Constitution of the Portuguese Republic

INDEX

• Preamble
   
• Fundamental Principles (articles 1 to 11)

Article 1 (Portuguese Republic)
Article 2 (Democratic State based on the rule of law)
Article 3 (Sovereignty and legality)
Article 4 (Portuguese citizenship)
Article 5 (Territory)
Article 6 (Unitary State)
Article 7 (International relations)
Article 8 (International law)
Article 9 (Basic responsabilities of the State)
Article 10 (Universal suffrage and political parties)
Article 11 (National symbols)

• Part I  - Fundamental rights and duties
   
  • Section I - General principles (articles 12 to 23)
     
    Article 12 (Principle of universality)
    Article 13 (Principle of equality)
    Article 14 (Portuguese citizens abroad)
    Article 15 (Aliens, stateless persons, european citizens)
    Article 16 (Fundamental rights: scope and interpretation)
    Article 17 (System of rights, freedoms and guarantees)
    Article 18 (Legal application)
    Article 19 (Suspension of the exercise of rights)
    Article 20 (Access to law and effective judicial protection)
    Article 21 (Right to resist)
    Article 22 (Liability of public bodies)
    Article 23 (Ombudsman)
     
  • Section II - Rights, freedoms and guarantees
     
    • Chapter I - Personal rights, freedoms and guarantees (articles 24 to 47)
       
      Article 24 (Right to life)
      Article 25 (Right to personal integrity)
      Article 26 (Other personal rights)
      Article 27 (Right to liberty and security)
      Article 28 (Remand in custody)
      Article 29 (Application of the criminal law)
      Article 30 (Limits on sentences and security measures)
      Article 31 (Habeas Corpus)
      Article 32 (Guarantees in criminal proceedings)
      Article 33 (Deportation, extradition and right to asylum)
      Article 34 (Inviolability of home and correspondence)
      Article 35 (Use of computerised data)
      Article 36 (Family, marriage and filiation)
      Article 37 (Freedom of expression and information)
      Article 38 (Freedom of the press and mass media)
      Article 39 (High Authority for the Mass Media)
      Article 40 (Right to broadcasting time, to reply and to political argument)
      Article 41 (Freedom of conscience, religion and worship)
      Article 42 (Freedom of cultural originality)
      Article 43 (Freedom to learn and teach)
      Article 44 (Right to travel and emigrate)
      Article 45 (Right to assemble and demonstrate)
      Article 46 (Freedom of association)
      Article 47 (Freedom to choose an occupation and enter the civil service)
        
    • Chapter II - Rights, freedoms and guarantees of political participation (articles 48 to 52)
      
      Article 48 (Participation in public life)
      Article 49 (Right to vote)
      Article 50 (Right to hold public office)
      Article 51 (Political associations and parties)
      Article 52 (Right to petition and right of actio popularis)
       
    • Chapter III - Rights, freedoms and guarantees of workers  (articles 53 to 57)
       
      Article 53 (Security of employment)
      Article 54 (Workers' committees)
      Article 55 (Trade union freedoms)
      Article 56 (Rights of trade unions and collective agreements)
      Article 57 (Right to strike and prohibition of lock-outs)
       
  • Section III - Economic, social and cultural rights and duties
     
    • Chapter I - Economic rights and duties (articles 58 to 62)
       
      Article 58 (Right to work)
      Article 59 (Rights of workers)
      Article 60 (Consumer rights)
      Article 61 (Private enterprise, co-operatives and worker-management)
      Article 62 (Right to private property)
       
    • Chapter II - Social rights and duties (articles 63 to 72)
       
      Article 63 (Social security and solidarity)
      Article 64 (Health)
      Article 65 (Housing and urban planning)
      Article 66 (Environment and quality of life)
      Article 67 (Family)
      Article 68 (Fatherhood and motherhood )
      Article 69 (Childhood)
      Article 70 (Youth)
      Article 71 (Citizens with disabilities)
      Article 72 (Old Age)
       
    • Chapter III - Cultural rights and duties (articles 73 to 79)
       
      Article 73 (Education, culture and science)
      Article 74 (Education)
      Article 75 (Public, private and co-operative education)
      Article 76 (University and access to higher level education)
      Article 77 (Democratic participation in education)
      Article 78 (Cultural enjoyment and creativity)
      Article 79 (Physical education and sport)
       
• Part II - Economic Organisation
   
  • Section I - General principles (articles 80 to 89)
     
    Article 80 (Fundamental principles)
    Article 81 (Primary duties of the State)
    Article 82 (Sectors of ownership of the means of production)
    Article 83 (Requirements for public ownership)
    Article 84 (Public domain)
    Article 85 (Co-operatives and enterprises with worker-management)
    Article 86 (Private businesses)
    Article 87 (Economic activity and foreign investment)
    Article 88 (Abandoned means of production)
    Article 89 (Worker participation in management)
     
  • Section II - Planning (articles 90 to 92)
     
    Article 90 (Planning objectives)
    Article 91 (Preparation and implementation of the plans)
    Article 92 (The Economic and Social Council)
     
  • Section III - Agricultural, commercial and industrial policies (articles 93 to 100)
     
    Article 93 (Objectives of the agricultural policy)
    Article 94 (Abolition of very large estates)
    Article 95 (Alteration of the size of very small farms)
    Article 96 (Forms for utilising land belonging to third parties)
    Article 97 (State aid)
    Article 98 (Participation in drawing the policy for agriculture)
    Article 99 (Objectives of the policy for commerce)
    Article 100 (Objectives for the policy for industry)
     
  • Section IV - Financial and fiscal System (articles 101 to 107)
     
    Article 101 (Financial system)
    Article 102 (Bank of Portugal)
    Article 103 (Fiscal system)
    Article 104 (Taxes)
    Article 105 (Budget)
    Article 106 (Preparation of the budget)
    Article 107 (Monitoring)
     
• Part III - Organisation of political power
   
  • Section I - General principles (articles 108 to 119)
     
    Article 108 (Source and exercise of power)
    Article 109 (Participation by citizens in political life)
    Article 110 (Organs with supreme authority)
    Article 111 (Separation and interdependence)
    Article 112 (Legislation)
    Article 113 (General principles of electoral law)
    Article 114 (Political parties and the right of opposition)
    Article 115 (Referendum)
    Article 116 (Collegiate organs)
    Article 117 (Status of holders of political office)
    Article 118 (Principle of renewal)
    Article 119 (Publication of legislation and decisions)
     
  • Section II - The President of the Republic
     
    • Chapter I - Status and election (articles 120 to 132)
       
      Article 120 (Definition)
      Article 121 (Election)
      Article 122 (Elegibility of election)
      Article 123 (Re-election)
      Article 124 (Nominations)
      Article 125 (Date of election)
      Article 126 (Electoral system)
      Article 127 (Installation and swearing in)
      Article 128 (Term of office)
      Article 129 (Absence from the national territory)
      Article 130 (Criminal liability)
      Article 131 (Resignation)
      Article 132 (Acting President)
       
    • Chapter II - Powers (articles 133 to 140)
       
      Article 133 (Powers with regard of other organs)
      Article 134 (Personal powers)
      Article 135 (Power in international relations)
      Article 136 (Promulgation and veto)
      Article 137 (Failure to promulgate or sign)
      Article 138 (Declaration of a state of siege or emergency)
      Article 139 (Powers of an interim President of the Republic)
      Article 140 (Ministerial counter-signature)
        
    • Chapter III - Council of State (articles 141 to 146)
        
      Article 141 (Definition)
      Article 142 (Composition)
      Article 143 (Installation and term of office)
      Article 144 (Organisation and operation)
      Article 145 (Powers)
      Article 146 (Statement of opinion)
       
  • Section III - Assembly of the Republic
     
    • Chapter I - Status and election (articles 147 to 160)
       
      Article 147 (Definition)
      Article 148 (Number of Deputies)
      Article 149 (Constituencies)
      Article 150 (Qualifications)
      Article 151 (Nominations)
      Article 152 (Political representation)
      Article 153 (Beginning and end of term of office)
      Article 154 (Desqualifications and impediments)
      Article 155 (Performance and functions by Deputies)
      Article 156 (Powers of Deputies)
      Article 157 (Immunities)
      Article 158 (Rights and privileges)
      Article 159 (Duties)
      Article 160 (Cessation and resignation of office)
       
    • Chapter II - Powers (articles 161 to 170)
       
      Article 161 (Political and legislative powers)
      Article 162 (Supervisory powers)
      Article 163 (Powers in relation to other organs)
      Article 164 (Exclusive legislative powers)
      Article 165 (Partially exclusive legislative powers)
      Article 166 (Form of actions)
      Article 167 (Legislative initiative and referendum)
      Article 168 (Debates and voting)
      Article 169 (Parliamentary appraisal of legislative acts)
      Article 170 (Urgency procedures)
       
    • Chapter III - Organisation and operation (articles 171 to 181)
       
      Article 171 (Legislative term)
      Article 172 (Dissolution)
      Article 173 (Meeting after an election)
      Article 174 (Legislative sessions, period of sittings, and convening)
      Article 175 (Internal powers of the Assembly)
      Article 176 (Order of business of plenary sittings)
      Article 177 (Attendance by members of the Government at plenary sittings)
      Article 178 (Committees)
      Article 179 (Standing Committee)
      Article 180 (Parliamentary groups)
      Article 181 (Officials and experts serving the Assembly)
       
  • Section IV - The Government
     
    • Chapter I - Function and structure (articles 182 to 186)
       
      Article 182 (Definition)
      Article 183 (Composition)
      Article 184 (The Council of Ministers)
      Article 185 (Temporary replacement of members of the Government)
      Article 186 (Commencement and cessation of functions)
       
    • Chapter II - Formation and responsability (articles 187 to 196)
       
      Article 187 (Formation)
      Article 188 (Programme)
      Article 189 (Collective responsability)
      Article 190 (Responsability of the Government)
      Article 191 (Responsability of members of the Government)
      Article 192 (Consideration of the programme of the Government by the Assembly of the Republic)
      Article 193 (Request for vote of confidence)
      Article 194 (Motions of censure)
      Article 195 (Dismissal of the Government)
      Article 196 (Criminal liability of members of the Government)
       
    • Chapter III - Powers (articles 197 to 201)
       
      Article 197 (Political powers)
      Article 198 (Legislative powers)
      Article 199 (Administrative powers)
      Article 200 (Powers of the Council of Ministers)
      Article 201 (Powers of members of the Government)
       
  • Section V - The Courts
     
    • Chapter I - General principles (articles 202 to 208)
       
      Article 202 (Jurisdiction)
      Article 203 (Independence)
      Article 204 (Findings as to unconstitutionality)
      Article 205 (Court decisions)
      Article 206 (Court hearings)
      Article 207 (Juries, public participation and assessors)
      Article 208 (Forensic patronage)
       
    • Chapter II - Organisation of the courts (articles 209 to 214)
       
      Article 209 (Categories of courts)
      Article 210 (The Supreme Court of Justice and the courts of law)
      Article 211 (Powers and jurisdiction of the courts of law)
      Article 212 (Administrative and fiscal courts)
      Article 213 (Courts martial)
      Article 214 (The Court of Audit)
       
    • Chapter III - Status of judges (articles 215 to 218)
       
      Article 215 (Judges of the courts of law)
      Article 216 ( Guarantees and desqualifications)
      Article 217 ( Appointment, assignment, transfer and promotion of judges)
      Article 218 (Superior Council for the Judiciary)
       
    • Chapter IV - Public Prosecutors (articles 219 to 220)
       
      Article 219 (Functions and status)
      Article 220 (Attorney-General's Office)
       
  • Section VI - The Constitutional Court (articles 221 to 224)
     
    Article 221 (Definition)
    Article 222 (Composition and status of the judges)
    Article 223 (Powers)
    Article 224 (Organisation and operation)
     
  • Section VII - Autonomous Regions (articles 225 to 234)
     
    Article 225 (Political and administrative status of the Azores and Madeira)
    Article 226 (Statutes)
    Article 227 (Powers of the autonomous regions)
    Article 228 (Legislative and administrative autonomy)
    Article 229 (Co-operation between the organs with supreme authority and regional organs)
    Article 230 (Minister for the Republic)
    Article 231 (Organs of self-government of the regions)
    Article 232 (Powers of the regional legislative assembly)
    Article 233 (Signature and veto of the Minister for the Republic)
    Article 234 (Dissolution of regional organs)
     
  • Section VIII - Local authorities
     
    • Chapter I - General principles (articles 235 to 243)
       
      Article 235 (Local authorities)
      Article 236 (Categories of local authorities and administrative division)
      Article 237 (Administrative decentralisation)
      Article 238 (Local assets and finance)
      Article 239 (Deliberative and executive organs)
      Article 240 (Local referendum)
      Article 241 (Power to regulate)
      Article 242 (Administrative supervision)
      Article 243 (Local authority staffs)
       
    • Chapter II - Parishes (articles 244 to 248)
       
      Article 244 (Organs of parishes)
      Article 245 (Parishes assemblies)
      Article 246 (Parish boards)
      Article 247 (Association)
      Article 248 (Delegation of responsabilities)
       
    • Chapter III - Municipalities (articles 249 to 254)
       
      Article 249 (Changes in municipalities)
      Article 250 (Municipal organs)
      Article 251 (Municipal assemblies)
      Article 252 (Municipal chambers)
      Article 253 (Associations and federations)
      Article 254 (Share in the revenue from direct taxation)
       
    • Chapter IV - Administrative regions (articles 255 to 262)
       
      Article 255 (Establishment by law)
      Article 256 (Individual establishment)
      Article 257 (Responsibilities)
      Article 258 (Plans)
      Article 259 (Regional organs)
      Article 260 (Regional assemblies)
      Article 261 (Regional boards)
      Article 262 (Representatives of the Government)
       
    • Chapter V - Organisations of residents (articles 263 to 265)
       
      Article 263 (Establishment and area)
      Article 264 (Structure)
      Article 265 (Rights and powers)
       
  • Section IX - The Public Service (articles 266 to 272)
     
    Article 266 (Fundamental principles)
    Article 267 (Structure of the Public Service)
    Article 268 (Rights and guarantees of citizens)
    Article 269 (Public officials)
    Article 270 (Restrictions on the exercise of rights)
    Article 271 (Liability of officials and personnel)
    Article 272 (The police)
     
  • Section X - National Defence (articles 273 to 276)
     
    Article 273 (National Defence)
    Article 274 (Superior Council for National Defence)
    Article 275 (The Armed Forces)
    Article 276 (Defence of the Nation, military and civic service)
     
• Part IV - Guarantees and revision of the constitution
   
  • Section I - Review of constitutionality (articles 277 to 283)
     
    Article 277 (Positive unconstitutionality)
    Article 278 (Anticipatory review of constitutionality)
    Article 279 (Effects of rulings)
    Article 280 (Appeals on constitutionality and legality)
    Article 281 (General review of constitutionality and legality)
    Article 282 (Effects of rulings of unconstitutionality or illegality)
    Article 283 (Unconstitutionality by omission)
     
  • Section II - Revision of the Constitution  (articles 284 to 289)
     
    Article 284 (Competence and time of revision)
    Article 285 (Power to initiate constitutional revision)
    Article 286 (Approval and promulgation)
    Article 287 (New text of the Constitution)
    Article 288 (Limits on matters of revision)
    Article 289 (Limits on time of revision)
     
• Final and transitional provision (articles 290 to 299)
   
  Article 290 (Previous law)
  Article 291 (Districts)
  Article 292 (Status of Macao)
  Article 293 (Self-determination and independence of East Timor)
  Article 294 (Indictment and trial of officers and personnel of PIDE/DGS)
  Article 295 (Special rules with respect to political parties)
  Article 296 (Re-privatisations of property nationalised after 25 April 1974)
  Article 297 (Election of the President of the Republic)
  Article 298 (Rules applicable to local authority organs)
  Article 299 (Date and coming into force of this Constitution)