI Act, ANIA and the forth - coming Digital Strategy for Justice is likely to drive a more structured, transparent and rights-sensitive integration of AI into Portuguese legal practice and court administration over the coming years. Conclusion Portugal’s legal and regulatory landscape concerning international fraud and asset tracing has evolved con - siderably, underpinned by recent legislative develop - ments, the adoption of advanced technologies, and a stronger alignment with both EU and global enforce - ment standards. Historically, Portuguese legislation has closely fol - lowed European directives and regulations, incor - porating the principles established by the European Parliament and Council – particularly in areas such as the prevention of money laundering and terrorist financing, the protection of whistle-blowers, sustain - ability reporting and, more recently, the regulation of artificial intelligence. The current government has expressed a clear com - mitment to enhancing mechanisms for the recovery of assets derived from economic and financial crimes.
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