How can the Portuguese legal system structure agile contracts that are legally valid, balanced, and effective, without compromising the fluidity of work processes?
The starting point is Article 405 of the Portuguese Civil Code, which enshrines the principle of contractual freedom:
“The parties are free to determine, by mutual agreement, the content of contracts, within the limits of the law.”
This principle allows the parties to self-compose their various interests, that is, to create contracts that fit the specifics of their projects, as long as legal limits are respected.
Thus, there is nothing to prevent a contract from providing for adaptive working methodologies, interactive deliveries, and continuous scope reformulation—provided that such mechanisms are expressly provided for and clearly drafted.
An agile contract is not a type of contract expressly provided for by law, but rather a contractual approach that reflects the principles of agile methodologies, whose main characteristics are evolutionary scope, delivery in short cycles, periodic planning and review meetings, active customer participation, and the ability to adapt throughout execution.
To ensure greater security, the contract must expressly provide for the possibility of changing functionalities, priorities, or deadlines by mutual agreement recorded in writing — including electronic communications such as email or project management systems. It must recognize digital documentation as part of the contract, and each iteration must provide for specific acceptance criteria, avoiding situations of uncertainty or litigation. clauses on liability, intellectual property, and confidentiality must be included.
Portuguese case law has recognized the validity of adaptive agreements, provided that they comply with the requirements of form, content, and proof. The legal value of digital documents and the use of electronic means as a form of contractual expression is also widely established.
Agile contracts with a solid legal structure reduce conflicts due to misinterpretation of scope, improve customer relations (through greater transparency and collaboration), increase team productivity, and enhance professionalism and credibility.
Agile contracts are powerful tools for alignment, protection, and operational fluidity. The key is to abandon the “dragged along” model and adopt a contractual structure that recognizes the pace of innovation — without sacrificing legal certainty.