Ombudsman requests a review of the constitutionality of article 176-C of the Penal Code, which establishes the crime of acts contrary to sexual orientation, gender identity or gender expression

The Ombudsman has submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of article 176-C of the Penal Code, which establishes the crime of ‘acts contrary to sexual orientation, gender identity or gender expression’. The petition argues that this rule, added by Article 4 of Law 15/2024 of 29 January, does not comply…

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‘More Sustainable Buildings’. Ombudsman suggests review of rejected applications

The Ombudsman’s Office has received numerous complaints about the Support Programme for More Sustainable Buildings 2023 (PAE+S). Although questions of a very diverse nature have been raised, and several are still being analysed, a first critical point has been identified in the exclusion decisions: the change in the criteria relating to the mandatory presentation of the energy certificate. The programme…

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Ombudsman requests review of the constitutionality of the law that restored Casa do Douro as a public association

The Ombudsman submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of the rules of Law no. 28/2024, of 28 February, which restored Casa do Douro as a public association and approved its statutes. The Ombudsman believes that Article 1 of Law 28/2024, which reinstated Casa do Douro as a public association, and…

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National Republican Guard. MNP publishes thematic report on detention conditions and procedures

The National Prevention Mechanism (MNP), which works under the auspices of the Ombudsman, is today publishing a thematic report [link] on detention conditions and procedures at National Republican Guard (GNR) territorial posts, following visits over the last two years. The report, which has already been presented to the Guard Inspectorate, outlines the MNP’s main concerns about material conditions and detention…

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Sewerage services. Ombudsman recommends equality in the application of VAT to the Tax Authority

The Ombudsman has made a recommendation to the Tax and Customs Authority (AT), urging it to review its current interpretation of Article 2(2) of the Value Added Tax (VAT) Code, with regard to the provision of wastewater sanitation services. According to the AT’s position, VAT is not levied on the provision of these services by public entities, unlike if they…

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Right to be forgotten in insolvency proceedings. Ombudsperson makes recommendation to Minister of Justice to ensure protection of personal data

The Ombudsperson has recommended that the Minister of Justice ensure that the Institute for Financial Management and Justice Equipment (IGFEJ) adopts appropriate practices in the face of requests to hide personal data in insolvency proceedings. The law stipulates that access by third parties to data from insolvency proceedings available on the Citius Portal ceases when the proceedings are archived and…

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Accidents at work and occupational diseases. Ombudsperson calls for updating of the way compensation is calculated

The Ombudsperson, Maria Lúcia Amaral, has recommended that the government urgently update the calculation of capital compensation awarded to workers who have suffered an accident at work or occupational disease, so that it reflects both current average life expectancy and interest rates. These two indicators, which are part of determining the amount to be paid, are far out of date,…

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Ombudsman’s Office recommends adequate dissemination of information on the extension of the validity of foreign citizens’ documents

The Ombudsman’s Office is concerned about the lack of protection for migrants with documents that have expired, and calls for the dissemination of information on the subject to be stepped up among public administration services and foreign citizens in Portugal. This concerns the situation of migrants from countries outside the European Union (EU) and applicants for international protection, since a…

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Ombudsman’s Office welcomes increased citizen participation in the Guimarães Municipal Assembly after amendment to the Rules of Procedure

The Ombudsman’s Office welcomes the recent amendment to the Rules of Procedure of the Guimarães Municipal Assembly, which expands citizens’ participation in all sessions of the body, including extraordinary ones. This amendment was approved on 27 September 2024, following an intervention by the Ombudsman’s Office, prompted by a complaint questioning the failure to hold a period for the public to…

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Portuguese Ombudsman celebrates 50 years with conference together with CPLP partners on the role of Ombudsman institutions in the defence of democracy and fundamental rights

On September 27, the Palácio de Vilalva in Lisbon hosted the conference “Five Decades of Freedom and Justice: Celebrating 50 Years of the Ombudsman and April 25”. The event, organized by the Ombudsman’s Office, marked the fiftieth anniversary of the creation of this institution in Portugal. The initiative brought together members of the Network of Ombudsmen, National Human Rights Commissions…

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