PS available to amend 1974 decree-law on demonstration

O secretary-General of the PS said tonight to be available to dialogue and promote any changes to the 1974 decree-law that regulates the right of demonstration, as suggested by the Attorney General of the Republic (PGR).

José Luís Carneiro was asked in Braga by journalists about whether the party is available to promote in Parliament any amendments to the 1974 decree-law, as suggested by the RMP, or whether it should be the Constitutional Court to rule on constitutionality or unconstitutionality of the diploma.

“We must wait for the expression of the will of the majority. There is a political majority in Parliament, there is AD [PSD/CDS-PP] and we must wait. Of course, the PS will be available for this dialogue, with a view to improving this instrument, if that is the majority will of the Assembly of the Republic. We are available”, replied the socialist leader, before participating in a clarification session on the State Budget for 2027, at the headquarters of the Braga District Federation of the PS.

Amadeu Guerra challenged today the Assembly of the Republic to review the 1974 diploma that regulates the right of demonstration, rejecting the request for the review of this decree-law to the Constitutional Court (TC).

“ The legislative amendments cannot go as far as concrete facts are concerned. We must mature this situation and I am convinced that the authority responsible for this, which is Parliament, will mature and think about it. [...] It is a competence of the parliament and the parliament should do so”, defended the RMP, in the margins of a class on asset recovery, at the Faculty of Law of the New University of Lisbon.

The maximum leader of the Public Prosecutor’s Office also argued that, “for the moment”, he does not see “in clear terms that is necessary”, asking the Constitutional Court to monitor the constitutionality of the diploma in question, which has been questioned regarding the camps of the last two weeks in Porto and Lisbon for the right to housing, dispersed with the use of force by the PSP.

“ This law has lived through all these years, has survived, is still in force and so far no one has raised the issue of unconstitutionality. We need to see concrete facts. The law itself may not be unconstitutional, it may be unconstitutional in relation to a specific situation, but, for now, I do not see in clear terms that it is necessary [to ask for the supervision of the diploma]”, he said.

The PSP dispersed on Sunday morning, with batonada and with the use of dogs, demonstrations for the right to housing in Lisbon and Porto, after more than two hours of tension and orders for people to leave and tents to be removed.

The demonstrators did not follow orders, invoking the constitutional right to the demonstration.

The intervention took place after other similar ones in Porto, on October 15, and in Lisbon, on October 20, all of which originated arrests and injuries.

The Public Prosecutor’s Office opened an inquiry into the PSP’s intervention on October 15 in Porto, the Attorney General’s Office of the Republic informed on Friday, adding that in relation to the situation of October 20 in Lisbon had not been “located any inquiry”.

Today, Amadeu Guerra reiterated that the prosecutor opens investigations whenever he understands that there are reasons for this, but asked for “a little calm”.

“The prosecutor has few resources and has many inquiries. [...] We must first consider whether there are clear indications to do the investigations, as we do in any situation. That's what we're doing, calmly. The more we multiply surveys, the more difficulty we have in resolving the whole number of surveys we have in several areas,” he explained.