Portugal 1976 (rev. 2005)

Article 24. Right to life

1. Inalienable rights
   Human life shall be inviolable.
2. Prohibition of capital punishment
   The death penalty shall not exist under any circumstances.

Article 25. Right to personal integrity

1. Every person's moral and physical integrity shall be inviolable.
2. Prohibition of torture, Prohibition of cruel treatment
   No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment.

Article 26. Other personal rights

1. Right to development of personality, Right to privacy, Right to protect one's reputation
   Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination.
2. The law shall lay down effective guarantees against the procurement and misuse of information concerning persons and families and its use contrary to human dignity.
3. The law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation, development and use of technologies and in scientific experimentation.
4. Deprivation of citizenship and restrictions on civil capacity may only occur in such cases and under such terms as may be provided for by law, and shall not be based on political motives.

Article 27. Right to freedom and security

1. Everyone shall possess the right to freedom and security.
2. No one may be wholly or partially deprived of their freedom, except as a consequence of a judicial sentence imposed for the practise of an act that is punishable by law with a prison term or the imposition by a court of a security measure.
3. The following cases of deprivation of freedom for such time and under such conditions as the law may determine shall be exceptions to this principle:
   1. Detention in flagrante delicto;
   2. Detention or remand in custody where there is strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years;
   3. Power to deport citizens
      The imposition of imprisonment, detention or any other coercive measure subject to judicial control, on a person who improperly entered or is improperly present in Portuguese territory, or who is currently the object of extradition or deportation proceedings;
   4. Right to appeal judicial decisions
      The imposition of disciplinary imprisonment on military personnel. Such imprisonment shall be subject to appeal to the competent court;
   5. Privileges for juveniles in criminal process
      The subjection of a minor to measures intended to protect, assist or educate him in a suitable establishment, when ordered by the competent court of law;
   6. Detention under a court order for disobeying a court ruling or to ensure appearance before a competent judicial authority;
   7. Detentions of suspects for identification purposes, in such cases and for such time as may be strictly necessary;
   8. Committal of a person suffering from a psychic anomaly to an appropriate therapeutic establishment, when ordered or confirmed by a competent judicial authority.
4. Every person who is deprived of his freedom shall immediately be informed in an understandable manner of the reasons for his arrest, imprisonment or detention and of his rights.
5. Protection from false imprisonment
   Deprivation of freedom contrary to the provisions of this Constitution and the law shall place the state under a duty to compensate the aggrieved person in accordance with the law.

Article 28. Remand in custody

1. Within at most forty-eight hours, all detentions shall be submitted to judicial scrutiny with a view to either the detainee's release or the imposition of an appropriate coercive measure. The judge shall become acquainted with the reasons for the detention and shall inform the detainee thereof, question him and give him the opportunity to present a defence.
2. Right to pre-trial release
   Remand in custody shall be exceptional in nature and shall not be ordered or maintained whenever it is possible to grant bail or apply another, more favourable measure provided for by law.
3. Notification of any court order that institutes or maintains a measure entailing the deprivation of freedom shall immediately be given to such relative or other person of trust as the detainee may nominate.
4. Remand in custody shall be subject to the time limits laid down by law.

Article 29. Application of criminal law

1. Protection from ex post facto laws, Principle of no punishment without law
   No one shall be sentenced under the criminal law unless the action or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law.
2. The provisions of the previous paragraph shall not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of commonly recognised international law at the moment of its commission.
3. No sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law.
4. Protection from ex post facto laws
   No one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled. However, criminal laws the content of which is more favourable to the defendant shall be applied retroactively.
5. Prohibition of double jeopardy
   No one shall be tried more than once for the same crime.
6. Protection from false imprisonment
   Citizens who are unjustly convicted shall possess the right to the review of their sentences and to compensation for such damages as they have suffered, as laid down by law.

Article 30. Limits on sentences and security measures

1. No sentence or security measure that deprives or restricts freedom shall be perpetual in nature or possess an unlimited or undefined duration.
2. In cases of danger based on serious psychic abnormality in which therapy in an open environment is impossible, security measures that deprive or restrict freedom may be successively extended for such time as the psychic state in question is maintained, but always by means of a judicial ruling.
3. Criminal liability shall not be transferable.
4. No sentence shall automatically result in the loss of any civil, professional or political right.
5. Convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to such limitations as are inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences.

Article 31. Habeas corpus

1. Habeas corpus shall be available to counter the misuse of power in the form of illegal arrest, imprisonment or detention. Application for it shall be made to the competent court.
2. Application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen exercising his political rights.
3. Within eight days of an application for habeas corpus the judge shall rule thereon in a hearing that shall be subject to pleading and counter-pleading.

Article 32. Safeguards in criminal proceedings

1. Right to appeal judicial decisions
   Criminal proceedings shall ensure all necessary safeguards for the defence, including the right to appeal.
2. Presumption of innocence in trials, Right to speedy trial
   Every defendant shall be presumed innocent until his sentence has transited in rem judicatam, and shall be brought to trial as quickly as is compatible with the safeguards of the defence.
3. Right to counsel
   Defendants shall possess the right to choose counsel and to be assisted by him in relation to every procedural act. The law shall specify those cases and phases of proceedings in which the assistance of a lawyer shall be mandatory.
4. Preliminary investigations shall be conducted entirely under the responsibility of a judge, who may, subject to the terms of the law, delegate the practise of such investigative acts as do not directly concern fundamental rights to other persons or bodies.
5. Criminal proceedings shall possess an accusatorial structure, and trial hearings and such preliminary investigative acts as the law may require shall be subject to the principle of pleading and counter-pleading.
6. The law shall define the cases in which, subject to the safeguarding of the rights of the defence, the presence of the defendant or the accused at procedural acts, including trial hearings, may be dispensed with.
7. Protection of victim's rights
   Victims shall possess the right to take part in proceedings, as laid down by law.
8. Regulation of evidence collection, Telecommunications
   All evidence obtained by torture, coercion, infringement of personal physical or moral integrity, improper intromission into personal life, the home, correspondence or telecommunications shall be deemed null and void.
9. No case shall be withdrawn from a court that already had jurisdiction under an earlier law.
10. Defendants in proceedings concerning administrative offences or in any proceedings in which penalties may be imposed shall possess the right to be heard and to a defence.

Article 33. Deportation, extradition and right of asylum

1. Extradition procedure
   Portuguese citizens shall not be deported from Portuguese territory.
2. Protection of stateless persons
   Deportation of anyone who properly entered or is properly present in Portuguese territory, has been granted a residence permit, or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall ensure expedite forms of ruling in such cases.
3. Extradition procedure
   The extradition of Portuguese citizens from Portuguese territory shall only be permissible where an international agreement has established reciprocal extradition arrangements, or in cases of terrorism or international organised crime, and on condition that the applicant state's legal system enshrines guarantees of a just and fair trial.
4. Extradition for crimes that are punishable under the applicant state's law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, shall only be permissible in the event that the applicant state is a party to an international agreement in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed.
5. The provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the European Union.
6. No one shall be extradited or handed over under any circumstances for political reasons, or for crimes which are punishable under the applicant state's law by death or by any other sentence that results in irreversible damage to a person's physical integrity.
7. Extradition shall only be ordered by a judicial authority.
8. Protection of stateless persons
   The right of asylum shall be guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or rights of the human person.
9. The law shall define the status of political refugee.

Article 34. Inviolability of home and correspondence

1. Personal homes and the secrecy of correspondence and other means of private communication shall be inviolable.
2. Entry into a citizen's home may only be ordered by the competent judicial authority and then only in such cases and in compliance with such forms as may be laid down by law.
3. Terrorism, Drugs, alcohol, and illegal substances
   No one shall enter any person's home at night without his consent, save in situations of flagrante delicto, or with judicial authorisation in cases of especially violent or highly organised crime, including terrorism and trafficking in persons, arms or narcotics, as laid down by law.
4. Telecommunications
   The public authorities shall be prohibited from interfering in any way with correspondence, telecommunications or other means of communication, save in such cases as the law may provide for in relation to criminal proceedings.

Article 35. Use of computers

1. Every citizen shall possess the right to access to all computerised data that concern him, to require that they be corrected and updated, and to be informed of the purpose for which they are intended, all as laid down by law.
2. The law shall define the concept of personal data, together with the terms and conditions applicable to its automatised treatment and its linkage, transmission and use, and shall guarantee its protection, particularly by means of an independent administrative body.
3. Computers shall not be used to treat data concerning philosophical or political convictions, party or trade union affiliations, religious beliefs, private life or ethnic origins, save with the express consent of the datasubject, with authorisation provided for by law and with guarantees of nondiscrimination, or for the purpose of processing statistical data that cannot be individually identified.
4. Third-party access to personal data shall be prohibited, save in exceptional cases provided for by law.
5. The allocation of a single national number to any citizen shall be prohibited.
6. Everyone shall be guaranteed free access to public-use computer networks, and the law shall define both the rules that shall apply to cross-border data flows and the appropriate means for protecting personal data and such other data as may justifiably be safeguarded in the national interest.
7. Personal data contained in manual files shall enjoy the same protection as that provided for in the previous paragraphs, as laid down by law.

Article 36. Family, marriage and filiation

1. Right to found a family, Provision for matrimonial equality, Regulation of marriage
   Everyone shall possess the right to found a family and to marry on terms of full equality.
2. The law shall regulate the requirements for and the effects of marriage and its dissolution by death or divorce, regardless of the form in which it was entered into.
3. Provision for matrimonial equality, Rights or duties of parents
   Spouses shall possess equal rights and duties in relation to their civil and political capacity and to the maintenance and education of their children.
4. Children born outside wedlock shall not be the object of any discrimination for that reason, and neither the law, nor official departments or services may employ discriminatory terms in relation to their filiation.
5. Rights or duties of parents
   Parents shall possess the right and the duty to educate and maintain their children.
6. Children shall not be separated from their parents, save when the latter do not fulfil their fundamental duties towards them, and then always by judicial order.
7. Adoption shall be regulated and protected by law, which shall lay down swift forms of completion of the necessary requirements.

Article 37. Freedom of expression and information

1. Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination.
2. Freedom of press
   Exercise of the said rights shall not be hindered or limited by any type or form of censorship.
3. Infractions committed in the exercise of the said rights shall be subject to the general principles of the criminal law or the law governing administrative offences, and shall be brought before the courts of law or an independent administrative body respectively, as laid down by law.
4. Every person and body corporate shall be equally and effectively guaranteed the right of reply and to make corrections, as well as the right to compensation for damages suffered.

Article 38. Freedom of the press and the media

1. The freedom of the press shall be guaranteed.
2. Freedom of the press shall mean:
   1. Journalists and other staff's freedom of expression and creativity, as well as journalists' freedom to take part in determining the editorial policy of the media body in question, save when it is doctrinal or denominational in nature;
   2. Journalists' right, as laid down by law, to gain access to sources of information and to the protection of professional independence and secrecy, as well as their right to elect editorial boards;
   3. The right to found newspapers and any other publications, regardless of any prior administrative authorisation, bond or qualification.
3. In generic terms, the law shall ensure that the names of the owners of media bodies and the means by which those bodies are financed are publicised.
4. State operation of the media
   The state shall ensure the media's freedom and independence from political power and economic power by imposing the principle of specialisation on businesses that own general information media, treating and supporting them in a non-discriminatory manner and preventing their concentration, particularly by means of multiple or interlocking interests.
5. Radio, State operation of the media, Television
   The state shall ensure the existence and operation of a public radio and television service.
6. The structure and operation of public sector media shall safeguard their independence from the Government, the Public Administration and the other public authorities, and shall ensure that all the different currents of opinion are able to express themselves and to confront one another.
7. State operation of the media
   Radio and television broadcasting stations shall only operate with licenses that are granted under public calls for tender, as laid down by law.

Article 39. Regulation of the media

1. Media commission
   An independent administrative body shall be responsible for ensuring the following in the media:
   1. The right to information and the freedom of the press;
   2. State operation of the media
      The non-concentration of ownership of the media;
   3. Independence from political power and economic power;
   4. Respect for personal rights, freedoms and guarantees;
   5. Respect for the statutes and rules that regulate the work of the media;
   6. That all different currents of opinion are able to express themselves and confront one another;
   7. Exercise of the rights to broadcasting time, of reply and of political response.
2. Media commission
   The law shall define the composition, responsibilities, organisation and modus operandi of the body referred to in the previous paragraph, together with the status and role of its members, who shall be appointed by the Assembly of the Republic and co-opted by those so appointed.

Article 40. Right to broadcasting time, of reply and of political response

1. Political parties, trade unions, professional and business organisations and other organisations with a national scope shall, in accordance with their size and representativity and with objective criteria that shall be defined by law, possess the right to broadcasting time on the public radio and television service.
2. Political parties that hold one or more seats in the Assembly of the Republic and do not form part of the Government shall, as laid down by law, possess the right to broadcasting time on the public radio and television service, which shall be apportioned in accordance with each party's proportional share of the seats in the Assembly, as well as to reply or respond politically to the Government's political statements. Such times shall be of the same duration and prominence as those given over to the Government's broadcasts and statements. Parties with seats in the Legislative Assemblies of the autonomous regions shall enjoy the same rights within the ambit of the region in question.
3. During elections and as laid down by law, candidates shall possess the right to regular and equitable broadcasting time on radio and television stations with a national or regional scope.

Article 41. Freedom of conscience, religion and worship

1. Freedom of religion, Freedom of opinion/thought/conscience
   Freedom of conscience, religion and worship shall be inviolable.
2. No one shall be persecuted, deprived of rights or exempted from civic obligations or duties because of his convictions or religious observance.
3. No authority shall question anyone in relation to his convictions or religious observance, save in order to gather statistical data that cannot be individually identified, nor shall anyone be prejudiced in any way for refusing to answer.
4. Official religion, Separation of church and state
   Churches and other religious communities shall be separate from the state and free to organise themselves and to perform their ceremonies and their worship.
5. Freedom to teach any religion within the denomination in question and to use appropriate media for the pursuit of its activities shall be guaranteed.
6. Right to conscientious objection
   The right to be a conscientious objector, as laid down by law, shall be guaranteed.

Article 42. Freedom of cultural creation

1. Intellectual, artistic and scientific creation shall not be restricted.
2. This freedom shall comprise the right to invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law.

Article 43. Freedom to learn and to teach

1. The freedom to learn and to teach shall be guaranteed.
2. The state shall not lay down educational and cultural programmes in accordance with any philosophical, aesthetic, political, ideological or religious directives.
3. Public education shall not be denominational.
4. The right to create private and cooperative schools shall be guaranteed.

Article 44. Right to travel and to emigrate

1. Freedom of movement
   Every citizen shall be guaranteed the right to travel and settle freely anywhere in Portuguese territory.
2. Every citizen shall be guaranteed the right to emigrate or to leave Portuguese territory and the right to return thereto.

Article 45. Right to meet and to demonstrate

1. Freedom of assembly
   Citizens shall possess the right to meet peacefully and without arms, even in places that are open to the public, without the need for any authorisation.
2. The right of every citizen to demonstrate shall be recognised.

Article 46. Freedom of association

1. Freedom of association
   Citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law.
2. Associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.
3. No one shall be obliged to belong to an association, or be coerced to remain therein by any means.
4. Freedom of association
   Armed associations, military, militarised or paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted.

Article 47. Freedom to choose a profession and to join the Public Administration

1. Everyone shall possess the right to freely choose a profession or type of work, subject only to such restrictions as the law may impose in the collective interest, or as are inherent to his own capabilities.
2. Civil service recruitment
   Every citizen shall possess the equal and free right to apply to join the Public Administration, as a general rule by means of a competitive recruitment process.

Article 48. Participation in public life

1. Every citizen shall possess the right to take part in political life and the direction of the country's public affairs, either directly or via freely elected representatives.
2. Every citizen shall possess the right to be given objective clarifications about the actions of the state and of other public bodies and to be informed by the Government and other authorities about the management of public affairs.

Article 49. Right to vote

1. Every citizen who has attained the age of eighteen years shall possess the right to vote, save such incapacities as may be provided for in the general law.
2. The right to vote shall be exercised personally and shall constitute a civic duty.

Article 50. Right to stand for public office

1. Every citizen shall possess the free and equal right to stand for any public office.
2. No one shall be prejudiced in his appointments, job or professional career or the social benefits to which he is entitled, due to the exercise of political rights or the holding of public office.
3. In governing the right to stand for elected office, the law shall only determine such ineligibilities as are needed to guarantee both the electors' freedom of choice, and independence and absence of bias in the exercise of the offices in question.

Article 51. Political associations and parties

1. Freedom of association shall include the right to form or take part in political associations and parties and through them to work jointly and democratically towards the formation of the popular will and the organisation of political power.
2. No one shall be simultaneously registered as a member of more than one political party, and no one shall be deprived of the exercise of any right because he is or ceases to be registered as a member of any legally constituted party.
3. Restrictions on political parties
   Without prejudice to the philosophy or ideology that underlies their manifestoes, political parties shall not employ names that contain expressions which are directly related to any religion or church, or emblems that can be confused with national or religious symbols.
4. Restrictions on political parties
   No party shall be formed with a name or manifesto that possesses a regional nature or scope.
5. Restrictions on political parties
   Political parties shall be governed by the principles of transparency, democratic organisation and management, and participation by all their members.
6. Campaign financing
   The law shall lay down the rules governing the financing of political parties, particularly as regards the requirements for and limits on public funding, as well as the requirements to publicise their assets and accounts.

Article 52. Right to petition and right to popular action

1. Every citizen shall possess the right to individually, or jointly with others, submit petitions, representations, claims or complaints in defence of their rights, this Constitution, the laws or the general interest to bodies that exercise sovereign power, the autonomous regions' self-government bodies or any authority, as well as the right to be informed of the result of the consideration thereof within a reasonable period of time.
2. The law shall lay down the terms under which joint petitions to the Assembly of the Republic and the Legislative Assemblies of the autonomous regions are considered in plenary sitting.
3. Everyone shall be granted the right of actio popularis, to include the right to apply for the appropriate compensation for an aggrieved party or parties, in such cases and under such terms as the law may determine, either personally or via associations that purport to defend the interests in question. The said right shall particularly be exercised in order to:
   1. Protection of environment
      Promote the prevention, cessation or judicial prosecution of offences against public health, consumer rights, the quality of life or the preservation of the environment and the cultural heritage;
   2. Safeguard the property of the state, the autonomous regions and local authorities.

Article 53. Job security

Article 54. Workers' committees

1. Workers shall possess the right to form workers' committees to defend their interests and democratically intervene in company life.
2. Decisions to form workers' committees shall be taken by the workers in question, who shall approve the committees' by-laws and shall elect their members by direct, secret ballot.
3. Coordinating committees may be created with a view to improving intervention in economic restructuring and to guaranteeing workers' interests.
4. Committee members shall enjoy the legal protection accorded to trade union delegates.
5. Workers' committees shall possess the right:
   1. To receive all the information needed to perform their tasks;
   2. To monitor the management of businesses;
   3. To participate in corporate restructuring processes, especially in relation to training actions or when working conditions are altered;
   4. To take part in drawing up labour legislation and economic and social plans that address their sector;
   5. To manage, or participate in the management of, businesses' social activities;
   6. To promote the election of workers' representatives to the management bodies of businesses that belong to the state or other public bodies, as laid down by law.

Article 55. Freedoms concerning trade unions

1. Right to join trade unions, Reference to fraternity/solidarity
   Workers shall be free to form and operate trade unions as a condition and guarantee of the building of their unity in defence of their rights and interests.
2. In exercising their freedom to form and operate trade unions, workers shall particularly be guaranteed the following, without any discrimination:
   1. Freedom to form trade unions at every level;
   2. Freedom of membership. No worker shall be obliged to pay dues to a union to which he does not belong;
   3. Freedom to determine the organisation and internal regulations of trade unions;
   4. The right to engage in trade union activities in businesses;
   5. The right to political views, in the forms laid down in the respective by-laws.
3. Trade unions shall be governed by the principles of democratic organisation and management, to be based on periodic elections of their managing bodies by secret ballot, without the need for any authorisation or homologation, and shall be founded on active worker participation in every aspect of trade union activity.
4. Reference to fraternity/solidarity, Mentions of social class
   Trade unions shall be independent of employers, the state, religious denominations, and parties and other political associations, and the law shall lay down such guarantees as may be appropriate to that independence, which is fundamental to the unity of the working classes.
5. Trade unions shall possess the right to establish relations with or join international trade union organisations.
6. Workers' elected representatives shall enjoy the right to be informed and consulted, as well as to adequate legal protection against any form of subjection to conditions, constraints or limitations in the legitimate exercise of their functions.

Article 56. Trade union rights and collective agreements

1. Trade unions shall be responsible for defending and promoting the defence of the rights and interests of the workers they represent.
2. Trade unions shall possess the right:
   1. To take part in drawing up labour legislation;
   2. Mentions of social class
      To take part in the management of social security institutions and other organisations that seek to fulfil workers' interests;
   3. To give their opinion on economic and social plans and supervise their implementation;
   4. To be represented on social conciliation bodies, as laid down by law;
   5. To take part in corporate restructuring processes, especially in relation to training actions or when working conditions are altered.
3. Trade unions shall be responsible for the exercise of the right to enter into collective agreements, which shall be guaranteed as laid down by law.
4. The law shall lay down the rules governing the legitimacy to enter into collective labour agreements and the validity of their provisions.

Article 57. Right to strike and prohibition of lock-outs

1. Right to strike
   The right to strike shall be guaranteed.
2. Workers shall be responsible for defining the scope of the interests that are to be defended by a strike and the law shall not limit that scope.
3. The law shall define the conditions under which such services as are needed to ensure the safety and maintenance of equipment and facilities and such minimum services as are indispensable to the fulfilment of essential social needs are provided during strikes.
4. Right to strike
   Lock-outs shall be prohibited.

Article 58. Right to work

1. Everyone shall possess the right to work.
2. In order to ensure the right to work, the state shall be charged with promoting:
   1. The implementation of full-employment policies;
   2. Equal opportunities in the choice of profession or type of work, and the conditions needed to avoid the gender-based preclusion or limitation of access to any position, work or professional category;
   3. Cultural and technical training and vocational development for workers.

Article 59. Workers' rights

1. Equality regardless of nationality, Equality regardless of creed or belief, Equality regardless of political party, Equality regardless of race, Equality regardless of religion, Equality regardless of origin, Equality regardless of gender, Equality regardless of age
   Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right:
   1. Right to reasonable standard of living, Right to just remuneration
      To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living;
   2. Human dignity
      That work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life;
   3. Right to safe work environment
      To work in conditions that are hygienic, safe and healthy;
   4. Right to rest and leisure
      To rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays;
   5. State support for the unemployed
      To material assistance when he involuntarily finds himself unemployed;
   6. To assistance and fair reparation when he is the victim of a work-related accident or occupational illness.
2. The state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by:
   1. Right to reasonable standard of living
      Setting and updating a national minimum wage which, among other factors, shall have particular regard to workers' needs, increases in the cost of living, the level to which the sectors of production have developed, the requirements imposed by economic and financial stability, and the accumulation of capital for development purposes;
   2. Setting national limits on working hours;
   3. Ensuring special work-related protection for women during pregnancy and following childbirth, as well as for minors, the disabled and those whose occupations are particularly strenuous or take place in unhealthy, toxic or dangerous conditions;
   4. In cooperation with social organisations, ensuring the systematic development of a network of rest and holiday centres;
   5. Protecting emigrant workers' working conditions and guaranteeing their social benefits;
   6. Protecting student workers' working conditions.
3. Salaries shall enjoy special guarantees, as laid down by law.

Article 60. Consumer rights

1. Consumers shall possess the right to the good quality of the goods and services consumed, to training and information, to the protection of health, safety and their economic interests, and to reparation for damages.
2. Advertising shall be regulated by law and all forms of concealed, indirect or fraudulent advertising shall be prohibited.
3. Consumers' associations and consumer cooperatives shall possess the right, as laid down by law, to receive support from the state and to be heard in relation to consumer-protection issues, and shall possess legitimatio ad causam in defence of their members or of any collective or general interests.

Article 61. Private enterprise, cooperatives and worker management

1. Right to competitive marketplace, Right to establish a business
   Private economic enterprise shall be undertaken freely within the overall frameworks laid down by this Constitution and the law and with regard for the general interest.
2. Everyone shall possess the right to freely form cooperatives, subject to compliance with cooperative principles.
3. Cooperatives shall pursue their activities freely within the overall framework laid down by law and may group themselves together in unions, federations and confederations and other forms of organisation provided for by law.
4. The law shall lay down the specific organisational requirements for cooperatives in which the state or any public body possesses an interest.
5. There shall be the right to worker management, as laid down by law.

Article 62. Right to private property

1. Right to transfer property, Right to own property
   Everyone shall be guaranteed the right to private property and to the transmission thereof in life or upon death, as laid down by this Constitution.
2. Protection from expropriation
   Requisitions and expropriations in the public interest shall only occur on a legal basis and upon payment of just compensation.

Article 63. Social security and solidarity

1. Everyone shall have the right to social security.
2. The state shall be charged with organising, coordinating and subsidising a unified and decentralised social security system, with the participation of the trade unions, other organisations that represent workers and associations that represent any other beneficiaries.
3. State support for the disabled, State support for the elderly, State support for the unemployed, State support for children
   The social security system shall protect citizens in illness and old age and when they are disabled, widowed or orphaned, as well as when they are unemployed or in any other situation that entails a lack of or reduction in means of subsistence or ability to work.
4. All periods of work shall, as laid down by law, contribute to the calculation of old age and disability pensions, regardless of the sector of activity in which they were performed.
5. Reference to fraternity/solidarity
   With a view to the pursuit of the social solidarity objectives that are particularly enshrined in this Article and in Articles 67(2)b, 69, 70(1)e, 71 and 72, the state shall, as laid down by law, support and inspect the activities and operation of private charitable institutions and other non-profit institutions that are recognised to be in the public interest.

Article 64. Health

1. Everyone shall possess the right to health protection and the duty to defend and promote health.
2. The right to health protection shall be fulfilled:
   1. By means of a national health service that shall be universal and general and, with particular regard to the economic and social conditions of the citizens who use it, shall tend to be free of charge;
   2. Protection of environment
      By creating economic, social, cultural and environmental conditions that particularly guarantee the protection of childhood, youth and old age; by systematically improving living and working conditions and also promoting physical fitness and sport at school and among the people; and by developing both the people's health and hygiene education and healthy living practises.
3. In order to ensure enjoyment of the right to the protection of health, the state shall be under a primary duty:
   1. To guarantee access by every citizen, regardless of his economic situation, to preventive, curative and rehabilitative medical care;
   2. To guarantee a rational and efficient nationwide coverage in terms of healthcare units and human resources;
   3. To work towards the public funding of the costs of medical care and medicines;
   4. To regulate and inspect corporate and private forms of medicine and articulate them with the national health service, in such a way as to ensure adequate standards of efficiency and quality in both public and private healthcare institutions;
   5. To regulate and control the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis;
   6. To establish policies for the prevention and treatment of drug abuse.
4. The national health service shall possess a decentralised and participatory management system.

Article 65. Housing and urban planning

1. Right to shelter
   Everyone shall possess the right for themselves and their family to have an adequately sized dwelling that provides them with hygienic and comfortable conditions and preserves personal and family privacy.
2. In order to ensure enjoyment of the right to housing, the state shall be charged with:
   1. Planning and implementing a housing policy that is embodied in general town and country planning documents and supported by urban planning documents that guarantee the existence of an adequate network of transport and social facilities;
   2. In cooperation with the autonomous regions and local authorities, promoting the construction of low-cost and social housing;
   3. Stimulating private construction, subject to the general interest, and access to owned or rented housing;
   4. Encouraging and supporting local community initiatives that work towards the resolution of their housing problems and foster the formation of housing and self-building cooperatives.
3. The state shall undertake a policy that works towards the establishment of a rental system which is compatible with family incomes and access to individual housing.
4. The state, the autonomous regions and local authorities shall lay down the rules governing the occupancy, use and transformation of urban land, particularly by means of planning instruments and within the overall framework of the laws concerning town and country planning and urban planning, and shall expropriate such land as may be necessary to the fulfilment of the purposes of public-use urban planning.
5. Interested parties shall be entitled to participate in the drawing up of urban planning instruments and any other physical town and country planning instruments.

Article 66. Environment and quality of life

1. Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it.
2. In order to ensure enjoyment of the right to the environment within an overall framework of sustainable development, acting via appropriate bodies and with the involvement and participation of citizens, the state shall be charged with:
   1. Preventing and controlling pollution and its effects and the harmful forms of erosion;
   2. Conducting and promoting town and country planning with a view to a correct location of activities, balanced social and economic development and the enhancement of the landscape;
   3. Creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest;
   4. Reference to fraternity/solidarity
      Promoting the rational use of natural resources, while safeguarding their ability to renew themselves and maintain ecological stability, with respect for the principle of inter-generational solidarity;
   5. Acting in cooperation with local authorities, promoting the environmental quality of rural settlements and urban life, particularly on the architectural level and as regards the protection of historic zones;
   6. Promoting the integration of environmental objectives into the various policies of a sectoral nature;
   7. Promoting environmental education and respect for environmental values;
   8. Ensuring that fiscal policy renders development compatible with the protection of the environment and the quality of life.

Article 67. Family

1. As a fundamental element in society, the family shall possess the right to protection by society and the state and to the effective implementation of all the conditions needed to enable family members to achieve personal fulfilment.
2. In order to protect the family, the state shall particularly be charged with:
   1. Promoting the social and economic independence of family units;
   2. Promoting the creation of, and guaranteeing access to, a national network of crèches and other social facilities designed to support the family, together with a policy for the elderly;
   3. Cooperating with parents in relation to their children's education;
   4. Right to found a family
      With respect for individual freedom, guaranteeing the right to family planning by promoting the information and access to the methods and means required therefore, and organising such legal and technical arrangements as are needed for motherhood and fatherhood to be consciously planned;
   5. Human dignity
      Regulating assisted conception in such a way as to safeguard the dignity of the human person;
   6. Regulating taxes and social benefits in line with family costs;
   7. After first consulting the associations that represent the family, drawing up and implementing a global and integrated family policy;
   8. By concerting the various sectoral policies, promoting the reconciliation of professional and family life.

Article 68. Fatherhood and motherhood

1. Rights or duties of parents
   In performing their irreplaceable role in relation to their children, particularly as regards the children's education, fathers and mothers shall possess the right to protection by society and the state, together with the guarantee of their own professional fulfilment and participation in civic life.
2. Motherhood and fatherhood shall constitute eminent social values.
3. Women shall possess the right to special protection during pregnancy and following childbirth, and female workers shall also possess the right to an adequate period of leave from work without loss of remuneration or any privileges.
4. The law shall regulate the grant to mothers and fathers of an adequate period of leave from work, in accordance with the interests of the child and the needs of the family unit.

Article 69. Childhood

1. With a view to their integral development, children shall possess the right to protection by society and the state, especially from all forms of abandonment, discrimination and oppression and from the abusive exercise of authority in the family or any other institution.
2. The state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way.
3. Limits on employment of children
   Labour by minors of school age shall be prohibited as laid down by law.

Article 70. Youth

1. In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly:
   1. In education, vocational training and culture;
   2. In access to their first job, at work and in relation to social security;
   3. In access to housing;
   4. In physical education and sport;
   5. In the use of their free time.
2. Right to development of personality
   The priority objectives of the youth policy shall be the development of young people's personality, the creation of the conditions needed for their effective integration into the active life, a love of free creativity and a sense of community service.
3. Acting in cooperation with families, schools, businesses, residents' organisations, cultural associations and foundations and cultural and recreational groups, the state shall foster and support youth organisations in the pursuit of the said objectives, as well as international youth exchanges.

Article 71. Disabled citizens

1. Citizens with physical or mental disabilities shall fully enjoy the rights and shall be subject to the duties enshrined in this Constitution, save the exercise or fulfilment of those for which their condition renders them unfit.
2. Reference to fraternity/solidarity
   The state shall undertake a national policy for the prevention of disability and the treatment, rehabilitation and integration of disabled citizens and the provision of support to their families, shall educate society and make it aware of the duties of respect and solidarity towards such citizens, and shall ensure that they effectively enjoy their rights, without prejudice to the rights and duties of their parents or guardians.
3. The state shall support disabled citizens' organisations.

Article 72. The elderly

1. The elderly shall possess the right to economic security and to conditions in terms of housing and family and community life that respect their personal autonomy and avoid and overcome isolation or social marginalisation.
2. The policy for the elderly shall include measures of an economic, social and cultural nature that tend to provide elderly people with opportunities for personal fulfilment by means of an active participation in community life.

Article 73. Education, culture and science

1. Everyone shall possess the right to education and culture.
2. Right to development of personality, Reference to fraternity/solidarity
   The state shall promote the democratisation of education and the other conditions needed for an education conducted at school and via other means of training to contribute to equal opportunities, the overcoming of economic, social and cultural inequalities, the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and to democratic participation in public life.
3. Acting in cooperation with the media, cultural associations and foundations, cultural and recreational groups, cultural heritage associations, residents' associations and other cultural agents, the state shall promote the democratisation of culture by encouraging and ensuring access by all citizens to cultural enjoyment and creation.
4. Reference to science, Right to enjoy the benefits of science
   The state shall stimulate and support scientific research and creation and technological innovation, in such a way as to ensure their freedom and autonomy, reinforce competitivity and ensure cooperation between scientific institutions and businesses.

Article 74. Education

1. Everyone shall possess the right to education, and the right to equal opportunities and to access to and success in schooling shall be guaranteed.
2. In implementing the education policy, the state shall be charged with:
   1. Compulsory education, Free education
      Ensuring universal, compulsory and free basic education;
   2. Creating a public, and developing the general, preschool system;
   3. Guaranteeing permanent education and eliminating illiteracy;
   4. In accordance with his capabilities, guaranteeing every citizen access to the highest levels of education, scientific research and artistic creation;
   5. Free education
      Progressively making all levels of education free of charge;
   6. Inserting schools into the communities they serve and establishing links between education and economic, social and cultural activities;
   7. Promoting and supporting disabled citizens' access to education and supporting special education when necessary;
   8. Protection of language use
      Protecting and developing Portuguese sign language, as an expression of culture and an instrument for access to education and equal opportunities;
   9. Ensuring that emigrants' children are taught the Portuguese language and enjoy access to Portuguese culture;
   10. Ensuring that immigrants' children receive adequate support in order to enable them to effectively enjoy the right to education.

Article 75. Public, private and cooperative education

1. The state shall create a network of public education establishments that covers the needs of the whole population.
2. The state shall recognise and inspect private and cooperative education, as laid down by law.

Article 76. University and access to higher education

1. Access to higher education
   The rules governing access to university and other higher education institutions shall guarantee equal opportunities in and the democratisation of the education system, and shall have due regard for the country's needs for qualified staff and to raising its educational, cultural and scientific level.
2. Right to academic freedom
   As laid down by law and without prejudice to an adequate assessment of the quality of education, universities shall autonomously draw up their own by-laws and shall enjoy scientific, pedagogical, administrative and financial autonomy.

Article 77. Democratic participation in education

1. Right to academic freedom
   Teachers and students shall possess the right to take part in the democratic management of schools, as laid down by law.
2. The law shall regulate the forms in which teachers', students' and parents' associations, communities and scientific institutions participate in drawing up the education policy.

Article 78. Cultural enjoyment and creation

1. Right to culture
   Everyone shall possess the right to cultural enjoyment and creation, together with the duty to preserve, defend and enhance the cultural heritage.
2. Acting in cooperation with all cultural agents, the state shall be charged with:
   1. Encouraging and ensuring access by all citizens to the means and instruments required for cultural activities, and correcting the country's existing asymmetries in this respect;
   2. Supporting initiatives that stimulate individual and joint creation in all its many forms and expressions, and that stimulate more travel by high quality cultural works and items;
   3. Promoting the safeguarding and enhancement of the cultural heritage and making it an element that inspires a common cultural identity;
   4. Developing cultural relations with all peoples, especially those that speak Portuguese, and ensuring the defence and promotion of Portuguese culture abroad;
   5. Coordinating the cultural policy with the other sectoral policies.

Article 79. Physical education and sport

1. Everyone shall possess the right to physical education and sport.
2. Acting in cooperation with schools and sporting associations and groups, the state shall be charged with promoting, stimulating, guiding and supporting the practise and dissemination of physical education and sport, and preventing violence in sport.

Article 120. Definition

Article 121. Election

1. Head of state selection
   The President of the Republic shall be elected by the universal, direct, secret suffrage of all Portuguese citizens who are registered to vote in Portuguese territory and, in accordance with the following paragraph, of all Portuguese citizens who reside abroad.
2. The law shall regulate the right to vote of Portuguese citizens who reside abroad, to which end it shall pay due regard to the existence of ties that effectively link them to the Portuguese community.
3. The right to vote in Portuguese territory shall be exercised in person.

Article 122. Eligibility

Article 123. Eligibility for re-election

1. Head of state term limits
   Re-election to a third consecutive term of office, or during the five years immediately following the end of a second consecutive term of office, shall not be permitted.
2. In the event that the President of the Republic resigns, he shall not stand again in the next elections, or in any that take place in the five years immediately following his resignation.

Article 124. Nominations

1. Nominations for President of the Republic shall be put forward by at least seven thousand five hundred and at most fifteen thousand registered electors.
2. Nominations shall be submitted to the Constitutional Court at least thirty days prior to the date set for the election.
3. In the event of the death of any candidate, or of any other fact that renders any candidate incapable of performing the functions of President of the Republic, the election process shall recommence under such terms as the law shall lay down.

Article 125. Date of election

1. The President of the Republic shall be elected during the sixty days prior to the end of his predecessor's term of office, or during the sixty days after that office becomes vacant.
2. Elections shall not take place during the ninety days prior to or following the date of elections to the Assembly of the Republic.
3. In the case provided for in the previous paragraph, the election shall take place during the ten days following the end of the period set out therein, and the term of office of the outgoing President shall automatically be extended for the necessary period of time.

Article 126. Electoral system

1. The candidate who receives more than half of the validly cast votes shall be elected President of the Republic. Blank ballot papers shall not be deemed validly cast.
2. If none of the candidates obtains this number of votes, a second ballot shall be held within twenty-one days of the date of the first one.
3. Only the two candidates who received most votes in the first ballot and have not withdrawn their candidatures shall stand in the second ballot.

Article 127. Installation and swearing in

1. The President elect shall take office before the Assembly of the Republic.
2. His installation shall take place on the last day of the outgoing President's term of office, or, in the case of election to a vacant office, on the eighth day following that on which the election results are published.
3. Oaths to abide by constitution
   Upon taking office the President of the Republic elect shall take the following oath:

   I swear by my honour to faithfully perform the office with which I am invested and to defend and observe the Constitution of the Portuguese Republic and cause it to be observed.

Article 128. Term of office

1. Head of state term length
   The term of office of President of the Republic shall be five years and shall end upon installation of the new President elect.
2. In the event that the office falls vacant, the newly elected President of the Republic shall commence a new term of office.

Article 129. Absence from Portuguese territory

1. The President of the Republic shall not absent himself from Portuguese territory without the consent of the Assembly of the Republic or, in the event that the Assembly is not in full session, of its Standing Committee.
2. Consent shall be dispensed with in cases in which the President of the Republic is in transit or is on an unofficial visit lasting no more than five days. However, he shall notify the Assembly of the Republic of such cases in advance.
3. Failure to comply with the provisions of (1) above shall automatically entail loss of office.

Article 130. Criminal liability

1. Head of state immunity
   The President of the Republic shall answer before the Supreme Court of Justice for crimes committed in the performance of his functions.
2. Proceedings may only be initiated by the Assembly of the Republic, upon a motion subscribed by one fifth and a decision passed by a two-thirds majority of all the Members in full exercise of their office.
3. Conviction shall cause removal from office and disqualification from re-election.
4. For crimes that are not committed in the performance of his functions, the President of the Republic shall answer before the common courts, once his term of office has ended.

Article 131. Resignation

1. The President of the Republic may resign by means of a message addressed to Assembly of the Republic.
2. Such resignation shall take effect when the Assembly of the Republic takes note thereof, without prejudice to its subsequent publication in the Diário da República.

Article 132. Acting President

1. Head of state replacement
   In the event that the President of the Republic is temporarily unable to perform his functions, or that the office is vacant and until such time as the new President elect is installed, his functions shall be performed by the President of the Assembly of the Republic, or, in the event that the latter is unable to do so, by his substitute.
2. For such time as he acts as acting President of the Republic, the President of the Assembly of the Republic or his substitute's mandate as Member of the Assembly shall automatically be suspended.
3. The President of the Republic shall retain the rights and privileges inherent to his office during such time as he is temporarily unable to perform his functions.
4. An acting President of the Republic shall enjoy all the honours and prerogatives of the office, but his rights shall be those of the office to which he was elected.

Article 133. Responsibilities in relation to other bodies

Article 134. Personal responsibilities

Article 135. Responsibilities in international relations

Article 136. Enactment and veto

1. Approval or veto of general legislation
   Within twenty days of the receipt of any decree of the Assembly of the Republic for enactment as a law, or of the publication of a Constitutional Court ruling that does not declare any of the decree's provisions unconstitutional, the President of the Republic shall either enact the decree or exercise the right of veto. In the latter case he shall send a message setting out the grounds therefore and requesting that the statute be reconsidered.
2. Veto override procedure
   If the Assembly of the Republic confirms its original vote by an absolute majority of all the Members in full exercise of their office, the President of the Republic shall enact the decree within eight days of receiving it.
3. Veto override procedure, Supermajority required for legislation
   However, a majority that is at least equal to two thirds of all Members present and greater than an absolute majority of all the Members in full exercise of their office shall be required to confirm decrees that take the form of organic laws, as well as to confirm those concerning the following matters:
   1. External relations;
   2. Boundaries between the public, private and cooperative sectors in relation to the ownership of the means of production;
   3. Such regulations governing the electoral acts provided for by this Constitution as do not take the form of an organic law.
4. Head of government decree power
   Within forty days of the receipt of any Government decree for enactment, or of the publication of a Constitutional Court ruling that does not declare any of the decree's provisions unconstitutional, the President of the Republic shall either enact the decree or exercise his right of veto. In the latter case he shall inform the Government in writing of the reasons for doing so.
5. The President of the Republic shall also exercise the right of veto pursuant to Articles 278 and 279.

Article 137. Failure to enact or sign

Article 138. Declaration of a state of siege or a state of emergency

1. Declaration of a state of siege or a state of emergency shall require prior consultation of the Government and authorisation by the Assembly of the Republic, or, if the Assembly is not sitting and it is not possible to arrange for it to sit immediately, by its Standing Committee.
2. In the event that a declaration of a state of siege or a state of emergency is authorised by the Assembly of the Republic's Standing Committee, such declaration shall require confirmation by the Plenary as soon as it is possible to arrange for it to sit.

Article 139. Acts of an acting President of the Republic

1. Acting Presidents of the Republic shall not undertake any of the acts provided for in Articles 133e and n and 134c.
2. Acting Presidents of the Republic shall only undertake any of the acts provided for in Articles 133b, c, f, m and p, 134a and 135a after first consulting the Council of State.

Article 140. Ministerial counter-signature

1. Acts that the President of the Republic undertakes under the terms of Articles 133h, j, l, m and p, 134b, d and f) and 135a, b and c shall require counter-signature by the Government.
2. In the event that the Government does not counter-sign any such act, the said act shall be legally invalid.

Article 141. Definition

Article 142. Composition

Article 143. Installation and term of office

1. The members of the Council of State shall be installed by the President of the Republic.
2. Those members of the Council of State who are provided for in Article 142a to e shall continue to be members for as long as they remain in the respective offices.
3. Those members of the Council of State who are provided for in Article 142g and h shall continue to be members until their replacements are installed.

Article 144. Organisation and proceedings

1. The Council of State shall be responsible for drawing up its own Rules of Procedure.
2. Council of State meetings shall not be public.

Article 145. Responsibilities

Article 146. Issue of opinions

Article 147. Definition

Article 148. Composition

Article 149. Constituencies

1. Electoral districts
   Members shall be elected for constituencies that shall be geographically defined by law. The law may create plurinominal and uninominal constituencies and lay down the nature and complementarity thereof, all in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using d'Hondt's highest-average rule.
2. With the exception of the national constituency, if any, the number of Members for each plurinominal constituency in Portuguese territory shall be proportional to the number of citizens registered to vote therein.

Article 150. Eligibility

Article 151. Nominations

1. Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.
2. No one shall be a candidate for more than one constituency of the same nature, with the exception of the national constituency, if any. No one may appear on more than one list.

Article 152. Political representation

1. The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.
2. Members shall represent the whole country and not the constituencies for which they are elected.

Article 153. Beginning and end of term of office

1. Members' terms of office shall commence upon the first sitting of the Assembly of the Republic following elections thereto and shall end upon the first sitting following the subsequent elections thereto, without prejudice to the suspension or termination of any individual mandate.
2. Replacement of legislators
   Electoral law shall regulate the filling of vacancies that arise in the Assembly and, in cases in which there are important grounds for doing so, the temporary substitution of Members.

Article 154. Incompatibilities and prevention from exercise of office

1. Eligibility for cabinet
   Members who are appointed to the Government shall not exercise the office of Member until they leave the Government, and shall be temporarily substituted in accordance with the previous Article.
2. The law shall lay down any other incompatibilities.
3. The law shall regulate cases and situations in which Members shall require the Assembly of the Republic's authorisation in order to be jurors, arbiters, experts or witnesses.

Article 155. Exercise of the office of Member

1. Members shall exercise their mandates freely and shall be guaranteed the conditions needed to perform their functions effectively, particularly those needed to maintain the indispensable contact with registered electors and those needed to ensure that the latter are regularly kept informed.
2. The law shall regulate the circumstances under which the absence of Members from official acts or proceedings that do not concern the Assembly of the Republic, due to Assembly sittings or missions, shall constitute valid grounds for adjourning the said acts or proceedings.
3. Public bodies shall possess the duty, as laid down by law, to cooperate with Members in the performance of their functions.

Article 156. Members' powers

Article 157. Immunities

1. Members shall not be civilly or criminally liable for or subject to disciplinary proceedings in relation to their votes or the opinions they express in the performance of their functions.
2. Members shall not appear as makers of declarations or defendants without the Assembly's authorisation. In the event of strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years, the Assembly shall obligatorily authorise a Member's appearance as defendant.
3. No Member may be detained, arrested or imprisoned without the Assembly's authorisation, save for a serious crime punishable by the type of prison term referred to in the previous paragraph and in flagrante delicto.
4. In the event that criminal proceedings are brought against any Member and he is definitively charged, the Assembly shall decide whether or not he is to be suspended so that the proceedings can take their course. In the event of a crime of the type referred to in the previous paragraphs, the Assembly shall obligatorily suspend the Member.

Article 158. Rights and privileges

Article 159. Duties

Article 160. Loss and resignation of seat

1. Members shall lose their seat in the event that:
   1. They become subject to any of the disqualifications or incompatibilities laid down by law;
   2. Attendance by legislators
      They do not take up their seat in the Assembly, or they exceed the number of absences laid down by the Rules of Procedure;
   3. They register as members of a party other than that for which they stood for election;
   4. They are convicted by a court of any of the special crimes for which political officeholders may be held liable, which they commit in the exercise of their functions and for which they are sentenced to such loss, or they are convicted of participating in organisations that are racist or display a fascist ideology.
2. Members may resign their seat by means of a written declaration.

Article 161. Political and legislative responsibilities

Article 162. Responsibility to scrutinise

Article 163. Responsibilities in relation to other bodies

Article 164. Exclusive responsibility to legislate

Article 165. Partially exclusive responsibility to legislate

1. Unless it also authorises the Government to do so, the Assembly of the Republic shall possess exclusive responsibility to legislate on the following matters:
   1. People's status and legal capacity;
   2. Rights, freedoms and guarantees;
   3. The definition of crimes, sentences, security measures and the preconditions therefore, and the laying down of criminal procedure;
   4. The general rules for punishing disciplinary infractions, and those governing administrative offences and the applicable proceedings;
   5. The general rules governing requisitions and expropriations in the public interest;
   6. The basic elements of the social security system and the national health service;
   7. The basic elements of the rules for protecting nature, the ecological balance and the cultural heritage;
   8. The general rules governing rural and urban rentals;
   9. The creation of taxes and the fiscal system, and the general rules governing duties and other financial payments to public bodies;
   10. The definition of sectors of ownership of the means of production, including that of basic sectors in which private businesses and other bodies of a similar nature shall be forbidden to act;
   11. The means and forms of intervention, expropriation, nationalisation and privatisation of and in relation to means of production and soils in the public interest, together with criteria for setting compensation in such cases;
   12. The rules governing economic and social development plans and the composition of the Economic and Social Council;
   13. The basic elements of the agricultural policy, including the setting of the maximum and minimum limits for farming units;
   14. The monetary system and the standard for weights and measures;
   15. The organisation and responsibilities of the courts and the Public Prosecutors' Office and the status and role of the respective judges, as well as the organisation and responsibilities of non-judicial conflict settlement bodies;
   16. The status and role of local authorities, including the rules governing local finances;
   17. Participation in local government by residents' organisations;
   18. Public associations, guarantees available to users of the Public Administration, and the Public Administration's civil liability;
   19. The basic elements of the rules governing, and the scope of, the Public Administration;
   20. The basic general elements of the status of public companies and public foundations;
   21. The definition of, and the rules governing, property in the public domain;
   22. The rules governing means of production that are integrated into the cooperative and social sector of ownership;
   23. The basic elements of town and country and urban planning;
   24. The rules governing municipal police forces and the form in which they are created.
2. Laws that grant authorisation to legislate shall define the object, purpose, extent and duration of such authorisation, which may be extended.
3. Without prejudice to their use in partial stages, authorisations to legislate shall not be used more than once.
4. Authorisations shall lapse upon the resignation or removal of the Government to which they were granted, at the end of the legislature, or upon the dissolution of the Assembly of the Republic.
5. Authorisations granted to the Government by the Budget law shall comply with the provisions of this Article and, when they address fiscal matters, shall only lapse at the end of the fiscal year to which they refer.

Article 166. Form of acts

1. The acts provided for in Article 161a shall take the form of constitutional laws.
2. The acts provided for in Articles 164a to f, h, j, the first part of l, q and t and 255 shall take the form of organisational laws
3. The acts provided for in Article 161b to h shall take the form of laws.
4. The acts provided for in Article 163d and e shall take the form of motions.
5. The remaining acts of the Assembly of the Republic shall take the form of resolutions, as shall those of the Standing Committee provided for in Article 179(3)e and f.
6. Resolutions shall be published regardless of their enactment.

Article 167. Initiative in relation to legislation and referenda

1. Initiation of general legislation, Legislative initiatives by citizens
   The power to initiate legislation and referenda shall lie with Members, parliamentary groups and the Government, and also, subject to the terms and conditions laid down by law, with groups of registered electors. The power to initiate legislation in relation to the autonomous regions shall lie with the respective Legislative Assembly.
2. No Member, parliamentary group, Legislative Assembly of an autonomous region or group of registered electors shall submit bills or draft amendments which, during the then current financial year, involve an increase in the state's expenditure or a decrease in its revenues as set out in the Budget.
3. No Member, parliamentary group or group of registered electors shall submit draft referenda which, during the then current financial year, involve an increase in the state's expenditure or a decrease in its revenues as set out in the Budget.
4. Bills and draft referenda that are definitively rejected may not be resubmitted in the same legislative session, unless a new Assembly of the Republic is elected.
5. Bills and draft referenda that are not put to the vote in the legislative session in which they are submitted shall not require resubmission in the following legislative sessions, unless the legislature itself comes to an end.
6. Government bills and draft referenda shall lapse upon the resignation or removal of the Government.
7. Government bills that are initiated by Legislative Assemblies of the autonomous regions shall lapse at the end of the respective legislature, save in the event that their general principles have already been passed, in which case they shall only lapse upon the end of the legislature of the Assembly of the Republic.
8. Without prejudice to the bills and draft referenda to which they refer, unless they are withdrawn, parliamentary committees may submit replacement texts therefore.

Article 168. Discussion and voting

1. The discussion of bills shall comprise a debate on the general principles and another on the details.
2. Voting shall comprise a vote on the general principles, another on the details and a final overall vote.
3. In the event that the Assembly so decides, texts that are passed on the general principles shall be put to the vote on the details in committee, without prejudice to the Assembly's power to mandate the Plenary to put the details to the vote, or to the final overall vote by the Plenary.
4. The details of laws on the matters provided for in Articles 164a to f, h, n and o and 165(1)q shall obligatorily be put to the vote by the Plenary.
5. Organic laws
   When put to the overall final vote, organisational laws shall require passage by an absolute majority of all the Members in full exercise of their office. The same majority shall be required for passage of the details of provisions concerning the regions' territorial borders, as provided for in Article 255.
6. Supermajority required for legislation
   Passage of the following shall require a majority that is at least equal to two thirds of all Members present and greater than an absolute majority of all the Members in full exercise of their office:
   1. The law governing the media regulatory body;
   2. The rules governing the provisions of Article 118(2);
   3. The law that regulates the exercise of the right provided for in Article 121(2);
   4. The provisions of the laws that regulate the matters referred to in Articles 148 and 149, and those concerning the system and method for electing the bodies provided for in Article 239(3);
   5. The provisions that regulate the subject matter of Article 164o;
   6. Those provisions of the political and administrative statutes of the autonomous regions that set out the matters which are covered by the autonomous regions' power to legislate.

Article 169. Parliamentary consideration of legislation

1. Head of government decree power
   Unless passed under the Government's exclusive responsibility to legislate, upon a motion made by ten Members within thirty days of their publication, excluding periods in which the Assembly of the Republic's proceedings are suspended, executive laws may be subjected to consideration by the Assembly of the Republic with a view to causing them to cease to be in force or amending them.
2. Head of government decree power
   Once a motion to consider an executive law issued under the terms of an authorisation to legislate has been made and if one or more amendments are proposed, the Assembly may suspend the force of all or part of the executive law until either the law that amends it is published, or all the proposed amendments are rejected.
3. Head of government decree power
   Such suspensions shall expire after ten plenary sittings, if the Assembly has not pronounced itself by then.
4. Head of government decree power
   In the event that the executive law is to cease to be in force, it shall so cease on the day on which the respective resolution is published in the Diário da República, whereupon the executive law in question shall not be republished during the same legislative session.
5. In the event that a motion to consider has been made and the Assembly has not pronounced on the result of such consideration, or in the event that the Assembly has decided to make amendments, but has not put the respective law to the vote by the end of the then current legislative session, and on condition that at least fifteen plenary sessions have passed, the consideration process shall be deemed to have lapsed.
6. Proceedings concerning the consideration of executive laws shall enjoy priority under the terms of the Rules of Procedure.

Article 170. Emergency proceedings

1. Upon the initiative of any Member, or parliamentary group, or the Government, the Assembly of the Republic may declare any bill or draft resolution to be the object of emergency proceedings.
2. Upon the initiative of the Legislative Assembly of the autonomous region in question, the Assembly may also declare any regional government bill to be the object of emergency proceedings.

Article 171. Legislatures

1. Each legislature shall last for four legislative sessions.
2. In the event of the dissolution of the Assembly, the newly elected Assembly shall commence a new legislature, the duration of which shall be extended at the beginning by such time as is needed to complete the period that corresponds to the legislative session that was in progress at the date of the election.

Article 172. Dissolution

1. Dismissal of the legislature, Emergency provisions
   The Assembly of the Republic shall not be dissolved during the six months following its election, during the last six months of the President of the Republic's term of office, or during a state of siege or a state of emergency.
2. Failure to comply with the provisions of the previous paragraph shall render the dissolution decree nugatory.
3. Dissolution of the Assembly shall not prejudice the continuation of its Members' term of office, or the responsibilities of the Standing Committee, until the first sitting of the Assembly following the subsequent election.

Article 173. Sitting following elections

1. The Assembly of the Republic shall sit by right on the third day following the calculation of the general results of its election, or, in the case of elections called because a legislature is due to reach its term and the said third day falls before the said legislature reaches its term, on the first day of the following legislature.
2. In the event that such date falls when the Assembly is not in full session, it shall sit for the purposes of Article 175.

Article 174. Legislative sessions, full sessions and calling

1. Length of legislative sessions
   Legislative sessions shall last for one year commencing on 15 September.
2. Length of legislative sessions
   Without prejudice to suspensions decided by a two-thirds majority of all Members present, the Assembly of the Republic's normal parliamentary term shall be from 15 September to 15 June.
3. Extraordinary legislative sessions
   Following a Plenary decision to extend the normal parliamentary term, or on the initiative of the Standing Committee, or, in the event that the said Committee is unable to function and there is a dire emergency, on the initiative of more than half of all the Members, the Assembly may conduct proceedings outside the term set out in the previous paragraph.
4. Extraordinary legislative sessions
   The President of the Republic may also call the Assembly on an extraordinary basis in order to address specific matters.
5. When the Assembly so decides under the same terms as those set out in (2) above, committees may conduct proceedings regardless of whether the Assembly's Plenary is in full session.

Article 175. Internal responsibilities of the Assembly

Article 176. Order of business of plenary sittings

1. The President of the Assembly of the Republic shall set the order of business in accordance with the priority set out in the Rules of Procedure and without prejudice to the right of appeal to the Assembly's Plenary, or to the power provided to the President of the Republic under Article 174(4).
2. The Government and parliamentary groups may request that priority be given to matters of national interest that require urgent resolution.
3. Every parliamentary group shall possess the right to set the order of business of a certain number of sittings in accordance with criteria to be laid down by the Rules of Procedure, in which respect the position of minority parties and parties that are not represented in the Government shall always be safeguarded.
4. Legislative Assemblies of autonomous regions may request that priority be given to matters of regional interest that require urgent resolution.

Article 177. Attendance by members of the Government

1. Ministers shall possess the right to attend the Assembly of the Republic's plenary sittings, at which they may be assisted or substituted by their Secretaries of State, and both shall possess the right to speak, all as laid down by the Rules of Procedure.
2. Legislative oversight of the executive
   Sittings shall be scheduled at which members of the Government shall be present in order to respond to Members' questions and requests for clarification. Such sittings shall take place at the minimum intervals laid down by the Rules of Procedure and on dates that shall be set by agreement with the Government.
3. Legislative oversight of the executive
   Members of the Government may ask to participate in committee proceedings, and shall appear before committees when asked to do so.

Article 178. Committees

1. The Assembly of the Republic shall have such committees as may be provided for by the Rules of Procedure, and may form ad hoc committees of inquiry or for any other given purpose.
2. Committees shall be composed in proportion to the number of seats each party holds in the Assembly of the Republic.
3. Petitions addressed to the Assembly shall be considered by a committee or committees formed especially for the purpose, which may hear other committees with responsibility for the matter in question and in all cases may ask any citizen to testify.
4. Without prejudice to their formation in accordance with the normal provisions, and up to a limit of one per Member and per legislative session, parliamentary committees of inquiry shall obligatorily be formed when a motion is made to that effect by one fifth of all the Members in full exercise of their office.
5. Parliamentary committees of inquiry shall possess the investigative powers of the judicial authorities.
6. The chairmanships of the various committees shall be divided between the parliamentary groups in proportion to the number of each group's Members.
7. Representatives of the Legislative Assembly of the autonomous region in question may participate in committee meetings at which regional legislative proposals are discussed, as laid down by the Rules of Procedure.

Article 179. Standing Committee

1. Outside periods in which the Assembly of the Republic is in full session, during periods in which it is dissolved, and in the remaining cases provided for by this Constitution, the Assembly of the Republic's Standing Committee shall be in session.
2. The Standing Committee shall be chaired by the President of the Assembly of the Republic and shall also be composed of the Vice-Presidents and of Members nominated by each of the parties, each in proportion to the number of seats it holds in the Assembly.
3. The Standing Committee shall be responsible for:
   1. Scrutinising compliance with this Constitution and the laws and monitoring the activities of the Government and the Public Administration;
   2. Exercising the Assembly's powers in relation to Members' mandates;
   3. Taking steps to call the Assembly whenever necessary;
   4. Preparing the opening of legislative sessions;
   5. Consenting to the President of the Republic's absence from the country;
   6. Authorising the President of the Republic to declare a state of siege or a state of emergency, to declare war or to make peace.
4. In the case provided for in subparagraph f) of the previous paragraph, the Standing Committee shall take steps to call the Assembly as soon as possible.

Article 180. Parliamentary groups

1. The Members elected for each party or coalition of parties may form a parliamentary group.
2. Each parliamentary group shall possess the following rights:
   1. To take part in Assembly committees in proportion to the number of its Members, and to appoint its representatives on such committees;
   2. To be consulted when the order of business is set, and to appeal to the Plenary against that order of business;
   3. To cause the holding of emergency debates on issues of urgent current public interest, which the Government shall attend;
   4. In each legislative session, to cause the holding of two debates on a matter of general or sectoral policy, by calling on the Government to attend the Assembly;
   5. To ask the Standing Committee to take steps to convene the Plenary;
   6. To move the formation of parliamentary committees of inquiry;
   7. To initiate legislation;
   8. To make motions rejecting the Government's Programme;
   9. To make motions of no confidence in the Government;
   10. To be regularly and directly informed by the Government as to the situation and progress of the main matters of public interest.
3. Each parliamentary group shall possess the right to dispose of places in which to work at the Seat of the Assembly, together with technical and administrative staff of its choice, as laid down by law.
4. Members who do not belong to any parliamentary group shall be ensured certain minimum rights and guarantees, as laid down by the Rules of Procedure.

Article 181. Assembly staff and specialists

Article 182. Definition

Article 183. Composition

1. The Government shall be composed of the Prime Minister, Ministers and Secretaries and Under Secretaries of State.
2. The Government may include one or more Deputy Prime Ministers.
3. The number, name and responsibilities of the ministries and secretary-of-state's offices and the means of coordination between them shall be laid down in each case by the decree appointing their officeholders, or by executive law.

Article 184. Council of Ministers

1. Deputy executive
   The Council of Ministers shall be composed of the Prime Minister, the Deputy Prime Ministers if any, and the Ministers.
2. The law may create specialised Councils of Ministers with responsibility for specific matters.
3. Secretaries and Under Secretaries of State may be required to attend meetings of the Council of Ministers.

Article 185. Temporary substitution of members of the Government

1. Head of government replacement
   In the event that there is no Deputy Prime Minister, the Prime Minister shall be temporarily substituted during his absence or inability to perform his functions by such Minister as he may designate to the President of the Republic, or, in the absence of such designation, by the Minister designated by the President of the Republic.
2. During his absence or inability to perform his functions, each Minister shall be temporarily substituted by such Secretary of State as he may designate to the Prime Minister, or, in the absence of such designation, by the member of the Government designated by the Prime Minister.

Article 186. Taking and leaving office

1. The Prime Minister shall take office upon his installation and shall leave office when he is discharged by the President of the Republic.
2. The remaining members of the Government shall take office upon their installation and shall leave office when they or the Prime Minister are discharged.
3. Secretaries and Under Secretaries of State shall also leave office when their Minister is discharged.
4. Head of government removal
   In the event that the Government resigns or is removed, the Prime Minister of the outgoing Government shall be discharged on the date of the appointment and installation of the new Prime Minister.
5. Until its Programme has been considered by the Assembly of the Republic, and after its resignation or removal, the Government shall limit itself to undertaking such acts as are strictly necessary in order to ensure the management of public affairs.

Article 187. Formation

1. Head of government selection
   The President of the Republic shall appoint the Prime Minister after consulting the parties with seats in Assembly of the Republic and in the light of the electoral results.
2. Deputy executive
   The President of the Republic shall appoint the remaining members of the Government upon a proposal from the Prime Minister.

Article 188. The Government's Programme

Article 189. Collective responsibility

Article 190. Government responsibility

Article 191. Responsibility of members of the Government

1. The Prime Minister shall be responsible to the President of the Republic and, within the ambit of the Government's political responsibility, to the Assembly of the Republic.
2. Deputy Prime Ministers and Ministers shall be responsible to the Prime Minister and, within the ambit of the Government's political responsibility, to the Assembly of the Republic.
3. Secretaries and Under Secretaries of State shall be responsible to the Prime Minister and their Minister.

Article 192. Consideration of the Government's Programme

1. Within at most ten days of its appointment, the Government shall submit its Programme to the Assembly of the Republic for consideration, by means of a Prime Ministerial statement.
2. In the event that the Assembly of the Republic is not in full session, its President shall obligatorily call it for this purpose.
3. The debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the Programme, and the Government may request the passage of a confidence motion.
4. Rejection of the Government's Programme shall require an absolute majority of all the Members in full exercise of their office.

Article 193. Request for confidence motion

Article 194. No confidence motions

1. Upon the initiative of one quarter of all the Members in full exercise of their office or of any parliamentary group, the Assembly of the Republic may subject the Government to no confidence motions in relation to the implementation of its Programme or to any important matter of national interest.
2. No confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days.
3. Limits on removing head of government
   If a no confidence motion is not passed, its signatories may not make another such motion during the same legislative session.

Article 195. Resignation or removal of the Government

1. The Government shall resign upon:
   1. The beginning of a new legislature;
   2. Acceptance by the President of the Republic of the Prime Minister's resignation;
   3. The Prime Minister's death or lasting physical incapacitation;
   4. Rejection of the Government's Programme;
   5. The failure of any confidence motion;
   6. Passage of a no confidence motion by an absolute majority of all the Members in full exercise of their office.
2. The President of the Republic may only remove the Government when it becomes necessary to do so in order to ensure the normal functioning of the democratic institutions and after first consulting the Council of State.

Article 196. Lifting immunity from criminal prosecution from members of the Government

1. No member of the Government shall be detained, arrested or imprisoned without the authorisation of the Assembly of the Republic, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto.
2. In the event that criminal proceedings are brought against any member of the Government and he is definitively charged, the Assembly of the Republic shall decide whether or not the member of the Government shall be suspended so that the proceedings can take their course. In the case of a crime of the type referred to in the previous paragraph, the Assembly shall obligatorily suspend him.

Article 197. Political responsibilities

1. In the exercise of its political functions the Government shall be responsible for:
   1. In accordance with Article 140, counter-signing acts of the President of the Republic;
   2. Negotiating and finalising international agreements;
   3. Passing international agreements that do not require passage by, or have not been submitted to, the Assembly of the Republic;
   4. Presenting and submitting government bills and draft resolutions to the Assembly of the Republic;
   5. In accordance with Article 115, proposing to the President of the Republic that important matters of national interest be subjected to referendum;
   6. Giving its opinion on declarations of a state of siege or a state of emergency;
   7. Proposing to the President of the Republic that he declare war or make peace;
   8. In accordance with Article 162d, submitting the accounts of the state and of such other public bodies as the law shall lay down, to the Assembly of the Republic;
   9. Regional group(s)
      For the purpose of Articles 161n and 163f and in good time, submitting information concerning the process of constructing the European Union to the Assembly of the Republic;
   10. Undertaking such other acts as may be required of it by this Constitution or by law.
2. The Government shall pass international agreements by decree.

Article 198. Legislative responsibilities

1. In the exercise of its legislative functions the Government shall be responsible for:
   1. Making executive laws on matters that are not the exclusive responsibility of the Assembly of the Republic;
   2. Subject to authorisation by the Assembly of the Republic, making executive laws on matters that are the partially exclusive responsibility of the Assembly;
   3. Making executive laws that develop the principles or the basic general elements of the legal rules contained in laws that limit themselves to the said principles or basic general elements.
2. The Government shall possess exclusive responsibility to legislate on matters that concern its own organisation and proceedings.
3. The executive laws provided for in (1)b and c above shall make express mention of the law granting authorisation to legislate, or the basic law, under which they are passed.

Article 199. Administrative responsibilities

Article 200. Responsibilities of the Council of Ministers

1. Powers of cabinet
   The Council of Ministers shall be responsible for:
   1. Defining the outlines of government policy and of the implementation thereof;
   2. Deciding whether to ask the Assembly of the Republic to pass confidence motions;
   3. Passing government bills and draft resolutions;
   4. Head of government decree power
      Passing executive laws, and passing international agreements that are not to be submitted to the Assembly of the Republic;
   5. Passing National Plans;
   6. Passing Government acts that involve increases or reductions in public revenues or expenditure;
   7. Deciding on such other matters that fall under the Government's responsibility as may be entrusted to it by law or submitted to it by the Prime Minister or any Minister.
2. Specialised Councils of Ministers shall fulfil such responsibilities as may be required of them by law or delegated to them by the Council of Ministers.

Article 201. Responsibilities of members of the Government

1. The Prime Minister shall be responsible for:
   1. Directing the Government's general policy and coordinating and orienting the actions of all the Ministers;
   2. Directing the work of the Government and its general relations with other state bodies;
   3. Informing the President of the Republic about matters concerning the conduct of the country's internal and external policy;
   4. Performing such other functions as may be required of him by this Constitution and the law
2. Ministers shall be responsible for:
   1. Implementing the policy that has been set for their Ministries;
   2. Within the scope of their individual Ministries, ensuring general relations between the Government and other state bodies.
3. The Prime Minister and the Ministers with responsibility for the matter in question shall sign executive laws and decrees issued by the Government.

Article 202. Jurisdiction

1. The courts shall be the bodies that exercise sovereign power which possess the responsibility to administer justice in the name of the people.
2. In administering justice the courts shall ensure the defence of those citizens' rights and interests that are protected by law, repress breaches of the democratic rule of law and rule on conflicts between interests, public and private.
3. In the performance of their functions the courts shall possess the right to the assistance of the other authorities.
4. The law may institutionalise non-judicial instruments and means of settling conflicts.

Article 203. Independence

Article 204. Compliance with the Constitution

Article 205. Court rulings

1. Court rulings that are not merely administrative in nature shall set out their grounds in the form laid down by law.
2. Court rulings shall be binding on all persons and bodies, public and private, and shall prevail over the decisions of all other authorities.
3. The law shall regulate the terms under which court rulings are implemented in relation to any authority, and shall lay down the penalties to be imposed on any person or body that is responsible for any failure to implement such rulings.

Article 206. Court hearings

Article 207. Juries, public participation and experts

1. Jury trials required
   In such cases and with such composition as the law may lay down, and particularly when either the prosecution or the defence so request, a jury may participate in the trial of serious crimes, save those involving terrorism or highly organised crime.
2. The law may provide for the participation of lay magistrates in trials concerning labour-related matters, public health infractions, minor offences, the execution of sentences or other cases that justify special consideration of the social values that have been infringed.
3. The law may also provide for the participation of technically qualified assistants in the trial of certain matters.

Article 208. Legal representation

Article 209. Categories of court

1. Establishment of constitutional court
   In addition to the Constitutional Court, there shall be the following categories of court:
   1. The Supreme Court of Justice and the courts of law of first and second instance;
   2. Establishment of administrative courts
      The Supreme Administrative Court and the remaining administrative and tax courts;
   3. The Audit Court.
2. There may be maritime courts, arbitration tribunals and justices of the peace.
3. The law shall lay down the cases and forms in which the courts provided for in the previous paragraphs can separately or jointly be constituted as conflict-resolution tribunals.
4. Establishment of military courts
   Without prejudice to the provisions concerning courts martial, courts with the exclusive power to try certain categories of crime shall be prohibited.

Article 210. Supreme Court of Justice and other courts of law

1. Without prejudice to the specific responsibilities of the Constitutional Court, the Supreme Court of Justice shall be the senior body in the hierarchy of courts of law.
2. Supreme court selection
   The judges of the Supreme Court of Justice shall elect its President.
3. As a general rule the courts of first instance shall be the district courts, the status of which shall be equivalent to that of those referred to in paragraph (2) of the following Article.
4. As a general rule the courts of second instance shall be the Courts of Appeal.
5. The Supreme Court of Justice shall serve as a court of instance in such cases as the law may lay down.

Article 211. Responsibilities and specialisation of courts of law

1. The courts of law shall be the general courts in civil and criminal matters and shall have jurisdiction over every area that is not allocated to other judicial bodies.
2. There may be courts of first instance that possess specific responsibilities or are specialised in the trial of certain matters.
3. The composition of courts of any instance that try crimes of a strictly military nature shall include one or more military judges, as laid down by law.
4. The Courts of Appeal and the Supreme Court of Justice may operate in specialised sections.

Article 212. Administrative and tax courts

1. Without prejudice to the specific responsibilities of the Constitutional Court, the Supreme Administrative Court shall be the senior body in the hierarchy of administrative and tax courts.
2. Administrative court selection
   The judges of the Supreme Administrative Court shall elect its President from among their number.
3. The administrative and tax courts shall try contested suits and appeals, the purpose of which is to settle disputes arising from administrative and fiscal legal relations.

Article 213. Courts martial

Article 214. Audit Court

1. The Audit Court shall be the senior body with authority to scrutinise the legality of public expenditure and judge such accounts as the law may require to be submitted to it. It shall particularly be responsible for:
   1. Issuing an opinion on the General State Accounts, including the social security accounts;
   2. Issuing an opinion on the accounts of the Azores and Madeira Autonomous Regions;
   3. Enforcing liability for financial infractions, as laid down by law;
   4. Fulfilling such other responsibilities as the law may confer upon it.
2. Without prejudice to the provisions of Article 133m, the President of the Audit Court's term of office shall be four years.
3. The Audit Court may operate in a decentralised manner, in regional sections, as laid down by law.
4. In the Azores and Madeira Autonomous Regions there shall be sections of the Audit Court with full responsibility for the matter in question in the respective region, as laid down by law.

Article 215. Judges of the courts of law

1. The judges of the courts of law shall form a single body and shall be governed by a single statute.
2. Eligibility for ordinary court judges
   The law shall lay down the requirements and rules governing the recruitment of judges of the courts of law of first instance.
3. The prevailing criterion in the selection of judges of the courts of law of second instance shall be that of merit, to be determined by a competitive submission of curricula by judges of first instance.
4. Supreme court selection, Eligibility for supreme court judges
   Appointment to the Supreme Court of Justice shall be determined by a competitive submission of curricula by judges, public prosecutors and other meritorious members of the legal profession, as laid down by law.

Article 216. Guarantees and incompatibilities

1. Supreme/ordinary court judge removal
   Judges shall enjoy security of tenure and shall not be transferred, suspended, retired or removed from office except in the cases laid down by law.
2. Save the exceptions laid down by law, judges shall not be held personally liable for their rulings.
3. Eligibility for ordinary court judges
   Serving judges shall not perform any other public or private function, save unremunerated teaching or legal research functions, as laid down by law.
4. Serving judges shall not be appointed to judicial functions unrelated to the work of the courts without the authorisation of the competent Supreme Council.
5. Eligibility for ordinary court judges
   The law may lay down other incompatibilities with the exercise of the office of judge.

Article 217. Appointment, assignment, transfer and promotion of judges

1. The appointment, assignment, transfer and promotion of judges of the courts of law and the exercise of discipline over them shall be the responsibility of the Supreme Judicial Council, as laid down by law.
2. Administrative court selection
   The appointment, assignment, transfer and promotion of judges of the administrative and tax courts and the exercise of discipline over them shall be the responsibility of the respective Supreme Council, as laid down by law.
3. Subject to the guarantees provided for by this Constitution, the law shall define the rules governing the assignment, transfer and promotion of judges of the remaining courts and the exercise of discipline over them, and shall determine the responsibility to do so.

Article 218. Supreme Judicial Council

1. The Supreme Judicial Council shall be chaired by the President of the Supreme Court of Justice and shall also be composed of the following members:
   1. Two to be appointed by the President of the Republic;
   2. Seven to be elected by the Assembly of the Republic;
   3. Seven judges to be elected by their peers in accordance with the principle of proportional representation.
2. The rules governing guarantees enjoyed by judges shall apply to all the members of the Supreme Judicial Council.
3. The law may provide for court officials to be members of the Supreme Judicial Council, in which case they shall be elected thereto by their peers. Such members shall only participate in the discussion and voting on matters concerning the assessment of the professional merit of, and the exercise of discipline over, court officials.

Article 219. Functions, status and role

1. The Public Prosecutors' Office shall be responsible for representing the state and defending such interests as the law may lay down, and, subject to the provisions of the following paragraph and as laid down by law, for participating in the implementation of the criminal policy defined by the bodies that exercise sovereign power, conducting penal action in accordance with the principle of legality, and defending the democratic rule of law.
2. The Public Prosecutors' Office shall possess its own statute and autonomy, as laid down by law.
3. The law shall create special forms of assistance to be provided to the Public Prosecutors' Office in cases involving strictly military crimes.
4. The officials of the Public Prosecutors' Office shall be accountable judicial officers, shall form part of and be subject to a hierarchy and shall not be transferred, suspended, retired or removed from office except in cases provided for by law.
5. The appointment, assignment, transfer and promotion of officials of the Public Prosecutors' Office and the exercise of discipline over them shall be the responsibility of the Attorney General's Office.

Article 220. Attorney General's Office

1. The Attorney General's Office shall be the senior body of the Public Prosecutor's Office and shall possess the composition and responsibilities laid down by law.
2. The Attorney General's Office shall be presided over by the Attorney General and shall contain the Supreme Council of the Public Prosecutors' Office, which shall include members elected by the Assembly of the Republic and members whom the public prosecutors shall elect from among their number.
3. Without prejudice to the provisions of Article 133m, the Attorney General's term of office shall be six years.

Article 235. Local authorities

1. The democratic organisational structure of the state shall include local authorities.
2. Local authorities shall be territorial bodies corporate, shall possess representative bodies and shall seek to pursue the interests of the local people.

Article 236. Categories of local authority and administrative division

1. On the mainland, local authorities shall comprise parishes, municipalities and administrative regions.
2. The Azores and Madeira autonomous regions shall comprise parishes and municipalities.
3. In large urban areas and on the islands the law may create other forms of local government organisation in accordance with the specific conditions prevailing therein or on.
4. The law shall lay down the manner in which Portuguese territory is to be divided for administrative purposes.

Article 237. Administrative decentralisation

1. The law shall regulate the responsibilities and organisation of local authorities and the responsibilities of their bodies in accordance with the principle of administrative decentralisation.
2. Each local authority assembly shall be responsible for exercising the powers conferred upon it by law, including the power to pass the options of its plan and budget.
3. Municipal police forces shall cooperate in maintaining public order and protecting local communities.

Article 238. Local assets and finances

1. Local authorities shall possess their own assets and finances.
2. The law shall lay down the rules governing local finances and shall seek to ensure that public resources are justly shared between the state and the local authorities, and the necessary correction in inequalities between local authorities of the same category.
3. Each local authority's income shall obligatorily include that derived from the management of its assets and that charged for the use of its services.
4. Municipal government
   Local authorities may possess the power of taxation in such cases and under such terms as may be laid down by law.

Article 239. Decision-making and executive bodies

1. Municipal government
   The organisational structures of local authorities shall comprise an elected assembly with decision-making powers, and a collegiate executive body that shall be answerable to the assembly.
2. Municipal government
   Assemblies shall be elected by universal, direct and secret suffrage of the citizens who are registered to vote in the area of the local authority in question, in accordance with the proportional representation system.
3. The collegiate executive body shall be composed of an adequate number of members. The first candidate on the list that receives the most votes cast shall be appointed president of the assembly or executive, depending on and in accordance with the solution adopted by law. The law shall also regulate the electoral process, the requirements governing the formation and removal of the assembly and the collegiate executive body, and their proceedings and operation.
4. Nominations for election to local authority bodies may be submitted by political parties, either individually or in coalition, or by groups of registered electors, all as laid down by law.

Article 240. Local referenda

1. In such cases, under such terms and with such effect as the law may lay down, local authorities may submit matters that are included within the responsibilities of the local authority bodies to referendum by those of their citizens who are registered to vote.
2. The law may grant the right to initiate referenda to registered electors.

Article 241. Regulatory power

Article 242. Administrative oversight

1. Administrative oversight of local authorities shall consist of the verification of the local authority bodies' compliance with the law and shall be exercised in such cases and in accordance with such forms as the law may lay down.
2. Oversight measures that restrict local autonomy shall be preceded by an opinion from a local authority body and shall be governed by law.
3. Local authority bodies may only be dissolved for serious illegal acts or omissions.

Article 243. Local authority staff

1. Local authorities shall possess their own staff, as laid down by law.
2. The rules governing state staff and agents shall apply to local government staff and agents, as laid down by law, mutatis mutandis.
3. Without prejudice to the autonomy of the local authorities, the law shall define the forms in which the state shall provide such authorities with support in the form of technical and human resources.

Article 244. Parish bodies

Article 245. Parish assemblies

1. The parish assembly shall be its parish's decision-making body.
2. The law may require that the parish assembly in parishes with very small populations be replaced by the plenary meeting of registered electors.

Article 246. Parish authorities

Article 247. Associations

Article 248. Delegation of tasks

Article 249. Changes to municipalities

Article 250. Municipal bodies

Article 251. Municipal assemblies

Article 252. Municipal authorities

Article 253. Associations and federations

Article 254. Share in revenue from direct taxes

1. Municipalities shall share in the revenue from direct taxes by right and as laid down by law.
2. Municipalities shall possess their own tax revenues, as laid down by law.

Article 255. Creation by law

Article 256. De facto institution

1. The de facto institution of the administrative regions by means of the individual laws instituting each one shall depend on the law provided for in the previous Article, and on the casting of an affirmative vote by the majority of the registered electors who cast their votes in a direct national ballot covering each of the regional areas.
2. In the event that the majority of the registered electors who cast their votes do not respond in the affirmative to a question with a national scope on the de facto institution of the administrative regions, the answers to such questions as may be put in relation to each region that is created by the law shall not take effect.
3. The consultation of registered electors provided for in the previous paragraphs shall take place in accordance with the provisions of an organisational law and by decision of the President of the Republic, upon a proposal from the Assembly of the Republic. The system derived from Article 115 shall apply mutatis mutandis.

Article 257. Responsibilities

Article 258. Planning

Article 259. Regional bodies

Article 260. Regional assemblies

Article 261. Regional authorities

Article 262. Government representatives

Article 263. Formation and area

1. In order to intensify local people's participation in local administrative life, residents' organisations may be formed within areas smaller than that of their parish.
2. Upon its own initiative, or at the request of one or more residents' committees or a significant number of residents, the local parish authority shall delimit the geographic area of the organisations referred to in the previous paragraph and shall resolve any conflicts that arise from such delimitation.

Article 264. Structure

1. The law shall lay down the structure of residents' organisations, which shall include a residents' assembly and a residents' committee.
2. Residents' assemblies shall be composed of the residents registered during the parish census.
3. Each residents' assembly shall elect a residents' committee, which it shall also be free to dismiss.

Article 265. Rights and responsibilities

1. Residents' organisations shall possess the right:
   1. To petition local authorities in relation to administrative matters that are of interest to the residents;
   2. Via their representatives, to participate without vote in the parish assembly.
2. Residents' organisations shall be responsible for performing such tasks as the law or their parish bodies may delegate to them.