Portugal
The justice system of Portugal
A unitary republic under the 1976 Constitution: courts that are organs of sovereignty, an autonomous prosecution, and constitutional review done both by every court and by a dedicated Constitutional Court.
Facts on this page were checked against their sources on .
Portugal is a semi-presidential parliamentary republic with a civil-law tradition, governed by the Constitution of 1976. The courts are constitutionally defined as organs of sovereignty "with the competence to administer justice in the name of the people" (Article 202), and Article 203 provides that "the courts are independent and subject only to the law".
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
Sources
Sources
Constitution of the Portuguese Republic (1976, 7th revision 2005) — official English translation
Assembleia da República (Parliament of Portugal) · Legislation · 1976 · link verified 2026-07-26
The Assembly of the Republic's official English translation of the Constitution (seventh revision, Constitutional Law 1/2005), fetched as a PDF and text-extracted, confirmed verbatim in both passes (the Portuguese text was also fetched). Supports Art. 6 ("the state is unitary"; the Azores and Madeira as autonomous regions), Art. 23 (the Ombudsman / Provedor de Justiça), Art. 164(u) and 165(1)(c)+(p) (the security-forces regime, criminal law, and the organisation of the courts and the Public Prosecution Service reserved to Parliament — and, via Art. 227(1)(b), excluded from regional legislation), Art. 202–204 (the courts as organs of sovereignty, independent, with diffuse constitutional review), Art. 209 (the categories of courts: Supreme Court of Justice, Supreme Administrative Court, Court of Auditors), Art. 217–218 (the High Council for the Judiciary), Art. 219–220 (the Public Prosecution Service — "its own statute and autonomy" — and the Prosecutor General's Office), Art. 221–222 (the Constitutional Court, thirteen judges), and Art. 272(4) ("each such force shall have a sole organisational structure for the whole of Portuguese territory").