Portuguese Constitution of 1838

The Portuguese Constitution of 1838 establishes the fundamental principles of the Portuguese State, including the sovereignty of the people and the separation of powers. The Constitution is the supreme law of the land, and all other laws and regulations must conform to its provisions. The Constitution guarantees the rights and freedoms of citizens, including the right to life, liberty, and security of person. The Constitution also establishes the framework for the organization and functioning of the government.

The Constitution guarantees the freedom of speech and expression, including the freedom to write and publish opinions, ideas, and thoughts. This freedom is essential to the functioning of a democratic society and is protected by the Constitution. However, this freedom is not absolute and may be limited by laws that protect public order, morality, and the rights of others. The Constitution also guarantees the freedom of the press and the right to access information.

The Constitution establishes the principle of equality before the law, which means that all citizens are equal and have the same rights and obligations. This principle prohibits discrimination on the basis of birth, social class, gender, or any other factor. The Constitution also guarantees the right to equal treatment and protection under the law, and prohibits arbitrary or unjust treatment by the government or its agents. The principle of equality is essential to the functioning of a just and democratic society.

The Constitution guarantees the right to a fair trial, including the right to a public and impartial trial, the right to be presumed innocent until proven guilty, and the right to be represented by a lawyer. The Constitution also guarantees the right to appeal a conviction or sentence to a higher court. The right to a fair trial is essential to the protection of individual rights and freedoms, and is a fundamental principle of justice. The Constitution also establishes the framework for the organization and functioning of the judiciary.

The Constitution establishes the principle of accountability of the government to the people, which means that the government is responsible for its actions and must be held accountable for any wrongdoing. The Constitution guarantees the right to petition the government for redress of grievances, and the right to seek compensation for any harm or injury caused by the government or its agents. The principle of accountability is essential to the functioning of a democratic society, and is a fundamental principle of good governance. The Constitution also establishes the framework for the organization and functioning of the government.