Key Benefits:
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Proposal for Law No. 243 /X/4.
Exhibition of Motives
Defined as a priority in the Government Programme, and also provided for in the Great
Plan options for the period from 2005 a to 2009, the reorganization of the upper structure of the
National Defence and the Armed Forces constitute an imperative that stems from the
need for adaptation of the structure of National Defence and the Armed Forces to the
structural changes occurring in the external and internal order to ensure the best
political and institutional conditions for the exercise of their defence missions of the
territorial integrity, national independence and state sovereignty.
In the external order, the international strategic environment, which determines the definition of the
priorities of national defense policy, radically altered since the end of the War
Cold and, in particular, after the September 11, 2001.
The new international security framework and the corresponding priorities of Defence
National point, necessarily, for a wider and integrated design of the
security and defense policies with deep reflections in strategic doctrine and
operational, in the definition of the command and control structures and in the missions of the
Armed forces. As a result of this new framework, the Portuguese Armed Forces
went on to carry out new international military missions, at risk theatres, which require
an adaptation, at all levels, of the structure of military forces.
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In the internal plan, the current superior structure of National Defence and the Armed Forces
expressed in the legal framework in force, reflects, in part and still today, a solution
stemming from a political context marked by the conditions of the transition period
constitutional.
The National Defense and Armed Forces Act, passed by Law No. 29/82, of 11 of
December, without a doubt, constitutes a basilar diploma from our legal and a
key milestone in the consolidation of Portuguese democracy.
However, after 26 years, it is an instrument that lacks updating, pese though the
changes introduced by Laws No 41/83 of December 21, paragraph 111/91, 29 of
August, paragraph 113/91, of August 29, para. 18/95, of July 13, and by Organic Laws
n ° 3/99 of September 18, paragraph 4/2001, August 30, para. 2/2007, April 16.
Thus, the separation, already initiated in previous revisions to the law, between the upper structure of the
National Defence and the organisation of the Armed Forces, alongside the definition of the principles
fundamental of the national defence policy, the powers of the President of the Republic, of the
Assembly of the Republic and the Government and of the rights, freedoms and guarantees, constitute
relevant aspects of the update made by this proposed law.
In the plan of the definition of the fundamental principles of national defense policy, the
present proposal of law sets out the objectives of National Defence-as a guarantor of the
sovereignty of the state, national independence and territorial integrity-as well as
sets out its general principles, in the defence of national interests and in compliance
of the international commitments of Portugal.
In the plan of the definition of the competences of the President of the Republic, of the Assembly of
Republic and the Government, is preserved the essential balance between the three organs of
sovereignty. At the same time, the new practices are entered in the present law
imposed by the realization of the international military missions and the new threats,
specifically the right of the President of the Republic to be informed by the Government
on the employment of the Armed Forces, either in external missions or in internal missions.
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In the plan of the definition of rights, freedoms and guarantees, the essentials of the texts remain
in force, in line with the new Regulation of Military Discipline.
The present proposed National Defence Act, following the guidelines expressed in the
Resolution of the Council of Ministers No 39/2008 of February 28 for the reorganisation
of the superior structure of the national defence and the Armed Forces, thus ensures the appropriate
articulation and coherence with the defined solutions.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
National Defense Law
CHAPTER I
General principles
Article 1.
National defence
1-A The national defence has for objectives to guarantee the sovereignty of the State, the
national independence and the territorial integrity of Portugal, as well as ensuring the
freedom and the security of populations and the protection of the fundamental values of the
constitutional order against any external aggression or threat.
2-A national defence still ensures compliance with international commitments
of the State in the military domain, in accordance with the national interest.
Article 2.
General principles
1-Portugal defends the principles of national independence and equality of the
States, respect for human rights and international law and resolution
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peaceful international conflicts and contributes to security, stability and peace
international.
2-A Portuguese Republic defends national interests by all means
legitimate, in and out of its territory, of the exclusive economic zone, of the funds
contigued marine and air and maritime space under their responsibility.
3-A The safeguarding of the life and interests of the Portuguese is also an interest
national that the state defends in an autonomous or multinational framework.
4-In the exercise of the right of self-defence, Portugal reserves the recourse to war for
the cases of actual or imminent assault.
Article 3.
National defence and international commitments
National defence shall also be ensured and exercised in the framework of the commitments
international assumed by the Portuguese state in the pursuit of national interest.
CHAPTER II
National defence policy
Article 4.
Components of national defence policy
National defence policy integrates principles, objectives, guidelines and priorities
defined in the Constitution, in this Law, in the Government's programme and in the concept
strategic national defense.
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Article 5.
Permanent objectives of national defence policy
The national defence policy aims to ensure, permanently and with a national character:
a) The sovereignty of the State, the national independence, the integrity of the territory and the
fundamental values of the constitutional order;
b) The freedom and security of populations, as well as their assets and the protection of the
national heritage;
c) The freedom of action of the organs of sovereignty, the regular operation of the
democratic institutions and the possibility of carrying out the functions and tasks
essential of the State;
d) Ensuring the maintenance or restoration of peace in conditions that
correspond to national interests.
Article 6.
Key guidelines of national defence policy
The fundamental guidelines of national defence policy are set out in the programme of the
Government, in obedience to the fundamental principles and the permanent objectives
defined in the Constitution and in this Law.
Article 7.
Strategic concept of national defence
1-The strategic concept of national defence sets out the priorities of the State in the matter
of defence, in accordance with the national interest, and is an integral part of the defence policy
national.
2-The strategic concept of national defence is approved by resolution of the Council of
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Ministers, on a joint proposal by the Prime Minister and the Minister of National Defence,
heard the Superior National Defense Council and the Council of Chiefs of Staff.
3-The great options of the strategic concept of national defence will be the subject of debate
in the Assembly of the Republic, on the initiative of the Government or of a parliamentary group,
previously to their adoption.
CHAPTER III
Responsibilities of the organs of the State
Article 8.
Responsible bodies in national defence
1-Are directly responsible for the national defence:
a) The President of the Republic;
b) The Assembly of the Republic;
c) The Government;
d) The Higher Council of National Defence;
e) The Military Top Council.
2-In addition to the organs referred to in the preceding paragraph, they are directly responsible for the
Armed forces and by the military component of national defense:
a) The Council of Chiefs of Chiefs of Staff;
b) The Chief of the State-General of the Armed Forces;
c) The Joint Chiefs of Staff of the Armada, the Army and the Air Force.
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Article 9.
President of the Republic
1-The President of the Republic represents the Portuguese Republic, guarantees independence
national, the unity of the state and the smooth functioning of democratic institutions and is,
by inertia, the Supreme Commander of the Armed Forces.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent upon the President of the Republic, in national defence matters:
a) Exercise the duties of Supreme Commander of the Armed Forces;
b) Declare war, in the event of actual or imminent aggression, and make peace, under
proposal of the Government, heard the Council of State and upon authorization of the
Assembly of the Republic, or, when the latter is not reunited, nor is it possible to
your immediate meeting, from your Standing Committee;
c) Taking over the top direction of the war, in conjunction with the Government, and contributing
for the maintenance of the spirit of defence;
d) Declare the state of site and the state of emergency, heard the Government and upon
authorization of the Assembly of the Republic, or, when the latter is not assembled, nor
it will be possible for your immediate meeting, of your Standing Committee;
e) Ratify the international treaties in which the State assumes responsibilities
international in the field of defence, in particular the treaties of participation of
Portugal in international security and defence organizations, as well as the
peace treaties, defence, border rectification and those relating to matters
military;
f) Presiding over the National Defence Council;
g) Nominate and exonerate, on a proposal from the Government, the Chief of the State-Major-General
of the Armed Forces, as well as, heard the Chief of the State-Major-General of the
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Armed forces, the Joint Chiefs of Staff of the Armada, the Army and the Force
Air.
Article 10.
Supreme Commander of the Armed Forces
1-The duties of supreme commander of the assigned Armed Forces
constitutionally by inherence to the President of the Republic understand the rights and
following duties:
a) A duty to contribute, within the framework of their constitutional powers, to
ensuring the allegiance of the Armed Forces to the Constitution and institutions
democratic;
b) Right to be informed by the Government about the situation of the Armed Forces;
c) Right to be informed by the Government, by means of reasoned communication,
on the employment of the Armed Forces in missions involving the collaboration
with the forces and security services against aggressions or threats
transnational;
d) A duty to advise in private the Government about the conduct of the policy of
national defense;
e) Consult the Chief of the State-General of the Armed Forces and the Heads of
General Staff of the Armada, Army and Air Force in defence matters
national;
f) Confer, on their own initiative, military decorations;
g) Right to occupy the first place in the hierarchy of the Armed Forces.
2-The employment of the Armed Forces in military operations abroad of the territory
national is always preceded by reasoned communication from the Prime Minister.
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Article 11.
Assembly of the Republic
Without prejudice to other skills assigned to it by the Constitution or by the law,
compete for the Assembly of the Republic, in national defence matters:
a) Authorize the President of the Republic to declare war and make peace;
b) Authorize the President of the Republic to declare the state of site and emergency;
c) Approve the international treaties in which the State assumes responsibilities
international in the field of defence, in particular the treaties of participation of
Portugal in international security and defence organizations, as well as the
peace treaties, defence, border rectification and those relating to matters
military;
d) To appreciate the fundamental orientations of the national defence policy set out in the
government program and debate the great options of the strategic concept of
national defense;
e) Legislate on the organization of national defence and the definition of her duties
stemming;
f) Legislate on the general bases of the organisation, operation, reequipment
and of the discipline of the Armed Forces;
g) Legislate on restrictions on the exercise of rights by military and militarized agents
in effective exercise;
h) Legislating on the limits of territorial waters, the exclusive economic zone and the
rights of Portugal on contigued marine funds;
i) Legislate on the definition of crimes of a strictly military nature and their respective
feathers;
j) Legislate on the status of the military condition, in particular with regard to the
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rights and duties of the military and to the guiding principles of their respective
careers;
l) Legislate on the mobilization and requisition regime;
m) Legislate on military servitude and other restrictions on the right of ownership by
grounds relating to national defence;
n) Legislate on the organisation, operation, competence and process of the
military courts to function in time of war, as well as on the status of the
respective judges;
o) To scrutinise the action of the Government in the exercise of its competences in relation to
national defence and the Armed Forces;
p) Follow up the participation of outstanding deployments of the Armed Forces in operations
military on the outside of the national territory;
q) Electing, by a two-thirds majority of MPs present in excess of the majority
absolute of Members in effectivity of duties, two deputies for members
of the Higher Council of National Defence.
Article 12.
Government
1-The Government is the driving body for national defence policy and the Armed Forces
and the top body of administration of national defence and the Armed Forces.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Council of Ministers, in matters of national defence, in the political sphere and
legislative:
a) To propose to the President of the Republic the declaration of war and the feading of peace;
b) Be heard in advance of the declaration of the state of site and the state of emergency;
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c) Negotiate and adjust the international treaties in which the State assumes
international responsibilities in the field of defence, namely treaties
of participation of Portugal in international security and defence organizations,
as well as the treaties of peace, defence, border rectification and the
relating to military affairs;
d) Legislate in matters not reserved to the Assembly of the Republic or, under authorization
of this, on materials integrated in the respective relative reserve, namely the
referred to in points i) , j) , l) , m) and n) of Article 11;
e) Submit proposals for law to the Assembly of the Republic;
f) To approve the fundamental guidelines of national defence policy, to be included in its
program, and ensure all the indispensable conditions for its implementation, in the
framework of the State Budget and the laws of military programming;
g) Approve the strategic concept of national defence;
h) Determine the mobilization of citizens for national defence;
3-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Government, in matters of national defence, in the administrative scope:
a) Ensuring compliance with the Constitution and laws relating to national defence and the
Armed forces, notably by making the necessary regulations to their good
execution;
b) Without prejudice to the competence of the Assembly of the Republic, to guide and scrutinize the
implementation of the military programming law and the Armed Forces budget, well
as the respective heritage management, overseeing the exercise of the
own and delegated powers of the Joint Chiefs of Staff in respect of
financial administration;
c) Ensuring that national defence is exercised by benefiting from the activities of
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information from the competent bodies of the Republic Information System
Portuguese (SIRP) and the Armed Forces, under the law;
d) Ensure the capacity, means and preparedness of the Armed Forces for the
compliance with its missions;
e) To propose to the President of the Republic the appointment and exoneration of the Chief of the
State-Major-General of the Armed Forces and the Joint Chiefs of Staff
Armed, of the Army and the Air Force;
f) Directing the organs and services of direct administration and exercise guardian and
oversight over those of the indirect administration of national defence;
g) Apply for movable and immaterial goods, materials and immaterial, indispensable for the
national defense;
h) Approve the mechanisms that ensure cooperation between the Armed Forces and the
forces and the security services, with a view to the conjugated fulfilment of the
its missions in the framework of combating transnational aggressions or threats.
Article 13.
Prime Minister
1-The Prime Minister directs the policy of national defence and the Armed Forces, well
as the functioning of the Government in that matter.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Prime Minister, in national defence matters:
a) Participate in the National Defence Council;
b) Directing the interministerial activity of enforcement of national defence policy and of the
Armed forces;
c) Informing the President of the Republic of the policy and decisions in the matters of
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national defence and the Armed Forces;
d) Without prejudice to the provisions of the preceding paragraph, the employment of Armed Forces in
military operations abroad of the national territory is always preceded by
reasoned communication from the Prime Minister to the President of the Republic;
e) Informing the President of the Republic, through reasoned communication, about
the employment of the Armed Forces in missions involving the collaboration with the
forces and security services against aggressions or transnational threats;
f) To propose to the Council of Ministers, jointly with the Minister of Defence
National, the appointment and exoneration of the Chief of the General Staff of the
Armed Forces and the Joint Chiefs of Staff of the Armada, Army and the Force
Air;
g) To propose to the Council of Ministers, in conjunction with the Minister of Defence
National, the approval of the strategic concept of national defense.
3-The Prime Minister may delegate, in whole or in part, the competence referred to in the
point ( b) of the previous number in the Minister of National Defence.
Article 14.
Minister of National Defence
1-The Minister of National Defence ensures the drafting and implementation of the policy of defence
national and the Armed Forces and is politically responsible for the military component of the
national defence, by the employment of the Armed Forces and by their capabilities, means and
preparedness.
2-Compete, in particular, to the Minister of National Defence:
a) Present to the Council of Ministers all proposals regarding the matter of the
competence of this body in the fields of national defence and the Armed Forces,
including its military component;
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b) Participate in the National Defence Council;
c) Presiding over the Military Superior Council;
d) Directing the interministerial activity of enforcement of national defence policy and of the
Armed forces, by delegation of the Prime Minister;
e) Approve the military strategic concept drawn up by the Council of Heads of
General Staff, in accordance with the strategic concept of national defence referred to in the
article 7;
f) Coordinate and guide the actions necessary to ensure compliance with
military commitments resulting from international agreements, namely the
participation of outstanding deployments of the Armed Forces in military operations in the
exterior of the national territory;
g) Coordinate and guide relations with counterparts ministries and military institutions
foreigners and with international organizations pursuing assignments in
military matter, without prejudice to the competence of the Minister of Business
Foreigners;
h) Guiding the drafting of the national defence budget and the Armed Forces, well
as per the laws of military programming, and guide and scrutinize the respective implementation
and heritage management;
i) To propose to the Council of Ministers, jointly with the Prime Minister, to
appointment and exoneration of the Chief of the Chief of Staff-General of the Armed Forces
and of the Joint Chiefs of Staff of the Armada, the Army and the Air Force;
j) To propose to the Council of Ministers, in conjunction with the Prime Minister, to
approval of the strategic concept of national defence and ensure the respective
execution;
l) Propose to the National Defense Council National Defence confirmation of the concept
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military strategic and the approval, under draft of the Council of Heads of State-
Largest, of the missions of the Armed Forces and the systems of forces necessary to their
compliance;
m) Approve the device of the systems of forces defined by the Council of Heads of
General Staff;
n) Approve and make to publish the indispensable standards for the enforcement of the laws of defence
national and of the Armed Forces other than the competence of the Council of
Ministers;
o) Elaborate and direct the national policy of armaments and defence equipment
national;
p) To exercise the powers of the Government concerning the direction of the organs and services of the
direct administration and the tutelage and oversight over the organs and services of the
indirect administration of national defence;
q) Authorize the realization of maneurees and military exercises;
r) Graduating works in subject areas and military servitude, heard the Head of State-
Largest of the branch of the competent Armed Forces;
s) Present to the National Defence Council, as well as to the Council of
Ministers, proposals for mobilization and requisition, required by
pursuit of the permanent objectives of national defence policy;
t) Appoint and exonerate the holders of the organs subjected to their power of direction or
superintendence;
u) Approve the promotions to the official-general, as well with the promotions of the officers-
generals, after deliberation by the Council of Chiefs of Staff;
v) Coordinate and guide the actions necessary to ensure the collaboration of the Forces
Armed with the forces and security services.
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Article 15.
Competences of the other ministers
1-In conjunction with the Minister of National Defence, all other ministers
they ensure the execution of non-military components of the national defence policy that if
have insisted on the scope of the tasks of the respective ministries.
2-Compete, in particular, to each minister:
a) To prepare the adaptation of its services for the state of war, the state of site and the
state of emergency;
b) Drive the action of its services in mobilization and requisition, in civil planning
of emergency and in civil protection.
Article 16.
Top National Defense Council
1-The Superior Council of National Defence is the specific consultation body for the
matters pertaining to national defence and organization, operation and discipline of the Forces
Armed.
2-The Higher National Defence Council is chaired by the President of the Republic, who
has a vote of quality.
3-The Superior Council of National Defence has the following composition:
a) Prime Minister;
b) Deputy Prime Minister and Ministers of State, if any;
c) Minister of National Defence, Minister for Foreign Affairs, Minister of the
Internal Administration and Minister of Finance;
d) Ministers responsible for the areas of industry, energy, transport and communications;
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e) Head of the State-Major-General of the Armed Forces;
f) Representatives of the Republic for Autonomous Regions;
g) Presidents of the governments of the Autonomous Regions of the Azores and Madeira;
h) Chairman of the National Defence Committee of the Assembly of the Republic;
i) Chiefs of Staff of the Armada, the Army and the Air Force;
j) Two deputies to the Assembly of the Republic, elected under the terms of the q) of the article
11.
4-In the exercise of the competences provided for in Article 17 (2), the Higher Council
of National Defence shall consist exclusively of the members referred to in the ( a) a e)
and i).
5-The President of the Republic may, on his or her initiative, or at the request of the Prime Minister,
invite other persons to participate, without a right to vote, at meetings of the Council
Superior of National Defense.
6-The Superior Council of National Defence meets ordinarily every three months and
extraordinarily whenever he is summoned by the President of the Republic, by his
initiative or at the request of the Prime Minister.
7-The National Defense Council is secretarial by a general officer or other
personality of recognised merit, appointed and exonerated by the President of the Republic,
listened to the Government.
8-The post of the Secretary of the National Defence Council shall be equated, to
all the effects, the top direction of the first grade.
9-Support for the National Defence Council is secured by the General Secretariat
of the Presidency of the Republic, in whose budget the necessary monies are entered into
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execution.
Article 17.
Competence of the National Defence Council
1-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the National Defence Council, in the advisory framework, to issue
opinion on:
a) The declaration of war and the feading of peace;
b) National defence policy;
c) The approval of international treaties in which the State assumes responsibilities
international in the field of defence, in particular the treaties of participation of
Portugal in international security and defence organizations, as well as the
peace treaties, defence, border rectification and those relating to matters
military;
d) The projects and proposals for legislative acts pertaining to defence policy
national and of the Armed Forces, the organization, operation and discipline of the
Armed forces and the conditions of employment of the Armed Forces in the state of site
and in the state of emergency;
e) The projects and proposals for military programming laws;
f) The draft strategic concept of national defence;
g) The participation of deployments of the Armed Forces in military operations in the
exterior of the national territory;
h) The organization of civil protection, assistance to populations and safeguarding of the
public and private goods, in the event of war;
i) Fundamental defence infrastructures;
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j) Proposals for mobilization and requisition, necessary for the pursuit of the
permanent objectives of the national defense policy;
l) Other matters pertaining to national defence and the Armed Forces that are
submitted by the President of the Republic, on his own initiative or at the request of the
Prime Minister.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Higher National Defence Council, in the administrative framework:
a) Confirm the military strategic concept and approve the specific missions of the Forces
Armed and the systems of forces required for their compliance, after proposal
of the Minister of National Defence;
b) Exert, in time of war, the powers provided for in Article 43;
c) Approve the proposals for appointment and exoneration of the President of the Supreme
Military Tribunal, to function in time of war, of the commanders-chiefs, of the
commanders or military representatives to the organization of any alliance
of which Portugal is a member, as well as the general officers, commanders of force
naval, land or air intended for the fulfillment of international missions
in that frame.
3-The opinions of the Higher National Defence Council are only published when
the one so deliberating.
Article 18.
Military Top Council
1-The Military Superior Council is the main consultation body of the Minister of Defence
National.
2-The Military Superior Council is chaired by the Minister of National Defence.
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3-The Military Superior Council has the following composition:
a) Minister of National Defence;
b) Head of the State-Major-General of the Armed Forces;
c) Chiefs of the Joint Chiefs of Staff, the Army and the Air Force.
4-Integrate still the Military Superior Council the Secretaries of State that co-adjude the
Minister of National Defence, unless otherwise decided by this.
5-The Minister of National Defence, for his initiative or at the request of any of the
members of the Council, may convene other public organ holders or invite
other people to participate in meetings of the Military Superior Council.
6-The Military Superior Council meets ordinarily every three months and
extraordinarily whenever he is summoned by the Minister of National Defence.
Article 19.
Competence of the Military Superior Council
It is incumbent on the Military Superior Council:
a) Issuing opinions on matters relating to national defence and the Armed Forces that
are the competence of the Government, the National Defence Council of National Defence or
of the Minister of National Defence;
b) Elaborate draft projects of the military and budget programming laws
of the Armed Forces, in accordance with the guidance of the Government.
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CHAPTER IV
Ministry of National Defence
Article 20.
Assignments of the Ministry of National Defence
1-The Ministry of National Defence is the governmental department that has per mission
prepare and implement the national defence policy and the Armed Forces, as well as
ensure and scrutinize the administration of the Armed Forces and the other services and
organisms in it integrated.
2-The Ministry of National Defence provides the necessary support for the exercise of duties
own from the Prime Minister within the framework of national defence and the Armed Forces.
Article 21.
Organic structure of the Ministry of National Defence
The organic structure of the Ministry of National Defence appears from decree-law, which identifies
the organs and services that integrate it, as well as the legal persons subject to the
oversight and the tutelage of the Minister of National Defence.
CHAPTER V
Armed forces
Article 22.
National Defence and Armed Forces
1-The Armed Forces are the national institution tasked with ensuring military defence
of the Republic.
2-The Armed Forces obey the competent organs of sovereignty, in the terms
defined in the Constitution and the law.
3-The Armed Forces are at the service of the Portuguese and are strictly apartisan.
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4-The Armed Forces make up exclusively of Portuguese citizens and their
organization is unique to the entire national territory.
5-A The execution of the military component of national defence rests in exclusive to the Forces
Armed, being prohibited the constitution of armed associations or groupings, of type
military, militarized or paramilitary.
Article 23.
Integration of the Armed Forces into the State administration
The Armed Forces integrate into the direct administration of the State through the Ministry
of National Defense.
Article 24.
Missions of the Armed Forces
1-Under the Constitution and the law, it is incumbent on the Armed Forces:
a) Perform all the military missions necessary to ensure sovereignty, the
national independence and the territorial integrity of the State;
b) Participate in the international military missions necessary to secure the
international commitments of the state in the military sphere, including missions
humanitarian and peace assumed by the international organizations that Portugal
take part;
c) Carry out missions abroad of the national territory, in an autonomous framework or
multinational, designed to ensure the safeguarding of the life and interests of the
Portuguese;
d) Carry out the technical-military cooperation actions, in the framework of national policies
of cooperation;
e) Collaborate with the forces and security services in internal security;
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f) Cooperate with the forces and security services with a view to compliance
conjugated to their respective missions in combating aggression or threats
transnational;
g) Collaborate on civil protection missions and task-related tasks
of basic needs and the improvement of the quality of life of populations.
2-The Armed Forces may be employed, pursuant to the Constitution and the law, when
if you check the state of site or emergency.
Article 25.
Military condition
The members of the Armed Forces serve, exclusively, the Republic and the community
national and voluntarily assume the rights and duties that integrate the military condition,
in the terms of the law.
Article 26.
Fundamental rights
The military in effectivity of service, permanent and under-regime frameworks
volunteering and contract, enjoy the rights, freedoms and guarantees constitutionally
anticipated, with the restrictions on the exercise of the rights of expression, assembly, manifestation,
association and collective petition and the passive electoral capacity set out in this Law, in the
terms of the Constitution.
Article 27.
General rules on the exercise of rights
1-In the exercise of their rights, the military in service efectivity is subject to the
duties arising from the status of the military condition, and shall observe a conduct
as per the military ethics and respect the cohesion and discipline of the Armed Forces.
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2-The military in service effectiveness is rigorously apartisan and cannot
use your weapon, your post or your function for any political, partisan intervention
or trade union, in this consisting of your duty of exemption.
3-The military in service effectiveness is not applicable to the constitutional standards
relating to the rights of employees whose exercise presupposes fundamental rights
to which the following articles are referred, to the extent that they are restricted,
notably trade union freedom, the right to the creation and integration of commissions of
workers and the right to strike.
Article 28.
Freedom of expression
1-The military in service effectiveness has the right to provide public statements
on any subject, with the reservation itself of the status of the military condition, provided that
those do not jeopardize the cohesion and discipline of the Armed Forces, nor the duty of
political, partisan and union exemption from its members.
2-The military in service efectivity is subject to duty of secrecy regarding the
subjects covered by the secret of justice or the secret of state and other systems
of classification, the facts regarding the device, military capability, equipment and
to the operational action of the Armed Forces of which they have knowledge by virtue of the
exercise of its functions, as well as to the constant elements of data centres and
records of personnel that cannot be disclosed.
Article 29.
Right of meeting
1-The military in service efectiveness can, as long as it suits civilly and not
bear any national symbol or the Armed Forces, convene or participate in
legally convened meetings without a political-partisan or trade union nature.
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2-The military in service effectiveness can attend politico-partisan meetings and
union legally summoned if they do not use the word or exercise any function
in their preparation, organisation or conduct or in the implementation of the deliberations taken.
3-The right of assembly cannot be exercised within the units and establishments
military nor in such a way that it prejudgates the service normally assigned to the military or the
permanent availability of this for your fulfillment.
Article 30.
Right of demonstration
Servicemen in service effectiveness can participate in demonstrations legally
convened without a politico-partisan or union nature, as long as they are unarmed,
costume civilly and do not bear any national symbol or the Armed Forces and
provided that their participation does not endanger the cohesion and discipline of the Forces
Armed.
Article 31.
Freedom of association
1-The military in service efectivity has the right to constitute or integrate
associations without a political, partisan or trade union nature, particularly associations
professionals.
2-The exercise of the right of professional association of the military shall be governed by law
own.
Article 32.
Right of collective petition
Servicemen in service efectiveness have the right to promote or file petitions
collective directed at the organs of sovereignty or other authorities, provided that the same
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do not jeopardize the cohesion and discipline of the Armed Forces, nor the duty of exemption
political, partisan and union of its members.
Article 33.
Passive electoral capacity
1-In time of war, servicemen in service effectiveness cannot run for
elections for the organs of sovereignty, of self-rule of the autonomous regions and power
place, or for the European Parliament.
2-In time for peace, the military in service effectiveness can apply for the
organs referred to in the preceding paragraph upon special leave to be granted by the Head of the
General Staff of the branch to which they belong.
3-The application for issuance of the special permit must mention the will of the
applicant in being an unregistered candidate in any political party and indicate the election to
that intends to run.
4-A special permit is necessarily granted within 10 or 25 working days,
depending on whether the applicant provides service in national territory or abroad, and produces
effects from the publication of the date of the electoral act in question.
5-The time of exercise of the mandates for the military to be elected under the terms of the
previous figures account as time of stay in the post and as service time
effective for the purposes of seniority.
6-A Special licence lapses, determining the return of the military to the service actuality,
when:
a) From the definitive clearance of election results results that the candidate was not
elected;
b) When, having been the candidate-elect, his mandate becomes extinct by any
shape or be suspended for period longer than 90 days;
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c) With the declaration of war, state of site and the state of emergency.
7-The military in the reserve situation outside of the service efectiveness that are holders of
one of the organs referred to in paragraph 1, except for the organs of sovereignty or the Parliament
European, they can only be called to the efectiveness of service in case of a declaration of
war, the state of site or the state of emergency, which determine the suspension of the
respective mandate.
8-In situations where the elected military shall exercise the mandate in regime of permanence and the
full time, it may require, within 30 days, the voluntary transition to the situation of
reservation, to which it is compulsorily dewound with effect from the date of the start of those
functions.
9-In the case of exercise of the option referred to in the preceding paragraph, and not being filled
the conditions of passage to the reserve, the military is obliged to indemnify the State, in the
terms of the Status of Military Forces of the Armed Forces.
10-Determinates the transition to the situation of booking the election of a military man to a
second term, with effect from the commencement date of the respective financial year.
Article 34.
Provider of Justice
1-The military in the service effectiveness can, after exhausting the resources
legally-provided administrative, file complaints to the Ombudsman by actions
or omissions of the public powers responsible for the Armed Forces that result
violation of your rights, freedoms and guarantees, except in operational matter or
ranked.
2-The exercise of the right referred to in the preceding paragraph and the terms of the corresponding
performance of the ombudsman are regulated by law.
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Article 35.
Justice and military discipline
The specific requirements relating to the Armed Forces in matters of justice and discipline
are regulated by special laws.
CHAPTER VI
Defence of the motherland
Article 36.
Defence of the Motherland and military service
1-A The defence of the Motherland is right and fundamental duty of all the Portuguese.
2-The civic duty of provision of military service is regulated by law, which sets the respective
shape, nature, duration and content.
3-The military service is based, in time of peace, on volunteering.
4-Citizens subject by law to the provision of military service may, exceptionally,
be summoned to the Armed Forces in peacetime, in the terms provided for in the law that
regulates military service.
5-A The law referred to in the preceding paragraph provides for the situations in which citizens
exceptionally summoned to the Armed Forces can be waived from the
provision of military service.
Article 37.
Mobilization and requisition
1-The State may determine the use of material and human resources
indispensable to national defense upon mobilization and requisition.
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2-All persons mobilized or covered by the obligations arising from
mobilization or requisition may be subject to the legal regimes of the discipline and justice
military, under the conditions fixed in the law.
Article 38.
Mobilization
1-The state can mobilize citizens for national defence.
2-A mobilization may cover all or a part of the population and may be
imposed for periods of time, by territorial areas and by sectors of activity.
3-A mobilization may determine the subordination of citizens by it covered
Armed forces or the civil authorities of the State.
Article 39.
Requisition
1-The State may requisition the movable and immaterial goods, materials and imaterials,
indispensable for national defense that is not possible or convenient to obtain from another
mode.
2-A The requisition may still focus on companies, services, industrial establishments,
commercial or scientific and goods that are the subject of intellectual and industrial property.
3-A application basket when the requisitioned goods cease to be necessary to the defence
national.
4-A The requisition confers the right to fair compensation.
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CHAPTER VII
State of war
Article 40.
Duration of the state of war
The state of war has existed since the declaration of war to the refecture of peace.
Article 41.
Performance of public bodies in a state of war
1-A The performance of public bodies in a state of war shall comply with the following principles:
a) Full commitment to the pursuit of the purposes of the war;
b) Adjustment of the national economy to the war effort;
c) Mobilization and requisition of the resources necessary for the war effort;
d) Urgency to the satisfaction of the needs of the military component of national defense.
2-In a state of war, the competent organs adopt, in accordance with the Constitution and
the laws, all necessary and appropriate measures for the conduct of the war,
notably through the provision of all necessary resources to the defence
national and the Armed Forces to prepare and execute the military actions as well as to
the restoration of peace.
Article 42.
Direction and conduct of war
1-A The top direction of the war competes jointly with the President of the Republic and the
Government, within the respective constitutional limits.
2-A military conduct of the war competes with the Chief of the State-Major General of the Forces
Armed, assisted by the Chiefs of Staff of the branches of the Armed Forces, and the
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Commanders-Heads, in accordance with the guidelines and directives of the governing bodies
competent.
Article 43.
Top National Defense Council during the state of War
1-In a state of war, the Superior National Defense Council works in session
permanent to assist the President of the Republic, the Prime Minister and the Minister of
National defence in the direction of war.
2-Compete to the Superior Council of National Defence, during the state of war:
a) Define and activate theatres and areas of operations;
b) Approve the letters of command intended for the Commanders-Chefes;
c) Approve the general direction of military operations and war plans;
d) To study, adopt or propose the indispensable measures to ensure the
needs of the collective life and the Armed Forces.
3-The Minister of National Defence holds the National Defence Council
permanently informed about the politico-strategic situation.
4-The command letters define the mission, the dependence, the degree of authority and the area
where this is exercised, the entities covered, the means allocated and other aspects
relevant.
5-The letters of command are signed by the President of the Republic, by the First-
Minister, by the Minister of National Defence and the Chief of the State-Major-General of the
Armed forces.
6-In a state of war and with a view to the execution of military operations, can the Council
of ministers delegating to military authorities competences and means normally
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assigned to the ministerial departments, upon proposal of the Higher Council of
National Defense.
Article 44.
Armed forces during the state of war
1-In a state of war, the Chief of the State-Major-General of the Armed Forces takes over the
full command of the Armed Forces, responding before the President of the Republic and
the Government for the preparation and conduct of military operations.
2-In the exercise of the command referred to in the preceding paragraph, the Chief of the General Staff-
General of the Armed Forces has as commanders-adjoining the Joint Chiefs of Staff
of the Armada, the Army and the Air Force, which before it respond by the execution of the
higher directives and the performance of their respective forces.
3-The Council of Chiefs of Staff assists, in permanence, the Head of the State-
Largest-General of the Armed Forces in the conduct of military operations and drafting
of the proposals for the appointment of the commanders of theatres and of the areas of operations.
4-Compete to the Chief of the State-Major-General of the Armed Forces present to the
Minister of National Defence, for decision of the National Defense Council, the
project for the definition of theatres and areas of operations, as well as the proposals of
appointment and exoneration of the respective commanders and their letters of command.
Article 45.
Damage and compensation
1-The damage of the war is the responsibility of the aggressor and the compensation for them
due is claimed in the peace treaty or the armistice convention.
2-The State does not respond civilly for the damage directly or indirectly caused
by military actions practiced during the state of war.
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CHAPTER VIII
Final provisions
Article 46.
Military programming
1-A The forecast of military expenditure to be carried out by the State in the reequipment of the Forces
Armed and defence infrastructure must be the subject of medium-term planning,
constant of military programming laws.
2-A budget proposal of the Ministry of National Defence, in the part concerning the
reequipment of the Armed Forces and defence infrastructures, includes compulsorily
the established for the year in question in the military programming law in force.
Article 47.
Fundamental rights restrictions in the framework of the Republican National Guard
The provisions of Articles 26 to 35 shall apply to the military and militarized agents of the
permanent cadres and contractors in effective service in the National Guard
Republican.
Article 48.
Security Forces
1-Security Forces collaborate on national defence in the terms of
Constitution and the law.
2-Compete to the Chief of the State-Major-General of the Armed Forces and the
Secretary General of the Internal Security System to ensure among themselves the joint
operational, for the purposes set out in points e) and f) of Article 24 (1)
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Article 49.
Abrogation standard
It is repealed Law No. 29/82 of December 11, as amended by the Laws No. 41/83, of 21 of
December, paragraph 111/91, of August 29, para. 113/91, August 29, para. 18/95, 13
of July, and by the Organic Laws No. 3/99 of September 18, para. 4/2001, 30
August, and paragraph 2/2007, of April 16.
Article 50.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of December 11, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs