Repeals Decree 35 106, Of 6 November 1945

Original Language Title: Revoga o Decreto n.º 35 106, de 6 de Novembro de 1945

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DRAFT LAW N° 136/X  Revokes Decree n⺠35,106, 6 of the draft law ° 136/X Revokes Decree n⺠35,106, of 6 November 1945 (regulating the long occupation and assignment of houses intended for family read poor) Decree-Law nº 310/88, of September 5, came to determine the form of construction of homes for sale by city pios pursuant to Decree n⺠34,486 , 6 April 1945. It is recalled that through this degree if authorized the Government to promote the construction, within five years, and by using the administrative bodies and dio © Mercy ³ rdias, of 5,000 houses for the accommodation of family read in population centers of the Mainland and Islands.

Expressly repealed by article 22° of Decree-Law nº 310/88, this € œ velhoâ €  â diploma of 1945 was regulated by Decree nº your 35,106, of November 6, â € œ inserts multiple wrapping µ s on is long occupation and assignment of houses intended for family pobresâ €  lias.

This last diploma, is not expressly repealed by any legislation, unlike what happened with the Decree-Law Nr 34,486, µ and your article has 12⺠that the occupants of the building of houses by city pios pursuant to Decree n⺠34,486, can be displaced where there is not the need to occupy the House or if œ become unworthy of € â right of long occupation that was concedidoâ € .

2 Moreover, paragraph 1 of the same article lists then a set of µ s situation especially applicable to residents and that, at least, are of doubtful constitutionality.

Moreover, as if unit measures what is € œ indignoâ €  â and determining the possible eviction, as it establishes the body of the article?

Regardless of the discussion jurà tip about whether certificate revocation expressed a certain degree (Decree n⺠34,486, in this case) implies automatically the certificate revocation of all legislation, in particular regulation that it is affects, we consider that this regulation being applied does not expressly repealed, and containing her few pious princà violators of fundamental rights of citizens , Is the certificate revocation expressed this diploma the best option to clarify once this situation.

Stipulates the 65° article of the Constitution of the Portuguese Republic â € œ all have the right, for you and your family, to a housing of dimension adequadaâ € , leaving it to the State to ensure that right. In addition, the princà peep out of equality between the citizens enshrined in article 13° of CRP provides that all citizens have the same social dignity and are equal before the law.

â € œ no one may be privileged, benefited, harmed, deprived of any right or exempt from any duty in reason of ascendÃ, sex, race, language, territory by ³ River of origin, religion, convictions of µ s Poland practices or ideological ³ gicas, statement, economic situation ³ mica or socialâ condition € .

This is an princà pio constitutional system structuring Portuguese, actually is inherent in a rule of law. 3 the prohibition of arbà trio is an external limit freedom of conformaà or of the decision of the public powers, following the princà pio of equality as pio princà negative control (see Vital Moreira, Garcia Canotilho, Constitution of the Portuguese Republic, Annotated).

For your part, the right to housing is embodied the right to not be arbitrarily deprived of housing and the right to get it, with the requirement of the measures and provide for appropriate State is µ s your lifetime achievement. It is a right analogous to the rights, freedoms and guarantees and a social right constitutionally provided.

Being, the µ g/s, the intention of the parliamentary group of the PCP promote express certificate revocation of the Decree nº 35,106, of 6 November 1945, it should make clear what is our central concern to avoid creating a possible legal vacuum with regard to â € œ wrapping µ s on is long occupation and assignment of casasâ €  of social housing that that Decree was intended to regulate.

Thus, revoked the Decree nº 35,106, 6 November, the µ s objective conditions that will be able to determine the long occupation and the desocupaà of fires and, consequently, the establishment and the resolution of their contracts, established under Decree n⺠34,486, of 8 April 1945, regulated by Decree nº 35,106 , of 6 November, be governed by the existing legislative framework that regulates the urban leases.

The utilization of 35,106 Decree of 6 November 1945, that started to have an application frequently and heavily contested in the City port from pio years of 2002 and 2003, motivated initiative 1 4 of the parliamentary group of the CFP, in June 2003, during the legislative session 2⪠the 9th parliamentary term, where already expected the certificate revocation of that legislation in 1945. This was actually is a legislative initiative in which the PCP was pioneering at the time, having been the first party to take a concrete piece of legislation aimed at eliminating the municipal actuaà supported by a legal framework clearly unconstitutional and that allows eviction or administrative evictions executed summarily by mere indication and standalone order is rquica.

Once the 9th parliamentary term was interrupted by the decision of the President of the Republic to dissolve the Assembly of the Republic and of mark µ s legislative election anticipated, this initiative of the parliamentary group of the PCP (draft Law 328/IX) expired, not having come to be discussed.

However, and since the X Term, the situation has not been changed. In the City's port has pursued the pious use of 35,106 Decree of 6 November 1945, in other city the Paà 's principles continue to be also recurrently used some of that legislation which, unquestionably, conflict with the right of citizens is impugnaà of administrative acts and not allow the courts to enjoy in a timely manner and useful, the existence, or not, reason enough for the resolution of lease agreements.

In these terms, the Members of the parliamentary group of the CFP feature the following Bill: 5 Article 1

Is ‰ revoked the Decree nº 35,106, of 6 November 1945, â € œ inserts multiple wrapping µ s on is long occupation and assignment of houses intended for family pobresâ €  lias.

Article 2nd the resolution of contracts established under Decree n⺠34,486, of 8 April 1945, governed by the stipulated in the legislation of the urban rent Regime.

Assembly of the Republic, July 11 2005 Members