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Table of Contents

  1. Preamble
  2. Fundamental principles
  3. Part I. Fundamental rights and duties
  4. TITLE I. GENERAL PRINCIPLES
  5. TITLE II. RIGHTS, FREEDOMS AND GUARANTEES
  6. CHAPTER I. PERSONAL RIGHTS, FREEDOMS AND GUARANTEES
  7. CHAPTER II. RIGHTS, FREEDOMS AND GUARANTEES CONCERNING PARTICIPATION IN POLITICS
  8. CHAPTER III. WORKERS' RIGHTS, FREEDOMS AND GUARANTEES
  9. TITLE III. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES
  10. CHAPTER I. ECONOMIC RIGHTS AND DUTIES
  11. CHAPTER II. SOCIAL RIGHTS AND DUTIES
  12. CHAPTER III. CULTURAL RIGHTS AND DUTIES
  13. Part II. Organisation of the economy
  14. TITLE I. GENERAL PRINCIPLES
  15. TITLE II. PLANS
  16. TITLE III. AGRICULTURAL, COMMERCIAL AND INDUSTRIAL POLICIES
  17. TITLE IV. FINANCIAL AND FISCAL SYSTEM
  18. Part III. Organisation of political power
  19. TITLE I. GENERAL PRINCIPLES
  20. TITLE II. PRESIDENT OF THE REPUBLIC
  21. CHAPTER I. STATUS, ROLE AND ELECTION
  22. CHAPTER II. RESPONSIBILITIES
  23. CHAPTER III. COUNCIL OF STATE
  24. TITLE III. ASSEMBLY OF THE REPUBLIC
  25. CHAPTER I. STATUS, ROLE AND ELECTION
  26. CHAPTER II. RESPONSIBILITIES
  27. CHAPTER III. ORGANISATION AND PROCEEDINGS
  28. TITLE IV. GOVERNMENT
  29. CHAPTER I. FUNCTION AND STRUCTURE
  30. CHAPTER II. FORMATION AND RESPONSIBILITIES
  31. CHAPTER III. RESPONSIBILITIES
  32. TITLE V. COURTS
  33. CHAPTER I. GENERAL PRINCIPLES
  34. CHAPTER II. ORGANISATION OF THE COURTS
  35. CHAPTER III. STATUS OF JUDGES
  36. CHAPTER IV. PUBLIC PROSECUTORS' OFFICE
  37. TITLE VI. CONSTITUTIONAL COURT
  38. TITLE VII. AUTONOMOUS REGIONS
  39. TITLE VIII. LOCAL GOVERNMENT
  40. CHAPTER I. GENERAL PRINCIPLES
  41. CHAPTER II. PARISHES
  42. CHAPTER III. MUNICIPALITIES
  43. CHAPTER IV. ADMINISTRATIVE REGIONS
  44. CHAPTER V. RESIDENTS' ORGANISATIONS
  45. TITLE IX. PUBLIC ADMINISTRATION
  46. TITLE X. NATIONAL DEFENCE
  47. Part IV. Guaranteeing and revision of the Constitution
  48. TITLE I. REVIEW OF CONSTITUTIONALITY
  49. TITLE II. REVISION OF THE CONSTITUTION
  50. Final and transitional provisions

Constitution of Portugal (1976, rev. 2005)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4On the 25th of April 1974 the Armed Forces Movement crowned the long years of resistance and reflected the deepest feelings of the Portuguese people by overthrowing the fascist regime.

5Freeing Portugal from dictatorship, oppression and colonialism was a revolutionary change and the beginning of an historic turning point for Portuguese society.

6The Revolution restored their fundamental rights and freedoms to the people of Portugal. In the exercise of those rights and freedoms, the people's legitimate representatives have come together to draw up a Constitution that matches the country's aspirations.

7The Constituent Assembly affirms the Portuguese people's decision to defend national independence, guarantee fundamental citizens' rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a socialist society, with respect for the will of the Portuguese people and with a view to the construction of a country that is freer, more just and more fraternal.

8Meeting in plenary session on 2 April 1976, the Constituent Assembly does hereby pass and decree the following Constitution of the Portuguese Republic:

9Fundamental principles

10ARTICLE 1. PORTUGUESE REPUBLIC

11Portugal shall be a sovereign Republic, based on the dignity of the human person and the will of the people and committed to building a free, just and solidary society.

12ARTICLE 2. DEMOCRATIC STATE BASED ON THE RULE OF LAW

13The Portuguese Republic shall be a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and organisation, respect for and the guarantee of the effective implementation of fundamental rights and freedoms, and the separation and interdependence of powers, all with a view to achieving economic, social and cultural democracy and deepening participatory democracy.

14ARTICLE 3. SOVEREIGNTY AND LEGALITY

151. Sovereignty shall be single and indivisible and shall lie with the people, who shall exercise it in the forms provided for in this Constitution.

162. The state shall be subject to this Constitution and shall be based on the democratic rule of law.

173. The validity of laws and other acts of the state, the autonomous regions, local government and any other public bodies shall be dependent on their conformity with this Constitution.

18ARTICLE 4. PORTUGUESE CITIZENSHIP

19All persons whom the law or international convention consider to be Portuguese citizens shall be such citizens.

20ARTICLE 5. TERRITORY

211. Portugal shall comprise that territory on the European mainland which is historically defined as Portuguese, and the Azores and Madeira archipelagos.

222. The law shall define the extent and limit of Portugal's territorial waters, its exclusive economic zone and its rights to the adjacent seabed.

233. Without prejudice to the rectification of borders, the state shall not dispose of title to any part of Portuguese territory or of the sovereign rights that it exercises thereover.

24ARTICLE 6. UNITARY STATE

251. The state shall be unitary and shall be organised and function in such a way as to respect the autonomous island system of self-government and the principles of subsidiarity, the autonomy of local authorities and the democratic decentralisation of the Public Administration.

262. The Azores and Madeira archipelagos shall be autonomous regions with their own political and administrative statutes and self-government institutions.

27ARTICLE 7. INTERNATIONAL RELATIONS

281. In its international relations Portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind.

292. Portugal shall advocate the abolition of imperialism, colonialism and all other forms of aggression, dominion and exploitation in the relations between peoples, as well as simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples.

303. Portugal shall recognise peoples' rights to self-determination and independence and to development, as well as the right to insurrection against all forms of oppression.

314. Portugal shall maintain privileged ties of friendship and cooperation with Portuguese-speaking countries.

325. Portugal shall make every effort to reinforce the European identity and to strengthen the European states' actions in favour of democracy, peace, economic progress and justice in the relations between peoples.

336. Subject to reciprocity and to respect for the fundamental principles of a democratic state based on the rule of law and for the principle of subsidiarity, and with a view to the achievement of the economic, social and territorial cohesion of an area of freedom, security and justice and the definition and implementation of a common external, security and defence policy, Portugal may enter into agreements for the exercise jointly, in cooperation or by the Union's institutions, of the powers needed to construct and deepen the European Union.

347. With a view to achieving an international justice that promotes respect for the rights of both individual human persons and peoples, and subject to the provisions governing complementarity and the other terms laid down in the Rome Statute, Portugal may accept the jurisdiction of the International Criminal Court.

35ARTICLE 8. INTERNATIONAL LAW

361. The rules and principles of general or common international law shall form an integral part of Portuguese law.

372. The rules set out in duly ratified or passed international agreements shall come into force in Portuguese internal law once they have been officially published, and shall remain so for as long as they are internationally binding on the Portuguese state.

383. Rules issued by the competent bodies of international organisations to which Portugal belongs shall come directly into force in Portuguese internal law, on condition that this is laid down in the respective constituent treaties.

394. The provisions of the treaties that govern the European Union and the rules issued by its institutions in the exercise of their respective responsibilities shall apply in Portuguese internal law in accordance with Union law and with respect for the fundamental principles of a democratic state based on the rule of law.

40ARTICLE 9. FUNDAMENTAL TASKS OF THE STATE

41The fundamental tasks of the state shall be:

42a.To guarantee national independence and create the political, economic, social and cultural conditions that promote it;

43b.To guarantee fundamental rights and freedoms and respect for the principles of a democratic state based on the rule of law;

44c.To defend political democracy and safeguard and encourage citizens' democratic participation in the resolution of national problems;

45d.To promote the people's well-being and quality of life and real equality between the Portuguese, as well as the effective implementation of economic, social, cultural and environmental rights by means of the transformation and modernisation of economic and social structures;

46e.To protect and enhance the Portuguese people's cultural heritage, defend nature and the environment, preserve natural resources and ensure proper town and country planning;

47f.To ensure education and permanent personal enhancement, and safeguard the use and promote the international dissemination of the Portuguese language;

48g.To promote the harmonious development of the whole of Portuguese territory, with particular regard to the ultraperipheral nature of the Azores and Madeira archipelagos;

49h.To promote equality between men and women.

50ARTICLE 10. UNIVERSAL SUFFRAGE AND POLITICAL PARTIES

511. The people shall exercise political power by means of universal, equal, direct, secret and periodic suffrage, referendum and the other forms provided for in this Constitution.

522. Political parties shall contribute to the organisation and expression of the will of the people, with respect for the principles of national independence, the unity of the state and political democracy.

53ARTICLE 11. NATIONAL SYMBOLS AND OFFICIAL LANGUAGE

541. The National Flag, which shall be the symbol of the sovereignty of the Republic and of Portugal's independence, unity and integrity, shall be that adopted by the Republic formed by the Revolution of the 5th of October 1910.

552. The national anthem shall be A Portuguesa.

563. The official language shall be Portuguese.

57Part I. Fundamental rights and duties

58TITLE I. GENERAL PRINCIPLES

59ARTICLE 12. PRINCIPLE OF UNIVERSALITY

601. Every citizen shall enjoy the rights and be subject to the duties enshrined in this Constitution.

612. Bodies corporate shall enjoy such rights and be subject to such duties as are compatible with their nature.

62ARTICLE 13. PRINCIPLE OF EQUALITY

631. Every citizen shall possess the same social dignity and shall be equal before the law.

642. No one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation.

65ARTICLE 14. PORTUGUESE ABROAD

66Portuguese citizens who find themselves or who reside abroad shall enjoy the state's protection in the exercise of such rights and shall be subject to such duties as are not incompatible with their absence from the country.

67ARTICLE 15. FOREIGNERS, STATELESS PERSONS, EUROPEAN CITIZENS

681. Foreigners and stateless persons who fund themselves or who reside in Portugal shall enjoy the same rights and be subject to the same duties as Portuguese citizens.

692. Political rights, the exercise of public offices that are not predominantly technical in nature, and the rights that this Constitution and the law reserve exclusively to Portuguese citizens shall be excepted from the provisions of the previous paragraph.

703. With the exceptions of appointment to the offices of President of the Republic, President of the Assembly of the Republic, Prime Minister and President of any of the supreme courts, and of service in the armed forces and the diplomatic corps, in accordance with the law and subject to reciprocity, such rights as are not otherwise granted to foreigners shall apply to citizens of Portuguese-speaking states who reside permanently in Portugal.

714. Subject to reciprocity, the law may grant foreigners who reside in Portugal the right to vote for and stand for election as local councillors.

725. Subject to reciprocity, the law may also grant citizens of European Union Member States who reside in Portugal the right to vote for and stand for election as Members of the European Parliament.

73ARTICLE 16. SCOPE AND INTERPRETATION OF FUNDAMENTAL RIGHTS

741. The fundamental rights enshrined in this Constitution shall not exclude such other rights as may be laid down by law and in the applicable rules of international law.

752. The provisions of this Constitution and of laws concerning fundamental rights shall be interpreted and construed in accordance with the Universal Declaration of Human Rights.

76ARTICLE 17. RULES GOVERNING RIGHTS, FREEDOMS AND GUARANTEES

77The set of rules governing rights, freedoms and guarantees shall apply to those set out in Title II and to fundamental rights of a similar nature.

78ARTICLE 18. LEGAL FORCE

791. This Constitution's provisions with regard to rights, freedoms and guarantees shall be directly applicable to and binding on public and private persons and bodies.

802. The law may only restrict rights, freedoms and guarantees in cases expressly provided for in this Constitution, and such restrictions shall be limited to those needed to safeguard other rights and interests protected by this Constitution.

813. Laws that restrict rights, freedoms and guarantees shall possess an abstract and general nature and shall not possess a retroactive effect or reduce the extent or scope of the essential content of the provisions of this Constitution.

82ARTICLE 19. SUSPENSION OF THE EXERCISE OF RIGHTS

831. Bodies that exercise sovereign power shall not jointly or separately suspend the exercise of rights, freedoms and guarantees, save in the case of a state of siege or a state of emergency declared in the form provided for in this Constitution.

842. A state of siege or a state of emergency may only be declared in part or all of Portuguese territory in cases of actual or imminent aggression by foreign forces, a serious threat to or disturbance of constitutional democratic order, or public disaster.

853. A state of emergency shall be declared when the preconditions referred to in the previous paragraph are less serious, and shall only cause the suspension of the some of the rights, freedoms and guarantees that are capable of being suspended.

864. Both the choice between a state of siege and a state of emergency and the declaration and implementation thereof shall respect the principle of proportionality and shall limit themselves, particularly as regards their extent and duration and the means employed, to that which is strictly necessary to promptly restore constitutional normality.

875. Declarations of a state of siege or a state of emergency shall set out adequate grounds therefore and shall specify the rights, freedoms and guarantees that are to be suspended. Without prejudice to the possibility of renewal subject to the same limits, neither may last for more than fifteen days, or, in the event that it results from a declaration of war, for more than the duration determined by law.

886. Under no circumstances shall a declaration of a state of siege or a state of emergency affect the rights to life, personal integrity, personal identity, civil capacity and citizenship, the non-retroactivity of the criminal law, defendants' right to a defence, or freedom of conscience and religion.

897. Declarations of a state of siege or a state of emergency may only alter constitutional normality in the manner provided for in this Constitution and the law. In particular, they shall not affect the application of the constitutional rules concerning the responsibilities and functioning of the bodies that exercise sovereign power or of the self-government bodies of the autonomous regions, or the rights and immunities of the holders of such offices.

908. Declarations of a state of siege or a state of emergency shall grant the public authorities the power and responsibility to take the appropriate steps needed to promptly restore constitutional normality.

91ARTICLE 20. ACCESS TO LAW AND EFFECTIVE JUDICIAL PROTECTION

921. Everyone shall be guaranteed access to the law and the courts in order to defend those of his rights and interests that are protected by law, and justice shall not be denied to anyone due to lack of financial means.

932. Subject to the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority.

943. The law shall define and ensure adequate protection of the secrecy of legal proceedings.

954. Everyone shall possess the right to secure a ruling in any suit to which he is a party, within a reasonable period of time and by means of fair process.

965. For the purpose of safeguarding personal rights, freedoms and guarantees and in such a way as to secure effective and timely judicial protection against threats thereto or breaches thereof, the law shall ensure citizens judicial proceedings that are characterised by their swiftness and by the attachment of priority to them.

97ARTICLE 21. RIGHT OF RESISTANCE

98Everyone shall possess the right to resist any order that infringes their rights, freedoms or guarantees and, when it is not possible to resort to the public authorities, to use force to repel any aggression.

99ARTICLE 22. LIABILITY OF PUBLIC BODIES

100Jointly with their officeholders, staff and agents, the state and all other public bodies shall be civilly liable for such actions or omissions in the performance of their functions as result in a breach of rights, freedoms or guarantees or in any loss to others.

101ARTICLE 23. OMBUDSMAN

1021. Citizens may submit complaints against actions or omissions by the public authorities to the Ombudsman, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices.

1032. The Ombudsman's work shall be independent of any acts of grace or legal remedies provided for in this Constitution or the law.

1043. The Ombudsman's office shall be an independent body and the Assembly of the Republic shall appoint the Ombudsman for such time as the law may determine.

1054. The bodies and agents of the Public Administration shall cooperate with the Ombudsman in the fulfilment of his mission.

106TITLE II. RIGHTS, FREEDOMS AND GUARANTEES

107CHAPTER I. PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

108ARTICLE 24. RIGHT TO LIFE

1091. Human life shall be inviolable.

1102. The death penalty shall not exist under any circumstances.

111ARTICLE 25. RIGHT TO PERSONAL INTEGRITY

1121. Every person's moral and physical integrity shall be inviolable.

1132. No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment.

114ARTICLE 26. OTHER PERSONAL RIGHTS

1151. Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination.

1162. The law shall lay down effective guarantees against the procurement and misuse of information concerning persons and families and its use contrary to human dignity.

1173. The law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation, development and use of technologies and in scientific experimentation.

1184. Deprivation of citizenship and restrictions on civil capacity may only occur in such cases and under such terms as may be provided for by law, and shall not be based on political motives.

119ARTICLE 27. RIGHT TO FREEDOM AND SECURITY

1201. Everyone shall possess the right to freedom and security.

1212. No one may be wholly or partially deprived of their freedom, except as a consequence of a judicial sentence imposed for the practise of an act that is punishable by law with a prison term or the imposition by a court of a security measure.

1223. The following cases of deprivation of freedom for such time and under such conditions as the law may determine shall be exceptions to this principle:

123a.Detention in flagrante delicto;

124b.Detention or remand in custody where there is strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years;

125c.The imposition of imprisonment, detention or any other coercive measure subject to judicial control, on a person who improperly entered or is improperly present in Portuguese territory, or who is currently the object of extradition or deportation proceedings;

126d.The imposition of disciplinary imprisonment on military personnel. Such imprisonment shall be subject to appeal to the competent court;

127e.The subjection of a minor to measures intended to protect, assist or educate him in a suitable establishment, when ordered by the competent court of law;

128f.Detention under a court order for disobeying a court ruling or to ensure appearance before a competent judicial authority;

129g.Detentions of suspects for identification purposes, in such cases and for such time as may be strictly necessary;

130h.Committal of a person suffering from a psychic anomaly to an appropriate therapeutic establishment, when ordered or confirmed by a competent judicial authority.

1314. Every person who is deprived of his freedom shall immediately be informed in an understandable manner of the reasons for his arrest, imprisonment or detention and of his rights.

1325. Deprivation of freedom contrary to the provisions of this Constitution and the law shall place the state under a duty to compensate the aggrieved person in accordance with the law.

133ARTICLE 28. REMAND IN CUSTODY

1341. Within at most forty-eight hours, all detentions shall be submitted to judicial scrutiny with a view to either the detainee's release or the imposition of an appropriate coercive measure. The judge shall become acquainted with the reasons for the detention and shall inform the detainee thereof, question him and give him the opportunity to present a defence.

1352. Remand in custody shall be exceptional in nature and shall not be ordered or maintained whenever it is possible to grant bail or apply another, more favourable measure provided for by law.

1363. Notification of any court order that institutes or maintains a measure entailing the deprivation of freedom shall immediately be given to such relative or other person of trust as the detainee may nominate.

1374. Remand in custody shall be subject to the time limits laid down by law.

138ARTICLE 29. APPLICATION OF CRIMINAL LAW

1391. No one shall be sentenced under the criminal law unless the action or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law.

1402. The provisions of the previous paragraph shall not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of commonly recognised international law at the moment of its commission.

1413. No sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law.

1424. No one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled. However, criminal laws the content of which is more favourable to the defendant shall be applied retroactively.

1435. No one shall be tried more than once for the same crime.

1446. Citizens who are unjustly convicted shall possess the right to the review of their sentences and to compensation for such damages as they have suffered, as laid down by law.

145ARTICLE 30. LIMITS ON SENTENCES AND SECURITY MEASURES

1461. No sentence or security measure that deprives or restricts freedom shall be perpetual in nature or possess an unlimited or undefined duration.

1472. In cases of danger based on serious psychic abnormality in which therapy in an open environment is impossible, security measures that deprive or restrict freedom may be successively extended for such time as the psychic state in question is maintained, but always by means of a judicial ruling.

1483. Criminal liability shall not be transferable.

1494. No sentence shall automatically result in the loss of any civil, professional or political right.

1505. Convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to such limitations as are inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences.

151ARTICLE 31. HABEAS CORPUS

1521. Habeas corpus shall be available to counter the misuse of power in the form of illegal arrest, imprisonment or detention. Application for it shall be made to the competent court.

1532. Application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen exercising his political rights.

1543. Within eight days of an application for habeas corpus the judge shall rule thereon in a hearing that shall be subject to pleading and counter-pleading.

155ARTICLE 32. SAFEGUARDS IN CRIMINAL PROCEEDINGS

1561. Criminal proceedings shall ensure all necessary safeguards for the defence, including the right to appeal.

1572. Every defendant shall be presumed innocent until his sentence has transited in rem judicatam, and shall be brought to trial as quickly as is compatible with the safeguards of the defence.

1583. Defendants shall possess the right to choose counsel and to be assisted by him in relation to every procedural act. The law shall specify those cases and phases of proceedings in which the assistance of a lawyer shall be mandatory.

1594. Preliminary investigations shall be conducted entirely under the responsibility of a judge, who may, subject to the terms of the law, delegate the practise of such investigative acts as do not directly concern fundamental rights to other persons or bodies.

1605. Criminal proceedings shall possess an accusatorial structure, and trial hearings and such preliminary investigative acts as the law may require shall be subject to the principle of pleading and counter-pleading.

1616. The law shall define the cases in which, subject to the safeguarding of the rights of the defence, the presence of the defendant or the accused at procedural acts, including trial hearings, may be dispensed with.

1627. Victims shall possess the right to take part in proceedings, as laid down by law.

1638. All evidence obtained by torture, coercion, infringement of personal physical or moral integrity, improper intromission into personal life, the home, correspondence or telecommunications shall be deemed null and void.

1649. No case shall be withdrawn from a court that already had jurisdiction under an earlier law.

16510. Defendants in proceedings concerning administrative offences or in any proceedings in which penalties may be imposed shall possess the right to be heard and to a defence.

166ARTICLE 33. DEPORTATION, EXTRADITION AND RIGHT OF ASYLUM

1671. Portuguese citizens shall not be deported from Portuguese territory.

1682. Deportation of anyone who properly entered or is properly present in Portuguese territory, has been granted a residence permit, or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall ensure expedite forms of ruling in such cases.

1693. The extradition of Portuguese citizens from Portuguese territory shall only be permissible where an international agreement has established reciprocal extradition arrangements, or in cases of terrorism or international organised crime, and on condition that the applicant state's legal system enshrines guarantees of a just and fair trial.

1704. Extradition for crimes that are punishable under the applicant state's law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, shall only be permissible in the event that the applicant state is a party to an international agreement in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed.

1715. The provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the European Union.

1726. No one shall be extradited or handed over under any circumstances for political reasons, or for crimes which are punishable under the applicant state's law by death or by any other sentence that results in irreversible damage to a person's physical integrity.

1737. Extradition shall only be ordered by a judicial authority.

1748. The right of asylum shall be guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or rights of the human person.

1759. The law shall define the status of political refugee.

176ARTICLE 34. INVIOLABILITY OF HOME AND CORRESPONDENCE

1771. Personal homes and the secrecy of correspondence and other means of private communication shall be inviolable.

1782. Entry into a citizen's home may only be ordered by the competent judicial authority and then only in such cases and in compliance with such forms as may be laid down by law.

1793. No one shall enter any person's home at night without his consent, save in situations of flagrante delicto, or with judicial authorisation in cases of especially violent or highly organised crime, including terrorism and trafficking in persons, arms or narcotics, as laid down by law.

1804. The public authorities shall be prohibited from interfering in any way with correspondence, telecommunications or other means of communication, save in such cases as the law may provide for in relation to criminal proceedings.

181ARTICLE 35. USE OF COMPUTERS

1821. Every citizen shall possess the right to access to all computerised data that concern him, to require that they be corrected and updated, and to be informed of the purpose for which they are intended, all as laid down by law.

1832. The law shall define the concept of personal data, together with the terms and conditions applicable to its automatised treatment and its linkage, transmission and use, and shall guarantee its protection, particularly by means of an independent administrative body.

1843. Computers shall not be used to treat data concerning philosophical or political convictions, party or trade union affiliations, religious beliefs, private life or ethnic origins, save with the express consent of the datasubject, with authorisation provided for by law and with guarantees of nondiscrimination, or for the purpose of processing statistical data that cannot be individually identified.

1854. Third-party access to personal data shall be prohibited, save in exceptional cases provided for by law.

1865. The allocation of a single national number to any citizen shall be prohibited.

1876. Everyone shall be guaranteed free access to public-use computer networks, and the law shall define both the rules that shall apply to cross-border data flows and the appropriate means for protecting personal data and such other data as may justifiably be safeguarded in the national interest.

1887. Personal data contained in manual files shall enjoy the same protection as that provided for in the previous paragraphs, as laid down by law.

189ARTICLE 36. FAMILY, MARRIAGE AND FILIATION

1901. Everyone shall possess the right to found a family and to marry on terms of full equality.

1912. The law shall regulate the requirements for and the effects of marriage and its dissolution by death or divorce, regardless of the form in which it was entered into.

1923. Spouses shall possess equal rights and duties in relation to their civil and political capacity and to the maintenance and education of their children.

1934. Children born outside wedlock shall not be the object of any discrimination for that reason, and neither the law, nor official departments or services may employ discriminatory terms in relation to their filiation.

1945. Parents shall possess the right and the duty to educate and maintain their children.

1956. Children shall not be separated from their parents, save when the latter do not fulfil their fundamental duties towards them, and then always by judicial order.

1967. Adoption shall be regulated and protected by law, which shall lay down swift forms of completion of the necessary requirements.

197ARTICLE 37. FREEDOM OF EXPRESSION AND INFORMATION

1981. Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination.

1992. Exercise of the said rights shall not be hindered or limited by any type or form of censorship.

2003. Infractions committed in the exercise of the said rights shall be subject to the general principles of the criminal law or the law governing administrative offences, and shall be brought before the courts of law or an independent administrative body respectively, as laid down by law.

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  • anti-slavery
  • Articles of Confederation
  • Bill of Rights
  • confederacy
  • compromise
  • electoral college
  • failures
  • Luther Martin
  • legislature
  • judicial branch
  • Magna Carta
  • morality
  • New Jersey Plan
  • navigation acts
  • journal
  • John Dickinson
  • Federalist
  • federalism
  • General Pinckney
  • George Washington
  • James Madison
  • international trade
  • 3/5 clause
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