Constitution of the Portuguese Republic (1976)

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Constitution of the Portuguese Republic  (1976) , translated by Wikisource
The constitution of 1976 was preliminary drafted and largely completed in 1975, then finished and officially promulgated in early 1976. At the time the constitution was being drafted, a democratic outcome was still uncertain in the midst of the revolution.

Preamble[edit]

On 25 April 1974, the Armed Forces Movement, crowning the enduring resistance of the Portuguese people and interpretating its deepest feelings, overthrew the fascist regime.

Freeing Portugal from dictatorship, oppression and colonialism meant a revolutionary transformation and the beginning of a historic change in the Portuguese society.

The Revolution gave back the Portuguese their fundamental rights and freedoms. In full command of these rights and freedoms, the legitimate representatives of the people gather to elaborate a Constitution that corresponds to the country's ambitions.

The Constituent Assembly affirms the decision of the Portuguese people to defend its nation's independence, to guarantee the citizen's fundamental rights, to establish the basic principles of democracy, to ensure the primacy of the democratic State of Law and to pave the way to a socialist society, respecting the will of the Portuguese people, and aiming the construction of a freer, fairer and more fraternal country.

The Constituent Assembly, gathered in plenary session of 2 April 1976, approves and decrees the following Constitution of the Portuguese Republic:

Fundamental principles[edit]

Article 1 — Portuguese Republic

Portugal is a sovereign republic, based on the dignity of the human being and on the will of the people, committed in the construction of a free, fair and solidary society.

Article 2 — Democratic State of Law

The Portuguese Republic is a democratic state of law, based on the popular sovereignty, on the plurality of democratic expression and political organization, on the respect and assurance of the fundamental rights and freedoms, and on the separation and interdependence of powers, aiming the effectivity of an economical, social and cultural democracy and the deepening of the participative democracy.

Article 3 — Sovereignty and legality
  1. The sovereignty, whole and indivisible, lives in the people, which exerts it according to the norms foreseen on the Constitution.
  2. The State is subordinated to the Constitution and is based on democratic legality.
  3. The validity of the laws and other acts of the State, autonomous regions, local power and other public entities depends on their conformity with the Constitution.
Article 4 — Portuguese citizenship

Portuguese citizens are all those considered as such by the law or international convention.

Article 5 — Territory
  1. Portugal comprises the territory historically defined on the European continent and the Azores and Madeira archipelagos.
  2. The law defines the extension and limit of the territorial waters, the exclusive economic zone and the Portuguese rights upon contiguous oceanic bed.
  3. The State does not alienate any part of the Portuguese territory or any of the sovereignty rights exerted upon it, without prejudice of border rectification.
Article 6 — Unitary State
  1. The State is unitary and respects, in its organization and function, the insular autonomic regime and the principles of subsidiarity, municipal autonomy and democratic decentralization of the Public Administration.
  2. The Azores and Madeira archipelagos constitute autonomous regions endowed with political and administrative statutes and self-governing organs.
Article 7 — International relations
  1. Portugal guides its international relations by the principles of national independence, of respect for human and peoples' rights, of equality among States, of peaceful solution of international conflicts, of non-intervention in the internal affairs of other States, and of cooperation with all the other peoples for the emancipation and progress of mankind.
  2. Portugal preconizes the abolition of imperialism, colonialism and every other form of aggression, control and exploitation in the relations between peoples, as well as the controlled, simultaneous and generalized disarmament, the dissolution of political and military blocs and the establishment of a collective security sistem, aiming the creation of an international order capable of ensuring peace and justice in the relations between peoples.
  3. Portugal recognizes the right of peoples to self-determination and independence and development, as well as the right of insurrection against all forms of oppression.
  4. Portugal maintains privileged bonds of friendship and cooperation with Portuguese-speaking countries.
  5. Portugal commits itself in the reinforcement of the European identity and strengthening of the actions of European states in favor of democracy, peace, economical progress and justice in the relations between peoples.
  6. Portugal can stipulate the exercise, in common, in cooperation or by the Union institutions, of the powers necessary to the construction and deepening of the European Union, under conditions of reciprocity and respect for the fundamental rights of a democratic state of law and principles of subsidiarity, and aiming the accomplishment of an economical, social and territorial cohesion, of a space of freedom, safety and justice, and the definition and execution of an external policy of common security and defence.
  7. Portugal can accept the jurisdiction of the International Criminal Court, under conditions of complementarity and further terms established in the Rome Statute, aiming the accomplishment of an international justice that promotes respect for human rights.
Article 8 — International law
  1. The norms and principles of general or common international law are an integrant part of the Portuguese law.
  2. The norms present on regularly ratified or approved international conventions enter in force in the national law following their official publication and as long as they vinculate internationally the Portuguese State.
  3. The norms emanating from competent organs of international organizations of which Portugal is a member, enter directly in force into the national law, provided that such is established on the respective constitutive treaties.
  4. The treaty dispositions that rule the European Union and the norms emanating from its institutions, on the exercise of its respective competences, are applicable in the national law, under the terms defined by the Union law, with respect for the fundamental principles of the democratic state of law.
Article 9 — Fundamental State tasks

The fundamental tasks of the State are:

a) Guarantee the national independence and create the political, economical, social and cultural conditions to promote it;
b) Guarantee the fundamental rights and freedoms and the respect for the principles of the democratic state of law;
c) Defend the political democracy, ensure and promote the democratic participation of all citizens in the resolution of the nation's problems;
d) Promote welfare and quality of life of the people and true equality between the Portuguese, as well as the accomplishment of the economical, social, cultural and environmental rights, through the transformation and modernization of the social and economical structures;
e) Protect and value the cultural patrimony of the Portuguese people, defend the nature and environment, preserve the natural resources and ensure a correct organization of the territory;
f) Ensure the education and permanent valorization, defend the use and promote the international spread of the Portuguese language;
g) Promote the harmonious development of all national territory, taking into account, namely, the ultraperipheric character of the Azores and Madeira archipelagos;
h) Promote equality between men and women.
Article 10 — Universal suffrage and political parties
  1. The people exerts its political power through a universal, equal, direct, secret and periodic suffrage, as well as through referendum and other ways foreseen in the Constitution.
  2. The political parties compete for the organization and expression of the popular will, showing respect for the principles of national independence, State unity, and political democracy.
Article 11 — National symbols and official language
  1. The national flag, symbol of the Republic sovereignty, independence, unity and integrity of Portugal, is the one adopted by the Republic installed by the Revolution of 5 October 1910.
  2. The national anthem is "A Portuguesa".
  3. The official language is the Portuguese.

Part I. Fundamental rights and duties[edit]

Title I. General principles[edit]

Article 12 — Principle of universality
  1. All citizens benefit from the rights and are subjected to the duties consigned on the Constitution.
  2. The collective people benefit from the rights and are subjected to the duties compatible with their nature.
Article 13 — Principle of equality
  1. All citizens have the same social dignity and are equal before the law.
  2. No one can be privileged, beneficed, prejudiced, deprived of any right or released from any duty due to reasons of ascendancy, gender, race, language, territory or origin, religion, political or ideological convictions, education, economical situation, social condition or sexual orientation.
Article 14 — Portuguese abroad

The Portuguese citizens that are or live abroad benefit from the State's protection to exert their rights and are subjected to the duties that are not incompatible with their absence from the country.

Article 15 — Foreigners, stateless people, European citizens
  1. Foreigners and stateless people that are or live in Portugal benefit from the rights and are subjected to the duties of the Portuguese citizen.
  2. Exceptions to what is stated in the previous number are political rights, the exercise of public functions that do not have a predominantly technical character and the rights and duties exclusively reserved by the Constitution and the law to Portuguese citizens.
  3. To the citizens of Portuguese-speaking states with permanent residence in Portugal are recognized, in the terms of the law and under conditions of reciprocity, rights not conferred to foreigners, apart from the access to the positions of President of the Republic, President of the Assembly of the Republic, Prime-Minister, Presidents of the Supreme Courts and the Armed Forces service and diplomatic career.
  4. The law can award foreigners living on national territory, under conditions of reciprocity, passive and active electoral capacity for the election of positions in local municipal organs.
  5. The law can also award, under conditions of reciprocity, to citizens of member states of the European Union, living in Portugal, the right to elect and being elected members of the European Parliament.
Article 16 — Context and meaning of the fundamental rights
  1. The fundamental rights consecrated on the Constitution do not exclude any others present on the applicable international laws and rules.
  2. The constitutional and legal principles concerning the fundamental rights must be interpreted and integrated in harmony with the Universal Declaration of Human Rights.
Article 17 — Rights, freedoms and guarantees regime

The regime of rights, freedoms and guarantees applies to those stated on Title II and to the fundamental rights of analogous nature.

Artigo 18 — Juridical strength
  1. The constitutional principles concerning the rights, freedoms and guarantees are directly applicable and bind the public and private entities.
  2. The law can only restrict the rights, freedoms and guarantees in those cases foreseen on the Constitution, with the restrictions being limited to the necessary in order to safeguard other constitutionally protected rights or interests.
  3. The laws restricting rights, freedoms and guarantees must have a general and abstract character, cannot have a retroactive effect nor can they diminish the extent and reach of the essential content of the constitutional principles.
Article 19 — Suspension of the exercise of rights
  1. The sovereignty organs cannot, together or separately, suspend the exercise of rights, freedoms and guarantees, except in the cases of martial law or state of emergency, declared in a foreseen way on the Constitution.
  2. The martial law or state of emergency can only be declared, in the whole or in part of the territory, in the cases of effective or imminent aggresion by foreign forces, of grave threat or disturbance of the democratic constitutional order or public calamity.
  3. The state of emergency is declared when the premises mentioned in the previous number are not so serious and it can only determine the suspension of a few rights, freedoms and guarantees susceptible of suspension.
  4. The option for martial law or state of emergency, as well as the respective declaration and execution, must respect the principle of proportionality and restrict themselves, as far as their extent, duration and means are concerned, to the necessary for the reestablishment of the constitutional normality,
  5. The declaration of martial law or state of emergency is appropriately fundamented and contains the specification of the the rights, freedoms and guarantees whose exercise is suspended; the declared state must not last more than fifteen days, or the period established by law when it is a consequence of war declaration, without any prejudice of eventual period renovations and always safekeeping the same time limits.
  6. The declaration of martial law or state of emergency cannot in any case affect the right to life, personal integrity and identity, citizenship and civil capacity, non-retroactivity of the criminal law, the offender's right to a defence and the freedom of conscience and religion.
  7. The declaration of martial law or state of emergency can only change the constitutional normality under the terms foreseen on the Constitution and the law, but cannot affect the application of the constitutional rules regarding the competence and functioning of the sovereignty organs and autonomous regions' self-governing, or the rights and immunities of the respective holders.
  8. The declaration of martial law or state of emergency gives the authorities competence to take the necessary and adequate actions for the prompt reestablishment of the constitutional normality.
Article 20 — Access to justice and effective jurisdictional tutelage
  1. Everyone has assured access to justice and courts to defend their legally protected rights and interests, and this access cannot be denied due to lack of economical means.
  2. Everyone is entitled by law to access juridical informations, to receive judicial support and to be accompanied by a lawyer before any authority agent.
  3. The law defines and assures the adequate protection of the secret of justice.
  4. Everyone has the right to have the causes in which they intervene being solved within a reasonable time period and by a fair and equitative procedure.
  5. For the defence of personal rights, freedoms and guarantees, the law provides citizens with judicial procedures characterized by swiftness and priority, in order to obtain fast and effective tutelage against threats or violations to these rights.
Article 21 — Right to opposition

Everyone has the right to oppose to any order that may offend their rights, freedoms and guarantees and to repel by force any aggression, whenever it is not possible to resort to the public authority.

Article 22 — Public entity responsibility

The State and other public entities are civilly responsible, in a solidary way towards its organ holders, employee or agents, for any actions or ommissions practiced during the exercise of their functions and as consequence of that exercise, from which results a violation of others's rights, freedoms and guarantees.

Article 23 — Justice Purveyor
  1. Citizens may present complaints due to actions or ommissions by the public powers to the Justice Purveyor, who will evaluate them without any decision power, readdressing to the competent organs the necessary reccomendations to prevent and repair injustices.
  2. The Justice Purveyor's activity is independent of the gracious and contentious means foreseen on the Constitution and laws.
  3. The Justice Purveyor is an independent organ, with its holder chosen by the Assembly of the Republic for a period of time determined by law.
  4. The Public Administration organs and agents cooperate with the Justice Purveyor in the accomplishment of his mission.

Title II. Rights, freedoms and guarantees[edit]

Chapter I. Personal rights, freedoms and guarantees[edit]

Article 24 — Right to life
  1. The human life is inviolable.
  2. The death penalty cannot be applied under any situation.
Article 25 — Right to personal integrity
  1. The people's moral and physical integrity is inviolable.
  2. Nobody can be subjected to torture, or cruel, degradating and inhuman sentences or treatments.
Article 26 — Other personal rights
  1. Everyone is recognized with the rights to personal identity and personality development, civil capacity and citizenship, a good name and reputation, image, word, the discretion of a private and familiar life's intimacy, and to the legal protection against any form of discrimination.
  2. The law shall establish effective guarantees against the obtention and abusive use, or in any way disrespectful of the human dignity, of informations concerning people and families.
  3. The law shall assure the personal dignity and genetic identity of the human being, namely in the creation, development and use of technology and scientific experimentation.
  4. The deprivation of citizenship and restrictions to the civil capacity can only be exerted in cases and terms foreseen in the law, and cannot be based on political reasons.
Article 27 — Right to freedom and safety
  1. Everyone has the right to freedom and safety
  2. Nobody can be fully or partially deprived of freedom, unless as a consequence of a convicting court sentence for the practice of actions punished by law with prison or judicial application of security measures.
  3. Freedom deprivation, under the conditions foreseen by the law, is exempted from the previous number in the following cases:
    1. Red-handed arrest.
    2. Arrest or protective custody due to strong signs of criminal practice to which corresponds a conviction for a maximum period of over three years.
    3. Arrest, detention, or another coactive measure subjected to judicial control, of a person who has entered or remains irregularly on national territory or against whom an expelling or extraditation process is on course.
    4. Disciplinary arrest imposed to military, with guarantee of appeal to the competent court.
    5. Submission of a minor to measures of protection, assistance or education in adequate establishment, decreed by the competent judicial court.
    6. Judicial arrest due to disobedience to a court decision or to assure the appearance before the competent judiciary authority.
    7. Inprisonment of suspects, for identification purposes, in strictly necessary cases and duration.
    8. Confinement in adequate therapeutic establishment of a psychic anomaly carrier, decreed or confirmed by a competent judicial authority.
  4. Every person deprived of freedom must be informed immediately and comprehensively about the reasons for her inprisonment or detention as well as of her rights.
  5. The deprivation of freedom, against what is stated on the Constitution and the law, gives the State the duty to compensate the victim under the terms established by the law.
Article 28 — Protective custody
  1. Detention will be submitted, under a maximum deadline of forty-eight hours, to judicial evaluation, so that freedom is restituted or an adequate constraint measure is applied; the judge must know the causes leading to such decision, communicate them to the detained, interrogate and give him the chance for a defense.
  2. Protective custody has an exceptional nature, and cannot be decreed nor maintained whenever a bail or another more favorable measure, foreseen by the law, can be applied instead.
  3. The judicial decision that orders or maintains a freedom deprivation measure must be immediately communicated to a relative or a person of trust indicated by the detained.
  4. Protective custody is subjected to the deadlines established by the law.
Article 29 — Application of the criminal law
  1. Nobody can be criminally sentenced unless on account of a previous law that declares punishable the action or ommission, nor suffer security measure whose premises are not stated on the previous law.
  2. The previous number does not hinder punishment, within the legal limits, for an action or ommission that, in the moment it was practiced, is considered criminal according to the general principles of the commonly known international law.
  3. Sentences or security measures which are not expressly comminated on the previous law cannot be applied.
  4. Nobody can be subjected to a sentence or security measure more serious that those foreseen in the moment of the corresponding conduct or respective premises verification; more favorable penal laws are retroactively applied to the detained.
  5. Nobody can be judged more than one time for the practice of the same crime.
  6. Citizens unfairly condemned have the right, under the conditions foreseen by the law, to the review of the sentence and compensation for the damages.
Article 30 — Sentence and security measure limits
  1. There cannot be sentences or security measures that deprive or restrict freedom on a perpetual basis or with an unlimited or undefined duration.
  2. In case of danger based on a serious psychic anomaly, and in the impossibility of therapy in a non-enclosed environment, freedom-depriving or restricting security measures can be extended successively as long as such condition is maintained, but always through a judicial decision.
  3. The penal responsibility is not susceptible of transmission.
  4. No sentence includes as a necessary effect the loss of any civil, professional or political rights.
  5. Condemned people to whom freedom-depriving or restricting sentences or security measures are applied still hold their fundamental rights, except for the inherent limitations of a judicial condemning and the demands of its execution.
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, after requisition before a compentent court.
  2. The provision of habeas corpus can be self-requested or by any citizen enjoying his political rights.
  3. The judge shall decide the habeas corpus request at a contradictory hearing, within a period of eight days.
Article 32 — Criminal process guarantees
  1. The criminal process ensures all guarantees of defence, including appeal.
  2. Every offender is presumed innocent until a condemning sentence transits to court; the offender shall be judged as quickly as possible according to the defence guarantees.
  3. The offender has the right to choose a defender that will assist him during every step of the process, specifying the law, cases and stages in which the support by a lawyer is compulsory.
  4. The full instruction is of the responsbility of a judge, who can legally delegate to otehr entities the practice of instruction acts that are not directly related with fundamental rights.
  5. The criminal process has an accusatory structure; the trial hearing and instructory acts determined by the law are subordinated to the principle of contradiction.
  6. The law defines the cases in which, as long as the defence rights are assured, the offender or accused can be absent of processual acts, including the trial hearing.
  7. The offended has the right to intervene in the process, under the terms defined by the law.
  8. Every evidence obtained through torture, coercion, offense to the moral and physical integrity, violation of private life, residence, correspondence or communications, is null and void.
  9. No cause can be sutracted to the court whose competence is stated on a previous law.
  10. In countermand processes, as well as in any sanctioning processes, the hearing and defence rights of the offender shall be assured.
Article 33 — Expulsion, extradiction and right to asylum
  1. The expulsion of Portuguese citizens from national territory is forbidden.
  2. The expulsion of people who have entered or remain regularly within national territory, of people who have obtained permission of residence, or of people who have had approved the request for asylum can only be determined by a judicial authority, with the law ensuring prompt ways of decision.
  3. The extradiction of Portuguese citizens from national territory is only admitted, under conditions of reciprocity established by international convention, in cases of terrorism and international organized crime, and as long as the juridical order of the requesting State consecrated guarantees of a fair and equitative process.
  4. Extradiction is only admitted for crimes to which, according to the requesting State laws, correspond freedom-depriving or restricting sentence or security measure of perpetual or undefined duration character, if in that domain the requesting State is part of an international convention to which Portugal is also bound and offers guarantees that such sentence or security measure is not applied or exerted.
  5. The previous numbers do not hinder the application of the penal judiciary cooperation norms established in the context of the European Union.
  6. Extradiction or surrender is not admitted by political reasons or crimes to which, according to the requesting State laws, correspond the death penalty or other sentence that may result in irreversible damage of the physical integrity.
  7. Extradiction can only be decided by a judical authority.
  8. The right to asylum is assured to foreigners and stateless people that are pursued or seriously threatened of pursuit, as a consequence of their activities in promoting democracy, social and national freedom, peace among the peoples, and human freedom and rights.
  9. The law defines the statute of the political refugee.
Article 34 — Inviolability of residence and correspondence
  1. The residence and seal of correspondence and of other private means of communication are inviolable.
  2. The entry in the residence of citizens against their will can only be ordered by a competent judicial authority, in the cases and according to the terms foreseen by the law.
  3. Nobody can enter during the night in the residence of any other person without their consent, except in red-handed situations or in cases of especially violent or highly organized criminal cases, through judicial authorization, including terrorism and traffic of people, guns and drugs, within the terms foreseen by the law.
  4. The interference of public authorities in the correspondence, telecommunications and other means of communication, is forbidden, except in cases related to criminal processes, as foreseen in the law.
Article 35 — Use of informatics
  1. Every citizen has the right to access the database-registed data that concerns his person, and can demand its correction and update, as well as the right to know their purpose, within the legal terms.
  2. The law defines the concept of personal data, as well as the conditions that apply to its automated treatment, connection, transmission and utilization, and guarantees its protection, namely through an independent administrative entity.
  3. Informatics cannot be used for the treatment of data related to philosophical or plitical convictions, union or party filiation, religious faith, private life and ethnical origin, except under express consent of the holder, legal authorization with guarantees of non-discrimination, or for the processing of anonymous statistical data.
  4. The access to third-person personal data is forbidden, save in cases exceptionally foreseen by the law.
  5. The attribution of a unique citizen national number is forbidden.
  6. Everyone is entitled to free access to public-use cumputer networks, with the law defining the system applicable to the international flow of data and the adequate means of personal and other data protection, whose safeguard is justified by reasons of national interest.
  7. The personal data present in manual files enjoy protection similar to that foreseen in the previous numbers, within the legal terms.
Article 36 — Family, marriage and descent
  1. Everyone has the right to constitute family and to get married in conditions of full equality.
  2. The law regulates the requisites and effects of marriage and of its dissolution due to death or divorce, regardless of the celebration form.
  3. The spouses have equal rights and duties as far as the civil and political capacity and the descent maintenance and education is concerned.
  4. Children born outside of the marriage cannot be target of any discrimination, and the law or official repartitions cannot use discriminatory designations regarding the descendency.
  5. Parents have the right and duty of educating and sustain their children.
  6. Children cannot be separated from their parents, except when the latter cannot fulfill their parental fundamental duties and always through a judicial decision.
  7. Adoption is regulated and protected within the terms defined by the law, which should establish swift ways to initiate the procedure.
Article 37 — Freedom of expression and information
  1. Everyone has the right to freely express and divulge their thoughts through words, images or by any other mean, as well as the right to inform, be self-informed and informed by others, without obstacles or discriminations.
  2. The exercise of these rights cannot be stopped or limited by any type or way of censorship.
  3. The infractions committed during the exercise of these rights are subjected to the general principles of criminal law or social disposition, and their evaluation is of the responsiblity of the judicial court compentence or independent administrative entity, respectively, within the terms defined by the law.
  4. Every person, singular or collective, is ensured the right of reply and correction, in conditions of equality and efficiency, as well as the right to a compensation for the suffered damages.
Article 38 — Freedom of press and media
  1. Freedom of press is guaranteed.
  2. Freedom of press implies:
    1. Freedom of expression and creation of the journalists and colaborators, as well as the intervention of the formed on the editorial orientation of the respective media organs, except when these have a confessional or doctrinary nature;
    2. The right of the journalists, within the terms defined by the law, to access the sources of information and to the protection of their professional independence and secrecy, as well as the right to elect editorial boards;
    3. The right to found newspapers and any other publications, independently of administrative authorization, guarantee or previous habiliations.
  3. The law assures the general divulgation of the titleship and financial means of media organs.
  4. The State assures the freedom and independence of the media organs before the political and economical powers, imposing the specialty principle of the enterprises holding organs of general information, treating and supporting them undiscriminately and impeding their concentration, namely through multiple or crossed participations.
  5. The State assures the existence and functioning of a public radio and television service.
  6. The structure and functioning of the public sector's social communication media must safeguard their independence before the Government, Administration and other public powers, as well as to ensure the possibility of expression and confrontation of the diverse chains of opinion.
  7. The radiodiffusion and radiotelevision broadcasting stations can only work with a license conferred through a public contest, within the terms defined by the law.
Article 39 — Regulation of the media
  1. It is up to an independent administrative entity to ensure to the media:
    1. The right to information and freedom of press;
    2. The non-concentration of media holdership;
    3. The independence before the political and economical powers;
    4. The respect for the personal rights, freedoms and guarantees;
    5. The respect for the regulatory norms of the media activities;
    6. The possibility of expression and confrontation of the diverse chains of opinion;
    7. The exercise of the rights to antenna time, reply and political answer.
  2. The law defined the composition, the competences, the organization and the functioning of the entity referred in the previous number, as well as the statute of its members, designated by the Assembly of the Republic and by co-optation.
Article 40 — Right to antenna time, reply and political answer
  1. Political parties, union organizations, professional organizations and other organizations representing economical activies, as well as social organizations of national context, have the right to antenna time on the public radio and television service, according to their relevance and representatitivity and law-defining objective criteria.
  2. Political parties represented at the Assembly of the Republic, and that are not part of the Government, have the right, as defined by the law, to antenna time on the public radio and television service, according to their representativity, as well as the right of reply or political answer to Government declarations, with a duration and highlight equal to the antenna time and declarations by the Government; the parties represented at the Legislative Assemblies of the autonomous regions enjoy as well of these rights, in the context of the region.
  3. During electoral periods, the contestants have the right to regular and equitative antenna times, on the national an regional radio and television broadcasting stations, as defined by the law.
Article 41 — Freedom of conscience, religion and cult
  1. The freedom of conscience, religion and cult is inviolable.
  2. Nobody can be pursued, deprived of their rights or exempted from civical rights and duties because of their religious convictions and practices.
  3. Nobody can be asked about their religious convictions or practices by any authority, except for the collection of anonymous statistical data, nor be prejudiced for denying an answer.
  4. Churches and other religious communities are separated from the State and are free in their internal organization and exercise of their functions and cult.
  5. Freedom to religious education in the context of the respective confession is guranteed, as well as the use of proper media channels for the exercise of their activities.
  6. The right to conscientious objection is guaranteed, as defined by the law.
Article 42 — Freedom of cultural creation
  1. Intelectual, artistical, and scientifical creation is free.
  2. Such freedom comprises the right to invention, production and divulgation of scientific, literary or artistic works, including the legal protection of author rights.
Article 43 — Freedom of teaching and learning
  1. The freedom of teaching and learning is guaranteed.
  2. The State cannot program education and culture according to any philosophical, aesthetical, political, ideological or religious directrices.
  3. Public teaching shall not be confessional.
  4. The right to create private and cooperative schools is guaranteed.
Article 44 — Right to travel and emmigration
  1. Every citizen is assured with the right to freely travel and establish in any part of the national territory.
  2. Everyone is assured with the right to emmigrate or leave the national territory and the right to return.
Article 45 — Right to reunion and manifestation
  1. Citizens have the right to gather, peacefully and without guns, even on open public spaces, without the need of any authorization.
  2. Every citizen is acknowleged with the right to manifest.
Article 46 — Freedom of association
  1. Citizens have the right to freely and independently constitute associations, provided that these are not meant to promote violence, and that their goals do not go against the penal law.
  2. Associations proceed freely with their goals without interference of public authorities and cannot be dissolved by the State or have their activities suspended, unless in the cases foreseen in the law and only through a judicial decision.
  3. Nobody can be forced to become a member of an association nor be coerced to remain a member, by any mean.
  4. Armed, military, militarized or paramilitary associatons are not admitted, as well as racist or fascist organizations.
Article 47 — Freedom of profession choice and access to public administration
  1. Everyone has the right to freely choose a profession or work, save the legal restrictions imposed by the collective interest or inherent to their capacity.
  2. Every citizen has the right to access the public administration, in conditions of equality and freedom, via a contest.

Chapter II. Rights, freedoms, and guarantees of political participation[edit]

Article 48 — Participation in public life
  1. Every citizen has the right to take part in the political life and in the direction of the country's public affairs, by direct means or through freely elected representants.
  2. Every citizen has the right to be objectively enlightened about the actions of the State and of other public entities, and to be informed by the Government and other authorities about the management of the public affairs.
Article 49 — Right of suffrage
  1. Every citizen having more than eighteen years old has the right of suffrage, safeguarded the incapacities foreseen in the general law.
  2. The exercise of the right of suffrage is personal and constitutes a civic duty.
Article 50 — Right of access to public offices
  1. Every citizen has the right of access to public offices, in conditions of equality and freedom.
  2. Nobody can have their position, job, professional career or rightful social benefits prejudiced in virtue of the exercise of their political rights or performance in public offices.
  3. In the access to elective offices, the law can only establish the necessary inelegibilities to assure the electors' freedom of choice and the isention and independence of their exercise while office holders.
Article 51 — Political associations and parties
  1. The freedom of association comprises the right to constitute or participate in political associations and parties, and, through them, to democratically contest for the formation of the popular will and organization of the political power.
  2. Nobody can be registered simultaneously in more than one political party, nor be deprived of the exercise of any right for being or not being anymore registed in any legally constituted party.
  3. Political parties cannot use a denomination that contains expressions directly linked with any religions or churches, as well as emblems that might be mistaken with national or religious symbol, without prejudice of the party program's philosophical and ideological inspiration.
  4. Parties that, through their designation or program goals, show a regional nature and context, cannot be constituted.
  5. Political parties must govern themselves by the principles of democratic transparency, organization and management and participation of all their members.
  6. The law establishes the funding rules of political parties, namely regarding the requisites and limits of public funding, as well as the publicity demands of their patrimony and bills.
Article 52 — Right of petition and right of popular action
  1. Every citizen has the right to present, individually or collectively, to the sovereignty organs, to the autonomous regions' government organs or to any authorities petitions, representations, claims or complaints in defence of their rights, of the Constitution, of the laws or of the general interest and the right to be informed within a reasonable period about the result of the respective evaluation.
  2. The law states the conditions under which petitions, collectively presented to the Assembly of the Republic and to the Legislative Assemblies of the autonomous regions, are evaluated at a plenary hearing.
  3. Everyone is entitled, either personally or through associations defending such interests, to the right of popular action in the cases and terms foreseen in the law, including the right to request compensation to the damaged individual or individuals, namely to:
    1. Promote prevention, ceasing or judicial pursuit of infractions against the public health, consumers' rights, quality of life and preservation of the environment and cultural heritage;
    2. Ensure the defence of the State's, autonomous regions' and local municipalities' goods.

Chapter III. Rights, freedoms and guarantees of the workers[edit]

Article 53 — Safety at the work

Safety at the work is guaranteed to the workers, and uncalled firing or discharge by political or ideological reasons is forbidden.

Article 54 — Worker commissions
  1. Workers have the right to create worker commissions for the defence of their interests and democratic intervention in their company's life.
  2. Workers deliberate the constitution, approve the statutes and elect, through direct and secret vote, the commission members.
  3. Coordinating commissions can be created for better intervention in the economical restructuring and to guarantee the workers' interests.
  4. The commission members enjoy the legal protection recognized to syndical delegates.
  5. The rights of the worker commissions include:
    1. Receiving all necessary informations for the exercise of their activity;
    2. Exerting management control in the companies;
    3. Participating in the company's restructuring processes, especially in instruction courses or whenever occurs a change in the work conditions;
    4. Participating in the elaboration of work legislation and the social and economical plans that contemplate the sector;
    5. Managing or participating in the management of the company's social works;
    6. Promoting the election of worker representants to the social organs of companies belonging to the State or other public entities, within the terms defined by the law.
Article 55 — Syndical freedom
  1. Syndical freedom is recognized for all workers, as a necessary condition and guarantee for the construction of a structure capable of defending their rights and interests.
  2. During the exercise of syndical freedom, workers are undiscriminately guaranteed with:
    1. The freedom of constituting syndical associations at all levels;
    2. The freedom of registration, with any worker being forced to pay quotas for a syndicate where he is not registered;
    3. The freedom of organization and internal regulation of syndical associations;
    4. The right to exert syndical activity inside the company;
    5. The right of tendency, in the ways determined by the respective syndicate statutes.
  3. Syndical associations must govern themselves by the principles of democratic organization and management, based on the periodical election and through secret scrutiny of the directing organs, without subjection to any authorization or homologation, and layed upon the active participation of the workers in every aspect of the syndical activity.
  4. Syndical associations are independent of the patronage, State, religious confessions, parties and other political associations; the law must establish the adequate guarantees of such independence as the basis of the working classes' unity.
  5. Syndical associations have the right to establish relationships or filiate in international syndical organizations.
  6. The elected worker representats enjoy the right to information and consultation, as well as the adequate legal protection against any form of conditioning, constraint or limitation of the legitimate exercise of their functions.
Article 56 — Rights of the syndical associations and collective contracts
  1. It is up to the syndical associations to defend and promote the defence of the rights and interests of the workers that they represent.
  2. The rights of the syndical associations include:
    1. Participating in the elaboration of work legislation;
    2. Participating in the management of the social security institutions and other organizations that aim to satisfy the workers' interests;
    3. Pronouncing about the social and economical plans and accompany their execution;
    4. Being represented in the social concertation organs, within the terms defined by the law;
    5. Participating in the company's restructuring processes, especially in instruction courses or whenever occurs a change in work conditions.
  3. It is up to the syndical associations to exert the right of collective contract, which is guaranteed within the terms defined by the law.
  4. The law establishes the rules regarding the legitimacy of the celebration of work collective conventions, as well as the efficacy of the respective norms.
Article 57 — Right to strike and lock-out prohibition
  1. The right to go on strike is guaranteed.
  2. It is up to the workers to define the range of interests to defend through strike; the law cannot limit such range.
  3. The law defines the conditions for the providal of services necessary to the safety and maintenance of equipments and instalations, during strike, as well as the minimum services essential to satisfy the biggest social needs.
  4. Lockout is forbidden.

Title III. Economical, social and cultural rights and duties[edit]

Chapter I. Economical rights and duties[edit]

Article 58 — Right to work
  1. Everyone has the right to work.
  2. To ensure the right to work, the State must promote:
    1. The execution of job-creating politics;
    2. The equality of opportunities in the choice of profession or job type and conditions so that the access to any office, work or professional categories is not denied or restricted, in virtue of the gender;
    3. The cultural and technical instruction and professional valorization of the workers.
Article 59 — Workers rights
  1. Every worker, with no distinction of age, gender, race, citizenship, territory of origin, religion, political or ideological convictions, has the right:
    1. To the retribution of their work, according to the quantity, nature and quality, observing the principle of "same work, same wage", so that a worthy existence is assured;
    2. To the organization of the work under socially dignifying conditions, in order to provide personal achievement and allow the conciliation of the professional activity with family life;
    3. To perform their work under good conditions of higiene, safety and health;
    4. To rest and leisure for a maximum limit of the work day, to weekly rest and periodical paid vacations;
    5. To the material assistance, when they find themselves unemployed;
    6. To assistance and fair compensation, when they are victims of work accidents or professional-related disease.
  2. It is up to the State to ensure the conditions of work, retribution and rest that each worker deserves, namely:
    1. The establishment and update of the national minimum wage, taking into account among other factors the workers' needs, the increase of the life cost, the development level of the productive forces, the demands of financial and economical stability and the accumulation for the development;
    2. The affixation of the work duration limits, at national level;
    3. The special protection of women's work during pregnancy and after giving birth, as well as child work, handicapped work, or work from those who perform violent activities or in unhealthy, toxic or dangerous conditions;
    4. The systematic development of a network of resting and vacation centres, in cooperation with social organizations;
    5. The protection of the work conditions and the guarantee of the social benefits for emmigrant workers;
    6. The protection of the work conditions for studying workers.
  3. The wages enjoy special guarantees, within the terms defined by the law.
Article 60 — Consumers rights
  1. Consumers have the right to quality of the consumed goods and services, to instruction and information, to health protection, to safety and their economical interests, as well as to the compensation for any damages.
  2. Publicity is disciplined by the law, being forbidden every form of occult, indirect or painful publicity.
  3. Consumer associations and cooperatives have the right, within the terms defined by the law, to State support and to be heard about the questions that concern the consumers' defence; being also recognized their processual legitimacy to defend their associates or collective or vague interests.
Article 61 — Private, cooperative and self-managing initiative
  1. Private economic initiative exerts itself freely in the tables defined by the Constitution and the law, taking into account the general interest.
  2. Everyone is recognized with the right to freely constitute cooperatives, provided that the cooperative principles are safeguarded.
  3. Cooperatives develop freely their activities in a legal frame and can group into unions, federations or confederations or into any other legally foreseen organization forms.
  4. The law establishes the organizative specificities of the cooperatives with public participation.
  5. The right to self-management is recognized, within the terms defined by the law.
Article 62 — Right to private property
  1. Everyone is assured with the right to private property and to its transmission in life or due to death, in the terms of the Constitution.
  2. The requisition and expropriation by a public authority can only be executed according to the law and through payment of a fair compensation.