Country

Portugal

Detention issue

Juvenile prisoners

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
Educational Guardianship Law 1999 (Lei n.º 166/99 que aprova a Lei Tutelar Educativa)The law rules upon practical measures to be applied to children aged between 12 and 16 who have been charged with committing crimes. The law provides for different measures including confinement in educational centres for young boys or for young girls.
Decree-Law 401/82 (Decreto Lei nº 401/82 institui o regime aplicável em matéria penal aos jovens com idade compreendida entre os 16 e 21 anos)The regime is applicable in criminal matters to youngsters aged between 16 and 21 years old.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM report included the following recommendations regarding juvenile educational centres: That the (re)opening of an educational centre exclusively for young women is considered. That two of the main innovations introduced by the changing of the Educational Guardianship Law are concretised, i.e. the ‘intensive supervision period’ and the post-detention follow-up. That the reinstatement of the special career of social reintegration worker into our legal framework is considered. Report details
2020The NPM's report mentions that, in most establishments, there is no real separation between adult and child detainees. Report details