Lisbon – The Constitutional Court of Portugal considered unconstitutional articles of the new Foreign Law, approved by the Assembly of the Republic on July 17. The decision, released on Friday (8), was taken after President Marcelo Rebelo de Sousa request a “preventive inspection” of the text before deciding if the sanction.
Among the points overthrown is the rule that would require immigrants, including Brazilians, to wait two years to request the family regrouping, a deadline that could extend to up to three and a half years due to the agency response time for integration, migrations and asylum (AIMA).
The Court understood that the measure, which could make a immigrant expect years to be able to bring their families to the country, hurts constitutional principles for family protection and access to justice. If approved without this stretch, the law can bring relief to Brazilians who live or plan to move to Portugal and then bring spouses and children, for example.
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“The analysis of the Constitutional Court has opened the size of the absurdity of the legislation proposed by the government, especially with regard to the protection of the family and access to law,” says Jessika Aguiar, lawyer and master in law from the University of Lisbon. “The intention to limit family regrouping prevented family uniqueness, something that cannot be placed within the Portuguese legal system. This decision is, first and foremost, a victory of immigrants,” he celebrated.
The judgment, obtained by the Portuguese newspaper PublicHe also pointed out “concepts of an indefinite or at least difficult (or even impossible) concrete determination” and possible violations of the principles of equality, proportionality, legal certainty and family union. The opinion also criticized the processing of the project, citing failures in deadlines and procedures.
After the decision, Rebelo de Sousa decided to return the text to Parliament for adjustments, which should only happen in the resumption of legislative work, on September 17.
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The Portuguese government has already indicated that it intends to maintain the goal of implementing more restrictive rules for immigration. “If necessary, we will adjust something on the route, but the destination is the same and remains: Portugal needs and will have more regulated immigration,” said Presidential Minister António Leitão Amaro.
