Constituent Assembly of Portugal

“ Everyone has the right to the protection of health and the duty to defend and promote health. 2. The right to health protection shall be realized by the creation of a national universal, general and free health service, by the creation of economic, social and cultural conditions that guarantee the protection of childhood, youth and old age, and by the systematic improvement of living and working conditions, as well as by the promotion of physical and sporting, school and popular culture, and also by the development of health education for the people. ”

“ Whenever the courts refuse to apply a rule contained in a law, decree-law, regulatory decree, regional decree-law or similar, on the grounds of unconstitutionality, and once all the ordinary appeals that may be applicable have been exhausted, there shall be a free appeal, which shall be mandatory as regards the Public Prosecutor's Office and restricted to the unconstitutionality issue, to the Constitutional Commission for a definitive ruling on the specific case. ”

“ Freedom of the press implies freedom of expression and creation on the part of journalists and literary collaborators, as well as the intervention of the former in the ideological orientation of information bodies not belonging to the state or political parties, without any other sector or group of workers being able to censor or impede their free creativity. 3. Freedom of the press implies the right to found newspapers and any other publications, independently of administrative authorization, bail or prior qualifications. ”

“ The Council of the Revolution may declare, with generally binding force, the unconstitutionality of a rule if the Constitutional Commission has judged it unconstitutional in three specific cases or in just one case if it is organically or formally unconstitutional, without offending the cases judged. ”

“ The functions of the Council of the Revolution shall be to act as the Council of the President of the Republic and to guarantee the regular functioning of democratic institutions, to guarantee compliance with the Constitution and fidelity to the spirit of the Portuguese Revolution of 25 April 1974, and as a political and legislative body in military matters. ”

“ The basis for the development of social property, which shall tend to predominate, shall be assets and units of production with useful ownership and management by worker collectives, community assets with useful ownership and management by local communities, and the cooperative sector. 2. The conditions for the development of social property are nationalization, democratic planning, management control, and the democratic power of the workers. 3. Production units managed by the State and other public legal persons shall evolve, as far as possible, into self-managed forms. ”

“ The Government is the body that conducts the general policy of the country and the highest body of the public administration. 2. The Government shall define and implement its policy with respect for the Constitution, in order to meet the objectives of democracy and the construction of socialism. ”

“ All citizens have the same social dignity and are equal before the law. 2. No one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, or social condition. ARTICLE 14. (Portuguese citizens abroad) Portuguese citizens who are or reside abroad shall enjoy the protection of the State for the exercise of the rights and shall be subject to the duties that are not incompatible with the absence of the country. ”

“ Everyone shall be guaranteed access to the courts to defend their rights, and justice shall not be denied to anyone on the grounds of insufficient financial means. 2. Everyone shall have the right to resist any order that offends his rights, liberties and guarantees, and to repel any aggression by force when recourse to public authority is not possible. ”

“ The organization of the social security system shall not prejudice the existence of private non-profit institutions of social solidarity, which shall be permitted, regulated by law and subject to the supervision of the state. 4. The social security system shall protect citizens in illness, old age, invalidity, widowhood and orphanhood, as well as in unemployment and all other situations of lack or diminution of means of subsistence or capacity for work. ”

“ The economic and social organization of the Portuguese Republic shall be based on the development of socialist relations of production, through the collective appropriation of the main means of production and land, as well as of natural resources, and the exercise of democratic power by the working classes. ”

“ The autonomy of the regions is aimed at the democratic participation of citizens, economic and social development, the promotion and defense of regional interests, and the strengthening of national unity and the ties of solidarity among all Portuguese people. 3. Regional political and administrative autonomy shall not affect the integrity of state sovereignty and shall be exercised within the framework of the Constitution. ”

“ Periodical and non-periodical publications may be owned by any non-profit legal person and by journalistic and publishing companies under corporate form or by individuals of Portuguese nationality. 5. No administrative or fiscal regime, nor credit or foreign trade policy, may directly or indirectly affect freedom of the press, and the law shall ensure the means necessary to safeguard the independence of the press from political and economic powers. 6. Television may not be the object of private ownership. ”

“ All citizens shall have the right to be objectively informed about the acts of the State and other public entities and to be informed by the Government and other authorities about the management of public affairs. 4. All citizens have the right of access, in conditions of equality and freedom, to public functions. ARTICLE 49. (Right to petition and popular action) 1. All citizens may individually or collectively submit petitions, representations, claims or complaints to sovereign bodies or any authorities to defend their rights, the Constitution, the laws or the general interest. ”

“ Trade union associations shall be independent from employers, from the state, from religious denominations, from political parties and other political associations, and the law shall establish appropriate guarantees of such independence, the foundation of the unity of the working classes. 5. With the aim of ensuring unity and dialogue between the various trade union movements that may exist, workers shall be guaranteed the exercise of the right of tendency within trade unions in the cases and according to the forms in which this right is established by statute. ”

“ Without prejudice to the right of ownership, agrarian reform will strive to achieve an adequate resizing of holdings in minifundia regions, preferably through cooperative integration of the various units or, whenever necessary, through land consolidation or leasing, through the mediation of the agrarian reform coordinating body. ”

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

“ Children, particularly orphans and abandoned children, have the right to special protection by society and the state from all forms of discrimination and oppression and from the abuse of authority in the family and other institutions. ”

“ Suffrage shall be universal, equal and secret, and shall be granted to all citizens over the age of 18, with the exception of those incapacitated by general law, and its exercise shall be personal and shall constitute a civic duty. ”

“ Citizens shall have the right to freely form associations, without depending on any authorization, as long as these are not intended to promote violence and their objectives are not contrary to criminal law. ”

“ The municipal council is the municipal advisory body, and its composition shall be defined by law in such a way as to guarantee adequate representation for the economic, social, cultural and professional organizations existing in the respective area. ”

“ Taxes shall be created by law, which shall determine their incidence, rate, tax benefits and guarantees for taxpayers. 3. No-one may be compelled to pay taxes that have not been created under the terms of the Constitution and which are not assessed and collected in the manner prescribed by law. ”

“ The meetings of the assemblies which function as sovereign bodies, autonomous regions or local authorities shall be public, except in cases prescribed by law. 2. Unless the Constitution or the law requires a qualified majority, the decisions of collegiate bodies shall be taken by plurality of votes, with the majority of the legal number of their members present. ARTICLE 120. (Liability of holders of political offices) 1. Political office holders shall be politically, civilly and criminally accountable for the acts and omissions they perform in the exercise of their functions. ”