The Portuguese Constitution

The Portuguese Constitution serves as the supreme law of the land, establishing the fundamental framework for the state, citizen rights, and the organization of political power. This article outlines important laws, regulations, and Legal rights in Portugal.

Fundamental Principles and State Tasks

Portugal operates as a democratic state founded on the rule of law. The Constitution establishes several fundamental tasks for the state, including guaranteeing national independence and promoting the political, economic, social, and cultural conditions necessary for its maintenance. The state is charged with safeguarding fundamental rights and freedoms while respecting democratic principles and defending political democracy.

Central to Portugal’s constitutional framework is the promotion of citizens’ democratic participation and the advancement of people’s well-being, quality of life, and real equality. Portugal is defined as a unitary state with distinctive national symbols: the Flag of the 1910 Republic and the national anthem “A Portuguesa.” Portuguese is established as the official language of the republic.

Fundamental Rights and Duties

The Constitution’s approach to fundamental rights is comprehensive and universal, applying to all citizens with limited exceptions reserved exclusively for Portuguese nationals. Foreign nationals, stateless persons, and European Union citizens are generally accorded rights and duties under terms established by law, with specific exceptions for certain high offices and service roles.

A crucial aspect of Portugal’s constitutional framework is that precepts concerning rights, freedoms, and guarantees are directly applicable and must be interpreted in harmony with the Universal Declaration of Human Rights.

Personal Rights, Freedoms, and Guarantees

The Constitution establishes robust protections for personal rights. The right to life is fundamental, with human life declared inviolable and the death penalty explicitly prohibited. Personal integrity is protected through prohibitions against torture or cruel, degrading, or inhuman treatment or punishment.

Freedom and security are guaranteed, with specific legal exceptions for deprivation of liberty. The Constitution includes comprehensive safeguards in criminal procedure, including the presumption of innocence and the nullity of evidence obtained through torture, coercion, or improper interference. The right of habeas corpus is available against illegal arrest, imprisonment, or detention.

Portugal’s Constitution prohibits extradition or surrender for political reasons or for crimes punishable by death or irreversible physical damage. The right of asylum is guaranteed for those facing persecution for activities promoting democracy, liberation, peace, freedom, or human rights.

Additional personal rights include the inviolability of home and correspondence (with legal exceptions), rights concerning information technology use and data protection, and comprehensive rights related to family, marriage, and filiation. The Constitution ensures equality and protection for all family forms, including children born outside wedlock.

Freedom of expression and information, including press and media freedom, is guaranteed with prohibitions against censorship. Citizens have rights of reply and political response, while an independent administrative entity regulates media to ensure freedom, prevent concentration, maintain independence, and respect individual rights.

Political Rights, Freedoms, and Guarantees

Citizens have the right to participate in public life, with voting rights guaranteed for those aged eighteen and over. Access to public office is ensured under equal conditions for all citizens. The Constitution grants citizens the right to petition sovereignty entities or authorities for defense of their rights, the Constitution, laws, or the general interest.

A unique feature is the right of actio popularis, granted to everyone for defending interests such as public health, consumer rights, quality of life, environment, cultural heritage, or safeguarding public property. Political parties are recognized as essential participants in public life, entitled to rights such as broadcasting time and government information, while required to adhere to democratic principles.

Workers’ Rights, Freedoms, and Guarantees

The Constitution provides strong protections for workers, including guaranteed job security with prohibitions against dismissal without fair cause or for political or ideological motives. The right to strike is guaranteed, while lock-outs are prohibited, demonstrating Portugal’s commitment to balanced labor relations.

Economic, Social, and Cultural Rights and Duties

The Constitution establishes comprehensive economic, social, and cultural rights. The right to work is guaranteed alongside consumer rights and the right to private property (subject to public interest limitations with just compensation). Universal social security rights are established, along with the right to health protection through a universal and general national health service aimed at being free of charge.

Environmental rights are constitutionally protected, with citizens having both the right to a human, healthy, and ecologically balanced environment and the duty to defend it. Family protection is guaranteed, with fathers and mothers having specific rights to protection.

Education and cultural rights are extensive, with the state promoting democratization and ensuring access at all levels, including compulsory free basic education. While maintaining a public education network, the Constitution also recognizes and provides for inspection of private and cooperative education. Students and teachers have rights to democratic participation in schools, and there are guaranteed rights to physical education and sport.

Organisation of the Economy

Portugal’s Constitution establishes a mixed economic system guaranteeing the coexistence of three sectors of ownership: public, private, and cooperative and social sectors. The state has priority duties in economic and social fields, including promoting well-being, social justice, equal opportunities, and correcting inequalities, particularly through fiscal policy.

Economic and social development is guided by national plans, with the Economic and Social Council serving as an organ for consultation and coordination. The Constitution includes specific provisions regarding reprivatization of property nationalized after April 25, 1974, subject to particular principles and legal requirements.

Organisation of Political Power

The Constitution establishes that power resides in the people, exercised through four sovereignty entities: the President of the Republic, the Assembly of the Republic (Assembleia da República), the Government, and the Courts. These entities operate under principles of separation and interdependence of powers.

President of the Republic

The President serves as Head of State and Commander-in-Chief, elected by universal suffrage. Presidential powers include enacting laws, declaring states of siege or emergency, appointing the Prime Minister, and requesting Constitutional Court review of legislation.

Assembly of the Republic (Assembleia da República)

The Assembly represents all Portuguese citizens and holds political, legislative, and scrutiny powers over the Government and Public Administration. It has exclusive and partially exclusive legislative competences and can authorize the Government and regional assemblies to legislate on specific matters. Laws require passage by the Assembly, with specific majorities required for certain matters.

The Government

The Government conducts the country’s general policy and administers the State. It consists of the Prime Minister (appointed by the President) and other members. The Government’s Programme must be submitted to the Assembly of the Republic for approval. The Government is accountable to both the President and the Assembly and has both legislative competence (making executive laws) and administrative competences.

The Courts and Public Prosecution Service

Courts administer justice in the name of the people, operating independently and subject only to the law. Their decisions are obligatory and binding. The system includes various categories: courts of law, administrative and tax courts, and the Court of Auditors, which scrutinizes public finances. The Public Prosecution Service represents the state and defends interests established by law.

The Constitutional Court

The Constitutional Court has specific competence in legal and constitutional matters, including reviewing the constitutionality and legality of norms. Its powers include verifying positive unconstitutionality, conducting prior review of constitutionality before enactment, concrete review of court decisions applying unconstitutional norms, abstract review through declarations of unconstitutionality or illegality, and addressing unconstitutionality by omission when necessary legislative measures are not enacted. Its declarations typically have generally binding force.

Autonomous Regions of the Azores and Madeira

These regions have specific political and administrative systems based on their unique characteristics and aspirations. Their autonomy ensures democratic participation, development, and regional interest promotion. They possess powers defined in their statutes, including legislative autonomy over specific matters, with cooperation ensured between sovereignty entities and regional organs.

Local Government

Local authorities include parishes, municipalities, and administrative regions, which are public law bodies pursuing their populations’ interests. They have their own assets and finances, along with decision-making and executive organs. Municipalities share in direct tax revenue, and administrative regions may be created by law and instituted through referendum.

Public Administration

The Public Administration serves the public interest while respecting citizens’ rights and interests. All organs and agents are subject to the Constitution and law, operating under principles of equality, proportionality, justice, impartiality, and good faith. Citizens have specific rights and guarantees regarding the Administration, including rights to information, file access, notification of acts with grounds, and effective jurisdictional oversight.

Constitutional Revision

The Constitution may be revised by the Assembly of the Republic, subject to material limits that protect core democratic principles. These limits prevent revision that would disrespect national independence, the republican form of government, fundamental rights, separation of powers, judicial independence, or regional autonomy. Constitutional revision is restricted during states of siege or emergency.

Environmental, Social, and Governance (ESG) Law in Portugal

Portugal’s ESG regulatory framework is significantly shaped by EU-driven initiatives, national policies, and global sustainability trends, reflecting the country’s commitment to sustainable development and corporate responsibility.

Key Regulations and Initiatives

Portugal implements several crucial EU regulations that form the backbone of its ESG framework. The EU Taxonomy Regulation provides classification for environmentally sustainable activities, creating clear standards for green investments and business practices.

The Corporate Sustainability Reporting Directive (CSRD) represents a major advancement, requiring detailed sustainability reporting from large companies and listed SMEs. This directive expands reporting scope and mandates auditing and digital reporting on environmental, social, and governance factors, including workforce diversity and labor rights.

The Sustainable Finance Disclosure Regulation (SFDR) mandates disclosure of ESG integration in investment processes by financial institutions, ensuring transparency in sustainable finance. Portugal also implements the European Green Deal and Fit for 55 initiatives, targeting ambitious net-zero goals.

Additional key regulations include the Green Bond Standard Regulation and the Carbon Border Adjustment Mechanism (CBAM) for imported goods, creating comprehensive coverage of ESG considerations across different economic sectors. The Shareholders’ Rights Directive II, which strengthens shareholder rights, has been successfully transposed into Portuguese national law.

National Drivers and Policies

The Portuguese government serves as a primary driver of ESG advancement, actively promoting sustainable economic growth and ensuring adherence to international standards. This includes ambitious decarbonization goals and social inclusion measures implemented through strategic planning, notably the Roadmap to Carbon Neutrality.

Key national initiatives include the National Climate and Energy Plan (PNEC 2030), which sets comprehensive targets for renewable energy and emissions reduction. Decree-Law 89/2021 addresses sustainable finance specifically within the Portuguese context, while the Portuguese Securities Market Commission (CMVM) has implemented initiatives for non-financial information disclosure.

Social and labor reforms addressing fair wages, diversity, inclusion, and working conditions are integrated into Portugal’s ESG agenda. These reforms are overseen by specialized entities including the Authority for Working Conditions (ACT) and the Commission for Equality in Labour and Employment (CITE).

The Climate Framework Law establishes Portugal’s most ambitious environmental targets, setting goals for emissions reduction and achieving climate neutrality by 2050, demonstrating the country’s commitment to leadership in climate action.

ESG Integration in Business and Finance

Portuguese companies are increasingly integrating ESG considerations into their operations, focusing on three main areas: environmental issues including climate change, emissions reduction, and biodiversity protection; social factors encompassing human rights, working conditions, and diversity; and governance aspects covering ethics, anti-corruption measures, and board structure.

While company boards of directors maintain responsibility for overall management, current Portuguese law does not impose direct legal obligations specifically regarding ESG issues for directors, apart from generic requirements in applicable legislation. However, this regulatory landscape continues to evolve.

Financial regulators, particularly the Bank of Portugal (Banco de Portugal) and the CMVM, play crucial roles in ensuring compliance with ESG reporting and disclosure standards, creating a comprehensive regulatory environment that supports sustainable business practices.

Special Needs and Inclusive Education in Portugal

Portugal has undergone significant evolution in its approach to special education, transitioning from segregated models to a comprehensive inclusive education system that serves all learners effectively.

Policy Evolution in Inclusive Education

Portugal’s journey toward inclusive education began with early initiatives including the creation of special classes in primary schools in 1946 and the establishment of special education centers. Over time, policies evolved to encourage integrated teaching approaches and increase mainstream schools’ responsibility for learners with disabilities or learning difficulties.

The underlying philosophy of “Education for all” is founded on principles of equal opportunity and social justice, significantly influenced by international statements such as the Salamanca Statement, which emphasized the importance of inclusive education for all children.

Inclusive Education Legislation (Decree-Law No. 54/2018)

Decree-Law No. 54/2018, which came into force on July 6, 2018, represents a landmark development in Portuguese inclusive education. This comprehensive legislation aims to achieve high-quality, equitable education within an inclusive system that effectively serves all learners, including vulnerable groups.

A fundamental aspect of this law is its move away from categorizing learners based on diagnoses or clinical labels. Instead, it focuses on creating differentiated learning paths for all students to reach the Learner Profile established for the end of compulsory education. This approach recognizes that all students have unique learning needs and potentials.

The legislation reinforces every student’s right to inclusive education that addresses their individual potential and needs while promoting participation, belonging, and equity. The curriculum and learning processes are central to this approach, supported by universal design for learning principles and multi-level educational approaches.

Significantly, the law strengthens the role of parents and guardians, ensuring their full involvement in their children’s educational journey and decision-making processes.

Support Structures and Resource Centres

Portugal’s inclusive education system is supported by a comprehensive national network of ICT Resource Centres and Resource Centres for Inclusion (RCIs), which evolved from former special schools. This transformation represents a fundamental shift in approach to supporting students with special educational needs.

The conversion of special schools into RCIs, initiated in 2008, is considered essential for implementing Article 24 of the United Nations Convention on the Rights of Persons with Disabilities. These centers provide specialized support and resources to mainstream schools, ensuring that all students can access appropriate educational support within inclusive environments.

This network ensures that mainstream schools have access to specialized expertise and resources while maintaining the principle that all students should be educated together in their local community schools whenever possible.

Portugal’s Role in International Law

Portugal maintains an active and committed presence in international legal forums, demonstrating its dedication to the progressive development and codification of international law as a foundation for peaceful international relations.

Participation in the United Nations 6th Committee

Portugal places significant importance on its annual participation in the 6th Committee of the United Nations General Assembly, which deals specifically with legal affairs. This committee serves as the primary forum within the UN system for addressing legal aspects of international relations and developing international legal frameworks.

Through its consistent participation, Portugal contributes to the development of international legal standards and practices, reflecting its commitment to multilateralism and the rule of law in international affairs.

Focus Areas in International Legal Policy

The 6th Committee addresses a broad range of legal issues relevant to contemporary international relations. Key areas of focus include discussion of the International Law Commission’s reports, which contribute to the progressive development and codification of international law.

The committee addresses critical legal aspects of issues including international terrorism, promotion of the rule of law at national and international levels, the international responsibility of states for internationally wrongful acts, and environmental protection within international legal frameworks.

Portugal’s foreign policy includes dedicated sections focused on Human Rights and International Law, demonstrating the country’s commitment to integrating legal principles into its international relations. This approach reflects Portugal’s understanding that respect for international law and human rights forms the foundation for peaceful coexistence and cooperation among nations.

Through its active participation in these international legal forums, Portugal contributes to building a more just and stable international order based on the rule of law, while also ensuring that its own legal system remains aligned with evolving international standards and best practices.