Constitution of the Portuguese Republic

Body: 

Article 33 (Deportation, extradition and right of asylum) (1) The deportation of Portuguese citizens from Portuguese territory is not permitted. (2) Deportation of anyone who properly entered or is properly remaining in Portuguese territory, has been granted a residence permit or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall assure expedite forms of decision in such cases. (3) The extradition of Portuguese citizens from Portuguese territory is only permissible where an international convention has established reciprocal extradition arrangements, in cases of terrorism or international organised crime, and on condition that the applicant state’s legal system enshrines guarantees of just and fair proceedings. (4) Extradition for crimes that are punishable under the applicant state’s law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, is only permissible if the applicant state is a party to an international convention in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed. (5) The provisions of the previous paragraphs do not prejudice the application of the norms governing judicial cooperation in the criminal field that are laid down within the scope of the European Union. (6) The extradition or handing over of a person under any circumstances for political reasons, or for crimes which are punishable under the applicant state’s law by death or by any other sentence that results in irreversible damage to physical integrity, is not permitted. (7) Extradition may only be ordered by a judicial authority. (8) The right of asylum is guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or the rights of the human person. (9) The law shall define the status of political refugee.

Type of law: 
National constitutional law
Charter article: 
Country: 
Portugal