# Constitution of the Portuguese Republic (1976)

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On 25 April 1974 the Armed Forces Movement,setting the seal on the Portuguese people's long resistance and interpreting its deep-seated feelings, overthrew the Fascist Régime. The Revolution restored fundamental rights and freed oms to the people of Portugal.In the exercise of those rights and freedoms,the people's legitimate represen tatives have met to draw up a Constitution that meets the country's aspirations. T h e C o n s t i t u e n t A s s e m b l y , m e e t i n g in p l e n a r y s e s s i o n on 2 April 1976, approves and decrees the following Constitution of the Portuguese Republic.
The liberation of Portugal from dictatorship, oppres sion and colonialism represented a revolutionary change and an historic new beginning in Portuguese society. 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 a socialist society, respecting the will of the Portuguese people and keeping in view the building of a freer,more just and more fraternal country.
Portuguese Republic Portugal is a sovereign Republic based on the dignity of the human person and the will of the people and committed to its own transformation into a class less society. Democratic state and transition to socialism The Portuguese Republic is a democratic state based on the sovereignty of the people,on respect for and the safeguarding of fundamental rights and free doms and on plurality of democratic expression and democratic political organisation, whose object is to ensure the transition to socialism by creating the conditions for dernocratic exercise of power by the working classes. ARTICLE 3 Sovereignty and legality 1. Sovereignty,oneandindivisible,restswiththe people, who shall exercise it in accordance with the forms laid down in the Constitution. 2. The Armed Forces Movement,as guarantor of the dernocratic conquests and the revolutionary pro cess,shall participate, in alliance with the people,in the exercise of supreme authority in accordance with the Constitution .
ARTICLE 2 17
4. The State shall be subject to the Constitution and based on democratic legality. ARTICLE 5 4. TheterritoryofMacao,underPortugueseadmi nistration, shall be governed by a Statute in keeping with its special situation. ARTICLE 6
All persons are Portuguese citizens who are consi dered as such by law or under an international convention . Territory Portugal comprises the territory defined by history on the European continent and the archipelagos of the Azores and Madeira. 2. Thestateshallnot,exceptforfrontierrectifica tions,alienate any part of the Portuguese territory or of the sovereign rights it exercises over it. 3. The extent and limits of territorial waters and the rights of Portugal to adjacent sea beds shall be defined by law. Unitary State 1. The state is a unitary one organised to respect the principles of the autonomy of local authorities and democratic decentralisation of the administration. 18 ARTICLE 4
shall constitute autonomous regions with their own political and administrative statutes. International relations 1. In its international relations Portugal shall be governed by the principles of national independence, the right of peoples to self-determination and indepen dence,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 . 2. Portugal shall advocate the abolition of all forms of imperialism, colonialism and aggression, si multaneous and controlled general disarmament, the dissolution of politico-military blocs and the establish ment of a system of collective security,with a view to creating an international order capable of safeguarding peace and justice in relations between peoples. 3. Portugal recognises the right of peoples to revolt against all forms of oppression, in particular colonialism and imperialism,and shall maintain special bonds of friendship and co-operation with Portuguese speaking countries. ARTICLE 8 International law 1. The rules and principles of general or ordinary international law shall be an integral part of Portuguese law . 2. Rules derived from international conventions duly ratified or approved shall, following their official publication,apply in municipal law in so far as they are internationally binding on the Portuguese State. 19
Basic tasks of the State The basic tasks of the state shall be: a.To safeguard national independence and create the political,economic,social and cultural con ditions conducive to it; b. To secure organised participation by the people in the solving of national problems,to defend political democracy and to ensure respect for alth, in forms appropriate to the characteristics of the present period of history, to create conditions permitting the promotion of the peo ple's welfare and quality of life, especially those of the working classes,and to abolish exploita tion and oppression of man by man. In the economic field, the advance of the revolutionary process requires collectivisation of the principal means of production. ARTICLE 11
National symbols 1. The national flag shall be that adopted by the Republic established by the Revolution of 5 October 1910 . democratic legality; c. To socialise the means of production and w e ARTICLE 10 Revolutionary process 1. ThealliancebetweentheArmedForcesMove ment and the democratic parties and organisations shall serve the peaceful advance of the revolutionary process. 20 2. In 2. The national anthem shall be «A Portuguesa ».
SECTION 1 Principle of universality 1. Allcitizensshallenjoytherightsandbesubject to the duties laid down in the Constitution. 2. Bodiescorporateshallenjoysuchrightsandbe subject to such duties as are compatible with their nature . ARTICLE 13 Principle of equality 1. Allcitizensshallhavethesamesocialdignity and shall be equal before the law. 2. No-one shall be privileged, favoured, injured, deprived of any right or exempt from any duty because ofhis ancestry,sex,race,language,territoryoforigin, religion,political or ideological convictions,education, economic situation or social condition. ARTICLE 14 Portuguese citizens sojourning or residing abroad shall enjoy the protection of the state in the exercise of their rights and shall be subject to such duties as are not incompatible with their absence from the country.
Portuguese citizens abroad Fundamental rights and duties ARTICLE 12 21
Foreigners and stateless persons 1. Foreignersandstatelesspersonssojourningor residing in Portugal shall enjoy the same rights and be subject to the same duties as Portuguese citizens. 2. The foregoing paragraph shall 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. 3. CitizensofPortuguese-speakingcountriesmay, by international convention and subject to reciprocity, be granted rights not conferred on foreigners in general, with the exception of membership of the organs of supreme authority and the organs of the autonomous regions, service in the armed forces and membership of the diplomatic service. ARTICLE 16 2. The provisions of the Constitution and laws relating to fundamental rights shall be interpreted and applied in accordance with the Universal Declaration of Human Rights. System of rights, freedoms and safeguards The general system of rights, freedoms and safe guards shall cover the rights set forth in Section I,the fundamental rights of workers and other freedoms and rights of a similar type,provided for under the Constitu tion and by law.
1. ThefundamentalrightsembodiedintheConsti tution shall not exclude any other rights resulting from the laws and applicable rules of international law. ARTICLE 17 22
2. Rights, freedoms and safeguards may be res tricted by law in only those cases expressly provided for in the Constitution. 3. Laws ARTICLE 19 3. The declaration of a state of siege shall in no case affect the right to life and integrity of the person.
1. The constitutional provisions relating to rights, freedoms and safeguards shall be directly applicable and binding on public and private bodies. Laws restricting rights, freedoms and guards shall be general and abstract in character and shall not limit in extent and scope the essential content of constitutional provisions. 2. Thedeclarationofastateofsiegeoremergen cy shall be adequately substantiated and shall specify the rights, freedoms and safeguards whose exercise is to be suspended. 5. Thedeclarationofastateofsiegeoremergen cy shall empower the authorities to take the necessary steps conducive to prompt restoration of constitutional normality. safe Suspension 1. The organs of supreme authority shall 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. 4. Thedeclarationofastateofemergencyshallat most entail the partial suspension of rights,freedoms and safeguards. 23
public authority is impossible. Civil liability of the state 1. The state and other public bodies shall be jointly and severally liable under civil law with the members of their organs, their officials or their staff members, for actions or omissions in the exercise of their functions,or caused by such exercise which result in violations of rights, freedoms or safeguards or in damage to another party. 2. Citizens unjustly convicted shall have the right to retrial and to compensation for the damage suffered on conditions to be laid down by law. Right of asylum 1. The right of asylum shall be secured to foreig ners and stateless persons persecuted as a result of their activities on behalf of democracy, social and national liberation,peace between peoples or individual freedom and rights. }
1. Everyoneshallhaveaccesstothecourtsforthe defence of his rights.Justice shall not be withheld from a person for lack of financial means. 1 1 1 1 1 1 ARTICLE 20 ARTICLE 21 ARTICLE 22 2. Thestatusofpoliticalrefugeesshallbedefined by law. 24
2. No-one shall be extradited for political reasons. 3. No-one shall be extradited for crimes which carry the death-penalty under the law of the applicant state. 4. Extraditionandexpulsionshallbedecidedonly by judicial authority. The activities of the Provedor de Justiça shall be independent of any acts of grace or legal remedies provided for in the Constitution and laws. 3. The Provedor de Justiça shall be appointed by the Assembly of the Republic. SECTION I Rights,freedoms and safeguards ARTICLE 25 1. Human life shall be inviolable. 2. In no case shall the death penalty be appli cable.
1. Portuguese citizens shall not be extradited or deported from the national territory. ARTICLE 24 «Provedor de Justiça» (Ombudsman) 1. Citizens may present complaints concerning actions or omissions on the part of the public authori ties to the Provedor de Justiça,who shall examine them without power of decision and shall make such recom mendations to the appropriate organs as are necessary in order to prevent or make good injustice. Right to life 25
1. The moral and physical integrity of the citizens shall be inviolable. Right to freedom and security Everyone shall have the right to freedom and security. 3. An exception to this principle shall be depriva tion of freedom in the following cases for a period and on conditions to be laid down by law: a.Remand incustody,whereapersonistakenin flagrante delicto, or where there is strong evi dence that he has committed a deliberate offence punishable by a major sentence ('); b.The arrest or detention of a person who has unlawfully entered the national territory or against whom extradition or deportation pro ceedings have been instituted.
? 4. Everyone deprived of his freedom shall be informed without delay of the reasons for his arrest or detention . 26 ARTICLE 26 ARTICLE 27 2. No-oneshallbedeprivedofhisfreedomexcept as a result of a court judgment convicting him of an offence punishable by law by a prison sentence or as a result of judicial application of a security measure. (0) From 2 to 20 years in jail.
3. A court order for a measure involving depriva tion of freedom or for its continuance shall be made known immediately to a relation of the prisoner or to a person in whom he has confidence. 4. Remandincustodybeforeandafterthecharge, shall be subject to the time-limits laid down by law. ARTICLE 29 2. The foregoing paragraph shall 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. 3. No sentences or security measures involving deprivation of freedom shall be applied that are not expressly provided for in existing laws. 4. No one shall be subjected to a sentence or security measure involving deprivation of freedom that
1. No one shall be convicted under criminal law except by virtue of existing legislation making the action or omission punishable, and no one shall be subjected to a security measure involving deprivation of freedom for reasons that do not warrant such a measure under existing legislation. ARTICLE 28 Remand in custody 1. Arrest without charge shall be subject to a court order within 48 hours confirming of continuing detention.The court shall hear the reasons for deten tion and shall inform the prisoner of them,interrogate him and give him the opportunity to defend himself. 27
ARTICLE 30 Limits on sentences and security measures No-one shall be subjected to a sentence or security measure involving imprisonment for life or for an unlimited or indefinite term. 2. Ifcaseofdangerduetogravementaldisorder that cannot be treated in an open environment,security measures involving deprivation of freedom may be extended successively by judicial decision in each case, for as long as the said condition lasts. ARTICLE 31 1. The remedy of habeas corpus shall be available before a court of law or court martial, according to the case,againstanywrongfuluseofpowerintheformof unlawful detention. 2. Habeas corpus may be demanded by the prisoner or by any citizen in enjoyment of his political rights. 28
3 . Sentences shall not be transferable. 4. No-oneshallbedeprivedforpoliticalreasonof his Portuguese citizenship, his civil capacity or his name. «Habeas corpus» 3. The court shall rule on the application for habeas corpus within eight days at a hearing in the presence of both parties.
1. Criminal proceedings shall provide allnecessa ry safeguards for the defence. 3. The accused shall have the right to be assisted by counsel at all stages of the proceedings.The cases and stages in which this shall be compulsory shall be specified by law. 4. A judge shall have jurisdiction throughout the preliminary investigation, and the cases in which this shall involve the hearing of both parties shall be specified by law. 5. Criminal proceedings shall be accusatory in structure, and the trial shall be governed by the principle that both parties are to be heard. 6. Any evidence obtained by torture,force,viola tion of the physical or moral integrity of the individual, wrongful interference in private life,the home,corres pondence or telecommunications shall be of no effect. 7. No case shall be withheld from a court which has jurisdiction under existing law. ARTICLE 33 Right to identity,a good name and privacy 1. Everyone shall have the right to his personal identity,to his good name and reputation and to privacy in his personal and family life. 2. Effective safeguards against the wrongful use, 29
2. Everyone charged with an offence shall be presumed innocent until his conviction has acquired the force or res judicata. use contrary to human dignity, of information concerning persons and families shall be provided by law.
Inviolability of home and correspondence 1. The individual's home and the privacy of his correspondence and other means of private communi cation shall be inviolable. 2. A citizen's home shall 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. 4. Anyinterferencebypublicauthoritywithcorres pondence or telecommunications,apart from the cases laid down by law in connection with criminal procedure, shall be prohibited. ARTICLE 35 3. Citizens shall not be given all-purpose national identification numbers. ARTICLE 36
tion concerning a person's political convictions,religi ous beliefs or private life except in the case of non-identifiable data for statistical purposes. Family,marriage and filiation 1. Everyoneshallhavegherighttofoundafamily and marry on terms of complete equality. 3. No one shall enter the home of any person at night without his consent. Use of data processing 1. All citizens shall have the right to information on the contents of data banks concerning them and on the use for which it is intended.They shall be entitled to require the said contents to be corrected and brought up to date. 30
4. Children born out of wedlock shall not for that reason be the subject of discrimination ; discriminatory designations of filiation shall not be used by the law or by government departments. 5. Parents shall have the right and duty to bring up their children. 6. Children shall not be separated from their parents unless the latter fail to perform their fundamen tal duties towards the former,and then only by judicial decision . Freedom of expression and information 1. Everyone shall have the right to express and make known his thoughts freely by words, images or any other means and obtain information without hin drance or discrimination. 2. The exercise of these rights shall not be prevented or restricted by any type or form of censor ship. 3. Offences committed in the exercise of these rights shall be punishable under ordinary law, the courts of law having jurisdiction to try them. ARTICLE 38
duties with regard to civil and political capacity and the maintenance and education of their children. 4. Therightofreplyshallbeequallyandeffective ly be secured to all natural and artificial persons. Freedom of the press Freedom of the press shall be safeguarded. ARTICLE 37 31
found newspapers and any other publications without prior administrative authority,deposit or qualification. 4. Periodicalsandnon-periodicalpublicationsmay belong to any non-profit-making bodies corporate, journalistic interprises and publishing houses in compa ny form or natural persons of Portuguese nationality. 7. Meansofpublicinformation,inparticularthose belonging to the State, shall be regulated by law through an information statute. ARTICLE 39
ideological orientation to information organs not b e longing to the state or to political parties, without any other sector or group of workers having power to exercise censorship or prevent free creativity, State's means of public information 1. Means of public information belonging to the state or to bodies directly or indirectly subject to its economic control shall be used in such a way as to safeguard their independence of the government and public administrative authorities. 2. The possibility of expressing and confronting the various currents of opinion in the means of public information referred to in the foregoing paragraph shall be safeguarded. 5. Noadministrativeorfiscalsystem,creditpolicy or foreign trade policy shall affect the freedom of the press,directly or indirectly,and the means necessary to protect the independence of the press against political and economic powers shall be safeguarded by law. 6. The television shall not be privately owned. 32
ARTICLE 40 Right to broadcasting time 1. The political parties and trade union and professional organisations shall have the right to broadcasting time on radio and television in keeping with their representativeness, according to criteria to be laid down in the information statute. 2. In election periods the competing political parties shall have the right to regular broadcasting time fairly apportioned. ARTICLE 41 2. No one shall be persecuted,deprived of rights or exempted from civil obligations or duties because of his convictions or religious practices. 3. The churches and religious communities shall be separate from the state and shall be free to organise and exercise their own ceremonies and worship. 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,shall be safeguarded.
secure a general orientation in keeping with ideological plurality. Freedom of conscience, religion and worship 1. Freedom of conscience, religion and worship shall be inviolable. 33
1. Intellectual,artisticandscientificcreationshall be unrestricted. 2. This freedom shall include the right to inven tion,production and dissemination of scientific,literary or artistic works, including legal protection of copy right. ARTICLE 43 Freedom to lea and teach 1. The freedom to learn and teach shall be safeguarded. 2. Thestateshallnotarrogatetoitselftherightto plan education and culture in accordance with any philosophical,aesthetic,political,ideological or religi ous guidelines. ARTICLE 44 Right to travel and emigrate 1. The right of all citizens to travel and to settle freely anywhere in the national territory shall be safeguarded. 2. The right to emigrate or leave the national territory and the right to return to it shall be secured to everyone.
3. Public education shall not be denominational. 34 ARTICLE 42
Right to meet and demonstrate 1. Citizensshallhavetherighttomeetpeacefully and without arms,'even in public places, without requiring any authorisation. 2. Therightofallcitizenstodemonstrateshallbe recognised. ARTICLE 46 Freedom of association 1. Citizens shall have the right to form associa tions freely and without requiring any authorisation provided such associations are not intended to promote violence and their objectives are not contrary to the criminal law. 2. Associations may pursue their objectives freely without interference by any public authority.They shall not be dissolved by the state and their activities shall not be suspended except by judicial decision in the cases provided by law. 3. No one shall be obliged to join any association or forced by any means to remain in it. 2. No one shall be a member of more than one political party simultaneously, or be deprived of the
ARTICLE 47 Political associations and parties 1. Freedom of association shall include the right to establish or join political associations and parties and through them to work democratically to give form to the will of the people and to organise political power. 35
3. Withoutprejudicetothephilosophyorideology inspiring their programmes, political parties shall 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. ARTICLE 48 Participation in public life 1. All citizens shall have the right to take part in political life and the control of the country's public affairs, either directly or through freely-elected repre sentatives . 2. There shall be universal, secret and equal suffrage for all citizens over the age of 18 years,subject to incapacities as provided in general law. Its exercise shall be personal and constitute a civic duty. 3. Every citizen shall have the right to objective information about acts of state and other public bodies and to be informed by the government and other authorities about the management of public affairs. Right of petition and popular action 1. All citizens may individually or collectively submit to the organs of supreme authority or to any authority whatsoever petitions,representations,claims or complaints in defence of their rights,the Constitu tion,the laws or the general interest.
2. Therighttopopularactioninthecasesandon the conditions provided for by law shall be recognised. ARTICLE 49 36
Economic, social and cultural rights and duties CHAPTER 1 ARTICLE 50 CHAPTER 11 Economic rights and duties ARTICLE 51 2. 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. 3. Everyone shall have the right to choose his occupation or type of work freely, subject to such restrictions as are imposed by law in the general interest or are inherent in his own capacity. ARTICLE 52 Duties of the state with regard to the right to work It shall be the duty of the state, by implementing
Safeguards and conditions of effectiveness The collectivisation of the principal means of production,the planning of economic development and the democratisation of institutions are safeguards and conditions for the effectiveness of economic,social and cultural rights and duties. Right to work 1. Everyone shall have the right to work. 37
a. the implementation of policies of full employ ment and the right to material assistance for persons involuntarily unemployed; b. security of employment,dismissals without good reason or for political or ideological motives tion or type of work and conditions preventing access to any post,work or professional catego ry being prohibited or restricted by reason of a workers which combine manual and intellectual work . ARTICLE 53 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 working day,a weekly rest day and holidays with pay .
c. equality of opportunity in the choice of occupa person's sex; d. cultural, technical and vocational training for an appropriate livelihood; Rights of workers All workers shall be entitled,regardless of age,sex, race, nationality, religion or ideology, to: b. the organisation of work in conditions making for dignity so as to permit personal self fulfilment ; C. safe and healthy working conditions; d. rest and recreation, a limit to the length of the 38
Duties of the state with regard to the rights of workers It shall be 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 mini mum wage and maximum wage,having regard among other factors to workers' needs, the increase in the cost of living, the degree of developmentoftheforcesofproduction,econo mic and financial stability and the formation of capital for development; b. fixing a national working day of given length; 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 centres, in co-operation with welfare organisations. ARTICLE 55 1. Workers shall have the right to set up commit tees for the defence of their interests and for a democratic share in the running of their enterprise,'with a view to strengthening the unity of the working classes and mobilising them for the revolutionary process of building democratic workers' power. 3. The statutes of such committees shall be approved at a plenary assembly of the workers.
2. T h e committees shall be elected at plenary assemblies of workers by direct and secret ballot. 39
5. Co-ordinating 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 reorganisation. Rights of workers' committees Workers'committees shall have the right to: a. receive all information needed for the pursuit of units; d. participate in the drawing up of labour legisla tion and social and economic plans concerning their sector. ARTICLE 57 Trade union freedom 1. Workers shall be free to form trade unions,a condition and safeguard for the building of their unity in defence of their rights and interests. 2. In the exercise of trade union freedom the following freedoms shall be safeguarded for workers without discrimination: a. freedom to set up trade union associations at all levels : b.freedom of membership,no worker being requi
red to pay dues to a trade union of which he is not a member; their activities; b. supervise the management of enterprises; c. intervene in the reorganisation of production 40
d. the right to engage in trade union activity within 6. Tradeunionassociationsshallhavetherightto establish relations with or to join international trade union organisations. ARTICLE 58 Rights of trade union associations and collective agreements 2. Tradeunionassociationsshallhavetherightto participate in: a. the preparation of labour legislation; b.the management of social security institutions 41
3. Trade union associations shall be governed by the principles of democratic organisation and manage ment, based on regular elections to their governing bodies by secret ballot.They shall not be subject to any authorisation or recognition, their foundation being active participation by the workers in all aspects of trade union activity. 4. Trade union associations shall be independent of employers,the state,religious denominations. Ade quate safeguards for such independence shall be laid down by law as the foundation of the unity of the working classes. 5. In order to ensure unity and dialogue among the varions currents of opinion which may exist in the trade unions,workers shall enjoy secure exercise of the right to different tendencies in the unions,in cases and forms laid down in their statutes. 1. The trade union associations shall be compe tent to defend,and promote the defence of,the rights and interests of the workers they represent.
provisions shall be laid down by law. ARTICLE 59 2. Workers shall be entitled to decide what inte rests are to be protected by means of strikes. The sphere of such interests shall not be restricted by law. ARTICLE 60 Proibition of «lock-outs» «Lock-outs» shall be prohibited. ARTICLE 61 Co-operatives and self-management 1. Everyone shall have the right to set up co operatives. The state shall, in accordance with the National Plan, promote and support initiatives to that end . 2. Experiments in self-management shall be sup ported by the state.
and other bodies whose aim is to satisfy the interests of the working classes; C. the supervision of implementation of economic 3. Trade union associations shall be competent to exercise the right of concluding collective agreements. Right to strike 1. The right to strike shall be safeguarded. 42
1. Everyone shall have a secure right to private property and to its transfer during life or by death in accordance with the Constitution. 2. Apart from the cases provided for in the Constitution, expropriation for public purposes shall be subject to the payment of fair compensation. CHAPTER III Social rights and duties ARTICLE 63 2. It shall be the duty of the state to organise, co-ordinate and subsidise a unified and decentralised system of social security with the agreement and participation of the trade union associations and other organisations of the working classes. 3. The organisation of a social security system shall be without prejudice to the existence of private non -profit-making friendly societies, which shall be permitted, regulated by law and subject to state supervision. 4. Thesocialsecuritysystemshallprotectcitizens in sickness,old age,disability,widowhood,orphancy, unemployment and all other situations in which the means of subsistence or capacity to work are lost or reduced . ARTICLE 64 1. Everyone shall have the right to protection of his health and the duty to defend and foster it.
1. Everyone shall be entitled to social security. Health ARTICLE 62 43
the establishment of a universal, general and free national health service, the creation of economic ,social and cultural conditions securing the protection of children,the young and the old,the systematic improve ment of living and working conditions,the promotion of physical culture and sports in schools and for the population at large and the development of health education among the people. 3. In order to safeguard the right to health protection, the state shall give priority to: cine and rehabilitation by all citizens,regardless of their economic situation; b. providing the whole country with rational and medicine and the medico-pharmaceutical in partnership and privately and co-ordinating it with the national health service; e.controlling and supervising the production,mar keting and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis. ARTICLE 65 1. Everyone shall have 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.
use of sectors ; d.controlling and supervising medicine practised Housing 44 effective medical and hospital coverage; c. directing its work towards the socialisation of
rities and communities aimed at solving their housing problems and promoting individual · building and the establishment of housing interest . 3. Thestateshalladoptapolicyaimedatintrodu cing a system of rents compatible with family incomes and of individual ownership of dwellings. 4. The state and local authorities shall exercise effective supervision over immovable property, take urban lands into national or municipal ownership where necessary and lay down rights of use. ARTICLE 66 a. prevent and control pollution and its effects and
ties : b. encourage and support initiative by local autho co -operative : c. promote private building subject to the public Environment and quality of life 1. Everyone shall have the right to a healthy and ecologically balanced human environment and the duty to defend it. 2. Itshallbethedutyofthestate,actingthrough appropriate bodies and having recourse to popular iniative to: harmful forms of erosion ; 45
cultural assets of historical or artistic interest; d.promote the rational use of natural resources, safeguarding their capacity for renewal and ecological stability. 3. Anycitizenwhoserightsunderparagraph1are threatened or infringed may apply as provided by law for an end to the causes of such violation and for appropriate compensation. 4. The state shall promote the progressive and rapid improvement of the quality of life for all Portu guese. ARTICLE 67 Family The state shall recognise the institution of the family and ensure its protection, in particular by: a. promoting the social and economic independen ce of family units; b. developing a national network of assistance to mothers and children and carrying out a policy knowledge of family planning methods and setting up legal and technical structures permit ting planned parenthood; e. adjusting taxes and social security benefits in line with family responsibilities.
c. create 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 their children; d.promoting by all necessary means the wider 46 for the old; c. co -operating with parents in the education of
Motherhood 1. Thestateshallrecognisetheoutstandingsocial value of motherhood by protecting the mother in her irreplaceable role in the upbringing of children and securing her place in working life and her participation in the civic life of the country. 2. Women at work shall be entitled to a period of leave before and after giving birth without loss of remuneration or other privileges. ARTICLE 69 Childhood 1. Children shall have the right to the protection of society and the state with a view to their full development. 2. Children, particulary orphans and abandoned children, shall be entitled to especial protection by society and the state against any form of discrimination and oppression and against abuses of authority in the family and other institutions. 1. Young people,particularlythoseatwork,shall receive special protection for the effective enjoyment of their economic,social and cultural rights,including: a.acess to education,culture and work; b.vocational training and advancement; c. physical training,sport and the pursuit of leisu re-time activities. 2. Theprimeobjectivesofyouthpolicyshallbeto develop the personality of young people, a liking for
Youth 47
ARTICLE 71 Disablement 2. The state shall carry out a national policy for prevention and for the treatment, rehabilitation and integration of handicapped persons, shall develop a formofeducationtomakesocietyawareofitsdutiesof respect for them and solidarity with them and ensure that they enjoy their rights fully,without prejudice to the rights and duties of their parents or guardians. 1. Thestateshallpromoteapolicyforoldpeople which safeguards their economic security.
1. Citizenswhoarephysicallyormentallydisabled shall 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 unfits them . 2. The policy for the old shall also promote conditions of housing and of family and community life that will prevent and overcome the isolation of old persons and their marginal position in society and give them oportunities for creating and developing forms of self-fulfilment through active participation in community life. Old age 48 ARTICLE 72
Education and culture 1. Everyoneshallhavetherighttoeducationand culture . 2. The state shall promote the demarcation of education and conditions in which education at school and by other methods can contribute to development of the personality and the advance of a democratic and socialist society. 3. Thestateshallpromotethedemocratisationof culture by encouraging and securing access by all citizens, particularly the workers, to the enjoyment of culture and cultural creation through local people's organisations, cultural and recreational associations, means of public information and other appropriate channels . ARTICLE 74 Education 1. The state shall recognise and safeguard the right of all citizens to education and to equality of opportunity in schooling. 3. Intheimplementationofitseducationpolicyit shall be the duty of the state to: a.ensure compulsory and free universal basic 49
2. The state shall reform education so as to eliminate its function of perpetuating the social division in labour relations. education ; b. institute a public system of pre-school educa tion ;
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. co-ordinate education with productive and social activities; g. promote the training of scientific and technical ARTICLE 75 Public and private education 1. The state shall establish a network of official education institutions to meet the needs of the whole population. ARTICLE 76 Scientific creation and research 1. Scientific creation and research shall be encou raged and protected by the state. 2. Scientific and technological policy shall aim at promoting fundamental and applied research,preferen ce being given to fields relevant to the development of the country, with a view to its progressive liberation
Entry to the universities Entry to the university shall have regard to the needs of the country in qualified staff.Entry by workers and young people from the working classes shall be encouraged. 50 staff of working-class origins. ARTICLE 77
ARTICLE 79 Physical culture and sport The state shall recognise the right of citizens to physical culture and sport as a means of human self-fulfilment and shall promote,stimulate and guide their practice and their extension. PART 11 SECTION 1 ARTICLE 80 Foundation of the economic and social organisation The economic and social organisation of the Portuguese Republic shall be based on the develop ment of socialist relations of production through collec tivisation of the principal means of production,land and natural resources and through the exercise of democra tic power by the working classes.
The state shall preserve, defend and enhance the cultural heritage of the Portuguese people. ARTICLE 78 Economic organisation General principles 51
Priorities of the state a. promoting an increase in the social and econo mic wellbeing of the people, especially of the most underprivileged classes; b.stabilising the economy and ensuring the full use of productive forces; c. promoting equality among citizens through the transformation of economic and social struc wards the balanced growth of all sectors and whilst always safeguarding national independen ce and the interests of the Portuguese and of the private monopolies, by nationalisation or other means,and stopping abuses of economic power and all practices harmful to the common inte differences between town and country; j. ensuring fair competition between enterprises by
d. correcting where necessary inequalities in the regions; f. developing economic relations with all peoples rest; h. achieving agrarian reform ; i.eliminating progressively social and economic providing legal protection for small- and m e d i u m sized firmswhich are economically and socially cessary for the introduction of a system of democratic economic planning; 52 The state shall give priority to distribution of wealth and income; e.guiding economic and social development to country's economy ; g.abolishing and preventing the formation of viable ; k. creating the legal and technical structures n e
m . promoting the development of socialist relation's ses and their organisations in the determination, control and enforcement of all major economic and social measures. Intervention, nationalisation and socialisation 1. The law shall determine the methods and forms of intervention,nationalisation and socialisation of the means of production and criteria for fixing compensa tion . 2. The law may stipulate that expropriations of large landowners, big property owners and entrepre neurs or shareholders shall not be subject to any compensation whatsoever. Nationalisation measures carried out since 25 April 1974 1. All nationalisation measures carried out since 25 April 1974 are irreversible conquests by the working classes. 2. Small- and medium-sized firms indirectly natio nalised which are outside the basic sectors of the economy may exceptionally be made part of the private sector ifthe workers do not opt for self-management or a co-operative system.
n.encouraging participation by the working clas ARTICLE 82 ARTICLE 83 53
C o -o p e r a t i v e s 1. The state shall promote the establishment of co-operatives, notably production, marketing and con sumer co-operatives, and their activities. 2. Without prejudice to theïr inclusion in the National Plan,and provided co-operative principles are observed,there shall be no restrictions on the constitu tion of co-operatives, which shall be free to join together in unions, federations and confederations. 3. Theconstitutionandoperationofco-operatives shall not be subject to any authorisation. 4. Fiscal and financial concessions to CO operatives and more favourable conditions for borrow ing and for obtaining technical assistance shall be determined by law. ARTICLE 85 2. Thebasicsectorsinwhichtheactivityofprivate firms and other similar bodies are prohibited shall be defined by law. 3. Thestateshallensurethatprivatefirmsobserve the Constitution,the law and the National Plan and may intervene in their management to safeguard the general interest and the rights of workers,on conditions to be laid down by law. ARTICLE 86 Economic activity and foreign investment Economic activity and investment by foreign natural or artificial persons shall be regulated by law,to ensure
1. Provideditcontributestowardstheprogressof the community, private economic initiative may be exercised freely within the limits defined in the Consti tution, by law and in the National Plan. 54
2. In cases of abandonment without good cause expropriation shall not confer any right to compensa tion . ARTICLE 88 2. Penalties may involve the loss of property directly or indirectly acquired by means of the unlawful activity,without any entitlement to compensation on the offender's part. Property structures of the means of production ARTICLE 89 Property sectors in the means of production 1. Duringthetransitiontosocialismthereshallbe three sectors of property in the means of production, lands and natural resources,determined by their owner ship and the social form of management.
ARTICLE 87 Abandoned means of production 1. Abandoned means of production may be expro priated on conditions to be laid down by law with due regard to the special situation of property of workers who have emigrated. Offences against the national economy 1. Offencesagainstthenationaleconomyshallbe defined by law and shall carry penalties in keeping with their gravity. 55
a. property and production units managed by the state and by other public bodies corporate; .b.property and production units used and mana ged by workers collectives; c. community property used and managed by local 4. The private sector shall comprise property and production units not covered by the foregoing para graphs. ARTICLE 90 Development of social property 1. Thedevelopmentofsocialproperty,whichshall tend towards preponderance, shall be based on the property and production units used and managed by workers collectives, on the community property used and managed by local authorities and on the co operative sector. 3. Production units managed by the state and other public bodies corporate shall as far as possible evolve towards forms of self-management.
3. The co-operative sector shall comprise property and production units in the possession of members of co-operatives who manage them in accordance with co-operative principles. 2. Nationalisation,democraticplanning,thesuper vision of management and the democratic power of the workers shall be conditions for the development of social property. 56
ARTICLE 91 2. The Plan shall ensure the harmonious develop ment of sectors and regions, the efficient use of productive forces, the fair distribution of the national product among individuals and regions, the co ordination of economic policy with social,educational and cultural policy, the preservation of the ecological balance, the protection of the environment and the quality of life of the Portuguese people. 2. ThePlanshallalsostatethelimitswithinwhich enterprises in other sectors are to operate. The Plan shall include: a. a long-term plan stating the major objectives for the Portuguese economy and the means by which they are to be achieved;
Objectives of the Plan 1. With a view to the building of a socialist economy through the transformation of capitalist relati ons of production and accumulation,the economic and social organisation of the country shall be directed, co-ordinated and regulated by the National Plan. Legal force 1. The Plan shall be binding on the state public sector and shall apply to other activities of public interest through programme contracts. ARTICLE 92 ARTICLE 93 Structure 57
c.an annual plan, which shall constitute the Preparation and implementation 1. The Assembly of the Republic shall be compe tent to approve the major options corresponding to each Plan and to scrutinise the relative progress reports. 2. The work of preparing the Plan shall be co-ordinated by a National Planning Council,and the population shall take part in it through local authorities and communities,organisations of the working classes and bodies representing economic activities. 3. Implementation of the Plan shall be decentrali sed by regions and sectors,without prejudice to central co-ordinationforwhichthegovernmentshallbecompe tent in the last resort. Planning regions 1. The country shall be divided into planning regions based on the geographical,natural,social and human potentialities and characteristics of the national territory, with a view to achieving its balanced develop ment , regard being had to the needs and interests of the population in different areas. 2. The planning regions and the system of regio nal planning organs be laid down by law.
58 fundamental basis for the government's activity and shall be reflected in the state's budget for ARTICLE 94 ARTICLE 95
Aims of agrarian reform Agrarian reform is one of the fundamental instru ments for the building of socialist society and shall aim to: a. promote improvement of the economic , social and cultural situation of farm workers and small and medium farmers by changing land structu res and progressively transferring the use of the land and of the means of production utilised directly in its exploitation to those who work it, as the first step towards creating new relations of production in agriculture; b. increase production and productivity in agricul ture by providing itwith suitable infrastructures and human ,technical and financial resources to ensure that the country's needs are best met and tive equality between those who work in agricul ture and other workers and prevent the agricul tural sector from being at a disadvantage in its trade relations with other sectors. ARTICLE 97 Abolition of large estates 1. The transfer of the use of the land and of the means of production utilised directly in its exploitation to those who work it shall be brought about through expropriation of large estates and big capitalist enter prises.
to increase exports; c. create the conditions necessary to achieve effec SECTION IV 59
3. The transactions provided for in this article shall be carried out in accordance with the agrarian reform law and with the guidelines laid down in the National Plan. ARTICLE 98 Smaller estates Without prejudice to property rights,the agrarian reform shall seek to bring about in smallholding regions a suitable redistribution of holdings, primarily by inte grating the various units in co-operatives or,whenever necessary,by their consolidation or leasing through the agrarian reform co-ordinating body. ARTICLE 99 Small and medium farmers 1. The agrarian reform shall secure small and medium farmers property in their land as the instrument orresultoftheirwork,andshallsafeguardtheinterests of emigrants and of those who have no other means of livelihood. 2. The criteria for the maximum sizes of private farms shall be determined by law. ARTICLE 100 Co-operatives and other forms of collective working Achievement of the aims of agrarian reform implies the establishment by farm workers and small and medium farmers, with the support of the state, of production, purchase, sale and service co-operatives and other forms of collective exploitation by workers.
Forms of farming on land belonging to others 1. Leasingsystemsandotherformsoffarmingon land belonging to other persons shall be governed by law in such a way as to safeguard stability and the farmer's legitimate interests. 2. Censive and colonical systems shall be abolished and conditions shall be created for farmers whereby the limited liability system in agriculture may be effectively abolished. ARTICLE 102 State aid 2. Stateaidshallinclude,inaccordancewiththe guidelines of agrarian reform and the National Plan: a.the granting of loans and technicalassistance; b. support by public enterprises and co -operatives engaged in marketing,at stages preceding and following production; c. socialisation of the risks resulting from unfore seeable or uncontrollable climatic and phytopa thological events. ARTICLE 103 Agrarian planning and reorganisation and prices The state shall pursue a policy of agrarian planning and reorganisation in keeping with ecological and social conditions in the country and shall secure the marketing of agricultural products,within the guidelines
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ARTICLE 104 Participation in agrarian reform There shall be secured to farm workers and small and medium farmers,acting through their own organi sations,by co-operatives and by other forms of collecti ve farming by workers, a share in the planning and implementation of agrarian reform , in particular in the bodies set up to that end. ARTICLE 105 2. TheBankofPortugal,asthecentralbank,shall have the monopoly of the money issue, and shall co-operate in accordance with the National Plan and the government's directives, in carrying out monetary and financial policies.
1. The structure of the tax system shall be laid down by law with a view to the egalitarian distribution SECTION V Financial and fiscal system Financial and monetary system 1. The structure of the financial system shall be laid down by law in such a way as to ensure saving and its security and the use of the necessary financial resources for the expansion of productive forces with a view to the progressive effective socialisation of the economy. 62 ARTICLE 106
2. Taxes shall be created by law, which shall determine the incidence, rates, concessions and safe guards for taxpayers. 3. No one shall be compelled to pay taxes which have not been created as provided in the Constitution and whose settlement and collection are not effected in the forms laid down by law. ARTICLE 107 Taxes 1. The tax on personal income shall seek to reduce inequality. It shall be a single progressive tax having regard to family needs and income and shall seek to limit incomes to a national maximum fixed by law each year. 2. Enterprises shall be taxed fundamentally on their real income. 3. The tax on inheritances and donations shall be progressive, so as to make for equality among citizens, and shall have regard to transmissionby inheritance of the fruits of labour. 4. Consumertaxesshallseektoadaptthestructu re of consumption to the needs of socialisation of the economy.The goods necessary to the livelihood of the least favoured and their families shall be exempted and the tax shall bear heavily on luxury articles. ARTICLE 108 Budget 1. The budget law shall be voted each year by the Assembly of the Republic. It shall comprise: a. a breakdown of revenue and expenditure, in the part relating to overall appropriations correspon
3. The Budget shall be a single unit and shall specify expenditure in such a way as to avoid secret appropriations and funds. 4. The Budget shall make provision for the re ceipts necessary to cover expenditure. The rules for its preparation and implementation,the period covered by it and the conditions for raising public loans shall be laid down by law. 5. The implementation of the Budget shall be supervised by the Court of Audit and the Assembly of the Republic, which after hearing the opinion of the said court, shall scrutinise and approve the General Accounts of the state, including the social security accounts. SECTION VI Commercial circuits ARTICLE 109 Prices and distribution circuits 1. The state shall intervene in the establishment and control of prices and shall rationalise distribution circuits and eliminate unnecessary ones.
b.the basic organisation of the social security 2. Misleadingpublicityshallbeprohibited. budget. 64
particular by establishing public enterprises or enterprises of other types; b. regulate and supervise the quality and prices of imported and exported goods. PART III ARTICLE 111 Political power shall lie with the people and be exercised in accordance with the Constitution. 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 113 Organs of supreme authority 1. The organs of supreme authority shall be the President of the Republic, the Council of the Revolu
In order to develop and diversify foreign trade relations and safeguard national independence,itshall be the duty of the state to: a. promote control of foreign trade transactions, in General principles Organisation of political power SECTION 1 Source and exercise of power ARTICLE 112 65
2. The formation,membership,powers and opera tion of the organs of supreme authority shall be governed by the Constitution. ARTICLE 114 Separation and interdependence 1. The organs of supreme authority shall be separate and interdependent as established by the Constitution . 2. No organ of supreme authority, organ of an autonomous region or organ of local government shall delegate its powers to other organs except in the cases and in the conditions expressly laid down in the Constitution and by law. ARTICLE 115 Conformity of acts with the Constitution The validity of the laws and other acts of the state, the autonomous regions and local government shall depend on their conformity with the Constitution. ARTICLE 116 General principles of electoral law 1. Direct,secretandregularelectionsshallbethe general rule in appointing the members of the elected organs of supreme authority,the autonomous regions and local government.
and shall serve no other purpose. There shall be a single registration system for all elections by direct universal suffrage. 66
c. Impartiality towards candidates on the part of 4. Citizens shall have the duty to collaborate with the elections administration in the forms laid down by law. 5. Votes cast shall be converted into effective suffrages in accordance with the principle of proportio nal representation. ARTICLE 117 Political parties and right of opposition 2. Minorities shall have the right of democratic opposition on conditions laid down in the Constitution. ARTICLE 118 People's organisations People's organisations set up in accordance with the Constitution shall have the right to take part in local government in forms provided by law.
public bodies; d.Supervision of vote-counting. 1. Politicalpartiesshallparticipateintheorgans based on direct universal suffrage,in accordance with their democratic representativeness. a. Freedom of propaganda ; b. Equality of opportunity and treatment for the 6. The courts shall be competent to judge the validity of electoral acts. 67
organs shall be taken by simple majority, provided that a majority of the statutory number of members is present. Responsibility of holders of political office 1. Holders of political office shall be politically, civilly and criminally responsible for theiracts and omissions in the exercise of their functions. No one shall hold any national, regional or local political office for life. ARTICLE 122
Principle of re-election Publication of decisions ARTICLE 119 1. Meetingsoftheassembliesthatactasorgans of supreme authority, organs of the autonomous regi ons or organs of local government shall be public, except in cases provided for by law. ARTICLE 120 2. The offences for which holders of political office shall be liable,the penalties applicable and their effects shall be laid down by law. ARTICLE 121 1. Decisionsbytheorgansofsupremeauthority, the organs of the autonomous regions and the organs 68
b. international conventions; c.decrees of the President of the Republic; d. decrees and resolutions of the Council of the Revolution ; e. laws and resolutions of the Assembly of the Republic; f.decrees and regulations of the government; g.decisions of the courts are made generally SECTION 1 President of the Republic CHAPTER 1 ARTICLE 123 Definition
2 . The following shall be published in the official gazette, Diário da República: binding by the Constitution or by law; h. decrees of the autonomous regions. 3. Forms of publication for other acts shall be determined by law. 4. Failure to publish an act shall make it void. Status and election The President of the Republic shall represent the Portuguese Republic and shall ex officio be President 69
1. The President of the Republic shall be elected by direct and secret universal suffrage by the Portugue se citizens who are registered as voters on the national territory. 2. The right to vote shall be exercised in person on the national territory. Eligibility for election ARTICLE 126 Re-election 1. Nooneshallbere-electedforathirdconsecuti ve term of office or during the five years immediately following the end of the second consecutive term of office. 70
Election ARTICLE 125 Citizens entitled to vote who are Portuguese by origin and more than 35 years of age shall be eligible for election. 2 . If the President of the Republic resigns his office within 30 days of an election to the Assembly of the Republic held as a result of its dissolution , he shall not stand as candidate in the resulting election.
1. Nominations for the office of President of the Republic shall be sponsored by no less than 7,500 and no more than 15,000 citizens entitled to vote. Date of election 1. The President of the Republic shall be elected at least 30 days before the end of his predecessor's term of office or within 60 days of the office falling vacant . 2. Theelectionshallnottakeplacewithin60days preceding or following a general election to the Assembly of the Republic,the outgoing President's term of office being extended for the necessary period. ARTICLE 129 71
Court of Justice at least thirty days before the date fixed for the election. 3. The Assembly of the Republic shall not be dissolved during the extension periods provided for in the foregoing paragraph,except as provided in Article 198 (3) ARTICLE 127 3. Ifa candidate dies,the election procedure shall be re-opened in accordance with conditions to be laid down by law. ARTICLE 128 Election system 1. A candidate who obtains more than half the votes validly cast shall be elected President of the Republic
most votes and who have not withdrawn shall stand for election in the second ballot. ARTICLE 130 Induction and swearing in 1. The President elect shall be inducted before the Assembly of the Republic or, if it has been dissolved, before the Supreme Court of Justice. 2. Theinductionshalltakeplaceonthelastdayof the term of office of the outgoing President or, in the case of elections after the office has fallen,vacant,on 8th day following publication of the election result. 3. During his induction the President of the Republic shall take the following oath: «I swear on my honour to perform faithfully the office with which I am invested and to defend and cause to be fulfilled the Constitution of the Portuguese Republic ». ARTICLE 131 Term of office 1. The President of the Republic shall hold office for five years. His term of office shall end when the newly elected President is inducted.
2 . If the office falls vacant the President of the Republic subsequently elected shall begin a new term of office. 72
Absence from the national territory 1. The President of the Republic shall not absent himself from the national territory without the authority of the Council of the Revolution and the consent of the AssemblyoftheRepublic,ifitisinsession. 2. Consent by the Assembly of the Republic shall not be necessary ifthe President is in transit or on an unofficial journey of not more than 10 days. 3. Failuretocomplywithparagraph1aboveshall automatically result in forfeiture of office. 2. It shall be the duty of the Council of the Revolution to initiate proceedings,which however shall not take their course unless the Assembly of the Republic so decides by a majority of two thirds of its members entitled to vote. 3. Conviction shall involve dismissal from office. 4. The President of the Republic shall be answer able after the end of his term of office for offences not committed in the performance of his duties. ARTICLE 134 Resignation 1. The President of the Republic may resign from office by message addressed to the Council of the Revolution and the Assembly of the Republic.
Criminal liability 1. The President of the Republic shall be answer ed before the Supreme Court of Justice for offences committed in the performance of his duties. 73
ARTICLE 135 2. The President of the Assembly of the Republic shall not fulfil his mandate as a member of the Assembly whilst he is acting as President of the Republic CHAPTER 11 ARTICLE 136 Powers with regard to the working of other organs a.to preside over the Council of the Revolution; b. to fix the dates for elections to the Assembly of the Republic, in accordance with the electoral
1. Duringabsencesortemporaryinabilitiestoact of the President of the Republic and during vacancies in the office before induction of the newly elected President,the functions of President shall be performed b y t h e P r e s i d e n t o f t h e A s s e m b l y o f t h e R e p u b l i c o r , if it hasbeendissolved,byamemberoftheCouncilofthe Revolution to be appointed by. Where other organs are concerned,the President of the Republic shall have the following functions: law ; c.to convene extraordinary sessions of the Assem Republic ; Powers 74 bly of the Republic; d. to address messages to the Assembly of the
tion or as is required to do under Article 198 (3); f. to appoint the Prime Minister and relieve him of relieve them of their posts at the proposal of the nal Commission and the Chairman of the Adviso ry Commission on the Autonomous Regions; I. to appoint and relieve of their posts, at the ARTICLE 137 Powers intrinsic to office a.to act as Commander in Chief of the Armed Forces : b.to promulgate and cause to be published the laws of the Assembly of the Republic and the legislative orders and implementing orders of the Council of the Revolution and the govern ment and to sign other orders; c.to declare a state of siege or emergency,with the authority of the Council of the Revolution,in
g. to appoint the members of the government and mous regions after consulting the Council of the proposal of the government,the President of the CourtofAudit,theProcurador-GeraldaRepubli ca, and the representatives of the state in the autonomous regions. 1. The powers intrinsic to the office of President of the Republic shall be: Prime Minister; h.to preside over the Council of Ministers when the Prime Minister so requests; i. to dissolve or suspend the organs of the autono Revolution ; j. to appoint one of the members of the Constitutio 75
d. to take decisions,after consulting the Council of theRevolution,onallseriousemergenciesinthe 2. Failuretopromulgateorsignanactshallmake itvoid. 3. Astateofsiegeoremergencyshallnotlastfor more than 30 days without ratification by the Assembly of the Republic. ARTICLE 138 Powers in international relation The President of the Republic shall be competent in international relation to: a.appoint ambassadors and envoys extraordinary at the proposal of the government,and accept the credentials of foreign diplomatic representa duly approved; C. declare war in the case of actual or iminent aggression and make peace,with the authority of the Council of the Revolucion. ARTICLE 139
1. Within15daysofreceiptofanydecisionofthe Assembly of the Republic for the purpose of promulga tion as a law,or after expiry of the period provided for 76 life of the Republic; e.to grant pardons and commute sentences. tives; b. ratify international treaties once they have been
Revolution, exercise his right of veto in a message which shall state the grounds therefore, and shall request re-examination of the decision. 2. If the Assembly of the Republic confirms its vote by an absolute majority of its members entitled to vote, promulgation shall not be refused. 3. Aqualifiedmajorityoftwothirdsofmembersof the Assembly present shall however be necessary for the confirmation of decisions on the following matters: a.the limits between the public,co-operative and private property sectors; b.external relations; c. the organisation of national defence and deter mination of the duties to which it gives rise; d. regulation of electoral acts provided for under the Constitution. 4. ThePresidentoftheRepublicshallalsoexerci se his right of veto in the conditions laid down in Articles 277 and 278. ARTICLE 140 Powers of an Acting President An Acting President of the Republic shall not perform any of the acts provided for in Article 136 (b), (c), (f) and, Article 137 (1) (a), and Article 138 (a) without the approval of the Council of the Revolution. ARTICLE 141
1. ActsofthePresidentoftheRepublicperformed under Article 136 (g), and (1), Article 137 (1) (b), (c) 77
2. Promulgation of the acts of the Council of the Revolution, provided for in Article 137 (1) (b) shall require counter-signature only ifthey involve an increa se in expenditure or a reduction in revenue. 3. The absence of a counter-signature shall make the act void. SECTION I Council of the Revolution CHAPTER 1 ARTICLE 142 Definition The council of the Revolution acts as an advisory body to the President of the Republic,as guarantor of the proper working of democratic institutions,of fulfil ment of the Constitution and of faithfulness to the spirit of the Portuguese Revolution of 25 April 1974 and as a political and legislative organ in military matters. ARTICLE 143 Membership The Council of the Revolution shall comprise: a. The President of the Republic ; b.The Chief and the Deputy Chief,ifany,ofthe General Staff of the Armed Forces; C. The Chiefs of Staff of the three services of the
Armed Forces; Function and structure 78
Air Force and 3 from the Navy, appointed by their respective services. ARTICLE 144 Organisation and working 1. The Council of the Revolution shall be compe tent to regulate its own organisaton and working and draw up its own rules of procedure. 2. The council of the Revolution shall operate in permanent session. CHAPTER 11 Powers ARTICLE 145 Powers as advisory body to the President of the Republic and as guarantor of the proper working of democratic institutions As advisory body to the President of the Republic and as guarantor of the proper working of democratic
members referred to in sub-paragraph foregoing paragraph, the vacancy shall be filled by appointment by the respective service of the Armed Forces. (e) of the 3. The powers of the Council of the Revolution shall not be delegate in their entirety or irrevocably to any one of its members. Armed Forces; e.14officers,ofwhom 8fromtheArmy,3fromthe 79
a. advise the President in the perfomance of his duties; b.authorise the President to declare war and to permanent physical incapacity and confirm any temporary hindrances to the performance of his duties. ARTICLE 146 Powers as guarantor of fulfilment of the Constitution request of the President of the Republic,on the constitutionality of any act before itis promulga have power to make recommendations; c. scrutinise any published act for constitutionality and make a generally binding declaration that it is unconstitutional, as provided in Article 281 . ARTICLE 147 Powers as guarantor of faithfulness to the spirit of the Portuguese Revolution As guarantor of faithfulness to the spirit of the Portuguese Revolution of 25 April 1974,the Council of 80
siege or emergency in all or part of the national As guarantor of fulfilment of the Constitution the Council of the Revolution shall be competent to: a.stateitsopinion,on itsown initiativeoratthe territory; e.declare the President to be in astate of ted or signed; b. ensure that the necessary measures are taken to territory; d.authorise the President to leave the national fulfil the Constitution,for which purpose itshall
Minister; b. exercice of the right of suspensive veto under Article 139. ARTICLE 148 Powers in military matters 1. As a political and legislative organ for military matters the Council of the Revolution shall be compe tent to: a. make laws and regulation concerning the organi Forces ; b. approve international treaties or agreements on 2. The powers referred to in sub-paragraph (a)of the foregoing paragraph shall be vested in the Council of the Revolution alone. ARTICLE 149 Form of validity of acts 1. The legislative or implementing acts of the Council of the Revolution provided for in Articles 144, 148 and 285 shall take the form of decree-laws or implementing decrees respectively. 2. Other acts of the Council of the Revolution shall take the form of resolutions and shall be published independently of promulgation by the President of the Republic .
sation, functioning and discipline of the Armed military matters. 81
SECTION IV Assembly of the Republic CHAPTER 1 Status and election ARTICLE 150 Definition ARTICLE 151 Number of members The Assembly of the Republic shall have not less than 240 and not more than 250 members as provided by electoral law. ARTICLE 152 Electoral districts 1. The members of the Assembly shall be elected by the electoral districts provided for by law. 2. The number of members for each district in the national territory shall be proportional to the number of citizens on that district's electoral register.
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ARTICLE 153 Conditions for standing for election Portuguese citizens entitled to vote may stand for election, subject the restrictions to be laid down by electoral law with regard to incompatible local functions or the holding of certains offices. ARTICLE 154 Nominations 1. Nominations shall be 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. 2. No one shall stand for more than one electoral district or have his name in more than one list. ARTICLE 155 2. The conversion of votes cast into effective suffrages shall not be limited by law through any requirements as to a minimum national percentage of the votes. ARTICLE 156 Vacant seats and temporary replacement of members The filling of Assembly seats that fall vacant and the temporary replacement of members,where good cause exists for doing so,shall be regulated by electoral law.
1. Members of the Assembly shall be elected by the system of porportional representation according to the Hondt highest average method. 83
2. A member of the Assembly who is appointed a member of the Government shall not exercise his mandate while the said appointment is in force. His place shall be temporarily filled as provided in the foregoing article. ARTICLE 158 Performance of member's duties A member's fulfilment of his mandate shall be without prejudice to his post,social security benefits or permanent career. The conditions in which failure by members,by reasons of meetings of the Assembly or journeys on its behalf, to be present for official acts or activities unconnected with the Assembly warrants the adjourn ment of such acts or activities shall be regulated by law. ARTICLE 159 Powers of members In addition to their powers as set forth in the Rules of Procedure, members of the Assembly shall be entitled to: a. table bills,motions for resolutions and proposals it or by public administrative authorities;
2. for debate; b. put questions to the Government on any acts by Cases of incompatibility 1. MembersoftheAssemblywhoarecivilservants or officials of other public bodies corporate shall not perform the duties attaching to such posts while the Assembly is in session. 84 5
ARTICLE 160 3. If criminal proceedings are taken against any member of the Assembly and he is indicted or similarly charged the Assembly shall, except in the case of a crime punishable by a major (1) sentence, decide whether or not he should be suspended to enable the proceeding to take their course. ARTICLE 161 Rights and privileges 1. MembersoftheAssemblyshallnot,withoutthe Assembly'sauthority,actasjurymen,expertsorwitnes ses while the Assembly is in session. 2. Members of the Assembly shall enjoy the following rights and privileges: a. deferment of military service, civic service or 85
opinions they express in the performance of their duties. 2. No member of the Assembly shall be detained or arrested without the Assembly's authority,except for a crime punishable by the maximum sentence when he is taken in flagrante delicto. civil defence service; From 2 to 20 years in jail. Immunities
ARTICLE 162 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 bly and perform the functions to which they are appointed on proposals by their respective parli Forteiture and renunciation of mandates 1. A member of the Assembly shall forfeit 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 organisation with a Fascist ideology. 2. A member of the Assembly may renounce his mandate by written declaration. 86
b. to discharge their responsibilities in the Assem for their official journeys abroad; c.a special identity card; d. allowances as laid down by law. amentary groups; c. to take part in votes. Duties ARTICLES 163 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
ARTICLE 164 The Assembly of the Republic shall be competent which the Constitution reserves to the Council of engage in other credit transactions not involving floating debts and lay down the relative general tive power, treaties involving participation by Portugal in international organisations,treaties of friendship,peace treaties,defence treaties,trea ties rectifying frontiers and any other treaties which the government submits to it; 1. discharge other functions conferred on it under the Constitution and by law.
a.approve amendments to the Constitution as provided in Articles 286-291 ; d. approve the political and administrative statutes territory of Macao; d.enact legislation on all subjects except those laws ; h.authorise the government to raise loans and gal's rights to adjacent sea-beds; j. approve treaties on matters within its own legisla to: Executive and legislative powers of the autonomous regions; c.approve the Statute of the territory of the the Revolution or the government; e.confer legislative authority on the Government; f.grant amnesties; g. approve the national planning laws and budget conditions ; i. define the limits of territorial waters and Portu 87
The Assembly of the Republic shall have the following supervisory competence: a. to ensure the fulfilment of the Constitution and laws and to scrutinise the acts of the Govern ment and public administrative authorities; b.to ratify declarations of a state of siege or those issued in the exercise of the government's public bodies to be stipulated by law,not later than 31 December of the following year,with the r e p o r t o f t h e C o u r t o f A u d i t , if p r e p a r e d , a n d a n y other information necessary for their scrutiny; e.to scrutinise the annual progress reports and final report on the National Plan,which reports shall be submitted jointly with the public ac counts. ARTICLE 166 As regards its relations with other organs, the Assembly of the Republic shall be competent to: sion of the organs of the autonomous regions;
end of that period; c.to ratify decree-laws of the government,except 88 Supervisory powers reserve legislative powers; d. to receive the accounts of the state,and of other Powers in relation to other organs a. scrutinise the government's programme ; b. pass motions of confidence in,and censure of, the government; c. express opinions on the dissolutions or suspen
ARTICLE 167 a.theacquisition,lossandre-acquisitionofPortu emergency ; e. thedeterminationofcrimes,penalties,security measures,and criminal proceedings,except as provided in Article 148 (1) (a); f.the election of members of the organs of supreme authority,the organs of the autonomous regions and local authorities; g. political parties and associations; h.the organisation of local authorities; i. participation by the local people's organisations the Ministério Público and the status of their members,except in the case of military courts and without prejudice to Article 218 (2); I. the organisation of national defence and determi nation of the duties to which it gives rise; m . the organisation and sphere of action of the civil service and the civil liability of the Adminis tration ;
The Assembly of the Republic shall have sole legislative competence in the following matters: guese citizenship; b. The status and capacity of persons; c.rights,freedoms and safeguards; d. the conditions relating to states of siege and in local government; j. the organisation and powers of the courts and 89
0. the creation of taxes and the revenue system; p. determination of the sectors of ownership of the means of production,including the basic sectors in which private firms and other bodies of a like nature are forbidden to operate; q. the methods and forms of intervention,nationali tion ; r.the bases of agrarian reform, including the criteria for determining the maximum size of National Planning Council and the determination of planning regions and of a system of regional blic,the members of the Assembly and Govern ment and the judges of the higher courts. ARTICLE 168 2. Authorisation to legislate shall not be used more than once, but may be used in stages. 3. Authorisationsshalllapsewhenthegovernment to which they were granted ceases to hold office,when legislative period ends or when the Assembly is dis solved .
s. the monetary system and the standard of weights and measures; t.the planning system, the membership of the sation and socialisation of the means of produc tion and the criteria for determining compensa planning organs; u.the remuneration of the President of the Repu Authorisations to legislate 1. The Assembly of the Republic may authorise the government to issue decree-laws on matters within its own sole powers, and shall specify the subject matter and scope of the authorisation and its duration, which may be extended. 90
2. The acts as provided for in Articles 164 (b)-(1) and 165 (b) shall take the form of laws. 3. TheactsprovidedinArticle166(a)and(b)shall take the form of motions. 5. Resolutions,except those approving internatio nal treaties,shall be published irrespective of promulga tion. ARTICLE 170 3. Onceabillhasbeenfinallyrejecteditshallnot be re-introduced in the same legislative period unless the Assembly of the Republic has been re-elected. 4. Billsnotvotedonduringthelegislativesession in which they were presented need not be reintroduced in the following session except where the legislative period has ended,the Assembly has been dissolved or, in the case of private members bills, the government has ceased to hold office. 91
1. Power to initiate legislation shall lie with the Members of the Assembly,with the government and,in the case of the autonomous regions,with their respecti ve regional assemblies. Form of acts of the Assembly The acts provided for in Article 164 (a) shall take the form of constitutional laws. 4. OtheractsoftheAssemblyoftheRepublicshall take the form of resolutions. 2. MembersoftheAssemblyshallnottablebillsor move amendments involving any increase in state expenditure or any reduction of state revenue as provided in the budget law.
Ratification of decree-laws 1. A decree-law published by government while the Assembly of Republic is in session,shall be deemed to have been ratified if, at one of the fifteenth sittings subsequenttopublication,atleastfivemembersofthe Assembly don't request that it shall be subjected to ratification . 2. A decree-law published by the government when the Assembly of the Republic is not in session,or under an authorisation to legislate,shall be deemed to have been ratified unless,at one of the first five sittings subsequent to publication,at least twenty members of the Assembly request that it shall be subject to ratification . 3. Ratification may be granted subject to amend ments , in which case the legislative order shall remain amended as provided in the law voted by the Assembly. 4. If ratification is refused, the decree-law shall lapse on the day on which the Assembly's resolution was published in the Diário da República.
Deliberation and voting 1. The deliberation on any bill shall include a general debate and a debate on details. 3. Matters included in article 167. (c), (d), (g), (h), (i), will always be voted on details. ARTICLE 172 1 92
CHAPTER III Organisation and working ARTICLE 174 Legislative period of dissolution, the Assembly sub sequently elected shall not begin a new legislative period. 3. In the event of an election, as a result of dissolution,during the last legislative session,the newly elected Assembly shall complete the current legislative period and continue throughout the following one. dissolution 1. The order dissolving the Assembly of the Republic shall state the date for the new election,which shall be held within 90 days in accordance with the electoral law in force at the time of dissolution. 2. The Assembly of the Republic shall not be dissolved during a state of siege or emergency. 3. In case of failure to observe this article the dissolution shall be void.
The Assembly of the Republic may,at the initiative of any one of its members or the government,decide that any bill or motion for a resolution or the scrutiny of any decree-law whose examination is recommended to it by the Standing Committee shall be dealt with by emergency procedure. 1. Each legislative period shall last four years. 2. In case of ARTICLE 175 93
2. Ifthatdatefallsoutsidethelegislativesession, the Assembly shall meet to give effect to Article 178. Legislative session and convening of the Assembly 1. The legislative session shall run from 15 Octo ber to 15 June,without prejudice to any suspensions that the Assembly may decide. Extraordinary sessions of the Assembly may be convened by the President of the Republic to deal with specific business. Internal powers of the Assembly The Assembly of the Republic shall be competent to draw up and approve its Rules of Procedure in accordance with the Constitution , to elect its President and the other members of the Bureau (Mesa) and to constitute and elect the Standing Committee and other committees Orders of the Day for plenary sittings 1. TheOrdersoftheDayshallbedrawnupbythe President of the Assembly in accordance with the
1. The Assembly of the Republic shall meet of right on the tenth day after the final results of the election are known . 2. Outsidetheperiodindicatedintheforegoing paragraph , the Assembly shall meet at the initiative of the Standing Committee or,in case of grave emergency, ifthe Standing Committee isunable to meet,on itsown initiative. ARTICLE 177 ARTICLE 178 ARTICLE 179 94
2. TheGovernmentmayrequestpriorityformat ters of national interest requiring urgent settlement. ARTICLE 180 Attendance by members of the government at plenary sittings 1. MembersoftheGovernmentshallbeentitledto attendandspeakatplenarysittingsoftheAssembly,as provided in the Rules of Procedure. 2. Sittings may be fixed by agreement with the government,at which its members shall be present to answer oral or written questions and requests for information by members of the Assembly. ARTICLE 181 1. The Assembly of the Republic shall have the committees provided for in its Rules of Procedure and may establish committees of enquiry or committees for any other specific purpose.
determine the Orders of the Day for a certain number of sittings, according to criteria to be laid down in the Rules of Procedure,due regard being always had to the position of minority parties or parties not represented in the Government. 2. CommitteesmayrequestmembersoftheGov ernment to attend their meetings. 3. PetitionstotheAssemblyshallbeexaminedby the committees, which may ask any citizens to give evidence before them. Committees 95
The Standing Committee shall be competent to: a.follow the work of the Government and the administration ; b. exercise the powers of the Assembly with regard to the mandates of its members; c. have the Assembly convened whenever neces sary ; d. make preparations for the opening of the legisla is sitting, of legislative orders published by the government . ARTICLE 183 a. to take part in committees of the Assembly in designate its representatives; b. to be consulted in the drawing up of the Orders on matters of general policy, by means of interpellations to the government;
1. Between legislative sessions and during sus pensions,the Standing Committee of the Assembly shall function . 2. Eachparliamentarygroupshallhavethefollow ing rights: proportion to the number of its members and to ARTICLE 182 tive session ; e. recommend the examination,when the Assembly Parliamentary groups 1. The members of the Assembly elected for each party or combination of parties may form a parliamenta ry group. of the Day; c. to initiate two debates in each legislative session
3. Eachparliamentarygroupshallbeentitledtoa 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 184 Officials and specialists serving the Assembly The work of the Assembly and its committees shall be assisted by a permanent staff of technical and administrative officials and by specialists appointed or temporarily employed,in whatever numbersthe Presi dent shall consider necessary. CHAPTER 1 Function and structure ARTICLE 185 Definition 1. Thegovernmentistheorganforconductofthe country's general policy and the highest organ of public administration . 2. The government determines and carries out its policy in observance of the Constitution and in accor dance with the objectives of democracy and the building of socialism .
e.to request the establishment of parliamentary SECTION V committees of enquiry. Government 97
Composition 1. The Government shall comprise the Prime Minister,the other Ministers and the State Secretaries and Under-Secretaries. 3. The number of Ministries and State Secretari ats, their titles and powers and the forms of co ordination between them shall be laid down in the order appointing the holders of the respective offices or by legislative order, as the case may be. Council of Ministers 1. The Council of Ministers shall comprise the Prime Minister,the Deputy Prime Ministers,ifany,and the other Ministers. 2. Councils of specialist ministers may be establi shed by law for particular subjects. 3. The State Secretaries and Under-Secretaries may be called to meetings of the Council of Ministers. ARTICLE 188 Temporary replacement of members of the government 1. If there is no Deputy Prime Minister, the Prime Minister's place shall be taken in this absence or inability to act by the Minister w h o m he shall designate to the President of the Republic or, in the absence of such designation,by the Minister whom the President of the Republic shall appoint for the purpose after consulting the Council of the Revolution. 2. Each Minister's place shall be taken in this absence or inability to act by the State Secretary w h o m
ARTICLE 187 98
ARTICLE 189 Cessation of functions 1. The Prime Minister shall cease to hold office when relieved of his post by the President of the Republic. 2. Any other member of the government shall cease to hold office when relieved of his post by the Prime Minister. 3. A State Secretary or Under-Secretaries shall cease to hold office when relieved of his post by the appropriate Minister. 4. In case of resignation the members of the outgoing government shall continue in office until the new government takes office. CHAPTER 1 ARTICLE 190 1. The Prime Minister shall be appointed by the President of the Republic after consultation with the Council of the Revolution and with the parties represented in the Assembly of the Republic, due regard being had to the election results. 2. The remaining members of the government shall be appointed by the President of the Republic on the proposal of the Prime Minister. 99
Formation
The government's programme shall set forth the principal political and legislative measures to be taken or to be proposed to the President of the Republic or the Assembly of the Republic with a view to implemen tation of the Constitution. ARTICLE 193 Political responsibility of the government T h e government shall be responsible for its actions to the President of the Republic and the Assembly of the Republic. ARTICLE 194 Political responsibility of members of the Government 100
shall be politically responsible to the Prime Minister and,in the context of the government's responsibility, to the Assembly of the Republic. ARTICLE 191 ARTICLE 192 Collective responsibility The members of the government shall be bound by its programme and bythe decisions taken in the Council of Ministers. 1. ThePrimeMinistershallbepoliticallyresponsi ble to the President of the Republic and,in the context of the government's responsibility, to the Assembly of the Republic 3. EachStateSecretaryandUnder-Secretaryshall be politically responsible to the Prime Minister and to his own Minister.
3. Thedebateshallnotexceedfivedays,anduntil it is closed any parliamentary group may propose rejection of the government's programme. 4. Rejectionofthegovernment'sprogrammeshall require an absolute majority of members of the Assem bly entitled to vote. ARTICLE 196 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. 1. 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 programme or any matter of national interest.
1. The government's programme shall be present ed to the Assembly of the Republic for scrutiny within not more than 10 days of the appointment of the Prime Minister. 2. IftheAssemblyoftheRepublicisnotinsession it shall be required to be convened for the purpose by its President. Motions of censure ARTICLE 195 ARTICLE 197 2. A motion of censure shall not be considered until48hoursafterithasbeentabled.Thedebateonit shall not last more than three days. 101
ARTICLE 198 interval of not less than 30 days by an absolute majority of members of the Assembly entitled to vote. 2. ThePresidentoftheRepublicshallnotdissolve the Assembly for rejection of the government's pro gramme,exceptincaseofthreeconsecutiverejections. ARTICLE 199 Civil and criminal liability of members of the government 1. Membersofthegovernmentshallbecivillyand criminally liable for the acts they perform or legalise. 2. Ifcourtproceedingsaretakenagainstamem ber of the government for any crime and he is indicted or similarly charged, where the crime carries a major sentence, the proceedings shall take their course only if he is suspended from office.
Effects of Assembly votes 1. The government shall resign if: a. its programme is rejected; b. a motion of confidence is not approved ; C. two motions of censure are approved at an (1) From 2 to 20 years in jail. 102
nal conventions; c. to approve international agreements and those treaties whose approval is not within the powers of the Council of the Revolution or the Assembly of the Republic or which have not been submit Constitution or by law. the Council of the Revolution or the Assembly of Assembly of the Republic,subject to its authori sation ; c. to issue decree-laws in application of laws laying down legal principles or bases. 2. The government shall have sole legislative competence in matters concerning its own organisation and working.
Republic as provided in Article 141; b. to negotiate and approve the texts of internatio Powers Political powers Legislative powers 1. The government shall have the following legis lative competence: a. to issue decree-laws on matters not reserved to The government shall have the following political competence: a.to countersign acts of the President of the ted to the Assembly; d.toperformotheractscommittedtoitunderthe ARTICLE 201 the Republic; b. to issue decree -laws on matters reserved to the 103
b. to draw up the General Budget of the State,on the basis of the respective law,and carry itinto effect; c. to issue the regulations necessary to give due trative services and activities of the state and officials and personnel of the state and of other Powers of the Council of Ministers a. determine the general lines of government policy the Assembly of the Republic;
Ministers shall be signed by the Prime Minister and the competent Ministers. Administrative powers independent branches of administration; e. to perform all acts required by law in relation to necessary to the promotion of economic and social development and satisfaction of the needs of the community. public bodies corporate; f. to defend democratic legality; ARTICLE 202 The government shall have the following compe tence : a.todrawuptheNationalPlan,onthebasisofthe effect to the laws; d.to superintend the direct and indirect adminis g. to perform all acts and make all arrangements ARTICLE 203 1. TheCouncilofMinistersshallbecompetentto: and its implementation; b. decide whether to seek votes of confidence in 104
d. approve decree-laws in direct implementation of increases or decreases in public revenue or expenditure; g.decide other matters within the government's competence that are committed to it by law or are submitted by the Prime Minister or any other Minister. 2. Councils of specialist Ministers shall exercise the competence attributed to them by law or delegated to them by the Council of Ministers. ARTICLE 204 Powers of members of the government 1. The Prime Minister shall be competent to: a. direct the government's general policy, co -ordinating and guiding the action of all minis tries; b. direct the government's working and establish the general relations between it and other under the Constitution or by law. 2. Ministers shall be competent to: a. carry out the policies laid down for their minis government and other organs of the state where their own ministries are concerned.
organs of the state; c. perform any other functions committed to him tries: b.establish the general relations between the 105 the government's programme; e.approve the National Plan and the Budget; f. approve acts of the government that involve
Judicial function In administering justice the courts shall ensure the defence of those rights and interests of citizens that are protected by law, punish violations of democratic legality and settle public and private conflicts of interest. Findings as to unconstitutionality The courts shall not apply unconstitutional provi sions or law to matters brought before them,and for this purpose they shall be competent,without prejudice to Article 282, to find that such a provision is unconstitutional.
The courts shall be independent and subject only to the law. CHAPTER 1 General principle ARTICLE 205 Definition The courts are the organs of supreme authority competent to administer justice in the name of the people. ARTICLE 206 ARTICLE 207 ARTICLE 208 ARTICLE 209 Assistance by other quthorities In the discharge of their functions the courts shall be entitled to the assistance of other authorities. 106
1. The decisions of the courts shall be binding on all public and private bodies and shall prevail over the decisions of all other authorities. 2. The conditions of enforcement of the courts' decisions in relation to all other authorities, and the penalties for failure to enforce such decisions,shall be regulated by law. ARTICLE 211 Hearings before the courts Hearings before the courts shall be public,except when the competent court shall show cause for deciding otherwise, in order to safeguard personal dignity and public morals or to ensure its own proper working . CHAPTER 11 2. There shall be courts martial and a Court of Audit. 3. Theremaybeadministrativecourtsandrevenue courts. 107
Categories of courts 1. There shall be courts of law of first instance, courts of second instance and the Supreme Court of Justice. ARTICLE 210 ARTICLE 212 ARTICLE 213 Specialisation 1. In the first instance there may be courts with special jurisdiction and courts specialising in the hearing of specific matters.
2. Thecourtsofsecondinstanceshallasarulebe the Courts of Appeal. ARTICLE 215 ARTICLE 216 1. Each jury shall comprise the judges of the plenary court and jurymen. 2. The jury shall take part in the trial of serious crimes when the prosecution or the defence so demands. Participation by the people and technical assessors 1.
Supreme Court of Justice The Supreme Court of Justice shall be the highest Court of law. People's judges may be created, and other forms of participation by the people in the administra tion of justice established, by law. 108 3. TheSupremeCourtofJusticeshallserveasa court of first or second instance in cases to be determined by law. Juries ARTICLE 214 Levels of jurisdiction 1. The courts of first instance shall as a rule be the District Courts, in addition to which there may be the courts referred to in article 213 (1). ARTICLE 217
1. The Courts Martial shall have jurisdiction for the trial of essentially military offences. 2. Where good cause exists therefor, deliberate offences comparable to the offences covered by the foregoing paragraph may be included by law in the jurisdiction of the Courts Martial. Jurisdiction of the Court of Audit The Court of Audit shall have jurisdiction for the giving of opinions on the general accounts of the state, for scrutinising the lawfulness of public expenditure and for passing judgement on such accounts as shall be required by law to be submitted to it. CHAPTER III ARTICLE 221
Judges of the courts of law Unity of the Bench The judges of the courts of law shall form a single body governed by a single statute. Safeguards 1. Judges shall be irremovable and shall not be transferred,suspended,retired or dismissed except as provided by law. ARTICLE 219 ARTICLE 220 109
ARTICLE 222 «Conselho Superior da Magistratura» Higher Council of the Bench 1. The rules for membership of the Conselho Superior da Magistratura shall be laid down by law. There shall be members elected by the judges from among their own number. 2. TheConselhoSuperiordaMagistraturashallbe competent to appoint judges, assign them to specific posts,transferthem,promotethemandtakedisciplina ry action. CHAPTER IV «Ministério Público» State Counsel Division Functions and status
ty of the Conselho Superior da Magistratura, be appointed to commissions providing services unrelated to judicial work. Cases of incompatibility 1. Practisingjudgesshallnotholdanyotherpaid office, whether public or private. ARTICLE 223 ARTICLE 224 1. The Ministério Público shall be competent to represent the state, take criminal proceedings and 110
2. The Ministério Público shall have independent status. ARTICLE 225 Staff of the Ministério Público 1. The staff of the Ministério Público shall be responsible members of the judicial profession,hierar chically graded,and shall not be transferred,suspend ed, retired or dismissed except as provided by law. 2. The Procuradoria-Geral da República shall be competent to make appointments to the staff of the Ministério Público, assign them to specific posts, transfer them, promote them and take disciplinary action . ARTICLE 226 «Procuradoria-Geral da República» Office of the State Counsel General 1. The Procuradoria -Geral da República shall be the highest organ of the Ministério Público and shall be presided over by the Procurador-Geral da República. 2. The rules for the organisation and membership of the Procuradoria-Geral da República shall be laid down by law. SECTION VII Political and administrative status of the Azores and Madeira 1. Thespecialpoliticalandadministrativearrange ments for the archipelagos of the Azores and Madeira 111
peoples of the islands to autonomy. 2. The autonomy of the regions shall serve 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. 3. The political and administrative autonomy of the regions shall in no way affect the state's full sovereignty and shall be exercised within the limits of the Constitution. Statutes 1. Thepoliticalandadministrativestatutesforthe autonomous regions shall be drafted by the regional assemblies and submitted to the Assembly of the Republic for discussion and approval. 2. If the Assembly of the Republic rejects or amends a draft itshall return itto the regional assembly concerned for its consideration and opinion. Powers of the autonomous regions 1. The autonomous regions shall be public law bodies with the following powers,which shall be further defined in their statutes: a. to legislate, in observance of the Constitution and the general laws of the Republic,on such matters of special interest to the regions as are
112 ARTICLE 228 ARTICLE 229
d.to exercise their own executive authority; e. to administer and dispose of their own assets and to perform acts and conclude contracts in which they have an interest; f. to dispose of revenue .collected by them and of any other revenue assigned to them and to apply all such revenue in cover of their own expenses; g. to guide and supervise their local authorities; h.to supervise public departments and institutions and nationalised undertakings whose activities are confined to the region in question and to exercise supervision in other cases where war ranted by the regional interest; i.to draw up the regional economic plan and participate in the preparation of the National Plan; j.to take part in laying down and implementing fiscal,monetary,financial and foreign exchange policies in such a way as to secure regional control of the means of payment in circulation and provide funds for the investment necessary to their economic and social development ; I. to participate in negotiating international treaties and agreements of direct concern to them and to 2. The regional assemblies may request the Coun cil of the Revolution to declare unconstitutional any 113
supreme authority; b.to issue regulations under regional legislation ·and under such general laws passed by the organs of supreme authority as do not reserve to those organs the right to issue the regulations in question ; c.to initiate legislation by tabling bills in the share in any benefit derived therefrom.
ARTICLE 230 The autonomous regions shall not: a. restrict the rights of workers as recognised by and goods between them and the rest of the sons born or resident in the region. ARTICLE 231 Co-operation between the organs of supreme authority and the 2. The organs of supreme authority shall always consult the organs of regional government on those questions within their powers which concern the auto nomous regions. Representation of the Republic's supreme authority
national territory; C. restrict any occupation or public office to per 1 1 law ; b. impose restrictions on the passage of persons regional organs 1. The organs of supreme authority shall, in co-operation with the organs of regional government, ensure the economic and social development of the autonomous regions, and shall seek in particular to correct inequalities caused by their insular situation. ARTICLE 232 1. Ineachoftheautonomousregionsthesupreme authority of the Republic shall have special representa tion through a Minister of the Republic appointed by the President of the Republic on the proposal of the 114
3. The Minister of the Republic shall superintend the administrative functions performed by the state in the region and coordinate them with those performed by the region itself. 4. In his absence or inability to act,the place of the Minister of the Republic in the region shall be taken by the President of the regional assembly. Governing organs in the regions 1. The regional assembly and the regional govern ment shall be governing organs peculiar to each region. 2. Theregionalassemblyshallbeelectedbydirect and secret universal suffrage in accordance with the principle of proportional representation. 4. The regional government shall be politically responsible to the regional assembly.ItsChairman shall be appointed by the Minister of the Republic, due regard being had to the election results. 5. The Minister of the Republic shall appoint and dismiss the other members of the regional government on proposals by itsChairman.
second part of Article 229 (b) and Article 229 (c) and sole power to approve the regional budget and economic plan. 2. TheMinisteroftheRepublicshallbecompetent to coordinate the work of the central departments of stateasitaffectstheinterestsoftheregion,forwhich purpose he shall have ministerial powers and a seat in meetings of the Council of Ministers that deal with matters of interest to the region concerned. ARTICLE 233 115
1. The President of the Republic may,after con sulting the Council of the Revolution and the Assembly of the Republic,dissolve or suspend the organs of the autonomous regions for acts contrary to the Constitu tion . 3. Suspensionoftheregionalorgansshallbefora fixed period not exceeding 15 days.There shall not be more than two suspensions in any one legislative period of the regional assembly. 4. In case of dissolution or suspension of the regional organs,the government of the region shall be carried on by the Minister of the Republic. Regional decrees 1. Regional decrees and regulations issued under the general laws of the Republic shall be submitted to the Minister of the Republic for signature and publica tion . 2. Within 15 days of receiving any decree or regulationsasprovidedintheforegoingparagraph,the Minister of the Republic may exercise his right of veto, showing his reasons therefor in writing and requesting further consideration of the decree or regulations. 3. Iftheregionalassemblyconfirmsitsvotebyan absolute majority of itssitting members,signature shall not be refused. 116
2. Dissolutionoftheregionalorgansshallnecessi tate a new election within not more than 90 days, in accordance with the electoral law in force at the time of dissolution,failing which the dissolution order shall be void. ARTICLE 235
Advisory Commission on the autonomous regions 1. The President of the Republic shall be assisted by an advisory Commission on the affairs of the autonomous regions, which shall be competent to express opinions on : a. the lawfulness of acts of the regional organs at the request of the Minister of the Republic; b. the confirmity of the laws, regulations and other acts of the organs of supreme authority with the rights of the regions as set forth in their statutes, at the request of the Presidents of the Regional the President of the Republic or which it shall have power to consider by virtue of the statutes or the general laws of the Republic. 2.The Commission shall comprise: a. one citizen of acknowledged merit,who shall be Republic; b. four citizens of acknowledged merit and proved and one by each regional assembly. 3. Thecourtoffinalinstancedesignatedbylawof the Republic shall have jurisdiction in the matters provided for in paragraph 1 (a) and (b) above.
Assemblies ; c. other matters which may be submitted to it by Chairman, appointed by the President of the competence in legal matters,two of whom shall be appointed by the Assembly of the Republic 117
Local authorities 1. The democratic organisation of the state shall include local authorities. 2. Local authorities shall be territorial bodies corporate with representative organs serving the parti cular interests of the local population. Categories of local authorities and administrative division 1. The local authorities on the mainland shall be the parishes, municipal authorities and administrative regions. 2. The autonomous regions of the Azores and Madeira shall comprise parishes and municipal authori ties. 3. Inlargemetropolitanareasotherorganisational forms of territorial self-government may be established by law in accordance with special local conditions. 4. The administrative divisions of the national territory shall be established by law. 118
SECTION VIII Local Government ARTICLE 237 ARTICLE 238 ARTICLE 239 Functions and organisations of local authorities The functions and organisations of local authorities and the powers of their organs shall be regulated by law in accordance with the principle of administrative decentralisation .
Local assets and finance 1. Thelocalauthoritiesshallhavetheirownassets and financial resources. 2. Thesystemoflocalfinanceshallbeestablished by law and shall aim at the fair apportionment of public funds by the state and local authorities and at the necessary correction of inequalities between local au thorities on the same level. 3. Localauthorities'own receiptsshallinallcases include the income from management of their assets and the amounts collected for use of their services. ARTICLE 241 Deliberating and executive organs 1. The organisation of each local authority shall include an elected assembly with powers of decision and a corporate executive organ responsible to it. 2. The assembly shall be elected by direct and secret universal suffrage of the resident citizens, accor ding to the system of proportional representation. The assemblies of local authorities shall 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 243 Administrative oversight 1. The oversight of local authorities shall be exercised on the mainland by the government and in 119
local autonomy shall require the prior opinion of a local authority organ to be determined by law. ARTICLE 244 Local government staff establishment 1. Inordertoassistlocalauthoritiesandgivedue effect to their actions, a staff establishment shall be organised under the competent ministry, to include technicians in matters of especial concern to local government. CHAPTER II Parishes ARTICLE 245 Organs of the parish The representative organs of the parish shall be the parish assembly and the parish committee. ARTICLE 246
officers to local authorities shall be subject to consulta tion of the authorities concerned. the Azores and Madeira by the local regional organs,in accordance with the forms and in the cases provided for by law. 3. Dissolution of the assembly shall be accompa nied by the fixing of a date for a new election,which shall be held within 60 days, and there shall be no further dissolution within one year. Parish assembly 1. The parish assembly shall be elected by the citizens entitled to vote who are resident within the parish . 120
3. 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 . Parish committee 1. The parish committee shall be the executive o r g a n o f t h e p a r i s h . It s h a l l b e e l e c t e d b y t h e a s s e m b l y in secret ballot from among its members. 2. The chairman of the committee shall 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 248 Municipal authorities
The parish assembly may delegate to the local people's organisations administrative duties that do not involve the exercise of authority. ARTICLE 247 CHAPTER III ARTICLE 249 «Concelhos » and municipal authorities The existing concelhos shall be the municipal authorities provided for in the Constitution.Others may be created, or those that are manifestly not viable, abolished by law. 121
Municipal assembly The municipal assembly shall comprise the chair men of the parish councils and at least an equal number of members elected by the votes in the municipal area. Associations and federations 1. Municipal authorities may form associations and federations for the administration of common interests.
The municipal chamber shall be the corporate executive organ of the municipal authority. It shall be elected by the citizens entitled to vote who are resident in its area. The chairman shall be the candidate who heads the list that received the most votes. Municipal council The municipal council shall be the municipal authority's advisory organ . Its membership shall be laid down by law in such a way as to ensure fair representation of the economic social, cultural and professional organisations in the municipal area. 122 ARTICLE 250 Municipal organs The representative organs of the municipal authori ty shall be the municipal assembly, the municipal chamber and the municipal council. ARTICLE 252 ARTICLE 253 ARTICLE 254
Municipal authorities shall be entitled to share in the receipts from direct taxation,as laid down by law. CHAPTER IV 3. Theeffectiveestablishmentofeachregionshall be subject to favourable votes by a majority of the municipal assemblies representing the greater part of the population of the regional area. ARTICLE 257 ARTICLE 258 Organs of the region The representative organs of the region shall be the regional assembly, the regional committee and the regional council.
2. Theareasoftheregionsshallcorrespondto those of the planning regions. arrangements aplicable to each region. ARTICLE 255 Administrative regions ARTICLE 256 Establishment of regions 1. The regions shall be established simultaneous ly.The regional statute may lay down differences in the Functions In addition to their participation in the preparation and implementation of the regional plan,the regions shall be given specific duties involving co-ordination of and support for the actions of the municipal authorities and management of public services. 123
The regional assembly shall comprise,in addition to representatives elected directly by the citizens, at least an equal number of members elected by the municipal assemblies. ARTICLE 261 Representative of the government In each region there shall be a representative of the government,appointed by the Council of Ministers. He shall also be competent to deal with the local authori ties in the area of the region. ARTICLE 263 1. Pending establishment of the regions, the divi sion into districts shall continue. 124
The regional committee shall be the corporate executive organ of the region. It shall be elected by the regional assembly in secret ballot from among its members. Regional council The regional council shall be the advisory organ of theregion.Itsmembershipshallbelaiddownbylawin such a way as to ensure fair representation of the cultural, social, economic and professional organisa tions in the area of the region. ARTICLE 259 ARTICLE 260 ARTICLE 262 Districts
be competent to represent the government and exercise oversight in the area of the district. CHAPTER V Local peoples' organisations ARTICLE 264 Establishment and area 1. With a view to intensifying participation by the population in local administration,local people's orga nisations may be established for areas smaller than the parish. Structure 2. The assembly of residents shall comprise the residents enrolled in the census of the parish and those not so enrolled who are over 16 years of age and furnish documentary proof that they are residents.
3. TheAssemblyshallmeetwhenpubliclyconve ned,withdue notice,byatleast20ofitsmembers orby the committee of residents. 2. The parish assembly shall,on itsown initiative or if so requested by committees of residents or by a significant number of residents, demarcate territorial areas for the organisations referred to in the foregoing paragraph and settle any disputes resulting therefrom. 1. The structure of the people's organisations shall be as laid down by law and shall include an assembly of residents and a committee of residents. ARTICLE 265 125
secret ballot by the assembly of residents,which may dismiss it at will. ARTICLE 266 a. petition local authorities on administrative mat ters of concern to residents; b. participate through its representatives, in the parish assembly,without the right to vote. 2. Local people's organisations shall be compe tent to perform duties conferred on them by law or delegated to them by the organs of the parish. SECTION IX Public administrative authorities ARTICLE 267 2. The organs and staff of the administrative authorities shall be subject to the Constitution and the law and shall exercise their functions fairly and impar tially. Structure of public administrative authorities 1. The structure of public administrative authori ties shall be such as to bring their services close to the
1. Local people's organisations shall be entitled to: Fundamental principles 1. Public administrative authorities shall seek to promote the public interest, while observing those rights and interests of citizens that are protected by law. ARTICLE 268 126
2. For the purposes of the foregoing paragraph, suitable forms of administrative decentralisation and devolution shall be established by law,without prejudi ce to the efficiency and unity of action that are necessary or to take the government's powers to direct and supervise. 3. Administrative procedures shall be dealt with in a special law, which shall ensure rationalisation 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 269 Rights and safeguards of citizens in relation to public administrative authorities 1. Citizens shall be 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. 2. Interested parties shall have access to the courts to plead the unlawfulness of any final and enforceable act of public administrative authorities. ARTICLE 270 1. Officialsandpersonnelofthestateandofother public bodies will exclusively serve public interest,as it is defined by competent organs of Administration. 2. The officials and personnel of the state and of other public bodies shall not suffer damage or receive 127
3. In disciplinary proceedings the right of the individual concerned to be heard and to defend himself shall be secured. 4. Nooneshallholdmorethanonepublicpostor office except in cases expressly provided for by law. 5. Casesofincompatibilitybetweentheholdingof a public post or office and other activities shall be laid down by law. Liability of officials and personnel 1. Officialsandpersonnelofthestateandofother public bodies shall be liable to civil, criminal or disciplinary proceedings in respect of actions and omissions which result in infringements of those rights or interests of citizens that are protected by law. The taking of action or proceedings against an official or member of personnel shall not at any stage be subject to approval by a higher authority. 3. Thedutyofobedienceshallceasewheneverthe carrying out of orders or instructions involves commit ting some criminal offence. 4. The conditions on which the state and other public bodies shall be entitled to recover the amount of indemnities previously paid by them from officials and their personnel shall be regulated by law.
ARTICLE 271 2. An official or member personnel who acts in accordance with orders or instructions on a service matter from his legitimate superior shall not be held liable provided thathe previously requested or required that they should be given or confirmed in writing. 128
1. Thepoliceshallhavethefunctionofdefending democratic legality and the rights of citizens. 3. The prevention of crimes, including crimes against the security of the state,shall be performed with due regard to the general rules governing the police and to the rights,freedoms and safeguards of citizens. Functions 1. The Portuguese Armed Forces shall safeguard national independence,the unity of the state and the integrity of the national territory. 3. The Portuguese Armed Forces shall safeguard the proper functioning of democratic institutions and the fulfilment of the Constitution. 5. The Portuguese Armed Forces shall co-operate in the work of national reconstruction. 129
SECTION X Armed Forces ARTICLE 272 ARTICLE 273 2. ThePortugueseArmedForcesshallformpart of the people and,in keeping with the spirit of the Programme of the Armed Forces Movement, shall secure the continuation of the Revolution of 25 April 1974. 4 . The Portuguese Armed Forces shall have the mission before history of ensuring conditions in which Portuguese society may effect a peaceful and pluralist transition to democracy and socialism.
2. The Portuguese Armed Forces shall comprise only Portuguese citizens. 3. The Portuguese Armed Forces shall obey the competent organs of supreme power as provided in the Constitution . ARTICLE 275 Independence of parties 1. The Portuguese Armed Forces shall be strictly non -party and shall serve the Portuguese people, not any party or organisation. 2. The members of the Portuguese Armed Forces shall comply with the aims of the Portuguese people as set forth in the Constitution and shall not use their arms, their posts or their ranks in order to impose, influence or prevent the choice of any particular democratic course of policy. ARTICLE 276 Defence of the country and military service 1. The defence of the country is a fundamental duty of every Portuguese. 2. Military service shall be compulsory, for a period and on conditions to be laid down by law. 3. Persons considered unfit for armed military service and conscientious objectors shall perform unar 1 <
1 Į .. ARTICLE 274 Structure 1 1 ! 130
4. Civicservicemaybeestablishedasasubstitute for or as a complement to military service and may be made compulsory by law for citizens not subject to military service. 5. Nocitizenshallkeeporobtainanyofficeinthe state or in any other public body if he fails to perform his military service or civic service, if compulsory. 6. Performance by a citizen of military service or compulsory civic service shall be without prejudice to his post,social security benefits or permanent career. PART IV Safeguards and revision of the Constitution SECTION 1 Safeguards for the Constitution CHAPTER 1 Scrutiny for constitutionality Preventive scrutiny for constitutionality 1. All instruments sent to the President of the Republic for promulgation as a law or decree-law and allinstruments approving international treaties or agree ments shall simultaneously be sent to the Council of the Revolution and shall not be promulgated until five days have elapsed since their receipt by the Council.
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gate it immediately. 3. If the Council of the Revolution has doubts about whether an instrument is constitutional and wishes to scrutinise it,itshall so inform the President of the Republic within the period provided for in paragraph 1, so that he does not promulgate it. 4. IftheCounciloftheRevolutiondecides,orthe President of the Republic requests,that the constitutio nality of an act should be examined,the Council shall give its opinion within 20 days, which period may be reduced by the President in urgent cases. Effects of decision 1. If the Council of the Revolution rules that any act is unconstitutional, the President of the Republic shall exercise his right of veto and shall not promulgate or sign the act. 2. InthecaseofaninstrumentoftheAssemblyof the Republic, it shall not be promulgated unless the Assembly approves it again by a majority of two thirds of its members present. 3. Inthecaseofaninstrumentofthegovernment it shall not be promulgated or signed. Unconstitutionality by omission When, by omission of the legislative measures necessary to give effect to its provisions,the Constitu tion is not fulfilled, the Council of the Revolution may recommend to the competent legislative organs that they shall take such measures within a reasonable time.
ARTICLE 279 132
1. Provisionsoflawthatinfringeaprovisionofthe Constitution or the principles laid down therein are unconstitutional. 2. Unconstitutional provisions of law shall not be applied by the courts. The Council of the Revolution shall be competent to declare them unconstitutional as provided in the following articles and such declarations shall have general binding force. 3. Organicorformalunconstitutionalityininterna tional conventions shall not prevent application of their provisions in Portuguese municipal law unless such application is impossible in the municipal law of the other party or parties. 2. The Council of the Revolution may make a generally binding declaration that a provision is uncon stitutional ifthe Constitutional Commission has judged it unconstitutional in three specific cases,or in one only if it is organically or formally unconstitutional, without prejudice to cases already judged. ARTICLE 282 Judicial scrutiny for constitutionality 1. Wheneverthecourtsrefusetoapplyaprovision of a law,legislative order,implementing order,regional,
1. The Council of the Revolution shall, at the request of the President of the Republic,the President of the Assembly of the Republic,the Prime Minister,the Provedor de Justiça,the Procurador-Geral da República or, in the cases provided for in Article 229 (2), the assemblies of the autonomous regions, scrutinise any provision and make a generally binding declaration that it is unconstitutional. 133
Constitutional Commission Constitutional Commission The Council of the Revolution shall be assisted by a Constitutional Commission . 2. The Constitutional Commission shall comprise: a member of the council of the Revolution apointed by the Council,who shall be president and shall have a casting vote; four judges, one appointed by the Supreme Court of Justice and the others by the Conselho Superior da Magistratura, one of w h o m shall be a judge of the Courts of Appeal and two shall be judges of the courts of first instance; 134
2. RecourseshallalsobeavailabletotheConstitu tional Commission against any decision that applies a provision previously judged unconstitutional by the Commission.Such recourseshallbefreeofchargeand shall be compulsory in the case of the Ministério Público. a. 1 3. Inthecaseofprovisionsofactsnotcoveredby paragraph 1 above,the judgment of the courts as to constitutionality shall be final. ARTICLE 283 4 1 b. }
e. twocitizensofacknowledgedmeritappointed by the Council of the Revolution,one of them being a lawyer of proved competence. 3. The members of the Constitutional Commission shall hold office for four years, shall be independent and irremovable and, when exercising judicial functi ons, shall enjoy the safeguards as to impartiality and the immunity proper to judges. ARTICLE 284 Powers and duties The Constitutional Commission shall: Constitution have been infringed by omission, as provided in Article 279 and for the purpose tionality submitted to it as provided in Article 282. ARTICLE 285 Organisation,function and procedure 1. The organisation,functioning and procedure of the Constitutional Commission shall be regulated by the Council of the Revolution. 2. Its rules of procedure may be amended by the Assembly of the Republic.
a. give opinions on the constitutionality of acts requiring scrutiny by the Council of the Revolu tion as provided in Articles 277 and 281 (1); b. give opinions on whether the provisions of the the President of the Republic; d. one citizen of acknowledged merit appointed by laid down therein; C. be competent to judge questions of unconstitu
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ARTICLE 286 First revision 1. During the 2nd legislative period the Assembly of the Republic shall have powers of constitutional reform, which shall lapse once the revision law has been approved. 2. Changes in the Constitution shall be approved by a majority of two-thirds of the members of the Assembly present, provided the number of such m e m bers exceeds an absolute majority of members entitled to vote. The President of the Republic shall not refuse to promulgate the revision law. 2. 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. 3. ThechangesintheConstitutionprovidedforin this article shall be approved by a majority of two-thirds of members of the Assembly entitled to vote.
SECTION I Subsequent revisions 1. The Assembly of the Republic may revise the Constitution once five years have elapsed after publica 1 1 1 136 1 ARTICLE 287 ARTICLE 288 Revision procedure 1. MembersoftheAssemblyshallbecompetentto initiate constitutional reform. 1
ARTICLE 289 New text of the Constitution ARTICLE 290 Material limits to revision 1. LawsrevisingtheConstitutionshallnotdetract from : a. national independence and the unity of the large estates; g. the democratic planning of the economy; h. the appointment of the elected members of the organs of supreme authority,the organs of the autonomous regions and the organs of local government by direct,secret and regular uni
1. AmendmentstotheConstitutionshallbeinser ted in their proper place with the necessary substituti ons, deletions and additions. 2. The new text of the Constitution shall be published together with the revision law. state ; b. the republican form of government; c. theseparationofthechurchesfromthestate; d. the rights,freedoms and safeguards of citizens; e. the rights of workers,workers'committees and trade unions; the principle of collectivisation of the main means of production and land and of natural resources and the abolition of monopolies and 137
tion,including political parties, and the right of organs of supreme authority; m. thescrutinyoflegalprovisionsforactiveun constitutionality and unconstitutionality by omis Circumstantial limits to revision No act shall be undertaken to revise the Constitu tion while a state of siege or emergency is in force. Previous constitutional law' 1. Those provisions of the 1933 Constitution, abrogated by the Revolution of 25 April 1974,which were restored to force by Law N.° 3/74 of 14 May shall lapse with the entry into force of this constitution.
i. plurality of expression and of political organisa archipelagos of the Azores and Madeira. 2. Constitutionallawssubsequentto25April1974 that are not referred to in Article 294 and not restored to force by this Chapter shall be considered as ordinary laws,subject always to Article 293. democratic oposition; j. participation by local people's organisations in local government; 1. the separation and interdependence of the sion ; n. theindependenceofthecourts; 0. theautonomyoflocalauthorities; p . the political and administrative autonomy of ARTICLE 291 Final and transitional provisions ARTICLE 292 138
within one year of publication thereof, failing which the said Code and legislation shall lapse. 3. Amendmentofearlierprovisionsrelatingtothe exercise of the rights, freedoms and safeguards laid down in this constitution shall be completed not later than the end of the first legislative session. ARTICLE 294 Entry into operation of the system of organs of supreme authority 2. Those constitutional laws governing the organi sation, powers and working of the organs of supreme authority that have come into force since 25 April 1974 shall continue in force until the date referred to in the foregoing paragraph. Election of the President of the Republic 1. The election of the first President of the Republic under this Constitution shall be held, as provided in Article 128 (2) not later than the 70th day following election of the Assembly of the Republic.
Previous ordinary law 1. Thelawasitexistedbeforetheentryintoforce of this Constitution shall continue in force except in so far as it is contrary to the Constitution or to the principles laid down therein. 1. The system of organs of supreme authority provided for in this constitution shall come into operation with the induction of the President of the Republic elected under the Constitution. ARTICLE 295 139
office shall be competent to fix the date for the election after consulting the Council of the Revolution. 3. By decree-law approved by the Council of the Revolution the Provisional Government shall,in accor dance with the applicable provisions of the Constitu tion, lay down the electoral law for election of the President of the Republic, which law shall remain in force until the Assembly of the Republic has legislated in the matter. 4. ThePresidentoftheRepublicshallbeinducted as provided in Article 130, on the 8th day after the election results are known . ARTICLE 296 First term of office of the President of the Republic 1. The first term of office of the President of the Republic shall end three months after completion of the first legislative period. Constituent powers of the Council of the Revolution The constituent powers conferred on the Council of the Revolution by the constitutional laws subsequent to 25 April 1974 shall lapse when the Constituent Assembly passes the order approving the Constitution.
ARTICLE 297 ARTICLE 298 Election of the Assembly of the Republic 1. The election of members to the first Assembly of the Republic shall he held, not later than the 30th day following the date of the decision approving the 4 140
2. The number of members of the first Assembly of the Republic shall be determined by application of the relevant electoral law prepared by the Provisional Government. First legislative period 1. The first legislative period shall end on 14 October 1980. The first legislative session shall begin on the day fixed in Article 176. 2. Article 174 (3) shall not apply to the first legislative period. 3. Shoulditnotapproveitsrulesofprocedure,the first Assembly of the Republic shall be governed by applicable provisions of the rules of procedure of the Constituent Assembly, provided that the Bureau shall comprise a Chairman appointed by the majority party and two secretaries appointed by the two parties next in order according to the election results. Provisional Government The provisional Government in office at the date of induction of the President of the Republic shall conti nue to deal with current business until the first government appointed under the Constitution takes office. ARTICLE 301
ARTICLE 300 Courts 1. Revision of the legislation in force on the organisation of the courts and the status of judges shall be completed by the end of the first legislative session. 141
2. The government shall, on proposals by the regional committees, lay down not later than 30 April 1976, provisional statutes for the autonomous regions, by decree-law approved by the Council of the Revolu tion, and the electoral law for the first regional assemblies. 3. The provisional statutes for the autonomous regions shall remain in force until promulgation of the final statutes, to be drawn up as provided in the Constitution . ARTICLE 303 First local elections 1. The first elections to the organs of local authorities shall be held not later than 15 December 1976,on a single date to be fixed by the government for the whole national territory.
ARTICLE 302 Autonomous regions 1. The first elections to the Assemblies of the autonomous regions shall be held, not later than 30 June1976,onadatetobefixedbythePresidentofthe Republic in office, in accordance with the electoral law in force. 142
3. The legislation referred to in the foregoing paragraph shall be approved by the Council of the Revolution. The Assembly of the Republic may take it subject to ratification in general terms if it is published after the induction of the President of the Republic. ARTICLE 304 Constitutional Commission 1. The Council of the Revolution shall draw up, not later than 30 June 1976,the legislation provided for in Article 285. 3. The Constitutional Commission shall begin its duties after the members referred to in the foregoing paragraph have assumed office.Itmay take decisions if 5 members are present. 4. The members of the Commission to be appoin ted by the Conselho Superior da Magistratura shall be so appointed as soon as that body has been establi shed . ARTICLE 305 The system of scrutiny for constitutionality provided for in the Constitution shall operate,where applicable,
Republic,the Assembly of the Republic,the Council of the Revolution and the Supreme Court of Justice are competent, shall be made not later than 31 August 1976 . Scrutiny for constitutionality 143
1. ThestatuteoftheterritoryofMacaobyvirtueof Law No. 1/76 of 17 February 1976 shall continue in force. 2. On a proposal by the Legislative Assembly of Macao the Assembly of the Republic may,after consul ting the Council of the Revolution, approve amend ments to the statute or its replacement by another one. 3. If the proposal is approved with amendments, the President of the Republic shall not promulgate the decision of the Assembly of the Republic unless the Legislative Assembly of Macao expresses its approval. ARTICLE 307 1. Portugalshallremainboundbyitsresponsibili ty,in accordance with international law,to promote and safeguard the right to independence of Timor Leste. 2. The President of the Republic, assisted by the Council of the Revolution,and the government shall be competent to perform all acts necessary to achievement of the aims set forth in the foregoing paragraph. ARTICLE 308
without the Constitutional Commission pending the Commission's establishment. Civil disabilities 1. TheelectoraldisabilitiesprovidedforinLegisla tive Order No. 621/B/74 of 15 November 1974 shall apply to the elections to the organs of supreme 144
3. Citizenssubjecttothepassiveelectoraldisabili ties referred to in paragraph 1 of this article shall not be appointedtotheorgansofsupremeauthorityortoany political office during the first legislative period. 4. Citizens who in the 5 years preceding 25 April 1974 held the office of chairman of any organ of local authority shall not be elected to any such organs. Indictment and trial of officers and personnel of PIDE/DGS 2. TheoffencesreferredtoinArticles2(2),3,4(6) and 5 of the Law referred to in the foregoing paragraph may be further defined by law. 3. The exceptional extenuating circumstances as provided for in Article 7 of the said Law may be specifically regulated by law. ARTICLE 310 Screening of civil servants 1. The legislation on the screening of civil ser vants shall remain in force until 31 December 1976 as provided in the following paragraphs.
shall be subject to public hearings of both parties, except for cases already decided. 5. The disabilities provided for in paragraphs 3 and 4 of this article shall be subject to paragraph 2 and to Article 3 of Legislative Order No. 621/8/74 of 15 November 1974. ARTICLE 309 1. LawNo.8/75of25July1975shallremainin force with the amendments made by Law No. 16/75 of 23 December 1975 and Law No. 18/75 of 26 December 1975. 145
ings pending at the date provided for in the foregoing paragraph shall be taken not later than 31 December 1976,subject to appeal,otherwise the proceedings shall lapse. 4. All interested persons who have not duly appealed against measures of dismissal or regrading shall be entitled to do so within 30 days of publication of this Constitution. ARTICLE 311 Special rules on political parties 1 . Article 47 (3) shall apply to parties already formed. The matter shall be regulated by law. Promulgation,publication,date and entry into force of the Constitution 1. The decision approving this Constitution shall be signed by the President of the Constituent Assembly, promulgated by the President of the Republic and published not later than 10 April 1976.
programme indicates a regional nature or field of action . 2. No new dismissal or regrading proceedings shall be opened after the induction of the President of the Republic elected under this Constitution. ARTICLE 312 2. The Constitution of the Portuguese Republic shall bear the date of its approval by the Constituent Assembly. 3. The Constitution of the Portuguese Republic shall come into force on 25 April 1976. 146
Promulgated on 2 April 1976 For publication FranciscodaCostaGomes,PresidentoftheRepu blic .