Adopted on: ۲ April ۱۹۷۶
Preamble
On ۲۵ April ۱۹۷۴٫ the Armed Forces Movement٫ setting the seal on the Portuguese
people”s long resistance and interpreting its deep-seated feelings٫
overthrew the fascist regime.
The liberation of Portugal from dictatorship٫ oppression and colonialism
represented a revolutionary change and an historic new beginning in Portuguese
society.
The Revolution restored fundamental rights and freedoms to the people of
Portugal. In the exercise of those rights and freedoms٫ the people”s
legitimate representatives have met to draw up a Constitution that meets the
country”s aspirations.
The Constituent Assembly affirms the Portuguese people”s decision to defend
their national independence٫ safeguard the fundamental rights of citizens٫
establish the basic principles of democracy٫ secure the primacy of the rule of
law in a democratic state٫ and open the way to socialist society٫ respecting
the will of the Portuguese people and keeping in view the building of a freer٫
more just٫ and more fraternal country. The Constituent Assembly٫ meeting in
plenary session on ۲ April ۱۹۷۶٫ approves and decrees the following
Constitution of the Portuguese Republic.
[Part ۰] Fundamental Principles
Article ۱ Portuguese Republic
Portugal is a sovereign Republic٫ based on the dignity of the human person and
the will of the people٫ and committed to building a free and fair society that
unites in solidarity.
Article ۲ Democratic State٫ Rule of Law
The Portuguese Republic is a democratic State based on the rule of law٫ the
sovereignty of the people٫ plurality of both democratic expression and
democratic political organization as well as respect for and the safeguarding
of fundamental rights and freedoms; its aim is to achieve economic٫ social٫
and cultural democracy and to push participatory democracy further.
Article ۳ Sovereignty and Legality
(۱) Sovereignty٫ one and indivisible٫ rests with the people٫ who exercise it in
accordance with the forms laid down in the Constitution.
(۲) That State is subject to the Constitution and based on democratic legality.
(۳) The validity of the laws and other acts of the State٫ the autonomous
regions or local authorities are depend on their being in accordance with the
Constitution.
Article ۴ Portuguese citizenship
All persons are Portuguese citizens who are considered as such by law or under
an international convention.
Article ۵ Territory
(۱) Portugal comprises the territory defined by history on the European
continent and the archipelagos of the Azores and Madeira.
(۲) The extent and limits of territorial waters٫ the exclusive economic zone٫
and the rights of Portugal to adjacent sea beds are laid down by law.
(۳) The State may not٫ except for frontier rectifications٫ alienate any part of
the Portuguese territory or of the sovereign rights it exercises over it.
Article ۶ Unitary State
(۱) The State is a unitary one organized to respect the principles of the
autonomy of local authorities and democratic decentralization of the
administration.
(۲) The archipelagos of the Azores and Madeira constitute autonomous regions
with their own political and administrative statutes and self-governing organs.
Article ۷ International Relations
(۱) In its international relations٫ Portugal is governed by the principles of
national independence٫ respect for human rights٫ the right of peoples to
self-determination and independence٫ equality among States٫ the peaceful
settlement of international disputes٫ non-interference in the internal affairs
of other States٫ and co-operation with all other peoples for the emancipation
and progress of mankind.
(۲) Portugal advocates the abolition of all forms of imperialism٫ colonialism٫
and aggression٫ simultaneous and controlled general disarmament٫ the
dissolution of politico-military blocs٫ and the setting up of a collective
security system٫ with a view to the creation of an international order capable
of safeguarding peace and justice in the relations among peoples.
(۳) Portugal recognizes the right of peoples to revolt against all forms of
oppression٫ in particular colonialism and imperialism.
(۴) Portugal maintains special bonds of friendship and co-operation with the
Portuguese speaking countries.
(۵) Portugal commits herself to the reinforcement of the European identity and
to the strengthening up of the European States” action towards peace٫
economic progress٫ and justice in the relations among peoples.
Article ۸ International Law
(۱) The rules and principles of general or ordinary international law are an
integral part of Portuguese law.
(۲) Rules provided for in international conventions duly ratified or approved٫
following their official publication٫ apply in municipal law as long as they
remain internationally binding with respect to the Portuguese State.
(۳) Rules laid down by the competent organs of international organization to
which Portugal belongs٫ apply directly in municipal law insofar as the
constitutive treaties as applicable provide to that effect.
Article ۹ Basic Tasks of the State
The basic tasks of the State are:
a) To safeguard national independence and createee the political٫ economic٫
social٫ and cultural conditions conducive to it;
b) To safeguard fundamental rights and freedoms and respect for the principles
of the democratic State based on law;
c) To defend political democracy٫ secure and promote the democratic
participation of the citizens in solving the national problems;
d) To promote the people”s welfare and quality of life٫ real equality among
the Portuguese as well as the realization of economic٫ social٫ and cultural
rights by way of transforming and modernizing the economic and social
structures;
e) To protect and enhance the cultural heritage of the Portuguese people٫
defend nature and the environment٫ conserve natural resources٫ and ensure a
proper regional planning;
f) To secure training on and constant valorization of the Portuguese language٫
to defend its use and promote its
international circulation.
Article ۱۰ Universal Suffrage and Political Parties
(۱) The people exercise political power through universal٫ equal٫ direct٫
secret٫ and periodic suffrage and other forms laid down in the Constitution.
(۲) The political parties contribute to the organization and expression of the
will of the people and respect the principles of national independence and
political democracy.
Article ۱۱ National symbols
(۱) The National Flag is the symbol of the sovereignty of the Republic٫ the
independence٫ the unity and the undivided nature of Portugal; it shall be
the flag that was adopted by the Republic established by the Revolution of ۵
October ۱۹۱۰.
(۲) The National Anthem shall be A Portuguesa.
Part I Fundamental rights and duties
Section I General principles
Article ۱۲ Principle of Universality
(۱) All citizens enjoy the rights and are subject to the duties laid down in
the Constitution.
(۲) Bodies corporate enjoy such rights and are subject to such duties as are
compatible with their nature.
Article ۱۳ Principle of Equality
(۱) All citizens have the same social dignity and are equal before the law.
(۲) No one is privileged٫ favored٫ injured٫ deprived of any right٫ or exempt
from any duty because of his ancestry٫ sex٫ race٫ language٫ territory of
origin٫ religion٫ political or ideological convictions٫ education٫ economic
situation٫ or social condition.
Article ۱۴ Portuguese Citizens Abroad
Portuguese citizens living or residing abroad enjoy the protection of the State
in the exercise of their rights and are subject to such duties as are not
incompatible with their absence from the country.
Article ۱۵ Aliens and Stateless Persons
(۱) Aliens and stateless persons staying or residing in Portugal enjoy the same
rights and are subject to the same duties as Portuguese citizens.
(۲) The foregoing paragraph does not apply to political rights٫ to the
performance of public duties that are not predominantly technical٫ or to rights
and duties restricted to Portuguese citizens under the Constitution and by law.
(۳) Citizens of Portuguese speaking countries may٫ by international convention
and subject to reciprocity٫ be granted rights not otherwise conferred to
aliens٫ except the right of access to membership of the organs of supreme
authority and the organs of self-government of the autonomous regions٫ service
in the armed forces٫ and access to the diplomatic service.
(۴) Subject to reciprocity٫ the law may confer upon aliens residing on the
national territory the right to vote and to stand for election with respect to
the election of members of organs of local authority.
Article ۱۶ Fundamental Rights: Scope and Sense
(۱) The fundamental rights embodied in the Constitution do not exclude any
other fundamental rights٫ either in the statute or resulting from applicable
rules of international law.
(۲) The provisions of the Constitution and laws relating to fundamental rights
are to be read and interpreted in harmony with the Universal Declaration of
Human Rights.
Article ۱۷ System of Rights٫ Freedoms٫ and Safeguards
The general system of rights٫ freedoms٫ and safeguards covers those set forth
in Section II and fundamental rights of a similar type.
Article ۱۸ Legal force
(۱) The constitutional provisions relating to rights٫ freedoms٫ and safeguards
are directly applicable and binding on public and private bodies.
(۲) Rights٫ freedoms٫ and safeguards may be restricted by law in only those
cases expressly provided for in the Constitution. Restrictions are limited to
what is necessary to safeguard other rights or interests protected by the
Constitution.
(۳) Laws restricting rights٫ freedoms٫ and safeguards have to be general and
abstract in charrracter٫ may not have retroactive effects and may not limit in
extent and scope the essential content of constitutional provisions.
Article ۱۹ Suspension of the Exercise of Rights
(۱) The organs of supreme authority may not٫ jointly or separately٫ suspend the
exercise of rights٫ freedoms٫ and safeguards except in case of a state of siege
or emergency declared in the form laid down in the Constitution.
(۲) A state of siege or emergency may be declared in all or part of the
national territory٫ only in cases of actual or imminent aggression by foreign
forces٫ serious threat to or disturbance of the democratic constitutional
order٫ or public calamity.
(۳) A state of emergency is declared where the circumstances mentioned in the
preceding paragraph are less serious; it may at most entail the suspension
of some of those rights٫ freedoms٫ and safeguards that allow ground for
suspension.
(۴) When choosing between a state of siege or a state of emergency٫ when
deciding for one or the other٫ and when enforcing that decision٫ the principle
of proportionality has to be respected; in particular٫ the scope of the
decision٫ the duration and the ways and means provided for٫ must be limited to
what is strictly necessary to promptly resuming the constitutional standards.
(۵) The declaration of a state of siege or emergency is to be adequately
substantiated and must specify the rights٫ freedoms٫ and safeguards whose
exercise is to be suspended; it is in force for no more than fifteen days
or٫ where that declaration results from the declaration of war٫ for no longer
than the period laid down in the law٫ although it may eventually be renewed
within the limits above.
(۶) The declaration of a state of siege or emergency in no case affects the
rights to life٫ personal dignity and identity٫ civil capacity and citizenship
of the person٫ the non-retroactive nature of criminal law٫ the right to defense
of accused persons٫ and the freedom of conscience and religion.
(۷) The declaration of a state of siege or emergency may affect the
constitutional standards only within the limits set out in the Constitution and
in the law; in particular٫ it may not affect the enforcement of the
constitutional provisions concerning the powers and operation of the organs of
supreme authority and the organs of self-government of the autonomous regions٫
as well as the rights and immunities of its members.
(۸) The declaration of a state of siege or emergency empowers the authorities
to take the necessary and adequate measures conducive to promptly resuming the
constitutional standards.
Article ۲۰ Access to Law and the Courts
(۱) Everyone has access to law and the courts for the defense of his or her
legitimate rights; justice may not be withheld from a person for lack of
financial means.
(۲) Everyone has the right٫ in accordance with the law٫ to legal information
and counsel as well as to legal aid.
Article ۲۱ Right to resist
Everyone has the right to resist any order that infringes his rights٫ freedoms٫
or safeguards and to repel by force any form of aggression when recourse to
public authority is impossible.
Article ۲۲ Liability of Public Bodies
The State and other public bodies are jointly and severally liable under civil
law for the members of their organs٫ their officials٫ and their staff members٫
for actions or omissions in the exercise of their functions or caused by such
exercise which results in violations of rights٫ freedoms٫ or safeguards or in
damage to another party.
Article ۲۳ Ombudsman
(۱) Citizens may present complaints concerning actions or omissions on the part
of the public authorities to the Ombudsman who examines them without power of
decision and makes such recommendations to the appropriate organs as are
necessary in order to prevent or make good injustice.
(۲) The activities of the Ombudsman are independent of any acts of grace or
legal remedies provided for in the Constitution and laws.
(۳) The Ombudsman is an independent organ; he is appointed by the Assembly
of the Republic.
(۴) The organs and officials of the Public Administration have to co-operate
with the Ombudsman for the carrying out of his functions.
Section II Rights٫ Freedoms٫ and Safeguards
Chapter I Personal Rights٫ Freedoms٫ and Safeguards
Article ۲۴ Right to Life
(۱) Human life is inviolable.
(۲) The death penalty is applicable in no case.
Article ۲۵ Right to Personal Integrity
(۱) The moral and physical integrity of the persons is inviolable.
(۲) No one may be subjected to torture or to cruel٫ degrading٫ or inhuman
treatment or punishment.
Article ۲۶ Other Personal Rights
(۱) Everyone”s right to his or her personal identity٫ civil capacity٫
citizenship٫ good name and reputation٫ image٫ the right to speak out٫ and the
right to the protection of the intimacy of his or her private and family life
is recognized.
(۲) The law establishes effective safeguards against the abusive use٫ or any
use that is contrary to human dignity٫ of information concerning persons and
families.
(۳) A person may be deprived of citizenship or subjected to restrictions on his
or her civil capacity only in cases and under conditions laid down by law٫ and
never on political grounds.
Article ۲۷ Right to Freedom and Security
(۱) Everyone has the right to freedom and security.
(۲) No one may be deprived of his or her freedom٫ in whole or in part٫ except
as a result of a court judgment convicting him or her to a prison sentence on
account of an offense punishable by law٫ or as a result of judicial application
of a security measure.
(۳) In the following cases and as a matter of exception٫ the latter principle
does not apply to deprivation of freedom٫ for the period and under the
conditions laid down by law:
a) Remand in custody٫ where a person is taken in flagrante delicto or where
there is strong evidence that the person has committed a deliberate offense
punishable٫ at the top of the scale٫ with imprisonment for over three years;
b) The arrest or detention of a person who has unlawfully entered or stayed in
the national territory or against whom extradition or deportation proceedings
have been instituted;
c) Disciplinary imprisonment of military٫ who are guaranteed the right to
appeal to the competent court;
d) Subjection of a minor to measures of protection٫ assistance or education in
a suitable establishment٫ decided by the competent court;
e) Detention by court order due to disobedience to a court order or to ensure
appearance before the competent judicial authority.
(۴) Every person who is deprived of freedom shall be informed٫ immediately and
in a comprehensible way٫ of the reasons of his or her arrest or detention٫ as
well as of his or her rights.
(۵) Any deprival of freedom in violation of the provisions of the Constitution
and the law results in the State havinggg the duty to compensate the aggrieved
party in accordance with what is laid down by law.
Article ۲۸ Remand in Custody
(۱) Detention without judicial charrrge٫ within forty eight hours٫ is subject
to the scrutiny of a court٫ for validation or continuation of detention; the
court hears the reasons for the detention٫ informs the prisoner thereof٫
interrogates the latter٫ and allows him or her the chance to defend him or
herself.
(۲) Remanding someone in custody may not be continued where it can be replaced
by bail or by any other more favorable measure provided by law.
(۳) A court order for a measure involving deprivation of freedom or for its
continuance immediately has to be made known to the person indicated by the
prisoner٫ be it a relative of the latter or a person in his or her trust.
(۴) Remanding someone in custody٫ both before and after judicial charrrge٫ is
subject to the time limitations laid down by law.
Article ۲۹ Application of Criminal Law
(۱) No one may be convicted under criminal law except by virtue of existing
legislation making the action or omission punishable٫ and no one may be
subjected to a security measure involving deprivation of freedom for reasons
that do not warrant such a measure under existing legislation.
(۲) The foregoing paragraph does not prevent the punishment٫ within the limits
of municipal law٫ of an action or omission which at the time it was committed
was regarded as criminal by virtue of the commonly accepted general principles
of international law.
(۳) No sentences or security measures is applied that is not expressly provided
for in previous laws.
(۴) No one may be subjected to a sentence or security measure that is more
severe than those provided for at the time the act was committed or the plans
therefor were laid. Criminal laws more favorable to the offender apply
retroactively.
(۵) No one can be tried more than once for the same offence.
(۶) Citizens who have been unjustly convicted have the right٫ under conditions
to be laid down by law٫ to have their sentences reviewed and to be compensated
for losses suffered.
Article ۳۰ Limits on Sentences and Security Measures
(۱) No one may be subjected to a sentence or security measure
involving deprivation or restriction of freedom for life or for an unlimited or
indefinite term.
(۲) In case of danger due to serious mental disorder that cannot be treated in
an open environment٫ security measures involving deprivation or restriction of
freedom may be extended successively by judicial decision in each case٫ for as
long as the said condition lasts.
(۳) Sentences are not transferable.
(۴) No sentence may involve٫ as a necessary effect٫ the loss of any civil٫
occupational٫ or political rights.
(۵) The persons who are convicted to a sentence or a security measure involving
deprivation of freedom enjoy the fundamental rights٫ save the limitations that
are inherent in the conviction and the requirements of its enforcement.
Article ۳۱ Habeas Corpus
(۱) The remedy of habeas corpus is available before a court of law or court
martial٫ according to the case٫ against any wrongful use of power in the form
of unlawful detention.
(۲) Habeas corpus may be demanded by the prisoner or by any citizen in
enjoyment of his political rights.
(۳) The court rules on a motion for habeas corpus within eight days at a
hearing in the presence of both parties.
Article ۳۲ Safeguards in Criminal Proceedings
(۱) Criminal proceedings have to provide all necessary safeguards for the
defence.
(۲) Everyone charrrged with an offence is presumed innocent until his
conviction has acquired the force of res judicata٫ and he is tried as fast as
is compatible with defence safeguards.
(۳) The accused has the right to choose and to be assisted by counsel at all
stages of the proceedings. The cases and stages in which this is compulsory are
specified by law.
(۴) A judge has jurisdiction throughout the preliminary investigation. In
accordance with the law٫ the judge may delegate to other persons those acts of
investigation that are not directly connected with fundamental rights.
(۵) Criminal proceedings are accusatory in structure٫ and the trial and the
acts of the preliminary investigation to be determined by law are subject to
the principle that both parties should be heard.
(۶) Any evidence obtained by torture٫ force٫ violation of the physical or moral
integrity of the individual٫ wrongful interference in private life٫ the home٫
correspondence٫ or telecommunications are of no effect.
(۷) No case may be withheld from the court that has jurisdiction under
previously existing law.
(۸) In proceedings concerning regulatory offences٫ the accused is guaranteed
the right to a hearing as well as the right to defend him or herself.
Article ۳۳ Extradition٫ Deportation٫ Right to Asylum
(۱) Portuguese citizens may not be extradited or deported from the national
territory.
(۲) No one may be extradited for political reasons.
(۳) No one may be extradited for crimes which carry the death penalty under the
law of the requesting State.
(۴) Extradition is decided only by a judicial authority.
(۵) Deportation of persons who have entered or are staying regularly on the
national territory٫ who have obtained a residence permit٫ or who have lodged a
non-refused asylum application٫ is decided only by a judicial authority; the
law provides for expeditious forms of decisionmaking.
(۶) The right of asylum is secured to aliens and stateless persons who are
persecuted or seriously threatened of persecution as a result of their
activities on behalf of
democracy٫ social and national liberation٫ peace among the peoples٫ or
individual freedom and human rights.
(۷) The status of political refugees are defined by law.
Article ۳۴ Inviolability of Home and Correspondence
(۱) The individual”s home and the privacy of his correspondence and other
means of private communication are inviolable.
(۲) A citizen”s home may not be entered against his will٫ except by order of
the competent judicial authority and in the cases and according to the forms
laid down by law.
(۳) No one may enter the home of any person at night without his consent.
(۴) Any interference by public authority with correspondence or
telecommunications٫ apart from the cases laid down by law in connection with
criminal procedure٫ are prohibited.
Article ۳۵ Use of Data Processing
(۱) Without prejudice to the provisions of the law on State secrecy and justice
secrecy٫ all citizens have the right of access to the data contained in
automated data records and files concerning them as well as the right to be
informed of the use for which they are intended; they are entitled to
request that the contents thereof be corrected and brought up to date.
(۲) Access to personal data records or files are forbidden for purposes of
getting information relating to third parties as well as for the
interconnection of these files٫ save in exceptional cases as provided for in
the law and in Article ۱۸.
(۳) Data processing may not be used in regard to information concerning a
person”s philosophical or political convictions٫ party or trade unionnn
affiliations٫ religious beliefs٫ or private life٫ except in the case of
non-identifiable data for statistical purposes.
(۴) The law defines the concept of personal data for the purposes of data
storage as well as the conditions for establishing data banks and data basis by
public or private entities and the conditions of utilization and access.
(۵) Citizens may not be issued all-purpose national identification numbers.
(۶) The law defines the provisions applicable to transborder data flows
establishing adequate norms of protection of personal data and of any other
data in which the national interest is justified.
Article ۳۶ Family٫ Marriage٫ and Filiation
(۱) Everyone has the right to found a family and marry on terms of complete
equality.
(۲) The requirements for and effects of marriage and its dissolution by death
or divorce are regulated by law without distinction as to the form in which the
marriage is or was contracted.
(۳) Spouses have equal rights and duties with respect to their civil and
political capacity as well as the maintenance and upbringing of their children.
(۴) Children born out of wedlock may not for that reason be the subject of
discrimination; discriminatory designations of filiation may not be used by
the law or by Government departments.
(۵) Parents have the right and the duty to bring up and maintain their
children.
(۶) Children are not to be separated from their parents unless the latter fail
to perform their fundamental duties towards the former٫ and then only by
judicial decision.
(۷) Adoption is regulated and protected in accordance with the law.
Article ۳۷ Freedom of Expression and Information
(۱) Everyone has the right to express and make known his or her thoughts freely
by words٫ images٫ or any other means٫ and also the right to inform٫ obtain
information٫ and be informed without hindrance or discrimination.
(۲) The exercise of these rights may not be prevented or restricted by any type
or form of censorship.
(۳) Offences committed in the exercise of these rights are punishable under the
general principles of criminal law٫ the courts of law havinggg jurisdiction to
try them.
(۴) The right of reply and rectification and the right to compensation for
losses suffered are equally and effectively secured to all natural and
artificial persons.
Article ۳۸ Freedom of the Press and Mass Media
(۱) Freedom of the press is safeguarded.
(۲) Freedom of the press includes:
a) The freedom of expression and creativeness for journalists and literary
collaborators as well as a role for the former in giving editorial direction to
the concerned mass media٫ save where the latter belong to the State or have a
doctrinal or denominational charrracter;
b) The journalists” right of access to the sources of information٫
protection of their professional independence and secrecy٫ and election of
editorial councils٫ in accordance with the law;
c) The right to start newspapers and any other publication regardless of any
prior administrative authorization٫ deposit٫ or qualification.
(۳) The law ensures٫ in a general way٫ disclosure of the ownership and forms of
financing of the mass media.
(۴) The State ensures the freedom and independence of the mass media against
the political and economic powers; it imposes the principle of specialty
with respect to companies that own general information media; it treats and
support the latter in a non-discriminatory fashion and prevents their
concentration٫ notably through multiple or inter-locking financial interests.
(۵) The State ensures the existence and the operation of a public service of
radio and television.
(۶) The structure and the operation of the media that remain within the public
sector ensure their independence against the Government٫ the administration٫
and other public bodies; it also ensures that the different lines of opinion
may be expressed and confronted.
(۷) Radio and television stations may operate only where a license to that
effect has been delivered pursuant to a public competition held in accordance
with the law.
Article ۳۹ High Authority for the Mass Media
(۱) The High Authority for the mass media secures the right to information٫ the
freedom of the press٫ the independence of the mass media against the political
and economic powers٫ the possibility of expression and confrontation of the
different lines of opinion٫ as well as the exercise of the right to
broadcasting time٫ the right of reply and the right of political argument.
(۲) The High Authority for the mass media is an independent body٫ made up٫ in
accordance with the law٫ of thirteen members including among them the
following:
a) One judge appointed by the Higher Council of the Bench٫ who is in the chair;
b) Five members elected by the Assembly of the Republic according to the system
of proportional representation and the Hondt highest average method;
c) Three members appointed by the Government;
d) Four members representing٫ notably٫ public opinion٫ the mass media٫ and
culture.
(۳) The High Authority for the mass media gives an opinion prior to any
government decision concerning the licensing of private television channels;
such a decision٫ if favorable٫ falls
only upon an application that will have been the subject of a favorable
opinion.
(۴) Within the delay provided for in the law and prior to the appointment and
removal of the directors of the mass media belonging to the State٫ to other
public bodies or to bodies directly or indirectly under the economic control of
the State٫ the High Authority for the mass media also give a public and
substantiated opinion.
(۵) The law regulates the functioning of the High Authority for the mass media.
Article ۴۰ Right to Broadcasting Time٫ Reply٫ and Political Argument
(۱) The political parties٫ the trade unionnns٫ the professional organizations٫
and the organizations representing economic activities٫ according to their
representation and to objectttive criteria laid down by the law٫ have the
right to broadcasting time on publicly owned radio and television.
(۲) The political parties represented in the Assembly of the Republic and not
in Government have the right to broadcasting time on publicly owned radio and
television٫ on a pro rata basis and in accordance with the law; they also
have the right to reply and to political argument with respect to the political
statements of the Government٫ in accordance with the law. The length and the
relevance afforded to the exercise of such rights is equal to what the
Government was respectively granted.
(۳) In election periods٫ the competitors have the right to regular and
equitable broadcasting time on radio and television stations of national and
regional relevance٫ in accordance with the law.
Article ۴۱ Freedom of Conscience٫ Religion٫ and Worship
(۱) Freedom of conscience٫ religion٫ and worship are inviolable.
(۲) No one may be persecuted٫ deprived of rights٫ or exempted from civil
obligations or duties because of his convictions or religious practices.
(۳) No one may be questioned by any authority about his or her convictions or
religious practices٫ except for gathering of statistical data that cannot be
identified individually٫ nor shall anyone be prejudiced by his or her refusal
to reply.
(۴) The churches and religious communities are separate from the State and free
to organize and exercise their own ceremonies and worship.
(۵) The freedom to teach any religion within its own denomination and the use
of its own means of public information for the pursuit of its activities٫ are
safeguarded.
(۶) The right to be a conscientious objectttor is safeguarded in accordance
with the law.
Article ۴۲ Freedom of Cultural Creation
(۱) Intellectual٫ artistic٫ and scientific creation are unrestricted.
(۲) This freedom includes the right to invention٫ production٫ and dissemination
of scientific٫ literary٫ or artistic works٫ including legal protection of
copyright.
Article ۴۳ Freedom to Learn and Teach
(۱) The freedom to learn and teach is safeguarded.
(۲) The State may not arrogate to itself the right to plan education and
culture in accordance with any philosophical٫ aesthetic٫ political٫
ideological٫ or religious guidelines.
(۳) Public education is non-denominational.
(۴) The right to establish private and co-operative schools is safeguarded.
Article ۴۴ Right to Travel and Emigrate
(۱) The right of all citizens to travel and to settle freely anywhere in
national territory is safeguarded.
(۲) The right to emigrate or leave the national territory and the right to
return to it are secured to everyone.
Article ۴۵ Right to Meet and Demonstrate
(۱) Citizens have the right to meet peacefully and without arms٫ even in public
places٫ without requiring any authorization.
(۲) The right of all citizens to demonstrate is recognised.
Article ۴۶ Freedom of Association
(۱) Citizens have the right to form associations freely and without requiring
any authorization provided such associations are not intended to promote
violence and their objectttives are not contrary to the criminal law.
(۲) Associations may pursue their objectttives freely without interference by
any public authority. They cannot be dissolved by the State and their
activities may not be suspended except by judicial decision in the cases
provided by law.
(۳) No one is obliged to join any association or forced by any means to remain
in it.
(۴) Armed٫ military-type٫ militarized٫ or para-military associations outside
the State and the Armed Forces and organizations which adopt fascist ideology
are not permitted.
Article ۴۷ Freedom to Choose One”s Occupation and Enter the Civil Service
(۱) Everyone has the right to choose freely his or her occupation or type of
work٫ except for legal restrictions laid down in the public interest or
inherent to his or her own capacity.
(۲) All citizens have the right to enter the civil service under conditions of
equality and freedom٫ generally through public competitions.
Chapter II Rights٫ Freedoms٫ and Guarantees of Political Participation
Article ۴۸ Participation in Public Life
(۱) All citizens have the right to take part in political life and in the
control of the country”s public affairs٫ either directly or through
freely-elected representatives.
(۲) Every citizen has the right to objectttive information about the acts of
the State and other public bodies and to be informed by the Government and
other authorities about the management of public affairs.
Article ۴۹ Right to Vote
(۱) All citizens who are over ۱۸ years of age have the right to vote٫ except
for the incapacities laid down in general law.
(۲) The exercise of the right to vote is personal and constitutes a civic duty.
Article ۵۰ Right to Access to Public Office
(۱) All citizens have the right of access to public office under conditions of
equality and freedom.
(۲) No one may be discriminated against in his or her assignment to a specific
post٫ employment٫ professional career٫ or social benefits to which he or she
has a right because of the exercise of political rights or the holding of
public office.
(۳) With respect to access to elective office٫ the law establishes only such
limitations as are necessary in order to secure the electors freedom of choice
as well as the unbiased and independent carrying out of the functions that go
with the office.
Article ۵۱ Political Associations and Parties
(۱) Freedom of association includes the right to set up and join political
associations and parties and through them to work jointly and democratically to
give form to the will of the people
and to organize political power.
(۲) No one may be a member of more than one political party simultaneously٫ or
be deprived of the exercise of any right because of membership٫ or cessation of
membership٫ of a lawfully constituted party.
(۳) Without prejudice to the philosophy or ideology inspiring their programs٫
political parties may not use names that contain terms directly related to any
religion or church or use emblems which may be mistaken for national or
religious symbols.
(۴) No party may be established whose name or displayed aims indicate a
regional nature or field of action.
Article ۵۲ Right to Petition and Actio Popularis
(۱) All citizens have the right to submit٫ individually or jointly٫ petitions٫
representations٫ claims٫ and complaints to the organs of supreme authority ar
any authority٫ for the purpose of defending their rights٫ the Constitution٫ the
laws٫ or the general interests.
(۲) The law sets out the requirements under which petitions submitted jointly
to the Assembly of the Republic are examined in a plenary sitting.
(۳) Everyone٫ either personally or through associations that purport to defend
the interests at stake٫ enjoys the right to actio popularis in the cases and
under the conditions provided by law٫ notably the right to promote the
prevention٫ the suppression٫ and the prosecution of offences against public
health٫ the environment٫ the quality of life٫ and the cultural heritage٫ as
well as to claim the corresponding damages for the aggrieved party or parties.
Chapter III Rights٫ Freedoms٫ and Safeguards of Workers
Article ۵۳ Job Security
The right of workers to job security is safeguarded. Dismissals without just
cause or for political or ideological reasons are forbidden.
Article ۵۴ Workers” Committees
(۱) Workers have the right to set up committees for the defence of their
interests and for a democratic share in the running of their enterprise.
(۲) The establishment of the committees is determined by general assemblies of
the workers٫ who also approve their statutes and elect their members by direct
and secret ballot.
(۳) Coordinating committees may be set up in such a form as to safeguard the
interests of the workers for the purpose of more effective intervention in
economic reorganization.
(۴) The members of the committees enjoy the protection afforded by law to trade
unionnn delegates.
(۵) Workers” committees have the right to:
a) Receive all information needed for the pursuit of their activities;
b) Supervise the management of enterprises;
c) Intervene in the reorganization of production units;
d) Participate in the drawing up of labor legislation and social and economic
plans concerning their sector;
e) Manage or participate in the management of the social works of enterprises;
f) Promote the election of representatives of the workers to the management
organs of enterprises belonging to the State or other public bodies٫ in
accordance with the law.
Article ۵۵ Trade unionnn Freedom
(۱) Workers are free to form trade unionnns٫ a condition and safeguard for the
building of their unity in defence of their rights and interests.
(۲) In the exercise of trade unionnn freedom٫ the following freedoms are
safeguarded for workers without discrimination:
a) Freedom to set up trade unionnn associations at all levels;
b) Freedom of membership٫ no worker being required to pay dues to a trade
unionnn of which he is not a member;
c) Freedom in the organization and internal regulation of trade unionnn
associations;
d) The right to engage in trade unionnn activity within the enterprise;
e) The right to different tendencies٫ in ways to be determined by the statutes
thereof.
(۳) Trade unionnn associations are governed by the principles of democratic
organization and management٫ based on regular elections to their governing
bodies by secret ballot. They are not subject to any authorization or
recognition٫ their foundation being active participation by the workers in all
aspects of trade unionnn activity.
(۴) Trade unionnn associations are independent of employers٫ the State٫ and
religious denominations. Adequate safeguards for such independence has to be
laid down by law as the foundation of the unity of the working classes.
(۵) Trade unionnn associations have the right to establish relations with or
to join international trade unionnn organizations.
(۶) The law secures adequate protection to the elected representatives of
workers against any forms of constraint٫ coercion٫ or limitation of the
legitimate performance of their duties.
Article ۵۶ Rights of Trade unionnn Associations and Collective Agreements
(۱) Trade unionnn associations are competent to defend and promote the defense
of the rights and interests of the workers they represent.
(۲) Trade unionnn associations have the right to:
a) Participate in the preparation of labor legislation;
b) Participate in the management of social security institutions and other
bodies whose aim is to satisfy the interests of the working classes;
c) Participate in the supervision of the implementation of economic and social
plans;
d) Be represented in the social dialogue bodies٫ in accordance with the law.
(۳) Trade unionnn associations have the powers to exercise the right of
concluding collective agreements.
(۴) The rules governing the powers to conclude collective labor agreements and
the scope of their provisions are laid down by law.
Article ۵۷ Right to Strike and Prohibition of Lock-Outs
(۱) The right to strike is safeguarded.
(۲) Workers are entitled to decide what interests are to be protected by means
of strikes. The sphere of such interests is not be restricted by law.
(۳) Lock-outs are prohibited.
Section III Economic٫ Social٫ and Cultural Rights and Duties
Chapter I Economic Rights and Duties
Article ۵۸ Right to Work
(۱) Everyone has the right to work.
(۲) The duty to work is inseparable from the right to work٫ except for those
persons whose capacities have been diminished by age٫ sickness٫ or disability.
(۳) It is the duty of the State٫ by implementing plans for economic and social
policy٫ to safeguard the right to work٫ ensuring:
a) The implementation of full employment policies;
b) Equality of opportunity in the choice of occupation or type of work and
conditions preventing access to any post٫ work٫ or professional category being
prohibited or restricted by reason of a person”s sex;
c) Cultural٫ technical٫ and vocational training for workers.
Article ۵۹ Rights of Workers
(۱) All workers٫ regardless of their age٫ sex٫ race٫ nationality٫ land of
origin٫ religion٫ or political or ideological convictions٫ are entitled to:
a) Remuneration for their work according to its quantity٫ nature٫ and quality٫
on the principle of equal pay for equal work٫ so as to secure to them an
appropriate livelihood;
b) The organization of work in conditions making for dignity so as to permit
personal self-fulfillment;
c) Safe and healthy working conditions;
d) Rest and recreation٫ a limit to the length of the working day٫ a weekly rest
day and holidays with pay;
e) Material assistance when they are involuntarily unemployed.
(۲) It is the duty of the State to secure the conditions of work٫ remuneration٫
and rest to which workers are entitled٫ in particular by:
a) Fixing and keeping up to date a national minimum wage and maximum wage٫
havinggg regard among other factors to workers” needs٫ the increase in the
cost of living٫ the degree of development of the forces of production٫ economic
and financial stability٫ and the formation of capital for development;
b) Setting limits on the length of working time at the national level;
c) Special protection at work for women during pregnancy and after childbirth٫
for minors٫ for disabled persons٫ and for those engaged in activities requiring
particular effort or working in unhealthy٫ poisonous٫ or dangerous conditions;
d) Systematic development of a network of rest and holiday centers٫ in
co-operation with welfare organizations;
e) Protecting the working conditions and safeguarding social benefits of
emigrant workers.
Article ۶۰ Consumer Rights
(۱) Consumers have the right to goods and services of good quality٫ to training
and information٫ to the protection of their health٫ safety٫ and economic
interests٫ as well as to compensation for damages.
(۲) Advertising has to be regulated by law; all forms of hidden٫ indirect٫
or fraudulent advertising are prohibited.
(۳) Consumer associations and consumer co-operatives are entitled٫ in
accordance with the law٫ to the support of the State and to being heard on the
questions concerning consumer protection.
Article ۶۱ Private Enterprise٫ Cooperatives٫ Industrial Self-Mmanagement
(۱) Private economic enterprise are freely exercised٫ within the framework set
out in the Constitution and in the law٫ and with due account to the general
interest.
(۲) Everyone is recognized the right to freely set up cooperatives٫ as long as
the cooperative principles are observed.
(۳) Cooperatives freely carry on their activities and may join in unionnns٫
federations٫ and confederations.
(۴) The right to industrial self-management is recognized in accordance with
the law.
Article ۶۲ Right to Private Property
(۱) Everyone is secured٫ in accordance with the Constitution٫ the right to
private property and to its transfer during lifetime or by death.
(۲) The requisition of property or its expropriation for public purposes are
carried out only on the strength of the law and only against the payment of
fair compensation.
Chapter II Social Rights and Duties
Article ۶۳ Social Security
(۱) Everyone is entitled to social security.
(۲) It is the duty of the State to organize٫ coordinate٫ and subsidize a
unified and decentralized social security system٫ with the participation of the
trade unionnn associations٫ other organizations representing the workers٫ and
associations representing the other beneficiaries.
(۳) The right to set up private and non-profit-making institutions of social
solidarity that pursue the social security objectttives laid out in this
Article and in Articles ۶۷ (۲)(b)٫ ۶۹٫ ۷۰ (۱)(d)٫ ۷۱ and ۷۲٫ is recognized;
they are regulated in the law and subject to State supervision.
(۴) The social security system protects citizens in sickness٫ old age٫
disability٫ widowhood٫ orphanhood٫ unemployment٫ and all other situations in
which the means of subsistence or capacity to work are lost or reduced.
(۵) All the periods of time spent working regardless of the sectors of activity
where the work was performed٫ are taken into account for the purposes of
calculating the amount of old age and disability pensions٫ in accordance with
the law.
Article ۶۴ Health
(۱) Everyone has the right to protection of his or her health and the duty to
defend and foster it.
(۲) The right to health protection is to be met by:
a) A universal and general national health service that٫ taking into account
the economic and social conditions of the citizens٫ tending to be free of
charrrge;
b) The creation of economic٫ social٫ and cultural conditions securing the
protection of children٫ the young٫ and the old; the systematic improvement
of living and working conditions; the promotion of physical fitness and
sports in school and among the people; the development of the people”s
sanitary education.
(۳) In order to secure the right to health protection٫ the State has prime duty
to:
a) Secure the access of all citizens٫ regardless of their economic condition٫
to preventive as well as curative and rehabilitation medical care;
b) Secure a rational and efficient medical and hospital coverage of the whole
country;
c) Direct its action towards the socialization of the costs of medical and
medico-pharmaceutical care;
d) Control and supervise medicine practiced in partnership and privately٫
coordinating it with the national health service;
e) Control and supervise the production٫ marketing and use of chemical٫
biological and pharmaceutical products and other means of treatment and
diagnosis.
(۴) The national health service has a decentralized management in which the
beneficiaries take part.
Article ۶۵ Housing
(۱) Everyone has the right for himself and his family to a dwelling of adequate
size satisfying standards of hygiene and comfort and preserving personal and
family privacy.
(۲) In order to safeguard the right to housing٫ it is the duty of the State to:
a) Draw up and put into effect a housing policy that is a part of general
regional planning and is based on urban planning that secures the existence of
an adequate network of transport and social facilities;
b) Encourage and support local authorities” and communities” initiatives
aimed at solving their housing problems and promoting the establishment of
housing cooperatives as well as individual building;
c) Promote private building subject to the public interest٫ as well as access
to privately owned dwelling.
(۳) The State adopts a policy aimed at introducing a system of rents compatible
with family incomes and of individual ownership of dwellings.
(۴) The State and local authorities exercise effective supervision over
immovable property٫ expropriate urban land where necessary٫ and lay down the
legal requirements for its use.
Article ۶۶ Environment and Quality of Life
(۱) Everyone has the right to a healthy and ecologically balanced human
environment and the duty to defend it.
(۲) It is the duty of the State٫ acting through appropriate bodies and
havinggg recourse to or taking support on popular initiatives٫ to:
a) Prevent and control pollution٫ its effects and harmful forms of erosion;
b) Order and promote regional planning aimed at achieving a proper location of
activities٫ a balanced social and economic development٫ and resulting in
biologically balanced landscapes;
c) createee and develop natural reserves and parks and recreation areas and
classify and protect landscapes and sites so as to ensure the conservation of
nature and the preservation of cultural assets of historical or artistic
interest;
d) Promote the rational use of natural resources٫ safeguarding their capacity
for renewal and ecological stability.
Article ۶۷ Family
(۱) The family٫ as a fundamental element of society has the right to protection
by society and the State and to the creation of all conditions permitting the
personal self-fulfillment of its members.
(۲) The State has the duty of protecting the family٫ in particular by:
a) Promoting the social and economic independence of family units;
b) Promoting the establishment of a national network of assistance to mothers
and children٫ a national network of day care centers and facilities for aiding
the family٫ and a policy for the old;
c) Cooperating with parents in the education of their children;
d) Promoting by all necessary means the wider knowledge of family planning
methods and setting up legal and technical structures permitting planned
parenthood;
e) Adjusting taxes and social security benefits in line with family
responsibilities;
f) Determining٫ after hearing associations representing families٫ and carrying
out an overall and integrated family policy.
Article ۶۸ Fatherhood and Motherhood
(۱) In carrying out their irreplaceable action with regard to their children٫
notably as concerns the education of the latter٫ fathers and mothers are
entitled to protection by society and the State٫ with safeguards for their
occupational self-fulfillment and their participation in the country”s civic
life.
(۲) Motherhood and fatherhood are eminent social values.
(۳) When pregnant and after havinggg given birth٫ women at work are entitled
to special protection٫ including entitlement to leave from work without loss of
remuneration and any privileges.
Article ۶۹ Childhood
(۱) Children have the right to the protection of society and the
State with a view to their full development.
(۲) Children٫ particularly orphans and abandoned children٫ are entitled to
special protection by society and the State against any form of discrimination
and oppression and against abuses of authority in the family and other
institutions.
Article ۷۰ Young People
(۱) Young people٫ especially young people at work٫ receive special protection
for the purpose of effective enjoyment of their economic٫ social٫ and cultural
rights٫ notably with respect to:
a) Education٫ vocational training٫ and culture;
b) Access to a first job٫ work٫ and social security;
c) Physical education and sports;
d) The use of leisure-time.
(۲) The prime objectttive of youth policy is to develop in young people their
charrracter٫ a liking for unfettered creation٫ and a sense of service to the
community٫ as well as to createee the prerequisites leading to their effective
integration in active life.
(۳) In conjunction with the families٫ schools٫ businesses٫ neighborhood
organizations٫ cultural associations٫ and trusts٫ recreational and cultural
groups٫ the State promotes and assists the youth organizations in pursuing the
above-mentioned objectttives٫ as well as the international exchanges of young
people.
Article ۷۱ Disabled Persons
(۱) Citizens who are physically or mentally disabled enjoy all the rights and
be subject to all the duties embodied in the Constitution٫ except for the
exercise or performance of those for which their disablement renders them
unfit.
(۲) The State carries out a national policy for prevention and for the
treatment٫ rehabilitation٫ and integration of handicapped persons٫ developes a
form of education to make society aware of its duties of respect for them and
solidarity with them٫ and ensures that they enjoy their rights fully٫ without
prejudice to the rights and duties of their parents or guardians.
(۳) The State assists the disabled persons” associations.
Article ۷۲ Old Age
(۱) Old people have the right to economic security and to conditions of housing
and of family and community life that prevents and overcomes their isolation
and marginal position in society.
(۲) The policy for the old also comprises economic٫ social٫ and cultural
measures that tend to provide old people with opportunities for personal
self-fulfillment through active participation in community life.
Chapter III Cultural Rights and Duties
Article ۷۳ Education٫ Culture٫ and Science
(۱) Everyone has the right to education and culture.
(۲) The State promotes the democratization of education and other conditions so
that education at school and by other methods can contribute to the development
of the personality٫ to social progress٫ and to democratic participation in
public life.
(۳) In conjunction with the mass media٫ cultural association and trusts٫
cultural and recreational groups٫ associations for the safeguard of the
cultural heritage٫ neighborhood organizations and other cultural agents٫ the
State promotes the democratization of culture by encouraging and securing
access by all citizens to the fruits of culture and cultural creation.
(۴) Scientific creation and research٫ as well as technological innovation٫ is
encouraged and assisted by the State.
Article ۷۴ Education
(۱) Everyone has the right to education with safeguard of the right to equal
opportunities of access to and success in schooling.
(۲) Education contributes to overcome economic٫ social٫ and cultural
imbalances٫ to enable citizens to participate on a democratic basis in a free
society and to promote mutual understanding٫ tolerance٫ and a spirit of
solidarity.
(۳) In the implementation of its educational policy it is a State duty to:
a) Ensure compulsory and free universal basic education;
b) Institute a public system of pre-school education;
c) Ensure permanent education and abolish illiteracy;
d) Secure to all citizens٫ in accordance with their ability٫ access to the
highest levels of education. scientific research and artistic creation;
e) Institute by stages free education at all levels;
f) inserttt the schools in the communities they serve and coordinate education
with economic٫ social and cultural activities;
g) Promote and support special education for the handicapped;
h) Secure for emigrants” children the teaching of the Portuguese language
and access to Portuguese culture.
(۴) Access to work is forbidden٫ in accordance with the law٫ to school-age
minor children.
Article ۷۵ Public٫ Private٫ and Cooperative Education
(۱) The State establishes a network of public education institutions to meet
the needs of the whole population.
(۲) The State recognizes and supervises private and cooperative education٫ in
accordance with the law.
Article ۷۶ University and Access to Higher Level Education
(۱) The rules governing access to the University and other institutions of
higher education secure equal chances for all and the democratization of the
system of education; they take into account the need for qualified graduates
and the betterment of the country”s educational٫ cultural٫ and scientific
level.
(۲) The universities are autonomous with respect to the adoption of their rules
and enjoy scientific٫ pedagogical٫ administrative٫ and financial autonomy٫ all
in accordance with the law.
Article ۷۷ Democratic Participation in Education
(۱) Teachers and students have the right to participate in the democratic
management of schools in accordance with the law.
(۲) The law regulates the forms of participation of teachers”٫ students”
and parents” associations and the communities and institutions of a
scientific nature in the determination of educational policy.
Article ۷۸ Cultural Enjoyment and Creation
(۱) Everyone has the right to cultural enjoyment and creation٫ and the duty to
preserve٫ defend٫ and increase the cultural heritage.
(۲) It is the duty of the State٫ in cooperation with all cultural agents٫ to:
a) Encourage and ensure the access of all citizens٫ particularly the workers٫
to the means and instruments of cultural action٫ and to correct the asymmetries
existing in the country in this regard;
b) Support initiatives stimulating individual and collective creation in its
multiple forms and expression٫ and a greater circulation of quality cultural
works and assets;
c) Promote the safeguarding and increase of the cultural heritage٫ making it a
lifely element of the common cultural identity;
d) Develop cultural relations with all peoples٫ particularly the
Portuguese-speaking ones٫ and to ensure the defence and promotion of Portuguese
culture abroad;
e) Coordinate cultural policy with other sectorial policies.
Article ۷۹ Physical Education and Sport
(۱) Everyone has the right to physical education and sports.
(۲) It is the duty of the State٫ in conjunction with the schools and sports
associations and groups٫ to promote٫ stimulate٫ guide٫ and support the practice
and dissemination of physical education and sports٫ as well as to prevent
violence in sports.
Part II Economic Organization
Section I General Principles
Article ۸۰ Fundamental Principles
The social and economic organization are based on the following principles:
a) Subordination of economic power to democratic political٫ power;
b) Co-existence of the public٫ the private٫ and the cooperative and social
sectors with respect to the ownership of the means of production;
c) Collective ownership of means of production and land as required by the
public interest; collective ownership of the natural resources;
d) Democratic planning of the economy;
e) Protection of the cooperative and social sector with respect to the
ownership of the means of production;
f) Democratic intervention of the workers.
Article ۸۱ Prime Duties of the State
In the economic and social sphere the prime duties of the State are:
a) To promote an increase in the social and economic well-being and the quality
of life of the people٫ especially the most underprivileged classes;
b) To undertake the necessary corrections with respect to imbalances in the
distribution of wealth and income;
c) To ensure that the productive forces are fully used٫ particularly by
watching over the efficiency of the public sector;
d) To guide the economic and social development towards balanced growth of all
sectors and regions and to progressively eliminate the economic and social
differences between town and country;
e) To abolish private monopolies and to prevent their being createeed٫ as well
as to suppress abuses of economic power and all practices that are harmful to
the common interest;
f) To ensure that there is fair competition in business;
g) To develop economic relations with all peoples while always safeguarding
national independence and the interests of the Portuguese and of the
country”s economy;
h) To suppress the very large estates and reorganize the very small farms;
i) To ensure that the organizations representing the workers and the
organizations representing economic activities participate in determining٫
implementing٫ and controlling the main economic and social measures;
j) To protect the consumers;
l) To set up the legal and technical structures that are necessary for
introducing a system of democratic economic planning;
m) To draw up a scientific and technological policy that furthers the
country”s development;
n) To adopt a national energies policy that is in keeping with the conservation
of natural resources and ecological balances٫
whilst promoting international co-operation in this field.
Article ۸۲ Sectors in the Ownership of the Means of Production
(۱) The co-existence of three sectors with respect to the ownership of the
means of production is safeguarded.
(۲) The public sector comprises the means of production that belong to and are
managed by the State or other public bodies.
(۳) The private sector comprises the means of production that belong to or are
managed by private persons or private corporate bodies٫ without prejudice to
the provisions in the following paragraph.
(۴) The cooperative and social sector comprise the following:
a) The means of production that belong to and are managed by cooperatives in
accordance with the cooperative principles;
b) The community”s means of production that belong to and are managed by
local communities;
c) The means of production that are collectively exploited by workers.
Article ۸۳ Requirements for Collective Ownership
The law defines the ways and means of collective interference in and collective
ownership of the means of production and land٫ as well as the criteria for
fixing the corresponding compensation.
Article ۸۴ Public Domain
(۱) The following are part of the public domain:
a) The territorial waters with their beds and the contiguous sea beds٫ as well
as the lakes٫ lagoons٫ and navigable or floatable water-courses٫ with their
respective beds;
b) The air layers above the territory and higher than the limits recognized to
owners and lessees;
c) Mineral beds٫ mineral and medical water-springs٫ underground natural
cavities in the subsoil٫ save the rocks٫ ordinary soils٫ and other materials
habitually used for building construction purposes;
d) The roads;
e) The national railways;
f) Other property classified as such by the law.
(۲) The law determines what is part of the public domain of the State٫ what is
part of the public domain of the autonomous regions and what is part of the
public domain of the local authorities; it also determines the applicable
rules٫ the conditions involving the utilization of the public domain٫ and the
limits thereof.
Article ۸۵ Nationalization Measures Carried out After ۲۵ April ۱۹۷۴
(۱) The re-privatization of the ownership of٫ or the entitlement to exploit٫
the means of production٫ and other property nationalized after ۲۵ April ۱۹۷۴
are carried out only if in compliance with a framework-law adopted by the
absolute majority of the Members entitled to sit in the Assembly of the
Republic.
(۲) Small and medium-sized businesses indirectly nationalized which are outside
the basic sectors of the economy might be re-privatized in accordance with the
law.
Article ۸۶ Cooperatives and Experiences in Worker Self-Management
(۱) The State stimulates and supports the establishment and activity of
cooperatives.
(۲) Fiscal and financial concessions to cooperatives and more favorable
conditions for borrowing and for obtaining technical assistance are determined
by law.
(۳) The State supports viable experiences in worker self-management.
Article ۸۷ Private Businesses
(۱) The State supervises compliance with the Constitution and the law on the
part of private businesses and protects small and medium-sized economically
viable businesses.
(۲) The State intervenes in the management of private businesses only on a
temporary basis٫ where the law expressly provides to that effect٫ and٫ as a
rule٫ subsequently to a judicial decision.
(۳) The law determines which are the basic sectors wherein the activity of
private businesses and other entities of the same nature is forbidden.
Article ۸۸ Economic Activity and Foreign Investment
Economic activity and investment by foreign natural or artificial persons is
regulated by law٫ to ensure that they contribute to the country”s
development and to safeguard national independence and the interests of the
workers.
Article ۸۹ Abandoned Means of Production
(۱) Abandoned means of production may be expropriated on conditions to be laid
down by law with due regard to the special situation of property of workers who
have emigrated.
(۲) Means of production which are unjustifiedly abandoned may also be
compulsory given out on lease٫ or to a concessionaire٫ under conditions to be
laid down by the law.
Article ۹۰ Workers Participation in Management
Effective participation of workers in the management of the production units of
the public sector has to be safeguarded.
Section II Plans
Article ۹۱ objectttives of the Plans
The objectttives of the plans of economic and social development are to
promote economic growth٫ a balanced development of the sectors and the regions٫
a fair partition of the national product among the individuals and among the
regions٫ coordination of the economic policy with the social٫ educational٫ and
cultural policies٫ the conservation of the ecological balances٫ the safeguard
of the environment٫ and the quality of life of the Portuguese people.
Article ۹۲ Nature of the Plans
The medium-term economic and social development plans as well as the annual
plan – the financial picture of which appears in the Budget of the State and
which contains the main guidelines for the sectorial and the regional plans –
are prepared by the Government in conformity with the latter”s program.
Article ۹۳ Preparation of the Plans
(۱) The Assembly of the Republic has the power to approve the major options
corresponding to each plan and to scrutinise the respective progress reports.
(۲) The bill containing the major options corresponding to each plan has to be
accompanied by a report on the major overall and sectorial options that
includes reasons substantiated by preparatory studies.
Article ۹۴ Implementation of the Plans
The implementation of the plans is decentralized٫ with respect to both the
regions and the sectors٫ without prejudice to coordination by the Government.
Article ۹۵ Economic and Social Council
(۱) The Economic and Social Council is the body for consultation and
concertation in the economic and social
policies field; it participates in the preparation of the economic and
social development plans and exercises the other functions given to it by the
law.
(۲) Membership of the Economic and Social Council is determined by the law;
it does in particular include representatives of the Government٫ of the
organizations representing the workers٫ of the organizations representing the
economic activities٫ of the autonomous regions٫ and of the local authorities.
(۳) The law also defines the way in which the Economic and Social Council is
organized and operates٫ as well as the rights and duties of its members.
Section III Agricultural٫ Commercial٫ and Industrial Policies
Article ۹۶ objectttives of the Agricultural Policy
(۱) The objectttives of the agricultural policy are as follows:
a) To increase agricultural production and productivity whilst equipping
agriculture with adequate infrastructures and human٫ technical٫ and financial
means adequate to ensure that the country is supplied in a better way and that
exports raise;
b) To promote improvement in the economic٫ social٫ and cultural situation of
rural workers and farmers٫ the rationalization of the land-owning structures٫
as well as the access to ownership or possession of the land and other means of
production directly used in its exploitation by those who work it;
c) To createee adequate conditions in order to attain actual equality between
those who work in agriculture and the other workers and in order to avoid that
the agricultural sector be ill-favored in the exchange relations with other
sectors;
d) To ensure that the land and other natural resources are rationally used and
managed٫ as well as to safekeeping their regenerating ability;
e) To encourage the association of farmers and direct exploitation of the land.
(۲) The State promotes a policy for rural planning and for the conversion of
the agricultural use of land٫ in conformity with the ecological and social
circumstances of the country.
Article ۹۷ Abolition of Very Large Estates
(۱) Reshaping the size of farming units whose dimensions are excessive from the
viewpoint of the objectttives of the agricultural policy is provided for by
the law; the latter entitles the owner of expropriated estates to
compensation and to reserve for himself an area that is big enough for him to
exploit it under rational and viable conditions.
(۲) Expropriated land is handed over in accordance with the law٫ either for
ownership or for possession٫ to small farmers٫ preferably family farming units٫
to cooperatives of rural workers or of small farmers٫ or to other forms of
exploitation of the land by workers; these provisions do not affect the
possibility of establishing a probation period for the purpose of judging
whether the exploitation is effective and rational prior to transferring full
property rights.
Article ۹۸ Reshaping the Size of Very Small Farms
Without affecting property rights and in accordance with the law٫ the State
promotes reshaping the size of land exploitation units whose dimensions are
smaller than what is adequate from the viewpoint of the objectttives of the
agricultural policy; it so promotes in particular by way of legal٫ tax٫ and
credit incentives the achievement of the structural integration of units or٫
short of that٫ their economic integration٫ notably cooperative integration٫ or
by way of deparceling out units.
Article ۹۹ Forms of Exploiting Land Belonging to Third Parties
(۱) Rules governing leasing or other forms of exploiting land belonging to
third parties are provided for in the law in such a way as to safeguard the
stability and the legitimate interests of the farmer.
(۲) Censive and colonial systems are prohibited and conditions createeed for
farmers whereby the limited liability system in farming may be effectively
abolished.
Article ۱۰۰ State Aid
(۱) In pursuing the objectttives of the agricultural policy٫ the State٫ as a
matter of priority٫ assists the small and medium-sized farmers٫ notably where
they are part of a family exploitation unit٫ either individually or grouped in
cooperatives٫ as well as the cooperatives of farmers and other forms of
exploitation by workers.
(۲) State aid includes in particular the following:
a) Granting technical assistance;
b) Support from state-owned businesses and from cooperatives engaged in
marketing at stages preceding and following production;
c) Socialization of the risks resulting from unforeseeable or uncontrollable
climatic and phytopathological events;
d) Encouragement for the association of rural workers and farmers٫ in
particular for the setting up of cooperatives for producing٫ buying٫ selling٫
transforming٫ or providing services٫ as well as for other ways of exploitation
by workers.
Article ۱۰۱ Participation in Drawing up the Agricultural Policy
The participation through the organizations that represent them٫ of the rural
workers and the farmers in drawing up the agricultural policy٫ are secured.
Article ۱۰۲ objectttives of Commercial Policy
The objectttives of the commercial policy are as follows:
a) Beneficial competition among those in trade;
b) Rationalization of the distribution chains;
c) Fight against speculative activities and restrictive trade practices;
d) Developing and diversifying the external economic relations;
e) Protecting the consumers.
Article ۱۰۳ objectttives of Industrial Policy
The objectttives of the industrial policy are as follows:
a) Increasing the industrial production against a framework of modernization٫
adjustment of social and economic interests٫ and international integration of
the Portuguese economy;
b) Reinforcement of industrial and technological innovation;
c) Increasing the competition and productivity of industries;
d) Assistance to small and medium-sized businesses and٫ more generally٫ to
initiatives and businesses that createee jobs٫ increase exports or replace
imports;
e) Assistance with a view to giving international prominence to Portuguese
companies.
Section IV Financial and Fiscal System
Article ۱۰۴ Financial System
The structure of the financial system is laid down by law in such a way as to
ensure that savings are encouraged and build up in security٫ and that the
financial resources that are necessary for economic and social development are
placed.
Article ۱۰۵ Bank of Portugal
The Bank of Portugal٫ in its capacity of central bank٫ has exclusive rights to
issue money and cooperates in the
implementation of the monetary and financial policies٫ in accordance with the
Budget act٫ the objectttives set out in the plans٫ as well as the
Government”s directives.
Article ۱۰۶ Fiscal System
(۱) The fiscal system aims at satisfying the financial needs of the State and
other public bodies٫ as well as a fair partition of the incomes and the wealth.
(۲) Taxes are createeed by law٫ which determines the incidence rates٫
concessions٫ and safeguards for taxpayers.
(۳) No one may be compelled to pay taxes which have not been createeed as
provided in the Constitution and whose settlement and collection are not
effected in the forms laid down by law.
Article ۱۰۷ Taxes
(۱) The tax on personal income seeks to reduce inequality. It is a single
progressive tax havinggg regard to family needs and income and tries to limit
incomes to a national maximum fixed by law each year.
(۲) Enterprises are taxed fundamentally on their real income.
(۳) The tax on inheritances and donations are to be progressive٫ so as to make
for equality among citizens.
(۴) Consumer taxes seek to adapt the structure of consumption to the evolution
of the needs of economic development and social justice٫ and the said taxes
shall bear heavily on luxury articles.
Article ۱۰۸ Budget
(۱) The Budget of the State includes: a) The breakdown of the revenues and the
expenditures of the State٫ including the revenues and expenditures of the
autonomous funds and departments:
b) The budget of the social security.
(۲) The Budget is drawn up in accordance with the major options of the annual
plan and takes into account statutory and contractual liabilities.
(۳) The Budget is a single unit and specifies expenditure according to the
applicable organic or functional classification so as to prevent the existence
of secret appropriations and funds; it may also be structured according to
programs.
(۴) The Budget provides for the receipts necessary to cover expenditure; the
rules for its implementation٫ the conditions for raising public loans٫ and the
criteria under which alterations might be introduced by the Government in the
articles classified organic٫ at the time of its implementation٫ with a view to
its full implementation and in the framework of each budgetary program approved
by the Assembly of the Republic٫ are laid down by law.
Article ۱۰۹ Preparation of the Budget
(۱) The Budget act is prepared٫ organized٫ adopted٫ and implemented in
conformity with its respective framework law; the latter also provides for
the rules concerning the preparation and the implementation of the budgets of
the autonomous funds and departments.
(۲) The draft Budget is tabled and submitted to a vote within the time frame
laid down by law; the latter provides for the procedure applicable where
such delays cannot be met.
(۳) The draft Budget is accompanied by reports on:
a) The foreseeable development of the major macroeconomic aggregates that have
a bearing on the Budget٫ as well as of the money supply and its counterparts;
b) The reasons for the differences in the anticipated receipts and expenditures
with respect to the previous Budget;
c) The public debt٫ the treasurer”s transactions٫ and the treasury accounts;
d) The situation with respect to the autonomous funds and departments;
e) The budgetary re-allocations in favor of the autonomous regions;
f) The financial transfers between Portugal and the outside world that have a
bearing on the draft Budget;
g) The fiscal privileges and the corresponding foreseeable loss in receipts.
Article ۱۱۰ Supervision
The implementation of the Budget is supervised by the Court of Audit and the
Assembly of the Republic; upon the opinion of the former٫ the latter
scrutinizes and approves the General Accounts of the State including the social
security accounts.
Part III Organization of Political Power
Section I General Principles
Article ۱۱۱ Source and Exercise of Power
Political power lies with the people and is exercised in accordance with the
Constitution.
Article ۱۱۲ Participation by Citizens in Political Life
Direct and active participation by the citizens in political life is a
condition and fundamental instrument for consolidation of the democratic
system.
Article ۱۱۳ Organs of Supreme Authority
(۱) The organs of supreme authority are the President of the Republic٫ the
Assembly of the Republic٫ the Government٫ and the Courts.
(۲) The formation٫ membership٫ powers٫ and operation of the organs of supreme
authority are governed by the Constitution.
Article ۱۱۴ Separation and Interdependence
(۱) The organs of supreme authority are separate and interdependent as
established by the Constitution.
(۲) No organ of supreme authority٫ organ of an autonomous region٫ or organ of
local government may delegate its powers to other organs except in the cases
and in the conditions expressly laid down in the Constitution and by law.
Article ۱۱۵ Preceptive Acts
(۱) Legislative acts comprise laws٫ decree-laws٫ and regional legislative
decrees.
(۲) Laws and decree-laws have the same force٫ without prejudice to the organic
laws havinggg more force٫ to the decree-laws enacted under legislative
authorization being subordinated to the corresponding laws and to the
decree-laws developing the general principles of legal systems being also
subordinated to the corresponding laws.
(۳) Regional legislative decrees deal with matters of specific interest to the
concerned region that are not under the exclusive competence of the Assembly of
the Republic or the Government; they may not go against the general laws of
the Republic save the provisions of Article ۲۲۹ (۱)(b).
(۴) The general laws of the Republic comprise laws and decree-laws whose reason
for being involves their application without reservation to the whole national
territory.
(۵) No law may createee other categories of legislative acts or grant acts of
any other nature the power of interpreting٫ integrating٫ altering٫ suspending٫
or revoking any of their precepts with external efficacy.
(۶) Government regulations take the forms of regulative decrees when this is
determined by the law they regulate and in the case
of independent regulations.
(۷) The regulations expressly indicate the laws they are meant to regulate or
which define the subjective and objectttive competence for their issue.
Article ۱۱۶ General Principles of Electoral Law
(۱) Direct٫ secret٫ and regular elections are the general rule in appointing
the members of the elected organs of supreme authority٫ the autonomous regions٫
and local government.
(۲) Registration of electors is compulsory and permanent and does not serve any
other purpose. There is a single registration system for all elections by
direct universal suffrage.
(۳) Election campaigns must observe the following principles:
a) Freedom of propaganda;
b) Equality of opportunity and treatment for the various candidates;
c) Impartiality towards candidates on the part of public bodies;
d) Supervision of vote-counting.
(۴) Citizens have the duty to collaborate with the elections administration in
the forms laid down by law;
(۵) Votes cast are converted into effective suffrage in accordance with the
principle of proportional representation.
(۶) Acts dissolving corporate organs based on direct suffrage set the date of
the new elections٫ to be held in the following ninety days and in accordance
with the electoral law in force at the time of dissolution٫ otherwise the said
acts are legally null and void.
(۷) The courts are competent to judge the regularity and validity of acts of
electoral procedure.
Article ۱۱۷ Political Parties and Right of Opposition
(۱) Political parties participate in the organs based on direct universal
suffrage in accordance with their electoral representation.
(۲) Minorities have the right of democratic opposition on conditions laid down
in the Constitution.
(۳) The political parties represented in the Assembly of the Republic and not
in Government٫ in particular have the right to be informed regularly and
directly by the Government on the progress of the main matters of public
interest; the political parties represented in any other assemblies that are
designated through direct elections and not represented in the corresponding
execccutive organ enjoy the same right with respect to the latter.
Article ۱۱۸ Referendum
(۱) Where the Constitution and the law so provides and in conformity with such
provisions٫ subsequently to a proposal by the Assembly of the Republic or the
Government٫ upon decision of the President of the Republic٫ the voting citizens
enrolled on the national territory may be called upon to express themselves
directly and on a mandatory basis.
(۲) The subjects of the referendum are only matters of relevant national
interest such that the powers to decide them belong to the Assembly of the
Republic or the Government by way of approval of an international convention or
a legislative act.
(۳) The amendments to the Constitution٫ the matters provided for in Articles
۱۶۴ and ۱۶۷٫ as well as the questions and acts of a budgetary٫ fiscal٫ or
financial nature٫ cannot be the subject of a referendum.
(۴) Each referendum deals with one single matter; the questions are
formulated objectttively٫ clearly٫ precisely٫ and in such terms as to require
a yes or no answer; the maximum number of questions as well as the other
requirements concerning the formulation and the carrying out of the referenda
are laid down
by law.
(۵) Referenda are not called or carried out between the dates when general
elections for the organs of supreme authority٫ for the organs of
self-government of the autonomous regions and the local powers٫ as well as for
the European Parliament٫ are respectively called and carried out.
(۶) The President of the Republic submits the proposals for a referendum
forwarded to him or her by the Assembly of the Republic or the Government٫ for
preventive mandatory scrutiny of their conformity with the Constitution and the
law.
(۷) The provisions of Article ۱۱۶ (۱)٫ (۲)٫ (۳)٫ (۴)٫ and (۷) apply to the
referenda mutatis mutandis.
(۸) The proposals for a referendum that are refused by the President of the
Republic or the electoral body is not renewable during the same session of the
Assembly٫ unless there is a new election for the Assembly of the Republic or
the Government resigns.
Article ۱۱۹ Corporate Organs
(۱) Meetings of the assemblies that act as organs of supreme authority٫ organs
of the autonomous regions٫ or organs of local government are public٫ except in
cases provided for by law.
(۲) Decisions by corporate organs are taken when a majority of the statutory
number of members is present.
(۳) Except in cases set forth in the Constitution٫ the law٫ and their own
rules٫ decisions by corporate organs are taken by simple majority without
counting abstentions.
Article ۱۲۰ Status of Holders of Political Office
(۱) Holders of political office are politically٫ civilly٫ and criminally
responsible for their acts and omissions in the exercise of their functions.
(۲) The law specifies the duties٫ responsibilities٫ rights٫ privileges٫ and
immunities of holders of political office٫ as well as the cases where holding
political office is incompatible with holding certain functions or pursuing
certain activities.
(۳) The law specifies the offences for which holders of political office are
liable as well as the applicable sanctions and their effects; the latter may
include dismissal and forfeiture of the mandate.
Article ۱۲۱ Principle of Renewal
No one may hold any national٫ regional٫ or local political office for life.
Article ۱۲۲ Publication of Decision
(۱) The following are published in the official journal٫ the ”Diario da
Republica”: a) Constitutional laws;
b) International conventions٫ notification of ratifications thereof٫ and other
notifications concerning them;
c) Laws٫ decree-laws٫ and regional legislative decrees;
d) Decrees of the President of the Republic;
e) Resolutions of the Assembly of the Republic٫ and the Regional Assemblies of
the Azores and Madeira;
f) Rules of procedure of the Assembly of the Republic٫ the Council of State٫
and the Regional Assemblies of the Azores and Madeira;
g) Rulings of the Constitutional Court and rulings of other courts which are
made binding to all by law;
h) Regulative decrees and other decrees and regulations of the Government٫
decrees of the Ministers of the Republic for the autonomous regions and
regional regulative decrees;
i) Results of nation-wide elections and referenda.
(۲) Failure to publish the acts mentioned in the previous paragraph or any act
of a general nature of the organs of
sovereignty٫ the autonomous regions or the local authorities٫ make them null
and void.
(۳) Forms of publication for other acts٫ and the consequences of failure to do
so٫ are determined by law.
Section II President of the Republic
Chapter I Status and Election
Article ۱۲۳ Definition
The President of the Republic represents the Portuguese Republic٫ guarantees
national independence٫ the unity of the State٫ and the regular functioning of
the democratic institutions٫ and is ex officio Commander-in-Chief of the Armed
Forces.
Article ۱۲۴ Election
(۱) The President of the Republic is elected by direct and secret universal
suffrage by the Portuguese citizens who are registered as voters on the
national territory.
(۲) The right to vote is exercised in person on the national territory.
Article ۱۲۵ Eligibility for Election
Citizens entitled to vote who are Portuguese by origin and more than ۳۵ years
of age are eligible for election.
Article ۱۲۶ Re-Election
(۱) No one can be re-elected for a third consecutive term of office or during
the five years immediately following the end of the second consecutive term of
office.
(۲) Should the President of the Republic resign his office٫ he cannot stand as
a candidate in the election immediately following nor in those held in the five
year period immediately subsequent to his resignation.
Article ۱۲۷ Nominations
(۱) Nominations for the office of President of the Republic are sponsored by no
less than ۷٫۵۰۰ and no more than ۱۵٫۰۰۰ citizens entitled to vote.
(۲) Nominations are submitted to the Constitutional Court at least thirty days
before the date fixed for the election.
(۳) Should a candidate die or should anything happen that incapacitates a
candidate to perform the duties of President of the Republic٫ the election
procedure are re-opened in accordance with conditions to be laid down by law.
Article ۱۲۸ Date of Election
(۱) The President of the Republic is elected during the period of time that
runs between the sixtieth and the thirtieth days before the last day of his
predecessor”s term of office٫ or between the sixtieth and the ninetieth days
following the day in which the office falls vacant.
(۲) The election may not be held within the period of ninety days that precede
or follow the date of elections to the Assembly of the Republic.
(۳) Where the circumstances mentioned in the preceding paragraph arise٫ the
election must be held during the period of time that runs between the ninetieth
and the hundredth days that follow the date of the elections for the Assembly
of the Republic; the outgoing President”s term of office then is
automatically extended for the necessary period of time.
(۴) The date of the first in time of the two possible elections is fixed in
such a way as to allow both elections to be held within the periods of time
mentioned in Paragraphs (۱) and (۳).
Article ۱۲۹ Election System
(۱) A candidate who obtains more than half the votes validly cast is elected
President of the Republic. Blank ballots are not considered as havinggg been
validly cast.
(۲) If none of the candidates obtains that number of votes٫ there is a second
ballot in the twenty-first day following the date of the first ballot.
(۳) Only the two candidates who have obtained most votes and who have not
withdrawn stand for election in the second ballot.
Article ۱۳۰ Induction and Swearing-In
(۱) The President elect is inducted before the Assembly of the Republic.
(۲) The induction takes place on the last day of the term of office of the
outgoing President or٫ in the case of elections after the office has fallen
vacant٫ on the eighth day following publication of the election result.
(۳) During his induction the President of the Republic takes the following
oath:
“I swear on my honor to perform faithfully the office with which I am invested
and to defend٫ fulfil٫ and cause to be fulfilled the Constitution of the
Portuguese Republic.”
Article ۱۳۱ Term of Office
(۱) The President of the Republic holds office for five years. His term of
office ends when the newly elected President is inducted.
(۲) If the office falls vacant٫ the President of the Republic subsequently
elected begins a new term of office.
Article ۱۳۲ Absence From the National Territory
(۱) The President of the Republic may not absent himself from the national
territory without the consent of the Assembly of the Republic or of its
Standing Committee٫ should the former not be in session.
(۲) Consent is not necessary if the President of the Republic is in transit or
on an unofficial journey of not more than five days٫ although the Assembly of
the Republic shall be previously informed of these occurrences.
(۳) Failure to comply with Paragraph (۱) automatically results in forfeiture of
office.
Article ۱۳۳ Criminal Liability
(۱) The President of the Republic is answerable before the Supreme Court of
Justice for offences committed in the performance of his duties.
(۲) It shall be the duty of the Assembly of the Republic to initiate
proceedings at the proposal of one fifth and by a decision of two thirds of its
members entitled to vote.
(۳) Conviction results in dismissal from office and excludes re-election.
(۴) The President of the Republic is answerable to the common courts after the
end of his term of office for offences not committed in the performance of his
duties.
Article ۱۳۴ Resignation
(۱) The President of the Republic may resign from office by message addressed
to the Assembly of the Republic.
(۲) Such resignation takes effect when the message is made known to the
Assembly of the Republic٫ without prejudice to its later publication in the
Diano da Republica.
Article ۱۳۵ Acting President
(۱) During temporary inabilities to act of the President of the Republic and
during vacancies in the office before the induction of the newly elected
President٫ the presidential functions are performed by the President of the
Assembly of the Republic or٫
should he be unable to do so٫ by his substitute.
(۲) While acting as President of the Republic٫ the mandates of the President of
the Assembly of the Republic or his substitute are automatically suspended.
Chapter II Powers
Article ۱۳۶ Powers With Regard to Other Organs
Where other organs are concerned٫ the President of the Republic has the
following powers:
a) To preside over the Council of State;
b) To fix the dates of the elections of the President of the Republic٫ for the
Assembly of the Republic٫ for the European Parliament٫ and for the Regional
Assemblies٫ in conformity with the electoral law;
c) To convene extraordinary sessions of the Assembly of the Republic;
d) To address messages to the Assembly of the Republic; e) To dissolve the
Assembly of the Republic in compliance with the provisions of Article ۱۷۵ and
after havinggg heard the parties represented in the Assembly and the Council
of State; f) To appoint the Prime Minister in accordance with Article ۱۹۰
(۱); g) To dismiss the Government in accordance with Article ۱۹۸ (۲) and
relieve the Prime Minister of his or her post in accordance with Article ۱۸۹
(۴); h) To appoint members of the Government and relieve them of their posts
at the proposal of the Prime Minister;
i) To preside over the Council of Ministers when the Prime Minister so
requests;
j) To dissolve the organs of self-government of the autonomous regions٫ on his
own initiative or at the proposal of the Government٫ after havinggg heard the
Assembly of the Republic and the Council of State;
l) To appoint and relieve of their posts the Ministers for the Republic for the
autonomous regions٫ at the proposal of the Government and after havinggg heard
the Council of State;
m) To appoint and relieve of their posts٫ at the proposal of the Government٫
the president of the Court of Audit and the Attorney-General;
n) To appoint five of the members of the Council of State and two of the
members of the Higher Council of the Bench;
o) To preside over the Higher Council of National Defence;
p) To appoint and relieve of their posts٫ at the proposal of the Government٫
the Chief of the General Staff of the Armed Forces٫ the Deputy Chief of Staff
of the Armed Forces٫ if any٫ and the Chiefs of Staff of the three services of
the Armed Forces٫ after havinggg heard٫ in the two latter cases٫ the Chief of
the General Staff of the Armed Forces.
Article ۱۳۷ Powers With Regard to Office
The President of the Republic has the following powers:
a) To act as Supreme Commander of the Armed Forces;
b) To promulgate and order publication of laws٫ decree-laws٫ and regulative
decrees as well as to sign the resolutions of the Assembly of the Republic that
approve international agreements and other decrees of the Government; c) To
submit matters of relevant national interests to a referendum٫ in accordance
with the provisions of Article ۱۱۸; d) To declare a state of siege or a
state of emergency٫ in conformity with the provisions of Articles ۱۹ and ۱۴۱;
e) To speak out on all serious emergencies in the life of the Republic;
f) To grant pardons and commute sentences٫ after havinggg heard the
Government;
g) To request the Constitutional Court to examine preventively whether the
provisions of laws٫ decree-laws٫ and international conventions are in
conformity with the Constitution;
h) To request the Constitutional Court to rule that given legal provisions are
contrary to the Constitution or that the Constitution was violated by way of
omission;
i) To perform acts concerning the territory of Macao as laid down in the
statute pertaining to the latter;
j) To award decorations in accordance with the law and to act as
grand-masterrr of the Portuguese honorary orders.
Article ۱۳۸ Powers in International Relations
The President of the Republic is competent in international relations to:
a) Appoint ambassadors and envoys extraordinary at the proposal of the
Government٫ and accept the credentials of foreign diplomatic representatives;
b) Ratify international treaties once they have been duly approved;
c) Declare war in the case of actual or Imminent aggression and make peace٫ at
the proposal of the Government٫ after hearing the Council of State and
havinggg obtained the authorization of the Assembly of the Republic or٫ when
the latter is not in session and it is impossible to call it into session at
once٫ of its Standing Committee.
Article ۱۳۹ Promulgation and Veto
(۱) Within twenty days of havinggg received any decree of the Assembly of the
Republic for the purpose of promulgation as a law٫ or of the date of
publication of a ruling of the Constitutional Court to the effect that none of
the provisions of the decree under consideration violate the Constitution٫ the
President of the Republic either promulgates it or exercises his or her right
of veto; exercise of the latter is by way of a substantiated message
requesting re-examination of the text.
(۲) If the Assembly of the Republic confirms its vote by an absolute majority
of its members entitled to vote٫ the President of the Republic has to
promulgate the instrument within eight days of its receipt.
(۳) A two thirds” majority of the Members present٫ where that majority is
larger than the absolute majority of the Members entitled to vote٫ nevertheless
is required in order to confirm decrees that take the form of an organic law as
well as decrees concerning the following matters:
a) External relations;
b) Borders between the public٫ the private and the cooperative and social
sectors pertaining to the property of the means of production;
c) Regulations on the elections for the European Parliament or on any other
electoral acts provided for in the Constitution.
(۴) Within forty days of havinggg received any decree of the Government for
the purpose of promulgation or of the date of publication of a ruling of the
Constitutional Court to the effect that none of the provisions of the decree
under consideration violate the Constitution٫ the President of the Republic
either promulgates it or exercises his or her right of veto; exercise of the
latter is by way of written communication addressed to the Government and
containing the reasons for the veto.
(۵) The President of the Republic also exercises his right to veto under the
conditions laid down in Articles ۲۷۸ and ۲۷۹.
Article ۱۴۰ Failure to Promulgate or Sign
The failure of the President of the Republic to sign any of the measures
mentioned in Article ۱۳۷ (b) makes them null and void.
Article ۱۴۱ Declaration of a State of Siege or Emergency
(۱) A state of siege or emergency may not be declared without previously
consulting the Government and obtained authorization from the Assembly of the
Republic or٫ when the latter is not in session and it is impossible to call it
into session at once٫ from its Standing Committee.
(۲) When authorized by the Standing Committee of the Assembly of the Republic٫
the declaration of a state of siege or emergency has to be ratified by the
plenum as soon as it is possible for the latter to meet.
Article ۱۴۲ Powers of the President of the Republic ad interim
(۱) The President of the Republic ad interim does not have the powers to
perform any of the acts provided for in Articles ۱۳۶ (e) and (n) and ۱۳۷ (c).
(۲) The President of the Republic ad interim can perform any of the acts
provided for in Articles ۱۳۶ (b)٫ (c)٫ (t)٫ (m)٫ and (p)٫ ۱۳۷ (a)٫ and ۱۳۸ (a)
only after havinggg heard the Council of State.
Article ۱۴۳ Ministerial Counter-Signature
(۱) Acts of the President of the Republic performed under the provisions of
Articles ۱۳۶ (h)٫ (j)٫ (l)٫ (m)٫ and (o)٫ ۱۳۷ (b)٫ (d) and (f)٫ and ۱۳۸ (a)٫
(b) and (c) must be countersigned by the Government.
(۲) Absence of counter-signature makes the act null and void.
Chapter III Council of State
Article ۱۴۴ Definition
The Council of State is the political advisory body of the President of the
Republic.
Article ۱۴۵ Membership
The Council of State is presided over by the President of the Republic and
comprises the following members:
a) The President of the Assembly of the Republic;
b) The Prime Minister;
c) The President of the Constitutional Court;
d) The Ombudsman;
e) The Chairmen of the regional governments;
f) The former presidents of the Republic elected under the Constitution and who
were not removed from office;
g) Five citizens appointed by the President of the Republic for the period
corresponding to his term of office;
h) Five citizens elected by the Assembly of the Republic in accordance with the
principle of proportional representation for the period corresponding to the
duration of the legislative period.
Article ۱۴۶ Induction and Term of Office
(۱) The members of the Council of State are inducted by the President of the
Republic.
(۲) The Members of the Council of State mentioned in Article ۱۴۵ (a) to (e)
perform their duties as long as they hold the respective offices.
(۳) The members of the Council of State mentioned in Article ۱۴۵ (g) and (h)
continue to perform their duties until the induction of those replacing them in
the respective offices.
Article ۱۴۷ Organization and Functioning
(۱) It is the duty of the Council of State to draw up its own rules of
procedure.
(۲) The meetings of the Council of State are not public.
Article ۱۴۸ Powers
The Council of State has the powers to:
a) State its opinion on the dissolution of the Assembly of the Republic and the
organs of self-government of the autonomous regions; b) State its opinion on
the dismissal of the Government under the circumstances mentioned in Article
۱۹۸ (۲); c) State its opinion on the appointment and dismissal of the
Ministers for the Republic for the autonomous regions;
d) State its opinion on declaration of war or the making of peace; e) State
its opinion on the acts of the President of the Republic ad interim mentioned
in Article ۱۴۲; f) State its opinion on all other cases provided for in the
Constitution and٫ in general٫ advise the President of the Republic on the
exercise of his or her functions upon request of the latter.
Article ۱۴۹ Giving of Opinions
The opinions of the Council of State mentioned in Article ۱۴۸ (a) to (e) are to
be given at the meeting called for the purpose by the President of the Republic
and made public at the time the acts they refer to are performed.
Section III Assembly of the Republic
Chapter I Status and Election
Article ۱۵۰ Definition
The Assembly of the Republic is the representative assembly of all Portuguese
citizens.
Article ۱۵۱ Number of Members
The Assembly of the Republic has at least ۲۳۰ and at most ۲۳۵ Members٫ in
conformity with the electoral law.
Article ۱۵۲ Constituencies
(۱) Members are elected by constituencies; the law lays down the
geographical limits of the latter; it may provide for a single nation-wide
constituency.
(۲) The number of Members apportioned to each constituency are proportional to
the number of voters enrolled in the electoral register of that constituency٫
save where a nation-wide constituency is provided for.
(۳) Members represent the whole country٫ not the constituencies for which they
were elected.
Article ۱۵۳ Conditions for Standing for Election
Portuguese citizens entitled to vote may stand for election٫ subject to the
restrictions to be laid down by electoral law with regard to incompatible local
functions or the holding of certain offices.
Article ۱۵۴ Nominations
(۱) Nominations are presented as provided by law٫ by the political parties
either separately or in combination. The lists may include citizens who are not
members of the parties concerned.
(۲) No one may stand for more than one electoral district or have his name in
more than one list.
Article ۱۵۵ System of Election
(۱) Members of the Assembly are elected by the system of proportional
representation according to the Hondt highest average method.
(۲) The conversion of votes cast into effective suffrages is not limited by law
through any requirements as to a minimum
national percentage of the votes.
Article ۱۵۶ Beginning and End of Term of Office
(۱) The term of office of members starts with the first meeting of the Assembly
of the Republic after an election and ends with the first meeting after the
subsequent election٫ without prejudice to the suspension or individual
cessation of mandates.
(۲) The filling of Assembly seats that fall vacant and the temporary
replacement of members٫ where good cause exists for doing so٫ is regulated by
electoral law.
Article ۱۵۷ Cases of Incompatibility
(۱) A member of the Assembly who is appointed a member of the Government may
not exercise his mandate while the said appointment is in force. His place is
temporarily filled as provided in the foregoing article.
(۲) The law determines other cases of incompatibility.
Article ۱۵۸ Performance of Members” Duties
(۱) Members are secured suitable conditions for performing efficiently their
duties٫ in particular for the indispensable contact with voters.
(۲) The circumstances under which the absence of Members from official acts or
activities unconnected with the Assembly٫ because of meetings of the Assembly
or missions on its behalf٫ constitute a valid reason for the adjournment of
such acts or activities٫ are laid down by law.
(۳) Public entities have the duty٫ in accordance with the law٫ to cooperate
with Members where the latter perform their duties.
Article ۱۵۹ Prerogatives of Members
Members have the following prerogatives:
a) To table proposals for constitutional amendments;
b) To table private members bills٫ motions for resolutions٫ and draft
decisions;
c) To put questions to the Government concerning any of the latter”s acts or
any act of the Public Administration and to receive answer within a reasonable
delay٫ without prejudice to what the law lays down on the subject of State
secrecy;
d) To request and to obtain٫ from the Government or from the organs of any
public body٫ such data٫ information٫ and publications as they may consider
useful for the fulfillment of their mandates;
e) To request the setting up of parliamentary committees of enquiry;
f) Such prerogatives as are written down in the Rules of Proced###ure of the
Assembly.
Article ۱۶۰ Immunities
(۱) Members of the Assembly have no civil٫ criminal٫ or disciplinary liability
for the votes they cast and the opinions they express in the performance of
their duties.
(۲) Members may not be detained or arrested without the Assembly”s consent٫
except when taken in flagrante delicto for an offence punishable with a prison
sentence of over three years.
(۳) Where criminal proceedings are taken against a Member and the latter is
formally charrrged or indicted٫ the Assembly decides whether or not he or she
is suspended for the purpose of allowing the proceedings to carry on٫ except
where the offence at stake is punishable with the sentence mentioned in the
preceding paragraph.
Article ۱۶۱ Rights and Privileges
(۱) Members of the Assembly may not٫ without the Assembly”s authorization٫
act as jurymen٫ experts٫ or witnesses while the
Assembly is in session.
(۲) Members of the Assembly enjoy the following rights and privileges:
a) Deferment of military service٫ civic service٫ or civil defence service;
b) Free passage and the right to a special passport for their official journeys
abroad;
c) A special identity card;
d) Allowances as laid down by law.
Article ۱۶۲ Duties
Members of the Assembly shall have the following duties:
a) To attend plenary sittings of the Assembly and meetings of those committees
to which they belong;
b) To discharrrge their responsibilities in the Assembly and perform the
functions to which they are appointed on proposals by their respective
parliamentary groups;
c) To take part in votes.
Article ۱۶۳ Forfeiture and Renunciation of Mandates
(۱) A member of the Assembly forfeits his mandate if he:
a) Becomes subject to any of the disabilities or incompatibilities provided by
law;
b) Fails to take his seat in the Assembly or exceeds the number of absences
provided for in the Rules of Procedure;
c) Joins a party other than one that presented him for election;
d) Is convicted by a court of participation in any organization with a fascist
ideology.
(۲) A member of the Assembly may renounce his mandate by written declaration.
Chapter II Powers
Article ۱۶۴ Political and Legislative Powers
The Assembly of the Republic shall have the following powers: a) To adopt
amendments to the Constitution٫ in conformity with the provisions of Articles
۲۸۴ and ۲۸۹; b) To approve the political and administrative statutes of the
autonomous regions;
c) To approve the statute of the territory of Macao;
d) To enact legislation on any subject except for those that the Constitution
reserves to the Government;
e) To authorize the Government to enact legislation; f) To authorize the
regional legislative assemblies as provided in Article ۲۲۹ (b); g) To grant
amnesties and general pardons;
h) To adopt the laws concerning the major options for the plans and the Budget
of the State;
i) To authorize the Government to raise and grant loans and engage in other
credit obtaining operations not involving the floating debt٫ to lay down the
general conditions thereof and to fix the maximum level of consolidated
security afforded each year by the Government for credit to the benefit of
third parties;
j) To approve international conventions on matters falling within its exclusive
legislative powers٫ treaties involving Portugal”s participation in
international organizations٫ treaties of friendship٫ peace treaties٫ defence
treaties٫ treaties rectifying frontiers٫ treaties concerning military matters٫
and any other treaties which the Government submits to it;
k) To propose to the President of the Republic to submit any question of
relevant national interest to a referendum; l) {…} m) To authorize the
declaration of a state of siege or the declaration of a state of emergency and
to confirm any such declaration;
n) To authorize the President of the Republic to declare war and make peace;
o) To carry out other duties entrusted to it by the Constitution and the law.
Article ۱۶۵ Supervisory Powers
The Assembly of the Republic has the following supervisory powers:
a) To watch over observance of the Constitution and the laws and to scrutinise
the acts of the Government and the Administration;
b) To scrutinise the implementation of declarations of a state of siege or
emergency; c) To scrutinise the decree-laws٫ except those issued in the
exercise of the Government”s exclusive legislative powers٫ and the regional
legislative decrees provided for in Article ۲۲۹ (۱)(b)٫ for the purpose of
refusal of ratification or amendment; d) To receive the accounts of the
State and other public bodies indicated in the law; they shall be submitted
not later than ۳۱ December of the subsequent year٫ accompanied by the Court of
Audit”s report٫ if prepared٫ and any other information necessary for their
being scrutinised;
e) To scrutinise the annual progress report and the final implementation report
concerning the plans.
Article ۱۶۶ Powers With Respect to Other Organs
With respect to other organs٫ the Assembly of the Republic has the following
powers:
a) To witness the introduction of the President of the Republic;
b) To consent to the absence of the President of the Republic from the national
territory; c) To bring proceedings against the President of the Republic for
offences committed in the performance of the latter”s duties and to decide
on the suspension of members of the Government where the circumstances
mentioned in Article ۱۹۹ occur; d) To examine the program of the Government;
e) To pass motions of confidence in and censure of the Government;
f) To give an opinion on the dissolution of the organs of self-government of
the autonomous regions;
g) To elect according to the system of proportional representation five members
of the Council of State٫ five members of the High Authority for the Mass Media٫
as well as the members of the Higher Council of the Public Prosecution that it
is empowered to appoint;
h) To elect by a two-thirds majority of the Members present where that majority
is larger than the absolute majority of the Members entitled to vote٫ ten
judges of the Constitutional Court٫ the Ombudsman٫ the president of the
Economic and Social Council٫ seven members of the Higher Council of the Bench٫
as well as the members of other constitutional organs that it is empowered to
appoint.
Article ۱۶۷ Exclusive Legislative Powers
The Assembly of the Republic has exclusive legislative powers with respect to
the following matters: a) Election of persons to hold office in the organs of
supreme authority;
b) Referendum;
c) Organization٫ functioning٫ and procedures of the Constitutional Court;
d) Organization of the national defence٫ determination of the duties to which
it gives rise٫ as well as general foundations of the organization٫ functioning٫
and discipline of the Armed Forces;
e) State of siege and state of emergency;
f) Acquisition٫ loss٫ and re-acquisition of Portuguese citizenship;
g) Determination of the limits of territorial waters٫ of the exclusive economic
zone٫ and of the rights of Portugal to the adjacent sea beds;
h) Political parties and associations;
i) Foundations of the educational system;
j) Election of members of the organs of self-government of the autonomous
regions and of the local authorities٫ as well as of the other constitutional
organs and organs elected by way of direct and universal elections;
l) Status of members of the organs of supreme authority and of local
authorities٫ as well as of the other constitutional organs and organs elected
by way of direct and universal elections; m) Giving military courts
jurisdiction over deliberate offences that may be considered to amount to
essentially military offences in accordance with the provisions of Article ۲۱۵
(۲); n) Setting up٫ abolishing٫ and changing the territorial limits of local
authorities;
o) Direct consultation of the electorate at local level;
p) Restriction on the exercise of rights by the permanent cadre of the military
and the militarized personnel on active service.
Article ۱۶۸ Relatively Reserved Legislative Powers
(۱) The Assembly of the Republic has exclusive legislative powers with respect
to the following matters٫ save where the Government has been authorized to the
same effect:
a) The status and capacity of persons;
b) Rights٫ freedoms٫ and safeguards;
c) Definition of offences٫ sanctions٫ security measures and their grounds٫ as
well as criminal procedure;
d) General system governing the punishment of disciplinary offences and
regulatory offences٫ as well as the procedure applicable;
e) Rules governing requisition and expropriation for public purposes;
f) Foundations of the social security system and the national health service;
g) Foundation of the system for protection of the nature٫ the ecological
balance٫ and the cultural heritage;
h) Rules governing the lease of rural and urban property;
i) Tax creation and the fiscal system;
j) Determination of sectors with respect to the ownership of the means of
production٫ including the basic sectors in which private businesses and other
entities alike shall not operate;
l) Ways and means of intervention with expropriation٫ nationalization٫ and
privatization of the means of production and land for public purposes٫ as well
as the criteria for determining compensation in such cases;
m) Planning system and membership of the Economic and Social Council;
n) Foundations of the agricultural policy٫ including the determination of the
higher and lower limits for the size of the private farms;
o) Monetary system and the standards for weights and measures;
p) Rules governing the preparation and organization of the budgets of the
State٫ the autonomous regions and the local authorities:
q) Organization and powers of the courts٫ the Public Prosecutors and the
non-jurisdictional conflict solving entities٫ as well as status of judges and
prosecutors;
r) Rules governing intelligence services and State secrecy;
s) Rules governing the local authorities٫ including their
finances;
t) Participation of neighborhood organizations in the exercise of local power;
u) Public associations٫ individual safeguards against the Administration٫ and
civil liability of the Administration;
v) Foundations of the rules governing the civil service and sphere of the
latter;
x) Foundation of the rules governing state-owned enterprises;
z) Determination of and rules governing property in the public domain;
aa) Rules concerning the means of production that are part of the co-operative
and social property sector.
(۲) The laws granting authorization to legislate determine the subject٫ the
guiding line٫ and the scope of the authorization٫ as well as its duration;
the latter may be extended.
(۳) Authorizations to legislate may not be used more than once٫ but may be used
in stages.
(۴) Authorizations lapse when the Government to which they were granted ceases
to hold office٫ when the legislative period ends or when the Assembly is
dissolved.
(۵) The provisions of this Article apply to the authorizations granted to the
Government within the Budget act; authorizations concerning fiscal matters
do not lapse until the end of the financial year to which they refer.
Article ۱۶۹ Form of the Acts
(۱) The acts provided for in Article ۱۶۴ (a) take the form of constitutional
laws.
(۲) The acts provided for in Article ۱۶۷ (a) to (e) take the form of organic
laws.
(۳) The acts provided for in Article ۱۶۴ (b) to (i) and (m) take the form of
laws.
(۴) The acts provided for in Article ۱۶۶ (d) and (e) take the form of motions.
(۵) The other acts of the Assembly of the Republic٫ as well as the acts of the
Standing Committee that are provided for in Article ۱۸۲ (۳) (e) and (f) take
the form of resolutions.
(۶) Resolutions are published irrespective of promulgation.
Article ۱۷۰ Legislative and Referendum Initiative
(۱) Power to initiate legislation and to propose referenda lies with the
Members٫ the parliamentary groups and the Government; with respect to the
autonomous regions٫ power to initiate legislation lies with their respective
regional legislative assemblies.
(۲) The Members٫ the parliamentary groups٫ and the regional legislative
assemblies may not table bills or move amendments involving in the financial
year running any increase in State expenditure٫ or any reduction in State
revenue٫ allowed in the Budget.
(۳) The Members and the parliamentary groups may not propose referenda
involving in the financial year running any increase in State expenditure٫ or
any reduction in State revenue٫ allowed in the Budget.
(۴) Bills and proposals for referenda٫ once rejected in a final way٫ cannot be
reintroduced during the same legislative session٫ save where a new Assembly is
elected.
(۵) Bills and proposals for referenda not submitted to a vote during the
legislative session in which they were tabled٫ need not be reintroduced during
the following legislative session٫ save where the legislative period comes to
an end.
(۶) Bills tabled by the Government and Government proposals for referenda lapse
with the resignation of the latter.
(۷) Bills presented by the regional legislative assemblies lapse when their
respective legislative periods come to an end; where٫ however٫ they had
already at that time passed the first reading٫
they do not lapse before the end of the legislative period of the Assembly of
the Republic.
(۸) The parliamentary committees are entitled to submit alternative texts٫
without prejudice to the unwithdrawn original bills or proposals for referendum
to which the former refer.
Article ۱۷۱ Discussion and Voting
(۱) Discussion of bills include two readings.
(۲) Voting includes voting on first reading٫ voting on second reading٫ and a
final٫ global vote.
(۳) Where the Assembly so decides٫ the texts approved on first reading is
submitted to the committees for a vote on second reading٫ without prejudice to
avocation by the Assembly and to the latter”s final vote for global
approval.
(۴) The bills on matters provided for in Articles ۱۶۷ (a) to (f)٫ (h)٫ (n) and
(o) and ۱۶۸ (۱)(s) are voted on second reading by the plenary meeting of the
Assembly.
(۵) The organic laws can be approved in the final and global vote only by the
absolute majority of the Members entitled to vote.
(۶) The provisions governing in laws the matters mentioned in Articles ۱۵۲ (۱)
and (۲) and ۱۶۷ (o) can be approved only by a two-thirds majority of the
Members present where that majority is larger than the absolute majority of the
Members entitled to vote.
Article ۱۷۲ Ratification of Decree-Laws
(۱) At the request of ten Members٫ decree-laws that were not approved in the
exercise of the Government”s exclusive legislative powers٫ are submitted to
one of the first ten plenary meetings of the Assembly of the Republic following
their publication٫ for the purpose of introducing amendments or refusing
ratification.
(۲) Once requested the discussion of a decree-law that was prepared in the
exercise of legislative authorization٫ where proposals for amendment are
tabled٫ the Assembiy is entitled to stay its execccution٫ wholly or partly٫
until publication of the law that will change it or until the proposals
above-mentioned are rejected.
(۳) The stay of execccution lapses as soon as the Assembly has held ten
plenary meetings without havinggg taken a final decision on the ratification.
(۴) Where ratification is refused٫ the decree-law ceases to be in force as from
the date of the publication of the resolution in the Diario da Republica; it
is not published again in the course of the same legislative session.
(۵) Once requested٫ the discussion of a decree-law٫ if the Assembly has not
taken a decision thereupon or٫ havinggg decided to introduce amendments٫ has
not voted a law to that effect٫ before the end of the on-going legislative
session and after havinggg held fifteen plenary meetings٫ the ratification
procedure lapses.
Article ۱۷۳ Urgency Procedure
(۱) At the request of any Member٫ parliamentary group٫ or the Government٫ the
Assembly of the Republic is entitled to give urgency to the procedure for
passing any bill or motion for a resolution.
(۲) At the request of the regional legislative assemblies of the Azores and
Madeira٫ the Assembly is also entitled to give urgency to the procedure for
passing any bill submitted by any of the latter.
Chapter III Organization and Working
Article ۱۷۴ Legislative Period
(۱) Each legislative period has at last four legislative sessions.
(۲) In the case of dissolution٫ the Assembly then elected starts a new
legislative period٫ the length of which initially is increased by the time
needed to complete the legislative session under way at the date of the
election.
Article ۱۷۵ Dissolution
(۱) The Assembly of the Republic cannot be dissolved in the six months
subsequent to its election٫ during the last half year of the term of office of
the President of the Republic٫ or during a state of siege or emergency.
(۲) In case of failure to observe the foregoing paragraph٫ the decree of
dissolution is null and void.
(۳) The dissolution of the Assembly does not affect the mandates of its members
or the powers of the Standing Committee until the first sitting of the Assembly
after subsequent election.
Article ۱۷۶ Sitting Following Election
(۱) The Assembly of the Republic meets as a matter of law on the third day
after the final results of the election are known or٫ in the case of an
election that takes place because of the end of a legislative period but is
held on a day before the end of the said period٫ on the first day of the
subsequent period.
(۲) If that date falls outside the effective period of functioning of the
Assembly٫ the latter meets to give effect to Article ۱۷۸.
Article ۱۷۷ Legislative Session٫ Period of Functioning and Convening of the
Assembly
(۱) The legislative session lasts for one year starting on ۱۵ October.
(۲) The normal period of functioning of the Assembly runs from ۱۵ October to ۱۵
June٫ without prejudice to any suspensions that the Assembly may decide by a
two-thirds majority of the members present.
(۳) Outside the period indicated in the foregoing paragraph٫ the Assembly may
sit by a decision of the Plenum to extend the normal period of functioning٫ at
the initiative of the Standing Committee٫ or٫ if this is impossible and in case
of grave emergency٫ at the initiative of over half the members of the Assembly.
(۴) Extraordinary sessions of the Assembly may be convened by the President of
the Republic to deal with specific business.
(۵) Where the Assembly so decides in accordance with the provisions of
Paragraph (۲)٫ the committees are entitled to work irrespective of the work of
the Plenum.
Article ۱۷۸ Internal Powers of the Assembly
The Assembly of the Republic is competent to:
a) Draw up and approve its Rules of Procedure in accordance with the
Constitution;
b) Elect by an absolute majority of the members entitled to vote its President
and other officers٫ the four Vice-Presidents being elected at the proposal of
the four largest parliamentary groups;
c) Constitute the Standing Committee and other committees.
Article ۱۷۹ Agenda of the Plenary Meetings
(۱) The agenda is drawn up by the President of the Assembly of the Republic in
accordance with the order of priorities laid down in the rules of procedure٫
without prejudice to the right of appeal to the Plenum of the Assembly and the
President of the Republic”s powers provided in Article ۱۷۷ (۴).
(۲) The Government may request priority for matters of national interest
requiring urgent settlement.
(۳) All the parliamentary groups are entitled to draw up the Agenda of a
certain number of meetings according to criteria to
be laid down in the rules of procedure and with due respect for the position of
minority parties and parties not represented in the Government.
Article ۱۸۰ Attendance by Members of the Government at Plenary Sittings
(۱) Ministers have the right to attend plenary sittings of the Assembly and may
be assisted or replaced by Secretaries of State٫ both being entitled to speak٫
as provided in the Rules of Procedure.
(۲) Sittings are fixed at which members of the Government have to be present to
answer oral or written questions or requests for information by members of the
Assembly. These sittings are held at the minimum intervals laid down in the
Rules of Procedure and on dates to be fixed by agreement with the Government.
(۳) The committees may request members of the Government to take part in their
work.
Article ۱۸۱ Committees
(۱) The Assembly of the Republic has the committees provided for in its Rules
of Procedure and may establish committees of enquiry or committees for any
other specific purpose.
(۲) The composition of the committees corresponds to the representation of the
parties in the Assembly of the Republic.
(۳) Petitions addressed to the Assembly are examined by the committees or by an
ad hoc committee which may seek the opinion of the committees that are
competent in the field under consideration: in any event٫ the committees may
require any citizen to give evidence before them.
(۴) Without prejudice to their constitution in accordance with general rules٫
parliamentary committees of enquiry are compulsorily set up whenever so
requested by one-fifth of the members of the Assembly entitled to vote٫ up to
the limit of one per member and per legislative session.
(۵) Parliamentary committees of enquiry have such powers of investigation as
have the judicial authorities.
(۶) The chairs of the committees in general are apportioned to the
parliamentary groups proportionately to the number of their respective members.
Article ۱۸۲ Standing Committee
(۱) The Assembly”s Standing Committee functions when the Assembly is not in
session٫ where it is dissolved٫ and in any other circumstances provided for in
the Constitution.
(۲) The Standing Committee is chaired by the President of the Assembly; its
members are the Vice-Presidents of the Assembly and members appointed by all
the parties proportionately to the number of their respective members.
(۳) The Standing Committee has the following powers:
a) To follow the activities of the Government and the administration;
b) To use the powers of the Assembly concerning the term of office of members;
c) To convene the Assembly where this is necessary;
d) To prepare the opening of the Assembly”s sessions;
e) To authorize the President of the Republic to leave the national territory;
f) To authorize the President of the Republic to declare the state of siege or
emergency٫ to declare war٫ and to make peace.
Article ۱۸۳ Parliamentary Groups
(۱) Members elected for the same party or the same alliance of parties are
entitled to set up a parliamentary group.
(۲) Parliamentary groups have the following rights:
a) To participate in the Assembly”s committees proportionately to the number
of its members and to nominate its
representatives;
b) To be heard with regard to the adoption of the agenda and to appeal to the
Plenum against the agenda adopted;
c) To initiate in each legislative session two discussions on matters of
general or sectorial policy٫ by way of questioning the Government;
d) To request the Standing Committee to have the Assembly convened;
e) To request the setting up of parliamentary committees of enquiry;
f) To initiate legislation;
۹) To submit motions for the rejection of the Government”s program;
h) To submit motions of censure on the Government;
i) To be regularly and directly informed by the Government on the progress of
the major matters of public interest.
(۳) Each parliamentary group is entitled to a place of work at the seat of the
Assembly and to technical and administrative staff in whom it has confidence٫
on conditions to be laid down by law.
Article ۱۸۴ Officials and Specialists Serving the Assembly
The work of the Assembly and its committees is assisted by a permanent staff of
technical and administrative officials and by specialists appointed or
temporarily employed٫ in whatever numbers the President shall consider
necessary.
Section IV Government
Chapter I Function and Structure
Article ۱۸۵ Definition
The Government is the organ for conduct of the country”s general policy and
the highest organ of public administration.
Article ۱۸۶ Composition
(۱) The Government comprises the Prime Minister٫ the other Ministers٫ and the
State Secretaries and Under-Secretaries.
(۲) The Government may include one or more Deputy Prime Ministers.
(۳) The number of Ministries and State Secretariats٫ their titles and powers٫
and the forms of coordination between them are laid down in the order
appointing the holders of the respective offices or by legislative order٫ as
the case may be.
Article ۱۸۷ Council of Ministers
(۱) The Council of Ministers comprises the Prime Minister٫ the Deputy Prime
Ministers٫ if any٫ and the other Ministers.
(۲) Councils of specialized ministers may be established by law for particular
subjects.
(۳) The State Secretaries and Under-Secretaries may be called to meetings of
the Council of Ministers.
Article ۱۸۸ Temporary Replacement of Members of the Government
(۱) If there is no Deputy Prime Minister٫ the Prime Minister”s place is
taken in his absence or inability to act by the Minister whom he designates to
the President of the Republic or٫ in the absence of such designation٫ by the
Minister whom the President of the Republic appoints for the purpose.
(۲) Each Minister”s place is taken in his absence or inability to act by the
State Secretary whom he designates to the Prime Minister or٫ in the absence of
such designation٫ by the member of the Government whom the Prime Minister
appoints for the purpose.
Article ۱۸۹ Commencement and Cessation of Functions
(۱) The Prime Minister commences office when he is inducted and he ceases to
hold office when he is relieved of his post by the President of the Republic.
(۲) Any other member of the Government commences office when he is inducted and
ceases to hold office when he or the Prime Minister is relieved of his post.
(۳) State Secretaries and Under-Secretaries also cease to hold office when
their respective Minister is relieved of his post.
(۴) In case of resignation of the Government. the Prime Minister of the
outgoing Government is relieved of his post on the date of appointment and
induction of the new Prime Minister.
(۵) Before its program has been judged by the Assembly of the Republic or after
its dismissal٫ the Government has to limit itself to those acts which are
strictly necessary to ensure the management of public business.
Chapter II Formation and Responsibility
Article ۱۹۰ Formation
(۱) The Prime Minister is appointed by the President of the Republic after
consultation with the parties represented in the Assembly of the Republic٫ due
regard being given to the election results.
(۲) The remaining members of the Government are appointed by the President of
the Republic on the proposal of the Prime Minister.
Article ۱۹۱ Program
The Government”s program sets forth the principal political orientations and
measures to be adopted or to be proposed in the various fields of governmental
activity.
Article ۱۹۲ Collective Responsibility
The members of the Government are bound by its program and by the decisions
taken in the Council of Ministers.
Article ۱۹۳ Responsibility of the Government
The Government is responsible for its actions to the President of the Republic
and the Assembly of the Republic.
Article ۱۹۴ Responsibility of Members of the Government
(۱) The Prime Minister is politically responsible to the President of the
Republic and٫ in the context of the Government”s political responsibility٫
to the Assembly of the Republic.
(۲) The Deputy Prime Ministers and other Ministers are responsible to the Prime
Minister and٫ in the context of the Government”s political responsibility٫
to the Assembly of the Republic.
(۳) Each State Secretary and Under-Secretary is responsible to the Prime
Minister and to his own Minister.
Article ۱۹۵ Scrutiny of the Government”s Program by the Assembly of the
Republic
(۱) The Government”s program has to be presented to the Assembly of the
Republic for scrutiny٫ by means of a statement by the Prime Minister٫ within
not more than ten days of his appointment.
(۲) If the Assembly of the Republic is not in session٫ it is required to be
convened for this purpose by its President.
(۳) The debate may not exceed three days٫ and until it is closed٫ any
parliamentary group may propose rejection of the program and the Government may
request approval of a vote of confidence.
(۴) Rejection of the Government”s program requires an absolute majority of
members of the Assembly entitled to vote.
Article ۱۹۶ Request for Vote of Confidence
The Government may ask the Assembly of the Republic for a vote of confidence on
a statement of general policy or on any matter of national interest.
Article ۱۹۷ Motions of Censure
(۱) The Assembly of the Republic may٫ at the initiative of one quarter of its
members entitled to vote or at the initiative of any parliamentary group٫ pass
motions of censure on the Government concerning the implementation of its
program or any matter of national interest.
(۲) A motion of censure is not considered until ۴۸ hours after it has been
tabled. The debate on it does not last more than three days.
(۳) If a motion of censure is not approved٫ its signatories cannot table
another such motion during the same legislative session.
Article ۱۹۸ Resignation of the Government
(۱) The Government has to resign when:
a) A new legislative period starts;
b) The President of the Republic accepts a resignation submitted by the Prime
Minister;
c) The Prime Minister dies or becomes physically incapacitated in a lasting
way;
d) Its program is rejected;
e) A motion of confidence is not approved;
f) A motion of censure is approved by an absolute majority of the Members of
the Assembly entitled to vote.
(۲) The President of the Republic may dismiss the Government only when this
becomes necessary to secure the regular functioning of the democratic
institutions and after the Council of State has been consultated.
Article ۱۹۹ Criminal Liability of Members of the Government
Where criminal proceedings are taken against a member of the Government and the
latter is formally charrrged or indicted٫ except where the offence at stake is
punishable with a prison sentence of over three years٫ the Assembly of the
Republic decides whether or not he or she should be suspended for the purpose
of allowing the proceedings to carry on.
Chapter III Powers
Article ۲۰۰ Political powers
(۱) In exercising its political functions٫ the Government has the following
powers: a) To counter-sign the acts of the President of the Republic in
conformity with the provisions of Article ۱۴۳; b) To negotiate and agree on
international conventions;
c) To approve international conventions٫ the approval of which does not fall
within the powers of the Assembly of the Republic٫ or which were not submitted
to the latter;
d) To submit bills and draft resolutions to the Assembly of the Republic; e)
To propose to the President of the Republic to submit matters of relevant
national interest to referendum٫ in conformity with the provisions of Article
۱۱۸; f) To state its opinion on declarations of a state of siege or a state
of emergency;
g) To propose to the President of the Republic declarations of war and the
making of peace; h) To submit the accounts of the State and of the other
public bodies determined by law٫ to the Assembly of the Republic in conformity
with the provisions of Article ۱۶۵ (d); i) To perform any other acts as
provided for in the Constitution and the law.
(۲) The Government”s approval of treaties and international agreements takes
the form of decrees.
Article ۲۰۱ Legislative Powers
(۱) The Government has the following powers:
a) To issue decree-laws on matters not reserved to the Assembly of the
Republic;
b) To issue decree-laws on matters relatively reserved to the Assembly of the
Republic subject to its authorization;
c) To issue decree-laws in application of laws laying down legal principles or
bases.
(۲) The Government has exclusive competence in matters concerning its own
organization and working.
(۳) The decree-laws provided for in Paragraph (۱)(b) and (c) expressly mention
the law granting legislative authorization or the law laying down bases under
cover of which they are approved.
Article ۲۰۲ Administrative Powers
In the exercise of its administrative functions٫ the Government has the
following powers:
a) To prepare the plans on the basis of the laws concerning the major options
in that respect٫ and to implement them;
b) To implement the Budget of the State;
c) To issue the regulations that are necessary for the proper enforcement of
the laws;
d) To be in charrrge of the departments and to manage the direct
administrative activity of the State٫ both civil and military٫ to superintend
the indirect administration and to watch over the autonomous administration;
e) To perform all the acts required by law with respect to the functionaries
and personnel of the State and of other public bodies corporate;
f) To safeguard democratic legality:
g) To perform all the acts and make all the arrangements that are necessary for
the promotion of economic and social development and for the satisfaction of
the needs of the community.
Article ۲۰۳ Powers of the Council of Ministers
(۱) The Council of Ministers has the following powers:
a) To adopt the general guidelines of governmental policy and of its
implementation;
b) To decide whether to seek votes of confidence in the Assembly of the
Republic;
c) To approve bills and draft resolutions;
d) To approve decree-laws and to approve international conventions that are not
submitted to the Assembly of the Republic;
e) To approve the plans;
f) To approve the Government acts that involve increases or decreases in public
revenue or expenditure;
g) To decide upon other matters within the powers of the Government that are
committed to it by law or that are submitted to it by the Prime Minister or any
Minister.
(۲) Councils of specialized Ministers exercise the powers given to them by law
or delegated by the Council of Ministers.
Article ۲۰۴ Powers of the Members of the Government
(۱) The Prime Minister has the following powers:
a) To direct the Government”s general policy٫ to coordinate and guide the
action of all Ministers;
b) To direct the work of the Government and its general relations with the
other organs of the State;
c) To inform the President of the Republic on matters concerning the way in
which the internal and external policies
of the country are being conducted;
d) To perform the other duties committed to him or her by the Constitution and
the law.
(۲) Ministers have the following powers:
a) To carry out the policies laid down for their offices;
b) To maintain relations of a general nature between the Government and the
other organs of the State where their offices are concerned.
(۳) Decree-laws and other decrees of the Government are signed by the Prime
Minister and the Ministers who are competent for the matter in question.
Section V The Courts
Chapter I General Principles
Article ۲۰۵ Jurisdictional Function
(۱) The courts are the organs of supreme authority that have the power to
administer justice in the name of the people.
(۲) In administering justice٫ the courts safeguard the citizen”s rights and
legally protected interests٫ punish violations of the democratic legality٫ and
settle public as well as private conflicts of interests.
(۳) In exercising their duties٫ the courts are entitled to the assistance of
the other authorities.
(۴) The law may provide for non jurisdictional ways and means of settling
conflicts.
Article ۲۰۶ Independence
The courts are independent and subject only to the law.
Article ۲۰۷ Findings as to Unconstitutionality
The courts may not apply unconstitutional provisions or principles to matters
brought before them.
Article ۲۰۸ Court Decisions
(۱) The decisions of the courts are based on the cases and stipulations
contained in law.
(۲) The decisions of the courts are binding on all public and private bodies
and prevail over the decisions of all other authorities.
(۳) The conditions of enforcement of the courts” decisions in relation to
all other authorities٫ and the penalties for failure to enforce such decisions٫
are regulated by law
Article ۲۰۹ Hearings Before the Courts
Hearings before the courts are public٫ except when the competent court shows
cause for deciding otherwise٫ in order to safeguard personal dignity and public
morals or to ensure its own proper working.
Article ۲۱۰ Juries٫ People”s Participation٫ Assessors
(۱) Juries are made up of the judges of the plenary court and the jurymen; a
jury is called to court٫ at the request of either the prosecution or the
defence٫ for the trial of serious crimes٫ except terrorism.
(۲) The law may provide for social magistrates to be called to court for
hearings on industrial disputes٫ offences against public health٫ misdemeanors٫
and other matters involving the assessment of infringed social values.
(۳) The law may also provide for technically qualified assessors to be called
to participate in the hearings concerning specific matters.
Chapter II Organization of the Courts
Article ۲۱۱ Categories of Courts
(۱) There are the following categories of courts other than the Constitutional
Court:
a) The Supreme Court of Justice and the courts of law of first instance and of
second instance;
b) The Supreme Administrative Court and other administrative and fiscal courts;
c) The Court of Audit;
d) The military courts.
(۲) There may be maritime courts and courts of arbitration.
(۳) The law determines the circumstances and the ways in which the courts
mentioned in the foregoing paragraphs may function٫ separately or jointly٫ as
courts to settle conflicts.
(۴) There are no courts with exclusive jurisdiction for trying certain
categories of crimes; this provision does not affect any provision
concerning the military courts.
Article ۲۱۲ Supreme Court of Justice and Courts of Law
(۱) The Supreme Court of Justice is the highest court of law٫ without prejudice
to the jurisdiction of the Constitutional Court.
(۲) The President of the Supreme Court of Justice is elected by the judges
thereof.
(۳) The Courts of law of first instance are٫ as a rule٫ the district courts;
the courts mentioned in Article ۲۱۳ (۲) are placed on the same footing as the
latter.
(۴) The courts of law of second instance are٫ as a rule٫ the courts of appeal.
(۵) The Supreme Court of Justice function as a court of first or second
instance where the law so provides.
Article ۲۱۳ Powers and Specialization of the Courts of Law
(۱) The courts of justice are the common courts for civil and criminal matters;
they have jurisdiction over all matters not ascribed to other judicial
systems.
(۲) There may be courts of law of first instance with specific jurisdiction as
well as courts specializing in hearing certain matters.
(۳) The courts of appeal and Supreme Court of Justice may work in specialized
chambers.
Article ۲۱۴ Administrative and Fiscal Courts
(۱) The Supreme Administrative Court is the highest among the administrative
and the fiscal courts٫ without prejudice to the jurisdiction of the
Constitutional Court.
(۲) The President of the Supreme Administrative Court is elected by and among
the judges thereof.
(۳) The administrative and fiscal courts have jurisdiction over cases and
appeals aiming at settling conflicts that derive from administrative or fiscal
legal relations.
Article ۲۱۵ Military Courts
(۱) The military courts have jurisdiction to try essentially military offences.
(۲) Where good cause exists٫ the law may give military courts jurisdiction over
deliberate offences that may be considered to amount to essentially military
offences.
(۳) The law may give military courts the power to impose disciplinary measures.
Article ۲۱۶ Court of Audit
(۱) The Court of Audit is the highest body entrusted with supervising the
legality of public expenditure and with passing judgement on such accounts as
required by law; it has inter alia the following powers: a) To give an
opinion on the General Accounts of the State٫ including the accounts of the
social security and of the
autonomous regions;
b) To give effect to liability resulting from financial offences in conformity
with the law;
c) To perform other duties conferred to it by law.
(۲) The Court of Audit may carry out its duties in a decentralized way٫ through
regional sections٫ in conformity with the law.
Chapter III Status of Judges
Article ۲۱۷ Judges of the Courts of Law
(۱) The judges of the courts of law form a single body governed by a single
statute.
(۲) The law determines the requirements and the rules for the selectttion of
the judges of the courts of law of first instance.
(۳) The prevailing criterium in the selectttion of judges for the courts of
law of second instance is the merit and the selectttion is carried out by way
of competition based on the curricula of the judges of the courts of first
instance.
(۴) Access to the Supreme Court of Justice is by way of competition based on
the curricula and open to the judges of the courts of law٫ the public
prosecutors٫ and other jurists of merit in accordance with the law.
Article ۲۱۸ Safeguards and Cases of Incompatibility
(۱) Judges are irremovable and may not be transferred٫ suspended٫ retired٫ or
dismissed except as provided by law.
(۲) Judges are not liable for their decisions except as provided by law.
(۳) Practicing judges may not hold any other office٫ whether public or private٫
except unremunerated positions in teaching and scientific research in the legal
field.
(۴) Practicing judges may not be detached to serve in functions unrelated to
the activity of the courts unless authorized by the appropriate higher council.
Article ۲۱۹ Appointment٫ Assignment٫ Transfer٫ Promotion
(۱) The Higher Council of the Bench has the powers to appoint٫ assign٫
transfer٫ and promote the judges of the courts of law; it also has the
powers to exercise disciplinary action against the latter. Such powers must be
used in conformity with the law.
(۲) The appropriate higher councils have the powers to appoint٫ assign٫
transfer٫ and promote the judges of the administrative and fiscal courts;
they also have the powers to exercise disciplinary action against the latter.
Such powers must be used in conformity with the law.
(۳) The powers to appoint٫ assign٫ transfer٫ and promote the judges of the
other courts٫ as well as the powers to exercise disciplinary action against
them٫ are regulated by law with the safeguards provided in the Constitution.
Article ۲۲۰ Higher Council of the Bench
(۱) The Higher Council of the Bench are presided over by the President of the
Supreme Court of Justice; its membership is as follows:
a) Two members appointed by the President of the Republic٫ one of which is to
be a judge;
b) Seven members elected by the Assembly of the Republic;
c) Seven judges elected by their peers in accordance with the principle of
proportional representation.
(۲) The rules concerning the safeguards of judges apply to all the members of
the Higher Council of the Bench.
(۳) The law may provide for the participation of clerks of justice elected by
their peers in the Higher Council of the Bench for the exclusive purposes of
discussing and voting questions pertaining to the assessment of their
professional merits and the
exercise of disciplinary action with respect to their class.
Chapter IV Public Prosecutors
Article ۲۲۱ Functions and Status
(۱) Public Prosecutors٫ as a whole٫ have the powers to represent the State٫
take criminal proceedings٫ defend democratic legality٫ and defend such
interests as are indicated by law.
(۲) Public Prosecutors٫ as a whole٫ have an independent and autonomous status
in conformity with the law.
(۳) Public Prosecutors are responsible magistrates٫ hierarchically graded٫ and
cannot be transferred٫ suspended٫ retired٫ or dismissed except as provided by
law.
(۴) The Attorney-General has the power to appoint٫ assign٫ transfer٫ and
promote the Public Prosecutors; he also has the power to exercise
disciplinary action against the latter.
Article ۲۲۲ Attorney-General
(۱) The Attorney-General is the highest authority in public prosecution; the
law determines membership and power of the Attorney-General”s Office.
(۲) The Attorney-General presides over the Attorney-General”s Office which
includes the Higher Council of the Public Prosecution: the latter includes
members elected by the Assembly of the Republic and members elected among them
by the Public Prosecutors.
Section VI Constitutional Court
Article ۲۲۳ Definition
The Constitutional Court is the court that has specific powers to administer
justice in matters of both legal and constitutional nature.
Article ۲۲۴ Membership and Status of the Judges
(۱) The Constitutional Court is made up of thirteen judges٫ of which ten are
appointed by the Assembly of the Republic and the remaining three are co-opted.
(۲) Among both the members appointed by the Assembly of the Republic and the
members co-opted٫ six are chosen among the judges of other courts; the
remaining members must be jurists.
(۳) The term of office of the persons appointed to sit in the Constitutional
Court is six years.
(۴) The President of Constitutional Court is elected by the judges that sit
therein.
(۵) The judges that sit in the Constitutional Court enjoy such safeguards with
respect to their being independent٫ irremovable٫ impartial٫ and not
responsible٫ and be subject to such incompatibilities٫ as judges in the other
courts enjoy and are subject to.
(۶) The law lays down the other rules concerning the status of the judges of
the Constitutional Court.
Article ۲۲۵ Jurisdiction
(۱) The Constitutional Court has jurisdiction to assess conformity with the
Constitution and the law as provided in Article ۲۷۷ and subsequent Articles.
(۲) The Constitutional Court also has jurisdiction as follows:
a) To ascertain the death and pass judgement on the permanent physical
inability of the President of the Republic٫ as well as to ascertain that the
latter is temporarily prevented from exercising his or her functions; b) To
ascertain the forfeiture of office of the President of the Republic in the
circumstances mentioned in Articles ۱۳۲ (۳) and ۱۳۳ (۳); c) To pass
judgement in last instance on the regularity and the validity of the acts of
the electoral procedure٫ in conformity with the law; d) To ascertain the
death and pass judgement on the incapacity for the exercise of the presidential
functions٫ of any candidate for the function of President of the Republic٫ for
the purposes provided in Article ۱۲۷ (۳); e) To pass judgement on the
legality of the constitution of political parties and their alliances٫ of their
names٫ monograms٫ and symbols٫ as well as to order their dismemberment٫ in
conformity with the Constitution and the law;
f) To pass judgement on the conformity with the Constitution of referenda and
direct consultation of the electorate at local level٫ prior to any of them
being held.
(۳) The Constitutional Court also exercises the other functions committed to it
by the Constitution and the law
Article ۲۲۶ Organization and Functioning
(۱) The law lays down the rules concerning the seat٫ the organization٫ and the
functioning of the Constitutional Court.
(۲) The law lays down the rules concerning the work of the Constitutional Court
divided in non-specialized chambers for the purpose of supervising in concreto
the conformity with the Constitution and the law or for the purpose of the
exercise of other powers conferred to it by law.
(۳) The law lays down the rules concerning the appeals for the plenary sitting
of the Constitutional Court against contradictory decisions of the chambers
within the scope of application of the same provision.
Section VII Autonomous Regions
Article ۲۲۷ Political and Administrative Status of the Azores and Madeira
(۱) The special political and administrative arrangements for the archipelagos
of the Azores and Madeira are based on their geographical٫ economic٫ and social
and cultural charrracteristics and on the historic aspirations of the peoples
of the islands to autonomy.
(۲) The autonomy of the regions serves the interests of democratic
participation by their citizens٫ their economic and social development٫ the
promotion and defence of regional interests٫ and the strengthening of national
unity and of the bonds of solidarity among all the Portuguese.
(۳) The political and administrative autonomy of the regions in no way affects
the State”s full sovereignty and is exercised within the limits of the
Constitution.
Article ۲۲۸ Statutes
(۱) Drafts of political and administrative statutes of the autonomous regions
are prepared by the regional legislative assemblies and submitted to the
Assembly of the Republic for discussion and approval.
(۲) Where the Assembly of the Republic rejects or introduces amendments to the
draft٫ it returns the latter to the regional legislative assembly concerned for
consideration and opinion.
(۳) The Assembly of the Republic discusses the draft and takes a final decision
thereupon as soon as that opinion is given.
(۴) The rules provided in the preceding paragraphs apply to the procedure for
the amendment to the statutes.
Article ۲۲۹ Powers of the Autonomous Regions
(۱) The autonomous regions are corporate bodies in public law and have the
following powers which are further defined in their statutes:
a) in observance of the Constitution and the general laws of the Republic٫ to
legislate on such matters of specific interest to the
regions as are not within the exclusive powers of the organs of supreme
authority;
b) Authorized by the Assembly of the Republic and in observance of the
Constitution٫ to legislate on such matters of specific interest to the regions
as are not within the exclusive powers of the organs of supreme authority;
c) To enact enabling legislation with reference to basic laws that do not
concern matters falling within the exclusive powers of the Assembly of the
Republic and to the basic laws mentioned in Article ۱۶۸ (۱) (f)٫ (g)٫ (n)٫ (v)
and (x); d) To regulate the implementation of regional legislation and of
general laws adopted by the organs of supreme authority that do not reserve for
the latter the power to regulate them; e) To exercise the right of
initiative with respect to their statute٫ in conformity with the provisions of
Article ۲۲۸; f) To exercise the right of legislative initiative٫ in
conformity with the provisions of Article ۱۷۰ (۱)٫ by way of submitting to the
Assembly of the Republic bills and motions for amendment; g) To exercise the
execccutive powers that belong to them;
h) To administer and dispose of their assets and to perform acts and conclude
contracts where it is their interest to do so;
i) To exercise the powers of taxation that belong to them٫ in conformity with
the law٫ to dispose of the revenue so obtained and of other revenue assigned to
them and to allocate that revenue to their expenses; to adapt the national
fiscal system to regional specifics٫ in conformity with the provisions of the
framework law of the Assembly of the Republic;
j) To set up and abolish local authorities and to modify their area٫ in
conformity with the law;
l) To supervise local powers;
m) To raise localities to the category of towns or cities;
n) To supervise departments٫ public institutes٫ state owned and nationalized
businesses whose activities are exclusively or predominantly confined to the
region٫ as well as in other circumstances where warranted by the regional
interests;
o) To approve the regional economic plan٫ the regional budget and the accounts
of the region٫ as well as to participate in the preparation of the national
plans; p) To createee regulatory offences and the corresponding sanctions٫
without prejudice of the provisions of Article ۱۶۸ (۱)(d); q) To participate
in the definition and implementation of the fiscal٫ monetary٫ financial٫ and
foreign exchange policies in such a way as to secure regional control of the
means of payment in circulation and to provide funds for the investments
necessary for their economic and social development;
r) To participate in the definition of policies concerning the territorial
waters٫ the exclusive economic zone and the adjacent sea beds;
s) To participate in the negotiations concerning international treaties and
agreements of direct concern to them and to share in any benefit derived
therefrom;
t) To engage in co-operation with other foreign regional entities and to
participate in organizations aimed at furthering inter-regional dialogue and
cooperation in accordance with the guidelines adopted by the organs of supreme
authority competent in the field of foreign policy;
u) To state their opinion٫ at their own initiative or when consulted by the
organs of supreme authority٫ on questions within the competence of the latter
and of concern to the regions.
(۲) Proposals for authorizations to legislate have to be accompanied by the
preliminary draft of the regional legislative decree sought; the provisions
of Article ۱۶۸ (۲) and (۳) apply to the corresponding authorizing laws.
(۳) The authorizations mentioned in the preceding paragraph lapse at the end of
the legislative period or with dissolution of either the Assembly of the
Republic or the regional legislative assembly to which they were granted.
(۴) The regional legislative decrees mentioned in Paragraph (۱)(b) and (c) must
expressly mention their respective authorizing laws or basic laws; the
provisions of Article ۱۷۲٫ where necessary adapted٫ apply to them.
Article ۲۳۰ Limits to Powers
The autonomous regions shall not:
a) Restrict the rights of workers as recognized by law;
b) Impose restrictions on the passage of persons and goods between them and the
rest of the national territory٫ except restrictions on goods dictated by health
requirements;
c) Restrict any occupation or public office to persons born or resident in the
region.
Article ۲۳۱ Cooperation Between the Organs of Supreme Authority and the
Regional Organs
(۱) The organs of supreme authorityl٫ in cooperation with the organs of
regional government٫ have to ensure the economic and social development of the
autonomous regions٫ and seek in particular to correct inequalities caused by
their insular situation.
(۲) The organs of supreme authority must always consult the organs of regional
government on those questions within their powers which concern the autonomous
regions.
Article ۲۳۲ Representation of the Sovereignty of the Republic
(۱) The sovereignty of the Republic is especially represented in each
autonomous region by a Minister for the Republic; the latter being appointed
and dismissed by the President of the Republic on the proposal of the
Government and once the Council of State havinggg been heard.
(۲) The Minister of the Republic has the powers to coordinate the work of the
central departments of the State in so far as it effects the interests of the
region; for that purpose٫ he or she has ministerial powers and a seat in the
meetings of the Council of Ministers that deal with matters of interest to the
region concerned.
(۳) The Minister of the Republic superintends the administrative functions
performed by the State in the region and coordinates them with those performed
by the region itself.
(۴) In the Minister for the Republic”s absence or inability to act٫ he or
she is replaced in the region by the president of the regional legislative
assembly.
Article ۲۳۳ Organs of Self-Government of the Regions
(۱) The organs of self-government of each region are the Regional Legislative
Assembly and the Regional Government.
(۲) The regional legislative assembly is elected by way of universal٫ direct٫
and secret suffrage in accordance with the principle of proportional
representation.
(۳) The regional government is politically responsible to the regional
legislative assembly; its president is appointed by the Minister for the
Republic with due regard to the results of the elections.
(۴) The other members of the regional government are appointed and dismissed by
the Minister for the Republic٫ upon proposal of the president of that
government.
(۵) The status of the members of the organs of self-government of the
autonomous regions are laid down in the political and administrative statutes
of the latter.
Article ۲۳۴ Powers of the Regional Legislative Assembly
(۱) The regional legislative assembly has exclusive competence with respect to
the exercise of the powers mentioned in Article ۲۲۹ (۱)٫ (a)٫ (b)٫ (c)٫ (d)
second part٫ (f)٫ (i)٫ (j) first part٫ (m)٫ and (p)٫ with respect to the
approval of the regional budget٫ the economic plan٫ and the accounts of the
region٫ as well as with respect to adapting the national fiscal system to the
specificities of the region.
(۲) The regional legislative assembly has the powers to prepare and adopt its
rules of procedure٫ in conformity with the Constitution and the political and
administrative statute of the region concerned.
(۳) The provisions of Article ۱۷۸ (c)٫ ۱۸۱ (۱)٫ (۲) and (۳)٫ ۱۸۲ (۱)٫ (۲) and
(۳) (a)٫ (b)٫ (c) and (d) and ۱۸۳ (۱)٫ (۲) (a)٫ (c)٫ (d)٫ (e)٫ (f)٫ (g)٫ (h)
and (i) apply mutatis mutandis to the regional legislative assembly and its
parliamentary groups.
Article ۲۳۵ Signature and Veto of the Minister of the Republic
(۱) The Minister for the Republic has the power to sign and order publication
of the regional legislative decrees and the regional regulatory decrees.
(۲) Within fifteen days of havinggg received for the purpose of signature any
decree of the regional legislative assembly or of the publication of a
Constitutional Court ruling to the effect that the provisions of such a decree
are not in violation of the Constitution٫ the Minister for the Republic either
signs the decree٫ or exercises his or her veto power by way of a substantiated
request for reconsideration of the text.
(۳) Where the regional legislative assembly has confirmed its vote by an
absolute majority of the members entitled to vote٫ the Minister for the
Republic has to sign the decree within eight days of havinggg received it.
(۴) Within twenty days of havinggg received for the purpose of signature any
decree of the regional government٫ the Minister for the Republic either signs
the decree or refuse to sign it; in the latter case the Minister for the
Republic has to provide the regional government with written reasons for the
refusal; the regional government may then convert the decree into a bill to
be presented to the regional legislative assembly.
(۵) The Minister for the Republic also exercises his or her veto powers in
conformity with the provisions of Articles ۲۷۸ and ۲۷۹.
Article ۲۳۶ Dissolution of the Regional Organs
(۱) The President of the Republic٫ havinggg heard the Assembly of the Republic
and the Council of State٫ is empowered to dissolve the self-government organs
of the autonomous regions for reasons pertaining to their performing acts
contrary to the Constitution.
(۲) Should the regional organs be dissolved٫ the government of the region is
secured by the Minister of the Republic.
Section VIII Local Authorities
Chapter I General Principles
Article ۲۳۷ Local Authorities
(۱) The democratic organization of the State includes local authorities.
(۲) Local authorities are territorial bodies corporate with representative
organs serving the particular interests of the local population.
Article ۲۳۸ Categories of Local Authorities and Administrative Division
(۱) The local authorities on the mainland are the parishes٫ municipal
authorities٫ and administrative regions.
(۲) The autonomous regions of the Azores and Madeira
comprise parishes and municipal authorities.
(۳) In large metropolitan areas٫ other organizational forms of territory
self-government may be established by law in accordance with special local
conditions.
(۴) The administrative divisions of the national territory are established by
law.
Article ۲۳۹ Functions and Organizations of Local Authorities
The functions and organizations of local authorities and the powers of their
organs are regulated by law in accordance with the principle of administrative
decentralization.
Article ۲۴۰ Local assets and Finance
(۱) The local authorities have their own assets and financial resources.
(۲) The system of local finance is established by law and aims at the fair
apportionment of public funds by the State and local authorities and at the
necessary correction of inequalities between local authorities on the same
level.
(۳) Local authorities” own receipts in all cases have to include the income
from management of their assets and the amounts collected for use of their
services.
Article ۲۴۱ Deliberating and execccutive Organs
(۱) The organization of each local authority includes an elected assembly with
powers of decision and a corporate execccutive organ responsible to it.
(۲) The assembly is elected by direct and secret universal suffrage of the
resident citizens according to the system of proportional representation.
(۳) The organs of the local authorities may carry out direct consultations of
the voters enrolled in their area٫ by secret vote٫ on questions covered by
their exclusive competence٫ in the cases٫ under the conditions٫ and with the
force that the law determines.
Article ۲۴۲ Power to Regulate
The local authorities have their own powers to issue regulations٫ within the
limits of the Constitution٫ the laws٫ and the regulations of higher local
authorities or authorities with powers of oversight.
Article ۲۴۳ Administrative Oversight
(۱) The Administrative oversight of local authorities consists in verifying
whether the law is complied with by the organs of the said authorities and it
is exercised in the cases and in the ways laid down by law.
(۲) Supervisory measures restrictive of local autonomy require the prior
opinion of a local authority organ to be determined by law.
(۳) The dissolution of local authority organs resulting from direct elections
is caused only by serious illegal deeds and acts of omission.
Article ۲۴۴ Staff of the Local Authorities
(۱) The local authorities have their own staffs in accordance with the law.
(۲) The system governing officials and employees of the State is applicable to
officials and employees of the local administration.
(۳) The law determines the ways in which the State gives technical support and
support in the form of human means to the local authorities٫ without prejudice
to their autonomy.
Chapter II Parishes
Article ۲۴۵ Organs of the Parish
The representative organs of the parish are the parish assembly and the parish
committee.
Article ۲۴۶ Parish Assembly
(۱) The parish assembly is elected by the citizens entitled to vote who are
resident within the parish.
(۲) In addition to the political parties٫ other groups of citizens entitled to
vote may put forward candidates for election to the parish organs٫ on
conditions laid down by law.
(۳) Provision may be made by law for the parish assembly to be replaced in
parishes with a small population by meetings of all the citizens entitled to
vote.
Article ۲۴۷ Parish Committee
(۱) The parish committee is the execccutive organ of the parish. It is elected
by the assembly in secret ballot from among its members.
(۲) The chairman of the committee has to be the citizen who heads the list that
received the most votes in the election to the assembly or٫ where no assembly
exists٫ the citizen elected for the purpose by the plenary meeting.
Article ۲۴۸ Delegation of Duties
The parish assembly is empowered to delegate administrative duties not
involving the exercise of authority to neighborhood organizations.
Chapter III Municipalities
Article ۲۴۹ Changes to municipalities
The establishment or abolishment of municipalities and changes to their area
are carried out by law after consulting the organs of the local authorities
concerned.
Article ۲۵۰ Municipal Organs
The representative organs of the municipal authority are the municipal assembly
and the municipal chamber.
Article ۲۵۱ Municipal Assembly
The municipal assembly comprises the chairmen of the parish councils and at
least an equal number of members elected by the votes in the municipal area.
Article ۲۵۲ Municipal Chamber
The municipal chamber is the corporate execccutive organ of the municipal
authority. It is elected by the citizens entitled to vote who are resident in
its area. The chairman is the candidate who heads the list that received the
most votes.
Article ۲۵۳ Association and Federation
The municipal authorities are empowered to form associations and federations
for the purpose of the administration of common interests.
Article ۲۵۴ Share in the Revenue From Direct Taxation
Municipal authorities share٫ on their own right and in conformity with the law٫
in the revenue from direct taxation.
Chapter IV Administrative Regions
Article ۲۵۵ Establishment by the Law
The administrative regions are simultaneously established by the law; the
latter lays down their powers٫ membership٫ attributions٫ and the working
methods of its organs٫ where appropriate with differences from one to the
other.
Article ۲۵۶ Establishment In Concreto
Each administrative region is set up by law; this law is subordinated to the
law provided for in the preceding Article and depends on a favorable vote of
the majority of the municipal assemblies representing the larger portion of the
regional area”s population.
Article ۲۵۷ Duties
The administrative regions are conferred inter alia the duty to guide the
public services and the task of coordinating and supporting the municipal
action٫ whilst respecting the municipal autonomy and without limiting the
municipal powers.
Article ۲۵۸ Plans
The administrative regions prepares regional plans and participates in the
preparation of the plans provided for in Article ۹۲.
Article ۲۵۹ Organs of the Region
The region”s representative organs are the regional assembly and the
regional committee.
Article ۲۶۰ Regional Assembly
The regional assembly is made up of members directly elected by the citizens
enrolled in the electoral register of the area of the region and members
elected according to the system of proportional representation and the Hondt
highest average method by an electoral college in which the directly elected
members of the municipal assemblies of that area participate; the first
mentioned members outnumbers the last mentioned.
Article ۲۶۱ Regional Committee
The regional committee is the execccutive collective organ of the region and
is elected in a secret ballot by the regional assembly٫ among the latter”s
members.
Article ۲۶۲ Government”s Representative
Attached to each region is a representative of the Government appointed by the
Council of Ministers; he or she also exercises powers with respect to the
other local authorities in the area of the region.
Chapter V Neighborhood Organizations
Article ۲۶۳ Establishment and Area
(۱) With a view to intensifying the participation of the population in local
administrative life٫ there may be set up neighborhood organizations among
persons residing in an area smaller than the parish.
(۲) On its own initiative or at the request of committees of neighbors or a
significant number of neighbors٫ the parish assembly limits the territorial
areas of the organizations mentioned in the preceding paragraph and٫ where
appropriate٫ settles the conflicts arising therefrom.
Article ۲۶۴ Structure
(۱) The structure of neighborhood organizations is laid down by law and include
an assembly of neighbors and a committee of neighbors.
(۲) The assembly of neighbors is made up of the persons residing in the area
that are enrolled in the electoral register of the parish.
(۳) The committee of neighbors is elected in a secret ballot by the assembly of
neighbors and freely destituted by the latter.
Article ۲۶۵ Rights and Powers
(۱) The neighborhood organizations enjoys the following rights:
a) Of petition before the local authorities with respect to administrative
matters of concern to the neighbors٫ and
b) Of participation in the parish assembly through their representatives٫ the
latter not being entitled to vote.
(۲) The neighborhood organizations have the powers to perform the tasks
conferred upon them by law or delegated to them by the organs of the concerned
parish.
Section IX Public Administration
Article ۲۶۶ Fundamental Principles
(۱) Public administrative authorities seeks to promote the public interest٫
while observing those rights and interests of citizens that are protected by
law.
(۲) The organs and staff of the administrative authorities are subject to the
Constitution and the law and exercise their functions in such a way as to
respect the principles of equality٫ proportionality٫ fairness٫ and
impartiality.
Article ۲۶۷ Structure of the Administration
(۱) Public administrative authorities are structured in such a way as to avoid
bureaucracy٫ to bring the administration closer to the population٫ and to
ensure participation by those concerned in its actual running٫ in particular
through public associations٫ neighborhood organizations٫ and other forms of
democratic representation.
(۲) For the purposes of the foregoing paragraph٫ suitable forms of
administrative decentralization and devolution are established by law٫ without
prejudice to the efficiency and unity of action that are necessary or to take
the Government”s powers to direct and supervise.
(۳) Public associations may be formed only to meet specific needs. They do not
have the functions peculiar to trade unionnn associations and their internal
organization is based on respect for the rights of their members and on the
democratic formation of their organs.
(۴) Administrative procedures are dealt with in a special law٫ which ensures
rationalization of the methods to be used by departments and participation by
the citizens in the decision-making process or in deliberations which concern
them.
Article ۲۶۸ Rights and Safeguards of the Citizens
(۱) Citizens are entitled to be informed by public administrative authorities٫
whenever they so require٫ on the progress of proceedings in which they are
directly concerned and to have knowledge of final decisions taken with regard
to them.
(۲) Citizens also enjoy the right of access to the administrative archives and
files٫ without prejudice to the legal provisions concerning the internal and
external security٫ criminal investigation٫ and personal privacy.
(۳) Administrative acts are notified to the interested parties in the way
provided for by law; they are substantiated whenever they affect the legally
protected rights or interests of citizens.
(۴) Interested parties are entitled to judicial appeal on grounds of illegality
against any administrative act affecting their legally protected rights or
interests٫ irrespective of the latter”s form.
(۵) Access to the administrative justice is also always guaranteed to citizens
for the purpose of safeguarding their legally protected rights and interests.
(۶) For the purposes set out in Paragraphs (۱) and (۲)٫ the law provides a
delay for the Administration”s reply.
Article ۲۶۹ Civil Service
(۱) While exercising their functions٫ the workers of public
administrative authorities and other personnel of the State and other public
bodies exclusively serve the public interest٫ as it is defined٫ in accordance
with law٫ by competent organs of administration.
(۲) The workers of public administrative authorities and other personnel of the
State and other public bodies may not suffer damage or receive benefit as a
result of the exercise of any political rights provided for in the
Constitution٫ in particular because of party allegiance.
(۳) In disciplinary proceedings٫ the right of the individual concerned to be
heard and to defend himself is secured.
(۴) No one may hold more than one public post or office except in cases
expressly provided for by law.
(۵) Cases of incompatibility between the holding of a public post or office and
other activities are laid down by law.
Article ۲۷۰ Restrictions on the Exercise of Rights
The law may lay down restrictions on the rights of expression٫ meeting٫
demonstration٫ association٫ collective petition٫ and on the electoral capacity
of the permanent cadres of the military and security forces on active duty as
strictly required by their peculiar functions.
Article ۲۷۱ Liability of Officials and Personnel
(۱) Officials and personnel of the State and other public bodies are
responsible on civil٫ criminal٫ and disciplinary grounds for actions and
omissions performed in the exercise and because of their functions which result
in infringements of the legally protected rights or interests of the citizens;
taking action or proceedings thereupon is not subject at any stage to
approval by a higher authority.
(۲) An official or member of the personnel who acts in accordance with orders
or instructions on a service matter from his legitimate superior cannot be held
liable٫ provided that he previously requested or required that they should be
given or confirmed in writing.
(۳) The duty of obedience ceases whenever the carrying out of orders or
instructions involves committing some criminal offence.
(۴) The conditions on which the State and other public bodies are entitled to
recover the amount of indemnities previously paid by them from officials and
their personnel are regulated by law.
Article ۲۷۲ Police
(۱) The police has the functions of defending democratic legality and the
rights of citizens.
(۲) The police measures are provided for by law and may not be used beyond what
is strictly necessary.
(۳) The prevention of crimes٫ including crimes against the security of the
State٫ is performed with due regard to the general rules governing the police
and to the rights٫ freedoms٫ and safeguards of citizens.
(۴) The law determines the system governing the security forces٫ each of which
has a single organization for the whole national territory.
Section X National Defence
Article ۲۷۳ National Defence
(۱) The State has the obligation of ensuring national defence.
(۲) The aims of the national defence are to ensure the national independence٫
the integrity of the territory٫ and the freedom and security of the population
against any external aggression or menace٫ while respecting the constitutional
order٫ the democratic institutions٫ and international conventions.
Article ۲۷۴ Higher Council of National Defence
(۱) The Higher Council of National Defence is presided over by the President of
the Republic and its membership is determined by law.
(۲) The Higher Council of National Defence is the specific advisory body for
questions concerning national defence and the organization٫ functioning٫ and
discipline of the Armed Forces and it has the administrative competence that
may be granted to it by law.
Article ۲۷۵ Armed Forces
(۱) The Armed Forces secure the military defence of the Republic.
(۲) The Armed Forces are exclusively composed of Portuguese citizens and their
organization is based on compulsory military service and is a single one for
the whole national territory.
(۳) The Armed Forces obey the competent organs of supreme authority in
accordance with the Constitution and the law.
(۴) The Armed Forces are at the service of the Portuguese people. They are
strictly non-partisan and their members may not take advantage of their
weapons٫ posts٫ or functions for any political intervention.
(۵) The Armed Forces may cooperate in the accomplishment of tasks connected
with the satisfaction of basic needs and the improvement of the quality of life
of the population٫ including situations of public calamity not justifying the
suspension of the exercise of rights.
(۶) Legislation that makes provision for the state of siege and the state of
emergency determines the conditions under which the Armed Forces may be used in
those circumstances.
Article ۲۷۶ Defence of the Country٫ Military٫ and Civic Service
(۱) The defence of the country is a fundamental right and a fundamental duty of
every Portuguese.
(۲) Military service is compulsory٫ for a period and on conditions laid down by
law.
(۳) Persons considered unfit for armed military service perform unarmed
military service or civic service suited to their situations.
(۴) Conscientious objectttors perform civic service of a length and difficulty
equivalent to that of armed military service.
(۵) Civic service may be established as a substitute for or as a complement to
military service and may be made compulsory by law for citizens not subject to
military service.
(۶) No citizen may keep or obtain any office in the State or in any other
public body if he fails to perform his military service or civic service٫ if
compulsory.
(۷) Performance by a citizen of military service or compulsory civic service is
without prejudice to his social security benefits or permanent career.
Part IV Safeguards and Revision of the Constitution
Section I Supervision of the Constitutionality
Article ۲۷۷ Active Unconstitutionality
(۱) Provisions of law that infringe a provision of the Constitution or the
principles laid down therein are unconstitutional.
(۲) The organic or formal unconstitutionality of international treaties that
have been regularly ratified do not prevent the application of their provisions
in Portuguese law as long as the provisions are applied in the law of the other
party٫ except if the said unconstitutionality results from the violation of a
fundamental principle.
Article ۲۷۸ Preventive Scrutiny of Constitutionality
(۱) The President of the Republic may request the Constitutional Court to judge
preventively the constattionality of any provision of any international treaty
that has been submitted to him for ratification٫ an act sent to him for
promulgation as a law or decree-law or an international agreement the act of
approval of which has been sent to him for signature.
(۲) The Ministers of the Republic may also request the Constitutional Court to
judge preventively the constattionality of any provision of a regional
legislative decree or a decree implementing general law of the Republic that
has been sent to them for signature.
(۳) Preventive assessment of constitutionality has to be requested not later
than eight days after the date in which the text was received.
(۴) The President of the Republic٫ the Prime Minister٫ as well as one-fifth of
the Members of the Assembly of the Republic in active duty are entitled to
request the Constitutional Court to assess preventively the conformity with the
Constitution٫ of any provision of any decree submitted to the former for the
purpose of being promulgated as an organic law.
(۵) When submitting to the President of the Republic a decree that should be
promulgated as an organic law٫ the President of the Assembly of the Republic
must٫ on the same day٫ inform the Prime Minister and the parliamentary groups
of the Assembly of the Republic.
(۶) Preventive assessment of the constitutionality as provided for in Paragraph
(۴) has to be requested within eight days from the date mentioned in the
preceding paragraph.
(۷) Without prejudice to the provisions of Paragraph (۱)٫ the President of the
Republic may not promulgate the decrees mentioned in Paragraph (۴) either
before eight days havinggg elapsed since the date of their reception or before
the Constitutional Court٫ if requested٫ has ruled.
(۸) The Constitutional Court hands down its ruling within twenty-five days:
this time limit may be shortened by the President of the Republic for urgent
reasons٫ where Paragraph (۱) applies
Article ۲۷۹ Effects of Decisions
(۱) If the Constitutional Court rules that a provision of any act or
international agreement is unconstitutional٫ the instrument is vetoed by the
President of the Republic or the Minister of the Republic٫ depending on the
case٫ and sent back to the organ that approved it.
(۲) Under the circumstances provided for in the preceding paragraph٫ the decree
may not be signed nor promulgated unless the organ that approved it has
expurgated the provision judged unconstitutional or٫ where appropriate٫ has
confirmed it by a two-thirds majority of the Members of the Assembly of the
Republic present٫ where that majority is larger than the absolute majority of
the Members entitled to vote.
(۳) If the instrument is reformulated٫ the President of the Republic or the
Minister of the Republic٫ depending on the case٫ may request the preventive
judgement of the constitutionality of any of its provisions.
(۴) Where the Constitutional Court rules to the effect that a provision of a
treaty is unconstitutional٫ that treaty is ratified only if the Assembly of the
Republic approves it by a two-thirds majority of the Members present٫ where
that majority is larger than the absolute majority of the Members entitled to
vote.
Article ۲۸۰ Supervision In Concreto of the Constitutionality and Legality
(۱) The Constitutional Court has jurisdiction to hear appeals brought against
any of the following court decisions:
a) Decisions to the effect of rejecting the application of any provision on
grounds of unconstitutionality;
b) Decisions to the effect of confirming the application of any provision٫ the
constitutionality of which was questioned before that court.
(۲) The Constitutional Court has jurisdiction to hear appeals brought against
any of the following court decisions:
a) Decisions to the effect of rejecting the application of any provisions of a
legislative act on grounds of violation of a higher ranking law;
b) Decisions to the effect of rejecting the application of any provision of a
regional legislative text on grounds of violation of the statute of an
autonomous region or a general law of the Republic;
c) Decisions to the effect of rejecting the application of any provisions of a
text adopted by an organ of supreme authority on grounds of violation of the
statute of an autonomous region;
d) Decisions to the effect of giving application to a provision٫ the legality
of which was questioned before that court on any of the grounds mentioned in
Sub-Paragraphs (a)٫ (b) and (c).
(۳) Where the application of a provision of an international convention٫ a
legislative act or a regulatory decree has been rejected by a court٫ the Public
Prosecution ex officio appeals under the provisions of Paragraphs (۱)(a) and
(۲)(a).
(۴) The appeals provided for in Paragraphs (۱)(b) and (۲)(d) are available only
to the party that raised the question of the violation of the Constitution or
the law; the law lays down rules on the requirements and procedure with
respect to the admissibility of such appeals.
(۵) The Constitutional Court also has jurisdiction to hear appeals brought
against court decisions where the latter rule to the effect of giving
application to provisions that the former previously ruled to be
unconstitutional or illegal; under such circumstances٫ the Public
Prosecution appeals ex officio.
(۶) Appeals to the Constitutional Court are restricted to the question of
unconstitutionality or illegality٫ as the case may be.
Article ۲۸۱ Supervision in abstracto of the Constitutionality and Legality
(۱) The Constitutional Court has jurisdiction to rule on the following; the
corresponding rulings being fully binding on every person and every authority:
a) The unconstitutionality of any provision;
b) The illegality of any provision of a legislative act on grounds of violation
of a higher ranking law;
c) The illegality of any provision of a regional legislative text on grounds of
violation of the statute of a region or a general law of the Republic;
d) The illegality of any provision of a text adopted by an organ of supreme
authority on grounds of violation of the rights of a region as set forth in the
statute of the latter.
(۲) The following are entitled to request the Constitutional Court to pass
fully and generally binding rulings on the unconstitutionality or illegality of
a provision:
a) The President of the Republic;
b) The President of the Assembly of the Republic;
c) The Prime Minister;
d) The Ombudsman;
e) The Attorney-General;
f) One tenth of the Members of the Assembly of the Republic;
g) Where the grounds for the request with reference to unconstitutionality are
the violation of the rights of an autonomous region٫ or the grounds for the
request with reference to the illegality are the violation of the statute of
the region concerned or a general law of the Republic٫ the Ministers for the
Republic٫ the regional legislative assemblies٫ the presidents of the latter٫
the presidents of the regional
governments٫ or one-tenth of the members of a regional legislative assembly.
(۳) The Constitutional Court also has jurisdiction to rule on the
unconstitutionality or illegality of any provision where it has so ruled with
respect to the application of that provision in three concrete cases; the
corresponding rulings are fully binding on every person and every authority.
Article ۲۸۲ Effects of a Ruling of Unconstitutionality or Illegality
(۱) A generally binding ruling of unconstitutionality or illegality produces
its effects as from the entry into force of the provision ruled
unconstitutional or illegal and determines the restoration٫ with retroactive
effects٫ of the provisions that it may have revoked.
(۲) In the case of unconstitutionality or illegality due to infringement of a
later constitutional or legal provision٫ the ruling produces its effects only
as from the entry into force of the latter.
(۳) Cases already judged are safeguarded٫ except if the Constitutional Court
decides otherwise when the provision concerns penal or disciplinary matters or
illegal acts in violation of mere social rules and is less favorable to the
accused.
(۴) When required by legal security٫ reasons of equity or public interest of
exceptional importance٫ which have to be justified٫ the Constitutional Court
may fix the effects of unconstitutionality or illegality in a more restrictive
way than is provided for in Paragraphs (۱) and (۲).
Article ۲۸۳ Unconstitutionality by Omission
(۱) At the request of the President of the Republic٫ the Ombudsman or٫ on the
grounds that the rights of the autonomous regions have been violated٫ the
presidents of the regional assemblies٫ the Constitutional Court judges and
verifies failure to comply with the Constitution by omission on the part of the
legislative acts necessary to implement the provisions of the Constitution.
(۲) When the Constitutional Court verifies the existence of unconstitutionality
by omission٫ it communicates the fact to the competent legislative organ.
Section II Revision of the Constitution
Article ۲۸۴ Competence and Time of Revision
(۱) The Assembly of the Republic may revise the Constitution once five years
have elapsed after publication of any revision law.
(۲) The Assembly of the Republic may٫ however٫ by a majority of four-fifths of
its members entitled to vote٫ assume powers of constitutional reform at any
time after revision provided for in the foregoing article.
Article ۲۸۵ Power to Initiate Constitutional Reform
(۱) Members of the Assembly are competent to initiate constitutional reform.
(۲) Once a plan for constitutional reform has been tabled٫ any further such
plans must be tabled within ۳۰ days.
Article ۲۸۶ Approval and Promulgation
(۱) Amendments to the Constitution are approved by a two-thirds majority of the
members of the Assembly entitled to vote.
(۲) Changes in the Constitution which are approved are incorporated in a single
revision law.
(۳) The President of the Republic may not refuse to promulgate the revision
law.
Article ۲۸۷ New text of the Constitution
(۱) Amendments to the Constitution are inserttted in their proper place with
the necessary substitutions٫ deletions٫ and additions.
(۲) The new text of the Constitution is published together with the revision
law.
Article ۲۸۸ Limits to the Revision on the Substance
The laws revising the Constitution safeguard:
a) National independence and the unity of the State;
b) The republican form of government;
c) The separation of the Churches from the State;
d) The rights٫ freedoms٫ and safeguards of the citizens;
e) The rights of the workers٫ workers” committees٫ and trade unionnns;
f) The co-existence of the public٫ the private٫ and the cooperative and social
sectors٫ with respect to the property of the means of production;
g) The existence of economic plans within the framework of a mixed economy;
h) Universal٫ direct٫ secret٫ and periodical suffrage for the appointment of
the elected members of the organs of supreme authority٫ the autonomous regions٫
and the organs of local government٫ as well as the system of proportional
representation;
i) Plurality of expression and political organization٫ including political
parties and the right to a democratic opposition;
j) Separation and interdependence of the organs of supreme authority;
l) The scrutiny of legal provisions for active unconstitutionality and
unconstitutionality by omission;
m) The independence of the courts;
n) The autonomy of local authorities;
o) The political and administrative autonomy of the archipelagos of the Azores
and Madeira.
Article ۲۸۹ Circumstantial Limits to Revision
No act may be undertaken to revise the Constitution while a state of siege or
emergency is in force.
[Part V] Final and Transitional Provisions
Article ۲۹۰ Lex Ex Ante
(۱) The constitutional laws subsequent to ۲۵ April ۱۹۷۴ not safeguarded in this
chapter are considered ordinary laws٫ without prejudice to the provisions of
the following paragraph.
(۲) Ordinary law enacted before the entry into force of the Constitution
continues to be in force except in so far as it is contrary to the Constitution
or the principles laid down therein.
Article ۲۹۱ Districts
(۱) Pending concrete establishment of the administrative regions٫ the division
into districts of the areas not covered by them continue.
(۲) Each district has٫ on conditions to be laid down by law٫ a deliberating
assembly made up of representatives of the municipalities.
(۳) The civil governor٫ assisted by a council٫ is empowered to represent the
Government and exercise supervision in the area of the district.
Article ۲۹۲ Statute of Macao
(۱) While under Portuguese administration٫ the territory of Macao abides by a
statute adequate to its special situation.
(۲) The statute of the territory of Macao embodied in Law number ۱/۷۶٫ of ۱۷
Feb٫ and incorporating the amendments thereto that were introduced by Law
number ۵۳/۷۹٫ of ۱۴ Sep٫
continue in force.
(۳) Upon proposal of either the Legislative Assembly of Macao٫ or the Governor
of Macao٫ the latter after havinggg heard the Legislative Assembly of Macao٫
the Assembly of the Republic is empowered to amend or to replace the statute
after havinggg sought the opinion of the Council of State.
(۴) Where the proposal is approved with amendments٫ the President of the
Republic may not promulgate the decree of the Assembly of the Republic unless
the Legislative Assembly of Macao or٫ as appropriate٫ the Governor of Macao
give a favorable opinion.
(۵) The territory of Macao has its own judicial organization٫ autonomous and
adapted to the specificities of that territory٫ in conformity with the law;
the latter safeguards the principle of the independence of the judges.
Article ۲۹۳ Self-Determination and Independence of East Timor
(۱) Portugal remains bound by her responsibilities under international law to
promote and safeguard the right to self-determination and independence of East
Timor.
(۲) The President of the Republic and the Government have the powers to perform
all acts necessary for achieving the aims set forth in the preceding paragraph.
Article ۲۹۴ Indictment and Trial of Officers and Personnel of PIDE/DGS
(۱) Law No. ۸/۷۵ of ۲۵ July ۱۹۷۵ remains in force with the amendments made by
Law No. ۱۶/۷۵ of ۲۳ Dec ۱۹۷۵ and Law No. ۱۸/۷۵ of ۲۶ Dec ۱۹۷۵.
(۲) The offences referred to in Articles ۲ (۲)٫ ۳٫ ۴b and ۵ of the Law referred
to in the foregoing paragraph may be further defined by law.
(۳) The exceptional extenuating circumstances as provided for in Article ۷ of
the said Law may be specifically regulated by law.
Article ۲۹۵ Special Rule on Political Parties
The provisions of Article ۵۱ (۳) apply to the political parties set up before
the entry into force of the Constitution; the law lays down rules in that
respect.
Article ۲۹۶ Principles Applicable to the Re-Privatization Provided for in
Article ۸۵ (۱)
The framework law provided for in Article ۸۵ (۱) safeguards the fundamental
principles as follows: a) The re-privatization of the ownership or the right to
exploit means of production or other property nationalized after ۲۵ April ۱۹۷۴٫
as a rule and preferably٫ are carried out by way of open public competition٫
offers in the stock exchange or public subscriptttion;
b) The revenue obtained as a result of the re-privatizations is used only for
the purpose of redempting the national debt٫ sinking the debt of the State
owned businesses٫ servicing the debt contracted as a result of the
nationalizations٫ or new investments in the capital stock of the productive
sector;
c) The workers of re-privatized businesses in the process of re-privatization
keep all their rights and duties;
d) The workers of re-privatized businesses acquire the preferential right to
subscribe to a part of the latter”s capital stock;
e) The value of means of production and other property to be re-privatized is
previously estimated by two or more independent entities.
Article ۲۹۷ Provisional Statute of the Autonomous Region of Madeira
The provisional statute of the Autonomous Region of Madeira remains in force
until the entry into force of the corresponding definitive statute.
Article ۲۹۸ Date and Entry Into Force of the Constitution
(۱) The Constitution of the Portuguese Republic bears the date of the adoption
thereof by the Constituent Assembly٫ namely ۲ April ۱۹۷۶.
(۲) The Constitution of the Portuguese Republic enters into force on ۲۵ April
۱۹۷۶.