Legal: Legal reforms news in Portugal

The government aims to unlock the sale of undivided inheritances (heranças indivisas) to help reduce the number of vacant properties across the country. A new legal regime is being proposed that would allow a single heir to force the sale of inherited real estate, a move that the High Council of the Magistracy (Conselho Superior da Magistratura) warns could increase litigation.

A Portuguese court has ordered the preventive detention of a French mother and her partner after they allegedly abandoned her two young sons on a roadside near Alcácer do Sal. The couple, identified as Marine Rousseau and Marc Ballabriga, face charges of aggravated abandonment, with the stepfather also accused of physical assault. The children are currently in the care of Portuguese authorities while the legal process determines if the parents will be tried in Portugal or extradited to France.

Update: Stepfather filmed assaulting child in café

New evidence has emerged in the case, including footage from a local café showing the stepfather assaulting one of the young children. This discovery has strengthened the charges of qualified physical assault against him as the couple remains in pre-trial detention.

The Public Prosecutor's Office (Ministério Público or MP) has charged 31 individuals, including a consular employee, for their involvement in a fraudulent immigrant legalisation network. The group allegedly generated nearly 21 million euros through crimes including document forgery, corruption, and money laundering to bypass official processes.

The government's proposal to reform the Court of Auditors (Tribunal de Contas or TdC) passed in parliament with support from the PSD, CDS-PP, and the Liberal Initiative (Iniciativa Liberal or IL). The Socialist Party (Partido Socialista or PS) abstained, allowing the bill to proceed to the committee stage despite internal disagreements over the proposed changes to prior control measures.

The Court of Appeal has validated evidence of corruption and other crimes against Pedro Calado, a key figure in the case that led to the resignation of the Madeira regional government. In a separate incident, the mayor of Vila do Conde, Isaac Braga, has resigned from his position following allegations of personal spending using parish council funds.

The government is pushing for a reform that would eliminate the mandatory prior visa (visto prévio) for most public contracts under 10 million euros. While the ruling parties support the move to reduce bureaucracy, the Socialist Party (Partido Socialista or PS) and other opposition groups have expressed concerns regarding the potential for increased corruption and reduced transparency.

Portugal's revised Nationality Law (Lei da Nacionalidade) took effect on May 19, 2026, introducing stricter residency requirements for those seeking citizenship. Citizens from the Community of Portuguese Language Countries (Comunidade dos Países de Língua Portuguesa or CPLP) and the European Union now face a seven-year residency threshold, while other nationals must wait ten years.

The United Nations High Commissioner for Refugees (UNHCR) and the Portuguese Refugee Council (Conselho Português para os Refugiados or CPR) have criticized a government proposal regarding the return of foreign nationals. The bill, which faces parliamentary debate, maintains a 360-day detention limit but introduces new coercive measures like bail, which critics argue violates international standards.

The president of the Constitutional Court (Tribunal Constitucional), José João Abrantes, has announced his resignation for personal and institutional reasons. André Ventura, leader of the Chega party, has alleged that the resignation stems from pressure by the Socialist Party (Partido Socialista or PS) and is calling for an immediate election of new judges.

Update: Resignation triggers scramble for new Constitutional Court judges

The resignation of José João Abrantes has accelerated the timeline for electing four new judges to the court. While the PS has denied the allegations of pressure, the vacancy allows the party to nominate a new judge, potentially shifting the court's internal balance. André Ventura is now pushing for the parliamentary conference of leaders to convene this Wednesday to initiate the selection process.

The Institute of Registries and Notaries (Instituto dos Registos e do Notariado or IRN) has clarified that the recently approved Nationality Law applies exclusively to new applications submitted after its enactment. Applications filed prior to the new law will continue to be reviewed under previous criteria, including existing residency requirements. This confirmation follows public questions regarding the impact of the legislative changes on pending nationality requests.

André Ventura, leader of the Chega party, is insisting that Parliament reconfirm a decree allowing the loss of nationality as an accessory penalty for serious crimes, despite the Constitutional Court (Tribunal Constitucional) twice declaring the measure unconstitutional. While the Social Democratic Party (Partido Social Democrata or PSD) has stated it will not provoke an institutional conflict over the matter, Ventura plans to raise the issue in upcoming meetings with the Prime Minister. The debate continues as the government navigates these legal challenges alongside other legislative priorities.

The Court of Auditors (Tribunal de Contas or TdC) has identified illegalities regarding the appointment of at least 49 managers at the Oeiras City Council (Câmara de Oeiras). These officials have been serving in acting roles beyond the 90-day legal limit without the required public tender procedures. The TdC report suggests these findings could lead to future disciplinary action against those responsible for human resources management.

The Chega party has formally submitted a proposal for a parliamentary inquiry into Operation Influencer, focusing on the actions of former Prime Minister António Costa. The party claims that recently disclosed wiretaps contradict previous statements made by the former leader regarding projects in Sines and lithium mining concessions.

Update: PSD blocks Chega's proposed inquiry commission into Operation Influencer

The Social Democratic Party (Partido Social Democrata or PSD) has announced it will not support the parliamentary inquiry proposed by Chega. The PSD argues that political bodies should not interfere in ongoing judicial investigations, particularly those involving sensitive evidence currently under judicial secrecy.

The Public Prosecution Service (Ministério Público or MP) has proposed reforms to the Code of Criminal Procedure to streamline investigations, including granting prosecutors authority to select emails for evidence without initial judicial oversight. The director of the Central Department of Investigation and Penal Action (Departamento Central de Investigação e Ação Penal or DCIAP), Rui Cardoso, stated these changes aim to prevent years-long delays in complex cases.

The Porto City Council (Câmara Municipal do Porto) has unanimously approved a study on electric scooter accidents following the death of a 25-year-old woman. The study aims to collect data on accidents and formulate recommendations to improve safety for users of this transport mode.

A strike by public prosecution magistrates led to court closures across the country, with participation rates estimated between 75% and 80%. The protest, driven by demands for better working conditions and staffing, forced the postponement of the Operation Babel ruling until May 8th.

The Tax Authority (Autoridade Tributária e Aduaneira or AT) will restore benefits to taxpayers whose disability ratings were reviewed to below 60% before the end of 2023. This decision follows recent court rulings that challenged the progressive loss of tax benefits for individuals with disabilities.

The Socialist Party (Partido Socialista or PS) and the Left Bloc (Bloco de Esquerda or BE) have introduced separate bills to ensure political party donors are publicly identified. This move follows a decision by the Entity for Political Accounts and Financing (Entidade das Contas e Financiamentos Políticos or ECFP) to restrict access to donor identities citing data protection laws. The proposed legislation seeks to classify this information as a matter of public interest.

Legal professionals are denouncing the Agency for Integration, Migration and Asylum (Agência para a Integração, Migrações e Asilo or AIMA) for failing to pay for services rendered. Lawyers hired to analyze migration cases report thousands of euros in outstanding payments, noting the situation deteriorated following the conclusion of a specific task force. The president of AIMA stated that approximately 200,000 euros remain to be settled.

The Superior Council of Administrative and Tax Courts (Conselho Superior dos Tribunais Administrativos e Fiscais or CSTAF) has formally refuted claims made by former Prime Minister José Sócrates regarding the scheduling of his lawsuit against the State. The judicial body denied allegations that the court's timing was influenced by fear of the European Court of Human Rights. The case is set to proceed in May.

A new decree-law now reinforces the right to be forgotten for individuals who have overcome cancer or other serious illnesses. Under the updated rules, applicants are no longer required to disclose past serious health conditions when taking out insurance associated with housing or consumer credit. The measure aims to prevent discrimination in the financial sector for those in remission.

The government has submitted a legislative proposal to Parliament aimed at resolving issues with undivided inheritances (heranças indivisas). If approved, the law would allow a single heir, a spouse married under a community of property regime, or an executor to unlock the sale of inherited properties. The initiative is part of a broader effort to increase housing supply in the market.

The Public Prosecution Service has archived the inquiry into alleged harassment at the Centre for Social Studies (Centro de Estudos Sociais or CES) of the University of Coimbra. The decision follows the expiration of the six-month legal window for victims to file formal complaints regarding the alleged conduct.

The Braga Hospital, a surgeon, and an insurance company have been ordered to pay 132,000 euros in damages to the parents of a 33-year-old patient who died following surgery. The court ruled that the surgeon failed to address post-operative complications, specifically an untreated abscess, which constituted medical malpractice.

José Ornelas, president of the Portuguese Episcopal Conference (Conferência Episcopal Portuguesa or CEP), stated that taxing compensation payments for victims of sexual abuse within the Catholic Church is ethically unacceptable. He confirmed that the CEP is currently working to address the issue, arguing that these reparations should remain tax-exempt. Ornelas also recently criticized the use of religious rhetoric to justify hate speech or the exclusion of minorities.

Portugal, Spain, and Morocco have signed a memorandum of understanding in Rabat to streamline judicial cooperation for the 2030 World Cup. The agreement, signed by Portuguese Justice Minister Rita Alarcão Júdice, aims to ensure the immediate resolution of potential incidents and commercial disputes during the tournament.

The Portuguese Parliament has approved a new Penal Code amendment that allows judges to strip acquired nationality as an accessory penalty for certain crimes, including drug and arms trafficking. The measure passed with support from the PSD, Chega, IL, and CDS-PP, though the Socialist Party (PS) is currently evaluating whether to request a review by the Constitutional Court. Critics argue the law retains significant legal issues previously identified by the court, while supporters describe the agreement as a positive step.

A coalition of over 80 organizations and 23,000 citizens has submitted a legislative initiative (iniciativa legislativa) to the Assembly of the Republic (Assembleia da República). The proposal aims to close legal loopholes by criminalizing all forms of discriminatory practice and racism. Supporters argue that current laws are ineffective at ensuring equality and justice for marginalized groups.

A new government proposal aims to reform inheritance laws by strengthening the power of testators to define how their assets are divided among heirs. The change would allow individuals to specify which specific properties or assets go to which heirs within the legitimate portion (legítima), a restriction that currently limits estate planning. Property owners should note that the reform also seeks to reduce the number of undivided inheritances (heranças indivisas) that often lead to legal deadlocks.

Chega leader André Ventura committed to starting a constitutional review (revisão constitucional) in parliament before the end of the year. The proposed changes include increasing penalties for serious crimes and removing references to socialism from the national constitution. Residents should note that any revision requires a two-thirds majority, necessitating a broad agreement between political parties.

The government approved reforms to succession law to prevent properties from being stuck in undivided inheritances (heranças indivisas). Under the new rules, a single heir can initiate a sale after a two-year deadlock, and the deadline to accept an inheritance will drop from ten years to two. Property owners and heirs should note these changes aim to increase housing supply by resolving long-standing family disputes.

The Social Democratic Party (Partido Social Democrata or PSD), Chega, and the CDS-PP have agreed to change rules regarding gender identity in the civil registry (registo civil). The new measures require medical validation for adults to change their legal name or gender and ban hormonal therapies for minors. The proposals now move to the committee stage for further discussion.

The Speaker of Parliament (Presidente da Assembleia da República), José Pedro Aguiar-Branco, has admitted a bill from the Chega party that proposes raising the maximum prison sentence from 25 to 40 years. While allowing the bill to proceed, José Pedro Aguiar-Branco noted potential constitutional problems that require strict scrutiny by parliamentary committees. Separately, a report concluded that Socialist deputy Eva Cruzeiro breached her duties by calling Chega members racists during a session, though no legal sanction is possible.

The Order of Psychologists (Ordem dos Psicólogos) has labeled recent changes to the gender identity law a scientific setback because they require medical validation for changing name and gender in the civil registry (registo civil). In response, the Bloco de Esquerda (BE) asked the United Nations to investigate potential human rights violations resulting from the legislation supported by the right-wing majority. Those following civil rights legislation should note that the BE argues the law restricts the fundamental right to self-determination.

The President of the Assembly of the Republic signals “constitutional problems” in Chega's bill to increase the maximum limit of the joint prison sentence from 25 to 40 years.

The Bar Association (Ordem dos Advogados or OA) has changed how court-appointed lawyers (advogados oficiosos) are selected for high-complexity trials. The General Council will now handle these appointments directly, replacing the previous system of random draws by regional councils. This change follows delays in the Operation Marquis (Operação Marquês) case involving former Prime Minister José Sócrates, where frequent lawyer changes have slowed judicial proceedings.

The Social Democratic Party (Partido Social Democrata or PSD) proposed a law to suspend the statute of limitations (prazos de prescrição) when a defendant changes lawyers. The move aims to prevent “dilatory maneuvers” used to delay trials, citing the long-running case of former Prime Minister José Sócrates as an example. Those following the legal system should note the proposal targets the “carousel” of lawyer resignations that can lead to cases expiring.

The government is preparing changes to housing policy that would allow one heir to force the sale of an inherited property even if others disagree. The plan also includes measures to accelerate evictions for non-compliance to encourage more owners to put houses on the rental market. While the government is ending the previous policy of forced leasing (arrendamento forçado), critics argue the new “forced selling” measure is equally controversial. Property owners and heirs should be aware of these upcoming legal shifts.