Constitution

Portugal 1976 Constitution (reviewed 2005)

Table of Contents

Fundamental principles

Article 1. Portuguese Republic

Portugal shall be a sovereign Republic, based on the dignity of the human person and the will of the people and committed to building a free, just and solidary society.

Article 2. Democratic state based on the rule of law

The Portuguese Republic shall be a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and organisation, respect for and the guarantee of the effective implementation of fundamental rights and freedoms, and the separation and interdependence of powers, all with a view to achieving economic, social and cultural democracy and deepening participatory democracy.

Article 3. Sovereignty and legality

  1. Sovereignty shall be single and indivisible and shall lie with the people, who shall exercise it in the forms provided for in this Constitution.
  2. The state shall be subject to this Constitution and shall be based on the democratic rule of law.
  3. The validity of laws and other acts of the state, the autonomous regions, local government and any other public bodies shall be dependent on their conformity with this Constitution.

Article 4. Portuguese citizenship

All persons whom the law or international convention consider to be Portuguese citizens shall be such citizens.

Article 5. Territory

  1. Portugal shall comprise that territory on the European mainland which is historically defined as Portuguese, and the Azores and Madeira archipelagos.
  2. The law shall define the extent and limit of Portugal’s territorial waters, its exclusive economic zone and its rights to the adjacent seabed.
  3. Without prejudice to the rectification of borders, the state shall not dispose of title to any part of Portuguese territory or of the sovereign rights that it exercises thereover.

Article 6. Unitary state

  1. The state shall be unitary and shall be organised and function in such a way as to respect the autonomous island system of self-government and the principles of subsidiarity, the autonomy of local authorities and the democratic decentralisation of the Public Administration.
  2. The Azores and Madeira archipelagos shall be autonomous regions with their own political and administrative statutes and self-government institutions.

Article 7. International relations

  1. In its international relations Portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind.
  2. Portugal shall advocate the abolition of imperialism, colonialism and all other forms of aggression, dominion and exploitation in the relations between peoples, as well as simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples.
  3. Portugal shall recognise peoples’ rights to self-determination and independence and to development, as well as the right to insurrection against all forms of oppression.
  4. Portugal shall maintain privileged ties of friendship and cooperation with Portuguese-speaking countries.
  5. Portugal shall make every effort to reinforce the European identity and to strengthen the European states’ actions in favour of democracy, peace, economic progress and justice in the relations between peoples.
  6. Subject to reciprocity and to respect for the fundamental principles of a democratic state based on the rule of law and for the principle of subsidiarity, and with a view to the achievement of the economic, social and territorial cohesion of an area of freedom, security and justice and the definition and implementation of a common external, security and defence policy, Portugal may enter into agreements for the exercise jointly, in cooperation or by the Union’s institutions, of the powers needed to construct and deepen the European Union.
  7. With a view to achieving an international justice that promotes respect for the rights of both individual human persons and peoples, and subject to the provisions governing complementarity and the other terms laid down in the Rome Statute, Portugal may accept the jurisdiction of the International Criminal Court.

Article 8. International law

  1. The rules and principles of general or common international law shall form an integral part of Portuguese law.
  2. The rules set out in duly ratified or passed international agreements shall come into force in Portuguese internal law once they have been officially published, and shall remain so for as long as they are internationally binding on the Portuguese state.
  3. Rules issued by the competent bodies of international organisations to which Portugal belongs shall come directly into force in Portuguese internal law, on condition that this is laid down in the respective constituent treaties.
  4. The provisions of the treaties that govern the European Union and the rules issued by its institutions in the exercise of their respective responsibilities shall apply in Portuguese internal law in accordance with Union law and with respect for the fundamental principles of a democratic state based on the rule of law.

Article 9. Fundamental tasks of the state

The fundamental tasks of the state shall be:

  1. To guarantee national independence and create the political, economic, social and cultural conditions that promote it;
  2. To guarantee fundamental rights and freedoms and respect for the principles of a democratic state based on the rule of law;
  3. To defend political democracy and safeguard and encourage citizens’ democratic participation in the resolution of national problems;
  4. To promote the people’s well-being and quality of life and real equality between the Portuguese, as well as the effective implementation of economic, social, cultural and environmental rights by means of the transformation and modernisation of economic and social structures;
  5. To protect and enhance the Portuguese people’s cultural heritage, defend nature and the environment, preserve natural resources and ensure proper town and country planning;
  6. To ensure education and permanent personal enhancement, and safeguard the use and promote the international dissemination of the Portuguese language;
  7. To promote the harmonious development of the whole of Portuguese territory, with particular regard to the ultraperipheral nature of the Azores and Madeira archipelagos;
  8. To promote equality between men and women.

Article 10. Universal suffrage and political parties

  1. The people shall exercise political power by means of universal, equal, direct, secret and periodic suffrage, referendum and the other forms provided for in this Constitution.
  2. Political parties shall contribute to the organisation and expression of the will of the people, with respect for the principles of national independence, the unity of the state and political democracy.

Article 11. National symbols and official language

  1. The National Flag, which shall be the symbol of the sovereignty of the Republic and of Portugal’s independence, unity and integrity, shall be that adopted by the Republic formed by the Revolution of the 5th of October 1910.
  2. The national anthem shall be A Portuguesa.
  3. The official language shall be Portuguese.