Last Change:
05/20/2025
Constitution of the Portuguese Republic
Year: 1976
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Constitution of Portugal, established in 1976 and amended over time, defines the country’s legal and political framework, guarantees fundamental rights, and outlines the organization of state power. It ensures that foreigners and stateless persons in Portugal generally have the same rights and duties as Portuguese citizens. Article 15 states, "Foreigners and stateless persons who find themselves or who reside in Portugal shall enjoy the same rights and be subject to the same duties as Portuguese citizens." Additionally, Article 33 explains that asylum shall be granted to foreigners and stateless individuals who face persecution or serious threats due to their efforts in promoting democracy, social and national liberation, peace among nations, freedom, or human rights, and that refugee status shall be determined by law.
Selected provisions
Not provided
1. Portuguese citizens shall not be deported from Portuguese territory.
2. Deportation of anyone who properly entered or is properly present in Portuguese territory, has been granted a residence permit, or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall ensure expedite forms of ruling in such cases.
3. The extradition of Portuguese citizens from Portuguese territory shall only be permissible where an international agreement has established reciprocal extradition arrangements, or in cases of terrorism or international organised crime, and on condition that the applicant state's legal system enshrines guarantees of a just and fair trial.
4. Extradition for crimes that are punishable under the applicant state's law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, shall only be permissible in the event that the applicant state is a party to an international agreement in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed.
5. The provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the European Union.
6. No one shall be extradited or handed over under any circumstances for political reasons, or for crimes which are punishable under the applicant state's law by death or by any other sentence that results in irreversible damage to a person's physical integrity.
7. Extradition shall only be ordered by a judicial authority.
8. The right of asylum shall be guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or rights of the human person.
9. The law shall define the status of political refugee.