Constituent Assembly of Portugal

“ SECTION V The Courts CHAPTER I General principles Article 205 Jurisdiction 1. The courts are the organs with supreme authority that have the power to administer justice in the name of the people.
2. In administering justice, the courts are under a duty to safeguard the rights and interests of citizens that are legally protected, to punish breaches of democratic legality and to resolve public and private disputes.
3. In performing their functions, the courts are entitled to the assistance of other authorities. ”

“ The only subjects for a referendum shall be those matters of national interest in respect of which the power of decision rests with the Assembly of the Republic or the Government through the approval of an international convention or the enactment of legislation. ”

“ When performing their functions, officials in the Public Service and other personnel of the State and other public bodies shall serve exclusively the public interest, as that is defined, under the law, by the competent organs of the Public Service. ”

“ Persons who are subjected, on conviction, to a sentence or a security measure involving the deprivation of liberty remain entitled to their fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement. ”

“ Public associations may be formed only to deal with specific needs; they may not perform functions that properly belong to trade unions; and their internal organization shall be structured on the basis of respect for the rights of their members and on the democratic character of their organs.
4. Administrative procedure shall be the subject of a special law which shall ensure the rationalization of the systems in use of the services and the participation by citizens in the decision-making process or in the consideration of matters that affect them. ”

“ The primary objectives of a policy for youth shall be the development in young people of their personality, the creation of the conditions that enable them to lead a full and active life, and a delight for originality and a sense of service to the community.
3. In conjunction with families, schools, businesses, organizations of residents, cultural associations and foundations and cultural and recreational groups, the State shall promote and assist youth organizations in the pursuit of those objectives, and international exchanges of young people. ”

“ A declaration of a state of emergency or a state of siege shall in no case affect the rights to life, personal integrity and identity, civil capacity, and citizenship, of the person, the non-retroactivity of criminal law, the defense rights of accused persons and the freedom of conscience and religion. ”

“ Regional autonomy shall work for democratic participation by the citizens of the regions, their economic and social development, the promotion and protection of regional interests and the strengthening of national unity and of the bonds of solidarity among all Portuguese. ”

“ All citizens have the right to submit, individually or jointly with others, petitions, representations, claims or complaints to the organs with supreme authority or any authority, for the purpose of defending their rights, this Constitution, the law or the general interest. ”

“ In international relations, Portugal shall be governed by the principles of national independence, respect for human rights, the right of peoples to self-determination and independence, equality between States, the peaceful settlement of international disputes, non-interference in the internal affairs of other states and cooperation with all other peoples for the emancipation and progress of mankind. ”

“ No one shall be discriminated against in his or her placement in a specific post, employment, or professional career or in the social benefits to which he or she has a right, by reason of the exercise of political rights or the holding of public office. ”

“ The objectives of national defense are to guarantee national independence, the integrity of the national territory and the freedom and security of the people against external aggression or threats, while respecting constitutional order, the democratic institutions and international conventions. ”

“ The State shall implement a national policy for the prevention of disability, and for the treatment, rehabilitation and integration of disabled persons, shall educate the community to be aware of its duties of respect for them and solidarity with them, and shall ensure that they enjoy their rights to the full extent subject to the rights and duties of their parents or guardians. ”

“ Article 76 University and access to higher level education 1. The rules governing access to universities and other institutions of higher education shall guarantee equal opportunities for all and the democratization of the system of education; they shall take into account the need for qualified graduates and the enhancement of the educational, cultural and scientific standards of the country.
2. Universities shall be autonomous in the making of their regulations and shall enjoy scientific, educational, administrative and financial autonomy, in accordance with the law. ”

“ The social security system shall provide protection for citizens in sickness or old age or when disabled, widowed, orphaned or unemployed, and in all other situations in which the means of subsistence or the capacity to work have been lost or impaired.
5. All periods in work, no matter in which sectors of activity that work was performed, shall be taken into account in calculating the amount of old age and disability pensions, as determined by the law. ”

“ Land that is compulsorily acquired shall be handed over, in accordance with the law, either for ownership or holding by small farmers, preferably family farming units or by co-operatives of rural workers or small farmers, or for other forms of land utilization by workers; these provisions do not prevent the provision of a period of probation, prior to the transfer of full property rights, for the purpose of assessing whether land is being effectively and rationally utilized. ”

“ Article 21 Right to resist Everyone has the right to refuse to comply with an order that infringes his or her rights, freedoms or guarantees and to resist by force any form of aggression when recourse to a public authority is impossible. ”

“ Draw up and implement a policy for housing as a part of general national planning and to support plans for urban areas that guarantee an adequate network of transport and social facilities;
b. Encourage and support the initiatives of local communities for the resolution of their housing problems and for promoting the establishment of housing co-operatives and their own building projects;
c. Promote private building, when in the public interest, and the individual ownership of housing. ”

“ Citizens who are physically or mentally disabled shall enjoy all the rights and be subject to all the duties contained in this Constitution, except to the extent that their disability renders them unfit to exercise or perform them. ”

“ Political parties represented in the Assembly of the Republic, but not in the Government, have the right to broadcasting time on publicly owned radio and television, in proportion to their representation, and have the right to reply and to political argument with respect to the political statements of the Government, as provided by law. ”

“ Associations may pursue their objectives freely and without interference form any public authority, and they may not be dissolved by the State, nor their activities suspended, unless by judicial decision in the circumstances prescribed by law. ”

“ To legislate, when the power is delegated to them by the Assembly of the Republic, in compliance with this Constitution, on such matters of specific interest to the regions are not within the exclusive powers of the organs with supreme authority ”

“ The President of the Republic may request the Constitutional Court to undertake an anticipatory review of the constitutionality of any provision of an international treaty that has been submitted to the President for ratification, or of an instrument sent to the President for promulgation as a law or a decree-law, or of an international agreement where the decree giving approval has been presented for the signature of the President. ”

“ If the President of the Republic is temporarily unable to perform the duties or if there is a vacancy in the office before the installation of a newly elected President, the presidential functions shall be performed by the President of the Assembly of the Republic, or, if that person is unable to act, by his or her deputy. ”

“ Children, and in particular those orphaned or abandoned, are entitled to the special protection of the community and the State against any form of discrimination or oppression and against abuse of authority in the family or other institutions. ”

“ The mass media in the public sector shall be so structured and operated as to be independent of the Government, the Public Service and other public bodies, and to guarantee opportunities for the expression of, and challenge to, different lines of opinion. ”

“ International treaties that are unconstitutional, in substance or form, but have been duly ratified may nonetheless be applied as part of Portuguese law, provided that the provisions are applied as part of the law of the other treaty party, unless the unconstitutionality arises from the contravention of a fundamental principle. ”

“ Trade unions shall be governed in accordance with the principles of democratic organization and management, based on regular elections to their governing bodies by secret ballot, and they shall not be dependent on any prior authorization or recognition, as they are founded upon the full participation by the workers in all aspects of trade union activity. ”

“ No one shall be deprived of his or her liberty, in whole or in part, unless as the consequence of a sentence of imprisonment imposed by a court convicting him or her of an offense punishable by law, or as the consequence of a security measure judicially ordered. ”

“ Trade unions shall be independent of employers, the State and religious denominations and political parties and other political associations. Adequate guarantees for that independence shall be laid down by law as the foundation for the solidarity of the working classes. ”

“ To promote improvement in the economic, social and cultural circumstances of rural workers and farmers, rationalization of the structures of land-owning, and access to the ownership or holding of land, and other means of production directly concerned with its utilization, by those who work on it;
c. To provide the conditions that will bring about true equality between those who work in agriculture and other workers and will prevent disadvantages to the agricultural sector in transactions with other sectors ”