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Constitution of the Portuguese Republic


Article 26 (Other personal rights) (1) Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination. (2) The law shall lay down effective guarantees against the procurement and misuse of information concerning persons and families and its use contrary to human dignity. Article 34 (Inviolability of home and correspondence) (1) Domiciles and the secrecy of correspondence and other means of private communication shall be inviolable. (2) Entry into a citizen’s home may only be ordered by the competent judicial authority and then only in such cases and in compliance with such forms as may be laid down by law. (3) No one shall enter any person’s home at night without his consent, save in situations of flagrante delicto, or with judicial authorisation in cases of especially violent or highly organised crime, including terrorism and trafficking in persons, arms or narcotics, as laid down by law. (4) The public authorities shall be prohibited from interfering in any way with correspondence, telecommunications or other means of communication, save in such cases as the law may provide for in relation to criminal proceedings.