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.

Legal Aid

Portugal has a state-sponsored legal aid program, known as Apoio Judiciário, which ensures that individuals with insufficient financial resources can access legal representation. This system is overseen by the Institute of Social Security (Instituto da Segurança Social) and the Bar Association (Ordem dos Advogados).
Legal aid covers both criminal and civil cases and can include full or partial coverage of legal fees, exemption from court costs, and appointment of a public defender.
If individuals do not qualify for state-sponsored legal aid, some NGOs and professional legal associations offer pro bono services, such as the Portuguese Pro Bono Network and Cáritas Portugal. The exact number of lawyers in Portugal varies, but the Ordem dos Advogados estimates that there are over 30,000 registered lawyers, with a significant portion specializing in criminal and civil law.

Source of Defendants Rights

Defendants' rights in Portugal are protected through both national and international legal sources.

National Sources of Defendant’s rights:

Nationally, the Portuguese Constitution guarantees fundamental rights, including the right to a fair trial, legal representation, and protection against unlawful detention. The Portuguese Code of Criminal Procedure further details these rights, ensuring due process, the presumption of innocence, and access to legal counsel from the moment of detention. The Public Defender’s Office (Defensoria Pública) plays a crucial role in ensuring that defendants, particularly those who cannot afford legal representation, have access to legal assistance.

International Sources of defendant’s rights:
Internationally, Portugal adheres to multiple treaties and conventions that protect defendants’ rights. As a member of the European Union, Portugal is bound by the EU Charter of Fundamental Rights, which guarantees rights such as legal aid, fair trial standards, and protection against inhumane treatment. Portugal is also a signatory to the European Convention on Human Rights (ECHR), overseen by the European Court of Human Rights, ensuring compliance with fair trial principles under Article 6. Additionally, Portugal upholds United Nations (UN) treaties, including the International Covenant on Civil and Political Rights (ICCPR), which establishes legal standards for due process, and the Convention against Torture (CAT), which prohibits inhumane treatment of detainees. These combined national and international sources create a strong framework for safeguarding defendants’ rights in Portugal.

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:

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