Right to protest and police action: what are the legal limits?
Pedro Barosa appeared on SIC Notícias on 21 and 22 October to discuss recent protests over the right to housing, the legal limits of the right to protest and the actions of law enforcement authorities, clarifying the main legal issues arising from the events.
During his first appearance, on the programme Confronto, the Abreu Advogados criminal law specialist discussed the actions taken by the Portuguese Public Security Police (PSP) in response to protesters, particularly the removal of tents erected in public spaces, and the need to reconcile the exercise of fundamental rights with compliance with the law. In this context, he stressed the importance of examining the situation from different perspectives: “We can look at this issue from two angles and, indeed, we should. On the one hand, there is the right to protest and, on the other, the actions that have been taken by criminal police authorities.”
During his second appearance, on 22 October, also on SIC Notícias, the lawyer clarified the legal rules governing the erection of tents in public spaces, even when used as symbols of protest, and the limits applicable to the exercise of the right to protest.
As he explained, “the right to protest is an absolutely fundamental right that must be respected, but it must be exercised within the legal framework and in accordance with the democratic principles that should guide it.”
Pedro Barosa also addressed the importance of distinguishing the peaceful exercise of the right to protest from potentially unlawful conduct, as well as the need for law enforcement authorities to observe the principles of appropriateness and proportionality in their actions.
