Informative Note

Private Security Law declared partially unconstitutional


The Judgment of the Constitutional Court No. 376/2018, delivered on 4 July 20181, was published on 18 September 2018. This judgment declared the unconstitutionality with general mandatory force of the rule in article 22(1)(d) and, with reference to this, the rules appearing in paragraphs 2, 3 and 4 of the same article. These provisions are all from the Legal Framework on Engaging in Private Security Activities2, which made the authorisation to engage in private security activities subject to the requirement of “not having been convicted, by a final, unappealable judgment, of the commission of intentional crime provided for in the Criminal Code and other criminal legislation”. The Constitutional Court held that this rule violates article 47(1), together with article 18(2), both of the Constitution of the Portuguese Republic (the “Constitution”).

In this Informative Note, we set out the main implications this decision could have for private security work.


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