ISSN 2184-8793 ISSNe 2975-9056 The question of jurisdiction is even more important because the Portuguese judicial system is organized into two entirely separate jurisdictional systems, the common and the administrative and fiscal, with two separate Supreme Courts - the Supreme Court of Justice and the Supreme Administrative Court. The rules of Article 9.2 and 3 of the RJAL defy constitutionality for several reasons. Firstly, the prohibition of the exercise of the economic activity of local accommodation is a sanction, either civil (decided by the owners' association and communicated to the Mayor) or administrative (decided and applied by the Mayor, "without prejudice to the right to a prior hearing"); secondly, the sanctions seem manifestly disproportionate if they apply to the whole building and to all the owners, whether or not they are guilty of misuse of the building or of causing nuisance, which motivated the owners' association's decision; thirdly, the task of the Mayor is clearly that of settling a conflict between certain named owners of flats in the building and the community of owners, establishing valuation guidelines on vague and indeterminate concepts, making judgements or assessments on the evidence presented and grading and applying financial penalties. This is clearly a jurisdictional function reserved, by the Constitution, to the courts, so that the practice of an act of a jurisdictional nature by a service or organ of the Public Administration is null and void, due to usurpation of powers, in violation of articles 111.1 and 202.2 of the Constitution of the Republic. The legislator has created a "hybrid" instrument of public/private law, which raises many doubts as to its clarity, effectiveness, and pursuit of the effective protection of the Rights of all those involved. The use of Public Administration bodies and services, in this case the municipal administration, to settle disputes between individuals is not the most viable way to promote a relationship of trust and proximity between the Administration and citizens, which is the basis for cooperation between civil society and the State10 and the construction of a democracy based on the widening of the availability of information and the viability of interactive debates, in which the voices of the different sectors of the population are heard. 11-12 10 Fukuyama, 1996, p. 34. 11 Sen, 2010, p. 16 12 From the record of the legislative process of Law 62/2018 of 22 August, we conclude, from the various bills submitted by the different political parties, the debate inside the parliament, and was of an exclusively political nature, with no intervention or consultation of entities outside Parliament itself.
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