Summary conviction appeal is legally an agravo, not an apelação, per Portuguese Civil Procedure Code rules.

The Tribunal da Relação of Lisbon declared the appeal inadmissible because the plaintiff incorrectly classified the summary conviction judgment as subject to an apelação. The court held that under the Civil Procedure Code, appeals against summary conviction decrees must be filed as agravos. Consequently, the procedural defect required the case to be treated as an agravo instead of an apelação.