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Constitution of the Portuguese Republic


Article 20 (Access to law and effective judicial protection) (2) Everyone has the right, in accordance with the law, to legal advice and information, as well as to legal aid, and the right to be assisted by a lawyer before any authority. Article 31 (Habeas corpus) (1) Habeas corpus shall be available to counter the misuse of power in the form of illegal arrest, imprisonment or detention. Application for it shall be made to the competent court. (2) Application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen exercising his political rights. (3) Within eight days of an application for habeas corpus the judge shall rule thereon in a hearing that shall be subject to pleading and counter-pleading. Article 32 (Safeguards in criminal procedures) 1. Criminal proceedings shall ensure all necessary safeguards for the defence, including the right to appeal. (2) Every defendant shall be presumed innocent until his sentence has transited in rem judicatam, and shall be brought to trial as quickly as is compatible with the safeguards of the defence. (3) Defendants shall possess the right to choose counsel and to be assisted by him in relation to every procedural act. The law shall specify those cases and phases of proceedings in which the assistance of a lawyer shall be mandatory. (10) Defendants in proceedings concerning administrative offences or in any proceedings in which penalties may be imposed shall possess the right to be heard and to a defence.