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Regime jurídico de entrada, permanência, saída e afastamento de estrangeiros do território nacional - Artigo 192.º

Lei n.º 23/2007

This hasn't happened to anyone I know, yet, but what are the penalties for a non EU person who overstays their 3 months in Portugal? - @Strontium

I assume that first an Portuguese official would have to prove that the person did overstay. Considering that there is free movement within the Schengen area, that could be quite tricky. If a person is unable to travel to their home country after 3 months (e.g. for health reasons) then there is usually an exception. I  hope that the Portuguese authorities will not waste their time with EU overstayers as long as they are not a burden on the Portuguese state.

Considering that there is free movement within the Schengen area, that could be quite tricky.

It is not difficult to carry out this control. Fines can be imposed when the person enter or leaves the country, Portugal or any other Schengen area country. Read point 2 of my link.

Fines vary from country to country.  In Portugal, they are actually lower than in other schengen countries.

Overstaying your 90-day visa-free limit in Portugal results in escalating penalties, including fines from €40 up to €700 (depending on duration, with €80-€160 for up to 30 days, €260-€320 for 30-90 days), potential immediate deportation, and an entry ban from the Schengen Area for months or even years, plus your passport flagged in systems like EES for future complications.

It's Recorded: Overstays are digitally logged, so even a one-day overstay is noted and punished.

Fines: Fines are applied by the Public Security Police (PSP) and vary by length of overstay.

1. Up to 30 days: €80 - €160.
2. Over 30 days to 90 days: €260 - €320.
3. Over 90 days: €320 - €700 (although €700 is reserved for severe cases; most fines are lower).

Deportation: You can be ordered to leave Portugal immediately, potentially with detention.

Entry Ban: A ban from re-entering Portugal and the entire Schengen Area (including countries like France, Germany, Spain, etc.) is common, lasting from several months to several years (up to 3 years) for more serious offences.

Future Travel Issues: Your passport will be flagged in the Schengen Information System (SIS) through the new Entry-Exit System (EES), making future visa applications more challenging and potentially leading to stricter border checks.

And YES, it is enforced, I know of the police actually turning up to people's homes in Austria.

An exception to potential problems is an active application for residency. No limit to stay with this condition but I'm assuming it must be filed before the 90 day violation.

An exception to potential problems is an active application for residency. No limit to stay with this condition but I'm assuming it must be filed before the 90 day violation. - @bobinportugal22

An active application for residency can indeed serve as an exception to the 90-day, short-stay rule, allowing you to stay beyond that limit while your application is processed. Your assumption about timing is generally correct, but it requires specific legal conditions to be met.

File Before the 90-Day Deadline: You must officially submit your residency application and receive proof of submission (such as a receipt) before your initial 90-day visa-free allowance or short-stay visa expires.

"Grace Period" Status: While a pending residency application usually allows you to stay in the country where you applied, that permission may not automatically apply to travel in other Schengen countries.

Failing to file before the 90-day limit, or if the application is not considered "properly filed" by local authorities, may cause your stay to be considered illegal, leading to potential fines or re-entry bans.

Considering that there is free movement within the Schengen area, that could be quite tricky. It is not difficult to carry out this control. Fines can be imposed when the person enter or leaves the country, Portugal or any other Schengen area country. Read point 2 of my link. Fines vary from country to country. In Portugal, they are actually lower than in other schengen countries. - @JohnnyPT

You are right. I misread the "non".