TRIBUNAL CONSTITUCIONAL Portugal

On this webpage are published the summaries of selected Rulings issued in earlier years 1987-2025.
([*] full text version)
([**] extended summary version)

2024

Rulings	Type	Subject matter
70/2024	Sucessive	Pet Abuse
128/2024	Preventive	Naturalization of Sephardic Jews
380/2024	Sucessive	Supplementary benefit in case of work-related accident or illness
539/2024	Sucessive	Legal representation of the State by the Public Prosecution Service
548/2024	Sucessive	Reporting of internal or cross-border arrangements to the Tax Authority by lawyers acting as intermediaries
834/2024	Appeal	Amnesty and pardon by the State
893/2024	Appeal	Enforcement of debts arising from the European Social Fund (ESF)

2023

Rulings	Type	Subject matter
5/2023	Preventive	Fundamental Rights – civil and political rights – right to dignity
60/2023	Preventive	Fundamental Rights - Civil and Political Rights – Freedom of Opinion
73/2023	Appeal	Fundamental Rights – Procedural safeguards, rights of the defence and fair trial – Adversarial principle
91/2023	Appeal	Fundamental Rights - Civil and Political Rights – Right to private life – protection of personal data
279/2023	Political party	Constitutional Justice – Constitutional jurisdiction - Relations with other institutions
318/2023	Appeal	Constitutional Justice – Constitutional jurisdiction - Relations with other institutions
325/2023	Appeal	Constitutional Justice – Constitutional jurisdiction - Relations with other institutions

2022

Rulings	Type	Subject matter
87/2022	Appeal	Fundamental, Rights - Deprivation of Liberty
88/2022	Appeal	Fundamental Rights - Deprivation of Liberty
89/2022	Appeal	Fundamental Rights -Deprivation of Liberty
90/2022	Appeal	Fundamental Rights - Deprivation of Liberty
132/2022	Appeal	Fundamental Rights - Rights of the child
133/2022	Electoral	Election of Members to the Parliament – District of Europe
[*] 268/2022	Sucessive	Retention of personal data relating to communications
350/2022	Appeal	Fundamental Rights –Individual Liberty – Deprivation of Liberty
470/2022	Political party	Constitutional Justice – Constitutional jurisdiction - Relations with other institutions
477/2022	Appeal	Litigation in respect of fundamental rights and freedoms
489/2022	Appeal	Litigation in respect of fundamental rights and freedoms
490/2022	Appeal	Litigation in respect of fundamental rights and freedoms
507/2022	Appeal	Civil and Political Rights – Right to dignity
508/2022	Appeal	Civil and Political Rights – Right to dignity
540/2022	Appeal	Civil and Political Rights – Procedural safeguards, rights if the defence and fair trial
577/2022	Appeal	Fundamental, Rights, -, Civil, and, political, rights, -, Individual, liberty, -, Deprivation, of, liberty
653/2022	Appeal	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
766/2022	Appeal	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
843/2022	Appeal	Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.

2021

Rulings	Type	Subject matter
115/2021	Appeal	Fundamental Rights
121/2021	Appeal	Code of Criminal Procedure
[*] 123/2021	Preventive	Medically assisted death
352/2021	Appeal	Crime of disobedience
474/2021	Sucessive	Fundamental Rights – Civil and political rights – Individual liberty
500/2021	Appeal	Non-retrospective effect of law
687/2021	Preventive	Cybercrime
738/2021	Appeal	Hearing by distance communication system
867/2021	Appeal	Maltreatment of companion animals
921/2021	Appeal	Crime of desobedience - Competences of executive bodies

2020

Rulings	Type	Subject matter
261/2020	Appeal	Non-retrospective effect of criminal law
262/2020	Appeal	Civil and political rights, child labour
[*] 422/2020	Appeal	Hierarchy between national and non-national sources
424/2020	Appeal	Powers of the legislative bodies

2019

Rulings	Type	Subject matter
269/2019	Appeal	Constitutional Justice – Constitutional jurisdiction - Relations with other institutions

2018

Rulings	Type	Subject matter
[*] 225/2018	Sucessive	Law on Medically Assisted Procreation (Law of the MAP)
242/2018	Sucessive	Right to counsel - right to paid legal assistance
308/2018	Appeal	Right to family life - descent
376/2018	Sucessive	Exercise of a private security activity
428/2018	Sucessive	Legitimate expectation
488/2018	Appeal	Paternity investigation
595/2018	Sucessive	Civil and political rights

2017

Rulings	Type	Subject matter
32/2017	DPR	Regime governing the Public Control of the Wealth of Political Officeholders
33/2017	Sucessive	Rules of Court
40/2017	Sucessive	Administrative Law – Transport Law
62/2017	Appeal	Civil Law – Protection of Minors
194/2017	Sucessive	Administrative Law
237/2017	Appeal	Criminal Procedural Law
246/2017	Appeal	Criminal Procedural Law
271/2017	Appeal	Administrative Law – Urban Planning Law
324/2017	Appeal	Labour Law
382/2017	Appeal	Juvenile Law
396/2017	Appeal	Criminal Procedural Law
420/2017	Appeal	Criminal Procedural Law
672/2017	Appeal	Scope – Criminal Proceedings
786/2017	Sucessive	Equality – Employment – In public law
825/2017	Appeal	Health and safety at work
848/2017	Sucessive	Public Finances
851/2017	Appeal	Criminal Proceedings

2016

Rulings	Type	Subject matter
3/2016	Sucessive	Constitutional principles – Administrative Law
55/2016	Appeal	Civil Law – civil liability
62/2016	Appeal	Administrative Law
76/2016	Appeal	Labour Law
81/2016	Appeal	Administrative Law
106/2016	Appeal	Nationality Law
193/2016	Appeal	Family Law
251/2016	Appeal	Criminal Law
252/2016	Appeal	Criminal Law
309/2016	Appeal	Family Law
331/2016	Appeal	Nationality Law
429/2016	Appeal	Criminal Procedural Law
583/2016	Appeal	Civil Law
584/2016	Appeal	Criminal Procedural Law
591/2016	Appeal	Judicial Law
611/2016	Appeal	Administrative Law – Disciplinary administrative law
641/2016	Appeal	Criminal Law
676/2016	Appeal	Labour Law

2015

Rulings	Type	Subject matter
16/2015	Appeal	Rules of Court
96/2015	Sucessive	Notarial Law / Criminal Law
101/2015	Appeal	Criminal Law
123/2015	Appeal	Civil Procedure / Patent Law
141/2015	Sucessive	Social Security Law
178/2015	Electoral	Electoral Law
194/2015	Appeal	Financial Law / Labour Law
260/2015	Sucessive	Labour Law
296/2015	Sucessive	Social Security Law
326/2015	Appeal	Administrative Law
345/2015	Appeal	Law governing the Judicial System
346/2015	Appeal	Family Law
360/2015	Appeal	Civil Law
377/2015	Preventive	Criminal Law
386/2015	Political party	Political parties
403/2015	Preventive	Defence Law
412/2015	Appeal	Criminal Procedural Law
494/2015	Sucessive	Local Authority Administrative Law
538/2015	Sucessive	Administrative Law
576/2015	Sucessive	Labour Law
595/2015	Sucessive	General constitutional principles governing the organisation of the economy – sectors of ownership of the means of production – cooperative and social sector
596/2015	Appeal	Criminal Procedural Law

2014

Rulings	Type	Subject matter
45/2014	Appeal	Highway Law
108/2014	Appeal	Youth Custody, Protection and Re-education Law
174/2014	Sucessive	Criminal Procedural Law
176/2014	Referendum	Adoption; co-adoption; joint adoption
202/2014	Appeal	Administrative Law – public contracts
315/2014	Sucessive	Environmental Law – Law of the Sea. Autonomous regions
394/2014	Appeal	Family Law (minors)
413/2014	Sucessive	State Budget Law for 2014
480/2014	Appeal	Property Law - easements
544/2014	Appeal	Fundamental rights. Labour Law
545/2014	Appeal	Fundamental rights. Labour Law
572/2014	Sucessive	State Budget Law for 2014
574/2014	Preventive	Pay cuts for workers paid out of public funds in 2014-2015 and 2016-2018
575/2014	Preventive	Proposed creation of a Sustainability Contribution
578/2014	Preventive	Fundamental rights – freedom of conscience and religion
582/2014	Appeal	Procedural rights
587/2014	Appeal	Criminal Law. General principles governing fundamental rights and duties
745/2014	Sucessive	Administrative Law
748/2014	Appeal	Criminal Law
786/2014	Appeal	Civil Law – Real Rights
851/2014	Appeal	Administrative Law
858/2014	Appeal	Administrative Law – Public Service Law

2013

Rulings	Type	Subject matter
75/2013	Appeal	Environmental Law
96/2013	Sucessive	The profession of seafarer
105/2013	Appeal	Criminal Law - crimes against sexual freedom
126/2013	Appeal	Code of Criminal Procedure (CPP) – home searches
127/2013	Appeal	Family Law – rental of the family home imposed by judicial decision in cases of divorce
177/2013	Appeal	Law governing Youth Custody, Protection and Re-education
[**] 187/2013	Sucessive	State Budget Law for 2013
230/2013	Preventive	Justice Administration – Sports Arbitration Tribunal (TAD)
243/2013	Appeal	Family Law - adoption
327/2013	Appeal	The Statute governing Judges
404/2013	Appeal	Administrative-offence proceedings – imposition of fines
418/2013	Appeal	Highway Law – driving under the influence of alcohol
474/2013	Preventive	Civil Service Law - public legal employment relationship
[**] 602/2013	Sucessive	Labour Law
605/2013	Appeal	Nationality Law
648/2013	Appeal	Labour Law – Trade Union Law
759/2013	Sucessive	Tax and Fiscal Law
781/2013	Sucessive	Sports Law
794/2013	Sucessive	Labour Law
[**] 862/2013	Preventive	Labour Law – Civil Service Law

2012

Rulings	Type	Subject matter
24/2012	Appeal	Retroactive efficacy of new time limits for bringing legal actions
85/2012	Appeal	Principles governing mere administrative offences
96/2012	Referendum	Local referendum
107/2012	Appeal	Right to an appeal in criminal proceedings
110/2012	Appeal	Environmental administrative offence
128/2012	Appeal	Legislative options with regard to the protection of legal assets by means of the criminalisation of certain forms of behaviour
158/2012	Appeal	Urgent criminal proceedings
179/2012	Preventive	Prior review of the crime of illicit enrichment
247/2012	Appeal	Family Law – time limits on bringing filiation investigation actions.
274/2012	Appeal	Environmental Law – prevention and control of polluting atmospheric emissions.
353/2012	Sucessive	Review of the constitutionality of norms contained in the State Budget Law for 2012.
360/2012	Appeal	Extradition proceedings
387/2012	Preventive	Environmental Law – tourism spatial plan.
397/2012	Preventive	Public health policies
404/2012	Sucessive	Scope of some of the Ombudsman’s areas of competence, and preconditions for exercise of the right to lodge a complaint.
445/2012	Appeal	The Penal Code – prescription of criminal proceedings.
465/2012	Appeal	The burden of proof in labour-law proceedings.
540/2012	Appeal	The right of appeal in criminal procedural law.
581/2012	Appeal	Fiscal Law – municipal charges and other local authority revenues.

2011

Rulings	Type	Subject matter
37/2011	Appeal	Property rights – Expropriation Code
54/2011	Appeal	Family Law, the law with regard to minors
90/2011	Appeal	Transmission by the media of the audio recordings of trial hearings
110/2011	Appeal	Procedural safeguards, rights of the defence and to a fair trial – rules of evidence
150/2011	Appeal	Code of Judicial Costs
161/2011	Appeal	Work-related accidents
164/2011	Appeal	Lapse of paternity investigation actions
214/2011	Preventive	Separation of powers
278/2011	Appeal	Exercise of sanctionary powers by the Public Administration – legal regime governing the prevention and control of polluting atmospheric emissions
281/2011	Appeal	Statute governing the Administrative and Fiscal Courts
284/2011	Appeal	Labour Code – access to the law and the courts
285/2011	Appeal	Lapse of paternity investigation actions
359/2011	Appeal	Code of Criminal Procedure – mental disability
398/2011	Appeal	Regime governing the exercise of parental responsibilities
400/2011	Sucessive	Family Law, Minors Law
401/2011	Appeal	Paternity investigation actions
460/2011	Appeal	Court composition – intervention of a jury in a judgement
461/2011	Appeal	Legal regime governing competition
612/2011	Sucessive	Social sector of ownership of the means of production
654/2011	Appeal	Sexual procurement

2010

Rulings	Type	Subject matter
19/2010	Appeal	Adversarial principle
49/2010	Appeal	Right to unemployment benefit
75/2010	Sucessive	Abortion
[*] 121/2010	Preventive	Same-sex marriage
154/2010	Sucessive	Civil service
160/2010	Appeal	Restriction of the right of appeal
185/2010	Appeal	Compensation for remand in custody
216/2010	Appeal	Access to justice by for-profit legal persons
224/2010	Sucessive	Freedoms of expression and information
257/2010	Appeal	Attachment of the minimum wage
[*] 338/2010	Sucessive	Labour Code norms
399/2010	Sucessive	Retroactive personal income tax provisions
407/2010	Appeal	Parental responsibilities
496/2010	Appeal	Access to administrative documents

2009

Rulings	Type	Subject matter
[*] 101/2009	Sucessive	Medically assisted procreation
135/2009	Sucessive	Limits of access to justice
161/2009	Appeal	Revision of pensions
173/2009	Sucessive	Restrictions on civil capacity
221/2009	Sucessive	Public health protection
248/2009	Appeal	Evaluation of evidence
250/2009	Electoral	Ineligibility
357/2009	Appeal	Access to constitutional justice
[*] 359/2009	Appeal	Same-sex marriage
427/2009	Preventive	Open prison
486/2009	Appeal	Inviolability of telephone communications
493/2009	Appeal	Compensation in case of nationalisation
583/2009	Appeal	Access to constitutional justice
596/2009	Appeal	Reparation for damages
612/2009	Appeal	Compensation for expropriations

2008

Rulings	Type	Subject matter
[*] 45/2008	Appeal	Limits on access to courts
[*] 46/2008	Appeal	Legal aid
[*] 69/2008	Appeal	Principle of equality
[*] 70/2008	Appeal	Arbitrariness Discrimination
[*] 292/2008	Appeal	Freedom of the written press
[*] 311/2008	Appeal	Access to courts
[*] 313/2008	Sucessive	Cohabiting couples
[*] 428/2008	Appeal	Investigations in criminal proceedings
[*] 444/2008	Appeal	Compensation for damage to property
[*] 488/2008	Appeal	Amnesty
[*] 491/2008	Appeal	University autonomy
[*] 496/2008	Appeal	Right to environment
[*] 632/2008	Preventive	Protection of employees

2007

Rulings	Type	Subject matter
52/2007	Appeal	Best interest of the child
81/2007	Appeal	Right to private life
154/2007	Appeal	Compensation for damage caused by the state
155/2007	Appeal	Right to personal integrity
181/2007	Appeal	Freedom of contract
278/2007	Appeal	Inviolability of domicile
442/2007	Preventive	Banking secrecy
589/2007	Appeal	Challenge to paternity
609/2007	Appeal	Challenge to paternity
617/2007	Appeal	Marital property system

2006

Rulings	Type	Subject matter
4/2006	Appeal	Telephone taps and recordings of images and voices
617/2006	Referendum	Abortion
633/2006	Sucessive	Advertising of betting on horse racing
660/2006	Appeal	Destruction of telephone taps

2005

Rulings	Type	Subject matter
5/2005	Appeal	Compensation for extra-contractual civil liability pertaining to the state
96/2005	Sucessive	Statute governing the remuneration of elected local authority officeholders
174/2005	Appeal	Compensation for the compulsory slaughter of animals on public-health grounds
246/2005	Sucessive	Limits on the legislative competence of autonomous regions
247/2005	Appeal	Homosexual abuse of minors
306/2005	Appeal	The right to the minimum needed to ensure an existence worthy of human dignity; “Organisation of the Protection of Minors” (title of the relevant law) – maintenance due to a minor child
376/2005	Preventive	Modification of the institutional structure of the legislative assembly of an autonomous region
384/2005	Appeal	Request for extradition under the International Convention for the Repression of Terrorist Bombing
599/2005	Appeal	The grant of Portuguese nationality by naturalisation
614/2005	Appeal	Statute governing survivor’s pensions in the civil and public service
631/2005	Appeal	Determination of paternity and paternity investigations undertaken on the initiative of the competent authorities

2004

Rulings	Type	Subject matter
88/2004	Appeal	Survivor's pension
139/2004	Appeal	Protection of the right to a trade name
198/2004	Appeal	Telephone intercepts
589/2004	Sucessive	"International associations"
590/2004	Sucessive	Right to housing
631/2004	Appeal	Crime of breach of trust
704/2004	Preventive	Referendum on a Constitution for Europe

2003

Rulings	Type	Subject matter
107/2003	Appeal	Legal regime governing campsites
131/2003	Preventive	Definition of and regime governing property in the public domain
185/2003	Political party	Organisation and operation of political parties
195/2003	Appeal	Cohabitee survivor’s pension
304/2003	Preventive	Law governing Political Parties
306/2003	Preventive	Labour Code
360/2003	Sucessive	Labour legislation, specifically with regard to the civil and public services
406/2003	Sucessive	Scope of and regime governing the civil and public services
433/2003	Appeal	Access to the law by non-resident foreigners
456/2003	Appeal	Investigation of paternity
498/2003	Appeal	Preferential creditors

2002

Rulings	Type	Subject matter
36/2002	Preventive	Moment in time at which the government’s resignation should be considered to have taken effect
65/2002	Preventive	Constitutional definition of the scope of the powers of a government that has resigned
241/2002	Appeal	Telecommunications law
254/2002	Preventive	Public-sector media companies
275/2002	Appeal	The legal extent of non-pecuniary damages suffered by the surviving member of a de facto union when the other member was killed as the result of a culpable crime
368/2002	Sucessive	Mental and physical examination of workers under the Labour Code
421/2002	Political party	Challenging decisions taken by political parties
474/2002	Omission	Legislative omission
509/2002	Preventive	Social protection systems

2001

Rulings	Type	Subject matter
187/2001	Sucessive	Restricted ownership regime
423/2001	Sucessive	The principle that the rights of European, other foreign and stateless citizens who reside or find themselves in Portugal are the same as those of Portuguese citizens
470/2001	Appeal	Ranking of creditors
588/2001	Appeal	Incompatibility of the cumulative exercise of more than one profession

2000

Rulings	Type	Subject matter
199/2000	Sucessive	Fundamental principles regarding the electoral system
412/2000	Appeal	Guarantee of access to the courts
436/2000	Sucessive	Gaming law
437/2000	Sucessive	Freedom not to join trade unions
520/2000	Appeal	Publication of judgements in which persons are convicted and sentenced

1999

Rulings	Type	Subject matter
16/1999	Appeal	The radio broadcasting business
30/1999	Referendum	Prior review of local referenda
73/1999	Appeal	Rights of trade union representatives
254/1999	Appeal	The right of access to administrative documents
494/1999	Preventive	Constitutional rules governing the approval of international treaties and agreements
630/1999	Sucessive	The political and administrative statutes of autonomous regions

1998

Rulings	Type	Subject matter
288/1998	Referendum	Prior review of the constitutionality and legality of a draft referendum
531/1998	Referendum	Prior review of the constitutionality and legality of a draft referendum
578/1998	Appeal	Legal regime applicable to the trafficking and consumption of narcotics and psychotropic substances
616/1998	Appeal	The determination of maternity or paternity by court order, and challenges against it
621/1998	Appeal	Hierarchical ranking of national and supranational law

1997

Rulings	Type	Subject matter
1/1997	Preventive	Access to higher education
121/1997	Appeal	The regime governing remand in custody
407/1997	Appeal	Telephone intercepts
444/1997	Appeal	Amnesty
471/1997	Appeal	Community competition law
668/1997	Electoral	Local authority elections
709/1997	Preventive	Administrative regions
711/1997	Preventive	Autonomous regions

1996

Rulings	Type	Subject matter
34/1996	Appeal	Military Code of Justice
470/1996	DPR	Public control of the wealth of political officeholders – free consultation by citizens and free disclosure of declarations of assets and income
505/1996	Appeal	Attributes and competences of the Media Authority
976/1996	President of the Republic	Head of state
1010/1996	Appeal	Shotgun permit
1146/1996	Sucessive	Extradition

1995

Rulings	Type	Subject matter
13/1995	Preventive	Feedom of the press and right of response
41/1995	Appeal	Effects of penalties
83/1995	Appeal	Limits on the criminalisation of behaviour
107/1995	Political party	Registration of political parties on a specific register
161/1995	Appeal	Criminal procedural guarantees are not directly applicable to disciplinary proceedings
212/1995	Appeal	Economic or public health offences
267/1995	Appeal	Urban rentals
278/1995	Appeal	Bank secrecy
338/1995	Appeal	Right of asylum
417/1995	Appeal	Extradition
681/1995	Appeal	Conscientious objector status

1994

Rulings	Type	Subject matter
17/1994	Political party	Fascist organisations
150/1994	Sucessive	The Legal Regime governing non-Customs-Related Fiscal Infractions – decriminalising forms of conduct that were previously typified as crimes and turning them into administrative offences instead
195/1994	Appeal	Parliamentary inquiries
204/1994	Appeal	The right to emigrate
479/1994	Preventive	Internal security – crime prevention
507/1994	Appeal	Validity of evidence in criminal proceedings
514/1994	DPR	Public control of the wealth of political officeholders
529/1994	Appeal	Procedural safeguards; the rights of the defence and to a fair trial in civil procedure
549/1994	Appeal	Sentences and security measures with an unlimited or unspecified duration
606/1994	Appeal	Request for a preliminary ruling by the Court of Justice of the European Communities
609/1994	Appeal	Principle of equality – positive discrimination based on gender

1993

Rulings	Type	Subject matter
174/1993	Sucessive	Religious freedom – non-religious nature of public education

1990

Rulings	Type	Subject matter
163/1990	Appeal	Referral for a preliminary ruling by the Court of Justice of the European Communities

1987

Rulings	Type	Subject matter
423/1987	Sucessive	Religious freedom – regulations governing the concordat precept regarding teaching the subject Catholic Religion and Morals in public schools at the various levels of education