Lisbon court tent ruling challenges 1974 protest law

The Administrative Court of Lisbon ruled in favor of activist Renata Câmara, allowing her to keep a tent in Rossio until the final vote on the state budget. The decision was made by Judge Ana de Campos in a case brought against the Ministry of Internal Administration and the Lisbon City Council.

The ruling questioned the automatic application of the 00:30 time limit for demonstrations. The judge argued that the 1974 decree-law must be interpreted in light of the 1976 Portuguese Constitution, particularly the rights to assembly and demonstration.

“The right to have a Christmas market in Rossio is not in the Constitution.”

The case follows recent housing protests in Lisbon and Porto, during which police repeatedly removed tents and dispersed demonstrators. Authorities had previously relied on the 1974 law to justify ending protests after midnight.

Constitutionalists Jorge Bacelar Gouveia and Pedro Bacelar Vasconcelos expressed confusion over the ruling. Gouveia cited contradictions in the decision, including the recognition of silent demonstrations and the possibility of relocating protests if a Christmas market takes priority.

The Public Ministry is expected to appeal the decision to the Constitutional Court. This appeal would require the court to review the constitutionality of the 52-year-old decree-law regulating the right to demonstrate in Portugal.