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Portugal JUDICIAL SYSTEM
Restrictions on freedom of assembly and of the press,
on the
rights of association and of public protest, and on the
right to
strike were removed with the promulgation of the new
Constitution
in April 1976. The constitutionally mandated Council of
Social
Communication, whose members were elected by the Assembly
of the
Republic, acted as a watchdog to protect freedom of speech
and
access to the media. The council publicized abuses, made
recommendations to the Assembly of the Republic, and had
enforcement powers; however, it had never been required to
exercise such powers. There were two restrictions on civil
liberties. "Fascist" organizations were prohibited by law.
In
addition, persons could be prosecuted for "insulting"
civil or
military authorities if such an "insult" was intended to
undermine the rule of law. Several prosecutions had
resulted
under these provisions.
The constitution of 1976 drastically altered the role
of the
police to protect civil rights. It gave guidelines for
criminal
investigation and treatment of suspects. The constitution
specified that no person could be held without trial or
imprisoned without a definite sentence. Individuals could
not be
deprived of citizenship for political reasons. The
principle of
habeas corpus was restated and was applied without
exception to
both civilian criminal courts and military tribunals. A
petition
for a writ of habeas corpus was to be answered by a judge
within
eight days. Torture and inhumane detention were made
illegal.
Confessions obtained under duress and any material
obtained by
illegal means were declared inadmissible as evidence in
criminal
proceedings. The privacy of personal correspondence and
telephone
communication was also guaranteed in the Constitution, and
forcible entry into homes and searches without a judicial
warrant
were forbidden.
Data as of January 1993
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