Fundamental principles 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. Fundamental tasks of the state Article 10. Universal suffrage and political parties Article 11. National symbols and official language Part I. Fundamental rights and duties Title I. General principles Article 12. Principle of universality Article 13. Principle of equality Article 14. Portuguese abroad Article 15. Foreigners, stateless persons, European citizens Article 16. Scope and interpretation of fundamental rights Article 17. Rules governing rights, freedoms and guarantees Article 18. Legal force Article 19. Suspension of the exercise of rights Article 20. Access to law and effective judicial protection Article 21. Right of resistance Article 22. Liability of public bodies Article 23. Ombudsman Title II. Rights, freedoms and guarantees Chapter I. Personal rights, freedoms and guarantees Article 24. Right to life Article 25. Right to personal integrity Article 26. Other personal rights Article 27. Right to freedom and security Article 28. Remand in custody Article 29. Application of criminal law Article 30. Limits on sentences and security measures Article 31. Habeas corpus Article 32. Safeguards in criminal proceedings Article 33. Deportation, extradition and right of asylum Article 34. Inviolability of home and correspondence Article 35. Use of computers Article 36. Family, marriage and filiation Article 37. Freedom of expression and information Article 38. Freedom of the press and the media Article 39. Regulation of the media Article 40. Right to broadcasting time, of reply and of political response Article 41. Freedom of conscience, religion and worship Article 42. Freedom of cultural creation Article 43. Freedom to learn and to teach Article 44. Right to travel and to emigrate Article 45. Right to meet and to demonstrate Article 46. Freedom of association Article 47. Freedom to choose a profession and to join the Public Administration Chapter II. Rights, freedoms and guarantees concerning participation in politics Article 48. Participation in public life Article 49. Right to vote Article 50. Right to stand for public office Article 51. Political associations and parties Article 52. Right to petition and right to popular action Chapter III. Workers’ rights, freedoms and guarantees Article 53. Job security Article 54. Workers’ committees Article 55. Freedoms concerning trade unions Article 56. Trade union rights and collective agreements Article 57. Right to strike and prohibition of lock-outs Title III. Economic, social and cultural rights and duties Chapter I. Economic rights and duties Article 58. Right to work Article 59. Workers’ rights Article 60. Consumer rights Article 61. Private enterprise, cooperatives and worker management Article 62. Right to private property Chapter II. Social rights and duties 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. Disabled citizens Article 72. The elderly Chapter III. Cultural rights and duties Article 73. Education, culture and science Article 74. Education Article 75. Public, private and cooperative education Article 76. University and access to higher education Article 77. Democratic participation in education Article 78. Cultural enjoyment and creation Article 79. Physical education and sport Part II. Organisation of the economy Title I. General principles 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 compulsory purchase Article 84. Public domain Article 85. Cooperatives and worker-management experiments Article 86. Private businesses Article 87. Foreign economic activity and investment Article 88. Abandoned means of production Article 89. Worker participation in management Title II. Plans Article 90. Objectives Article 91. Drawing up and implementation of plans Article 92. Economic and Social Council Title III. Agricultural, commercial and industrial policies Article 93. Agricultural policy objectives Article 94. Elimination of very large estates Article 95. Resizing of small farms Article 96. Forms of use of non-owned land Article 97. State assistance Article 98. Participation in drawing up the agricultural policy Article 99. Commercial policy objectives Article 100. Industrial policy objectives Title IV. Financial and fiscal system Article 101. Financial system Article 102. Bank of Portugal Article 103. Fiscal system Article 104. Taxes Article 105. Budget Article 106. Drawing up the Budget Article 107. Scrutiny Part III. Organisation of political power Title I. General principles Article 108. Source and exercise of power Article 109. Citizens’ participation in politics Article 110. Bodies that exercise sovereign power Article 111. Separation and interdependence Article 112. Legislation Article 113. General principles of electoral law Article 114. Political parties and right to opposition Article 115. Referenda Article 116. Collegiate bodies Article 117. Status of political officeholders Article 118. Renewal principle Article 119. Publicising of acts Title II. President of the Republic Chapter I. Status, role and election Article 120. Definition Article 121. Election Article 122. Eligibility Article 123. Eligibility for 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 Portuguese territory Article 130. Criminal liability Article 131. Resignation Article 132. Acting President Chapter II. Responsibilities Article 133. Responsibilities in relation to other bodies Article 134. Personal responsibilities Article 135. Responsibilities in international relations Article 136. Enactment and veto Article 137. Failure to enact or sign Article 138. Declaration of a state of siege or a state of emergency Article 139. Acts of an acting President of the Republic Article 140. Ministerial counter-signature Chapter III. Council of State Article 141. Definition Article 142. Composition Article 143. Installation and term of office Article 144. Organisation and proceedings Article 145. Responsibilities Article 146. Issue of opinions Title III. Assembly of the Republic Chapter I. Status, role and election Article 147. Definition Article 148. Composition Article 149. Constituencies Article 150. Eligibility Article 151. Nominations Article 152. Political representation Article 153. Beginning and end of term of office Article 154. Incompatibilities and prevention from exercise of office Article 155. Exercise of the office of Member Article 156. Members’ powers Article 157. Immunities Article 158. Rights and privileges Article 159. Duties Article 160. Loss and resignation of seat Chapter II. Responsibilities Article 161. Political and legislative responsibilities Article 162. Responsibility to scrutinise Article 163. Responsibilities in relation to other bodies Article 164. Exclusive responsibility to legislate Article 165. Partially exclusive responsibility to legislate Article 166. Form of acts Article 167. Initiative in relation to legislation and referenda Article 168. Discussion and voting Article 169. Parliamentary consideration of legislation Article 170. Emergency proceedings Chapter III. Organisation and proceedings Article 171. Legislatures Article 172. Dissolution Article 173. Sitting following elections Article 174. Legislative sessions, full sessions and calling Article 175. Internal responsibilities of the Assembly Article 176. Order of business of plenary sittings Article 177. Attendance by members of the Government Article 178. Committees Article 179. Standing Committee Article 180. Parliamentary groups Article 181. Assembly staff and specialists Title IV. Government Chapter I. Function and structure Article 182. Definition Article 183. Composition Article 184. Council of Ministers Article 185. Temporary substitution of members of the Government Article 186. Taking and leaving office Chapter II. Formation and responsibilities Article 187. Formation Article 188. The Government’s Programme Article 189. Collective responsibility Article 190. Government responsibility Article 191. Responsibility of members of the Government Article 192. Consideration of the Government’s Programme Article 193. Request for confidence motion Article 194. No confidence motions Article 195. Resignation or removal of the Government Article 196. Lifting immunity from criminal prosecution from members of the Government Chapter III. Responsibilities Article 197. Political responsibilities Article 198. Legislative responsibilities Article 199. Administrative responsibilities Article 200. Responsibilities of the Council of Ministers Article 201. Responsibilities of members of the Government Title V. Courts Chapter I. General principles Article 202. Jurisdiction Article 203. Independence Article 204. Compliance with the Constitution Article 205. Court rulings Article 206. Court hearings Article 207. Juries, public participation and experts Article 208. Legal representation Chapter II. Organisation of the courts Article 209. Categories of court Article 210. Supreme Court of Justice and other courts of law Article 211. Responsibilities and specialisation of courts of law Article 212. Administrative and tax courts Article 213. Courts martial Article 214. Audit Court Chapter III. Status of judges Article 215. Judges of the courts of law Article 216. Guarantees and incompatibilities Article 217. Appointment, assignment, transfer and promotion of judges Article 218. Supreme Judicial Council Chapter IV. Public Prosecutors’ Office Article 219. Functions, status and role Article 220. Attorney General’s Office Title VI. Constitutional Court Article 221. Definition Article 222. Composition and status of judges Article 223. Responsibilities Article 224. Organisation and procedure Title VII. Autonomous Regions Article 225. Political and administrative system in the Azores and Madeira Article 226. Statutes and electoral laws Article 227. Powers of the autonomous regions Article 228. Legislative autonomy Article 229. Cooperation between bodies that exercise sovereign power and regional bodies Article 230. Representatives of the Republic Article 231. Self-government bodies of the autonomous regions Article 232. Responsibilities of Legislative Assemblies of autonomous regions Article 233. Signature and veto of Representatives of the Republic Article 234. Dissolution and removal of self-government bodies Title VIII. Local government Chapter I. General principles Article 235. Local authorities Article 236. Categories of local authority and administrative division Article 237. Administrative decentralisation Article 238. Local assets and finances Article 239. Decision-making and executive bodies Article 240. Local referenda Article 241. Regulatory power Article 242. Administrative oversight Article 243. Local authority staff Chapter II. Parishes Article 244. Parish bodies Article 245. Parish assemblies Article 246. Parish authorities Article 247. Associations Article 248. Delegation of tasks Chapter III. Municipalities Article 249. Changes to municipalities Article 250. Municipal bodies Article 251. Municipal assemblies Article 252. Municipal authorities Article 253. Associations and federations Article 254. Share in revenue from direct taxes Chapter IV. Administrative regions Article 255. Creation by law Article 256. De facto institution Article 257. Responsibilities Article 258. Planning Article 259. Regional bodies Article 260. Regional assemblies Article 261. Regional authorities Article 262. Government representatives Chapter V. Residents’ organisations Article 263. Formation and area Article 264. Structure Article 265. Rights and responsibilities Title IX. Public Administration Article 266. Fundamental principles Article 267. Structure of the Administration Article 268. Citizens’ rights and guarantees Article 269. Rules governing Public Administration staff Article 270. Restrictions on the exercise of rights Article 271. Liability of state staff and agents Article 272. Police Title X. National defence Article 273. National defence Article 274. Supreme National Defence Council Article 275. Armed Forces Article 276. Defence of the nation, military service and civic service Part IV. Guaranteeing and revision of the Constitution Title I. Review of constitutionality Article 277. Positive unconstitutionality Article 278. Prior review of constitutionality Article 279. Effects of ruling Article 280. Specific review of constitutionality and legality Article 281. Abstract review of constitutionality and legality Article 282. Effects of declaration of unconstitutionality or illegality Article 283. Unconstitutionality by omission Title II. Revision of the Constitution Article 284. Responsibility and time for revisions Article 285. Power to initiate revisions Article 286. Passage and enactment Article 287. New text of the Constitution Article 288. Matters in which revision shall be restricted Article 289. Circumstances in which revision shall be restricted Final and transitional provisions Article 290. Previous law Article 291. Districts Article 292. Indictment and trial of PIDE/DGS(*) agents and officials Article 293. Reprivatisation of property nationalised after 25 April l974 Article 294. Rules applicable to local authority bodies Article 295. Referendum on European Treaty Article 296. Date and entry into force of the Constitution
Without prejudice to the provisions of the following paragraph, such constitutional laws enacted after 25 April 1974 as are not safeguarded in this chapter shall be considered ordinary laws.
The ordinary law that existed prior to the entry into force of this Constitution shall be maintained on condition that it is not contrary to this Constitution or to the principles enshrined therein.
Until such time as the administrative regions are not instituted de facto, such areas as they do not cover shall continue to be divided into districts.
Each district shall possess a decision-making assembly composed of representatives from its municipalities, under such terms as the law shall lay down.
With the assistance of a council, the civil governor shall represent the Government and exercise the powers of oversight in the area that comprises each district.
Law no. 8/75, dated 25 July 1975, as revised by Law no. 16/75, dated 23 December 1975, and by Law no. 18/75, dated 26 December 1975, shall remain in force.
The law may lay down in more detail the types of crime set out in Articles 2(2), 3, 4b and 5 of the statute referred to in the previous paragraph.
The law may especially regulate the extraordinary extenuating circumstances provided for in Article 7 of the same statute. (*) The PIDE/DGS (International and State Defence Police / Directorate-General of Security) was the New State’s political police.
A framework law passed by an absolute majority of all the Members in full exercise of their office shall regulate reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 April 1974. Such reprivatisations shall observe the following fundamental principles:
As a general rule, reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 April 1974 shall preferentially be conducted by public invitation to tender, offer on the stock exchange, or public subscription;
The revenue obtained from reprivatisations shall be used solely to redeem the public debt and the debts of state-owned businesses, to service the debt resulting from nationalisations, or for new capital investment in the productive sector;
The workers of businesses that are the object of reprivatisation shall retain all their rights and obligations in the reprivatisation process;
The workers of businesses that are the object of reprivatisation shall acquire the preferential right to subscribe a percentage of the business’s share capital;
The means of production and other property that are to be reprivatised shall be the object of prior valuation by more than one independent body.
Small and medium-sized businesses that have been indirectly nationalised and are situated outside the basic sectors of the economy may be reprivatised as laid down by law.
Until such time as the law provided for in Article 239(3) comes into force, local authority bodies shall be formed and shall operate in accordance with the legislation that corresponds to the text of the Constitution as revised by Constitutional Law no. 1/92, dated 25 November 1992.
The provisions of Article 115(3) shall not prejudice the possibility of calling and holding a referendum on the approval of a treaty aimed at the construction and deepening of the European Union.
The Constitution of the Portuguese Republic shall bear the date of its passage by the Constituent Assembly: 2 April 1976.
The Constitution of the Portuguese Republic shall come into force on 25 April 1976.
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