Country

Portugal

Detention issue

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
Law 115/2009 that approves the Code on the Enforcement of Custodial Sentences and Measures (Lei n.º 115/2009, que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade)The purpose of executing custodial sentences and security measures is to reintegrate the detainees into society, preparing them to lead socially responsible lives without committing crimes, to protect legal assets and to safeguard society. Additionally, the execution must be guided by the principle of individualization of custodial treatment, based on an assessment of the needs and risks, and consists of a set of activities and programmes aimed at preparing the detainee for freedom, developing their responsibilities, and acquiring skills for a socially responsible life, and to provide for their needs after release, in a programmed and phased manner, favouring the progressive approach to free life, through the necessary changes in the execution regime. To ensure this, detainees have the right to participate in work, education, training, religious, socio-cultural, civic and sporting activities and programmes aimed at treating specific problems.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022The percentage of detainees enrolled in educational activities is quite low in some establishments. In the smaller establishments, the NPM observed constraints in offering educational activities due to the requirement of a minimum of 15 students to organize a class. The impact of the pandemic was still evident in in 2022, affecting job opportunities. Many companies that provided work for detainees suspended their activities during the pandemic and had not yet resumed it, with some closing down. Similarly, several protocols between establishments and local authorities were suspended. Report details