Cease and desist in (Portugal) Portuguese

danielxu85

Senior Member
Mandarin Chinese
Dear all,

I live in Madeira, Portugal, and my neighbor kept throwing trash outside my property instead of inside the common trash can. I have enough evidence against him, but out of courtesy, I would like to send him a formal cease and desist letter, demanding that he stop this behavior immediately, or I'll report him to authorities.

I wanted to use cease and desist as the subject line of the letter to mean:
  • denoting a cautionary notice detailing the sender's complaint of alleged wrongdoing by the recipient and threatening legal action if the offending activity is not stopped.
    noun: cease-and-desist letter; plural noun: cease-and-desist letters
    "she sent a cease-and-desist letterlast July urging them to stop using the name"




    What would be an appropriate equivalent in Portugual Portuguese? Just to give you some more context:
  • Cesse e desista de jogar lixo (subject line of the letter)
  • Chegou ao meu conhecimento que a sua família tem tido o costume de intencionalmente e maliciosamente deixar lixo ao longo da estrada Caminho da Lagoa em Santa Cruz ao longo dos anos. Apesar dos esforços persistentes da minha equipa de limpeza e da minha parte, o comportamento vindo da sua parte continua a ser o mesmo.
 
  • Carfer

    Senior Member
    Portuguese - Portugal
    A cease-and-desist letter is similar to a 'notificação extrajudicial', but in the Portuguese legal system there are other and more effective means of doing that before suing your neighbor. You can (and should) report him to the proper authorities (local police or municipality) without having to observe that kind of formality. Going into further legal details is out of the scope of this forum. You should contact a lawyer and I strongly advise you to do so if the offending activity is not stopped. That's all I'm allowed to tell you.
    As to the wording of your letter as it is, there's nothing worth correcting, but the language is not the problem here. You should seek legal assistance and advice to write it and before taking further action.
     

    danielxu85

    Senior Member
    Mandarin Chinese
    Thanks for the message and for trying to be helpful. I know exactly what should be done if he does not stop this kind of activity. I am NOT here to ask for any legal advice on my best course of action in dealing with the neighbor. Rather, I am only interested in getting a proper subject line for my letter.

    The purpose of this letter is to give him a written warning before I escalate this to the point of no return (e.g. police, city hall and military ombudsman—he is a retired colonel!).

    For those who are interested, I am posting the entire letter to give you more context.

    Chegou ao meu conhecimento que a sua família tem tido o costume de intencionalmente e maliciosamente deixar lixo ao longo da estrada Caminho da Lagoa em Santa Cruz ao longo dos anos. Apesar dos esforços persistentes da minha equipa de limpeza e da minha parte, o comportamento vindo da sua parte continua a ser o mesmo.

    Creio que a sua conduta e o seu comportamento violam gravemente os códigos da cidade de Santa Cruz, bem como o código de honra dos militares portugueses, ao qual você está associado na qualidade de coronel reformado.

    Exijo que você e a sua família parem imediatamente com qualquer tipo de colocação imprópria e abandono de lixo ao longo da Estrada do Caminho da Lagoa em Santa Cruz. Guardei provas do seu comportamento incriminador com o meu advogado. Se não parar de deixar lixo imediatamente ao longo da estrada, irei considerar a possibilidade de recorrer a todos e quaisquer meios judiciais disponíveis para remediar esta situação, incluindo uma queixa formal ao Provedor de Justiça Militar, à Polícia de Santa Cruz e à Câmara Municipal de Santa Cruz.


    Just to clarify, in the original message, when I mentioned taking legal actions, I was referring to formal complaints to the police, city authorities and military.

    I believe in solving problems in a civil manner (making my dissatisfaction heard loud and clear by him), and don't think it's necessary to cross the Rubicon yet.
     

    Carfer

    Senior Member
    Portuguese - Portugal
    Your letter is well written, again there's nothing I consider worth correcting, your Portuguese is perfect. I was under the impression that you intended - or were at least threatening - to take legal action and that you were asking for the proper wording of such a letter. The fact that you were seeking a Portuguese equivalent to a word usually used in a legal context also contributed to my impression. Well, I was a lawyer until I retired, but I'm still bound by the rules and the ethics of that trade that don't allow me (or anyone else who is not currently a registered lawyer) to give advice on legal matters and certainly not when I'm not fully aware of the facts and of its eventual consequences, which even a simple letter or any written document may have. You know now why I was so cautious. Things being clearer now, I can tell you, as anyone can I guess, that for the purpose you described in your latest post you don't need to entitle the letter 'cease-and-desist' or its Portuguese equivalent 'notificação extrajudicial' or seek a specific wording for it. A simple private letter (preferably by registered post with acknowledgement of receipt) will do, but, as you are probably facing a rather unpalatable character and since you mention having a lawyer it wouldn't be unwise to have him write the letter or even send it on your behalf.
     

    danielxu85

    Senior Member
    Mandarin Chinese
    Thank you so much for all your support and for all the caution. Feel blessed to have you in my corner. I'll keep you posted on my undying saga.

    For what it's worth, I have started parking my car outside my property along the road where he likes to dump trash (with car cameras on 24/7) whenever I am home. Let's see if this fellow will come to his senses.
     
    Top