Costituzione 02 aprile 1976

Costituzione, 2 aprile 1979 e successivi emendamenti.

Fundamental Principles

Article 1 Portuguese Republic

Portugal is a sovereign Republic, based on the dignity of the human person and the will of the people, and committed to building a free and fair society that unites in solidarity.

Article 2 Democratic State, Rule of Law

The Portuguese Republic is a democratic State based on the rule of law, the sovereignty of the people, plurality of both democratic expression and democratic political organization as well as respect for and the safeguarding of fundamental rights and freedoms; its aim is to achieve economic, social, and cultural democracy and to push participatory democracy further.

(Omissis)

Article 7 International Relations

(1) In its international relations, Portugal is governed by the principles of national independence, respect for human rights, the right of peoples to self-determination and independence, equality among States, the peaceful settlement of international disputes, non-interference in the internal affairs of other States, and co-operation with all other peoples for the emancipation and progress of mankind.
(2) Portugal advocates the abolition of all forms of imperialism, colonialism, and aggression, simultaneous and controlled general disarmament, the dissolution of politico-military blocs, and the setting up of a collective security system, with a view to the creation of an international order capable of safeguarding peace and justice in the relations among peoples.
(3) Portugal recognizes the right of peoples to revolt against all forms of oppression, in particular colonialism and imperialism.
(4) Portugal maintains special bonds of friendship and co-operation with the Portuguese speaking countries.
(5) Portugal commits herself to the reinforcement of the European identity and to the strengthening up of the European States’ action towards peace, economic progress, and justice in the relations among peoples.

(Omissis)

Part I Fundamental rights and duties

Section I General principles

Article 12 Principle of Universality

(1) All citizens enjoy the rights and are subject to the duties laid down in the Constitution.
(2) Bodies corporate enjoy such rights and are subject to such duties as are 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 is privileged, favored, injured, deprived of any right, or exempt from any duty because of his ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, or social condition.

(Omissis)

Article 16 Fundamental Rights: Scope and Sense

(1) The fundamental rights embodied in the Constitution do not exclude any other fundamental rights, either in the statute or resulting from applicable rules of international law.
(2) The provisions of the Constitution and laws relating to fundamental rights are to be read and interpreted in harmony with the Universal Declaration of Human Rights.

(Omissis)

Section II Rights, Freedoms, and Safeguards

Chapter I Personal Rights, Freedoms, and Safeguards

Article 24 Right to Life

(1) Human life is inviolable.
(2) The death penalty is applicable in no case.

Article 25 Right to Personal Integrity

(1) The moral and physical integrity of the persons is inviolable.
(2) No one may be subjected to torture or to cruel, degrading, or inhuman treatment or punishment.

Article 26 Other Personal Rights

(1) Everyone’s right to his or her personal identity, civil capacity, citizenship, good name and reputation, image, the right to speak out, and the right to the protection of the intimacy of his or her private and family life is recognized.
(2) The law establishes effective safeguards against the abusive use, or any use that is contrary to human dignity, of information concerning persons and families.
(3) A person may be deprived of citizenship or subjected to restrictions on his or her civil capacity only in cases and under conditions laid down by law, and never on political grounds.

(Omissis)

Article 33 Extradition, Deportation, Right to Asylum

(1) Portuguese citizens may not be extradited or deported from the national territory.
(2) No one may be extradited for political reasons.
(3) No one may be extradited for crimes which carry the death penalty under the law of the requesting State.
(4) Extradition is decided only by a judicial authority.
(5) Deportation of persons who have entered or are staying regularly on the national territory, who have obtained a residence permit, or who have lodged a non-refused asylum application, is decided only by a judicial authority; the law provides for expeditious forms of decisionmaking.
(6) The right of asylum is secured to aliens and stateless persons who are persecuted or seriously threatened of persecution as a result of their activities on behalf of
democracy, social and national liberation, peace among the peoples, or individual freedom and human rights.
(7) The status of political refugees are defined by law.

(Omissis)

Article 36 Family, Marriage, and Filiation

(1) Everyone has the right to found a family and marry on terms of complete equality.
(2) The requirements for and effects of marriage and its dissolution by death or divorce are regulated by law without distinction as to the form in which the marriage is or was contracted.
(3) Spouses have equal rights and duties with respect to their civil and political capacity as well as the maintenance and upbringing of their children.
(4) Children born out of wedlock may not for that reason be the subject of discrimination; discriminatory designations of filiation may not be used by the law or by Government departments.
(5) Parents have the right and the duty to bring up and maintain their children.
(6) Children are not to be separated from their parents unless the latter fail to perform their fundamental duties towards the former, and then only by judicial decision.
(7) Adoption is regulated and protected in accordance with the law.

(Omissis)

Article 41 Freedom of Conscience, Religion, and Worship

(1) Freedom of conscience, religion, and worship are inviolable.
(2) No one may be persecuted, deprived of rights, or exempted from civil obligations or duties because of his convictions or religious practices.
(3) No one may be questioned by any authority about his or her convictions or religious practices, except for gathering of statistical data that cannot be identified individually, nor shall anyone be prejudiced by his or her refusal to reply.
(4) The churches and religious communities are separate from the State and free to organize and exercise their own ceremonies and worship.
(5) The freedom to teach any religion within its own denomination and the use of its own means of public information for the pursuit of its activities, are safeguarded.
(6) The right to be a conscientious objector is safeguarded in accordance with the law.

(Omissis)

Article 43 Freedom to Learn and Teach

(1) The freedom to learn and teach is safeguarded.
(2) The State may not arrogate to itself the right to plan education and culture in accordance with any philosophical, aesthetic, political, ideological, or religious guidelines.
(3) Public education is non-denominational.
(4) The right to establish private and co-operative schools is safeguarded.

(Omissis)

Article 46 Freedom of Association

(1) Citizens have the right to form associations freely and without requiring any authorization provided such associations are not intended to promote violence and their objectives are not contrary to the criminal law.
(2) Associations may pursue their objectives freely without interference by any public authority. They cannot be dissolved by the State and their activities may not be suspended except by judicial decision in the cases provided by law.
(3) No one is obliged to join any association or forced by any means to remain in it.
(4) Armed, military-type, militarized, or para-military associations outside the State and the Armed Forces and organizations which adopt fascist ideology are not permitted.

(Omissis)