What does Article 288 of the Constitution say, which was so defended in the Ventura-Gouveia e Melo debate

“We have to change the Constitution”, said the two candidates for President of the Republic – but let no one touch the 288th.

André Ventura repeats: “We have to change the Constitution” or “We are not tied to a document”, or asks “Is the Constitution a Bible, which we cannot change?”.

In the case with Henrique Gouveia e Melo, towards the presidential elections, the president of Chega left two examples: chemical castration of pedophiles and appointments in court. He argues that the Constitution should be amended on these two issues.

And he repeated: if Germany, Denmark and Sweden take away the nationality of criminals “why don’t we do it?”, he asked.

Then, in response, it was Gouveia e Melo saying: “We have to change the Constitution” – something that surprised the opponent.

In the debate held at , Gouveia e Melo warned immediately afterwards: “There is only one article that I think we cannot change in the Constitution, which is 288.º. All others depend on the Assembly of the Republic”.

“You are referring to the material limits”, commented Ventura.

Gouveia e Melo later assured: “I did not say that I wanted to change the Constitution. I said that I was willing to accept a change in the Constitution, as long as the Constitution was not a rupture with the democratic system, which is article 288.”

“It’s obvious. We agree”, added André Ventura.

Gouveia e Melo admits that right-wing parties, which now have a sufficient majority to do so, can change the Constitution, “as long as they do not change the ideological basis of the Constitution, which is in article 288”, he warned, for the third time.

What does the article say?

We took a look to read precisely Part IV > Title II, and that Article 288.º.

As the two presidential candidates mentioned, in fact, this article is about the material limits of the review.

And what are the limits? The article clearly indicates that constitutional review laws will have to respect:

a) National independence and unity of the State;
b) The republican form of government;
c) The separation of Churches from the State;
d) The rights, freedoms and guarantees of citizens;
e) The rights of workers, workers committees and trade union associations;
f) The coexistence of the public sector, the private sector and the cooperative and social sector of ownership of the means of production;
g) The existence of economic plans within the scope of a mixed economy;
h) Universal, direct, secret and periodic suffrage in the designation of elective holders of sovereign bodies, autonomous regions and local power, as well as the system of proportional representation;
i) Pluralism of political expression and organization, including political parties, and the right of democratic opposition;
j) The separation and interdependence of sovereign bodies;
l) Monitoring constitutionality by action or omission of legal norms;
m) The independence of the courts;
n) The autonomy of local authorities;
o) The political-administrative autonomy of the Azores and Madeira archipelagos.

Independence, Republic, secular State, rights, freedoms, guarantees… None of this can be called into question, according to Henrique Gouveia e Melo, in a position reinforced by André Ventura.