Portugal

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Background

Portugal is a democratic republic located in Southern Europe, with a legal and political system shaped by its transition from an authoritarian regime to democracy in the mid-20th century. After nearly five decades under the Estado Novo dictatorship (1933–1974), Portugal underwent a peaceful revolution, known as the Carnation Revolution, which led to the establishment of a democratic government in 1976. Since then, the country has been a member of the European Union (EU), the United Nations (UN), and other international organisations, strengthening its legal framework in alignment with European and global human rights standards. The legal system of Portugal has continued to evolve, incorporating modern legal principles, particularly in areas such as human rights, criminal justice, and legal aid.

The Legal system

Portugal follows a civil law system, which is based on codified statutes rather than judicial precedents. The country’s legal framework is primarily derived from the Portuguese Constitution of 1976, the Civil Code, the Penal Code, and other legislative acts enacted by the parliament.
Judicial decisions do not create binding precedents, but rulings from higher courts, such as the Constitutional Court and the Supreme Court of Justice, can guide lower courts. Portugal’s legal system also integrates EU law, which has direct applicability in several areas, particularly in human rights and procedural fairness.

Source of Defendants Rights

National Sources of Defendant’s rights:

International Sources of defendant’s rights:

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals:

Rights in Prison

Right to Humane Conditions of Confinement:

Right to Medical Care in Prison:

Right to Mental Health Care:

Restriction of rights:

Rights of Special Populations:

• Women:
• Juveniles:

  Resources