Article 9. Fundamental tasks of the state
The fundamental tasks of the state shall be:
b. To guarantee fundamental rights and freedoms and respect for the principles of a democratic state based on the rule of law;
d. To promote the people's well-being and quality of life and real equality between the Portuguese, as well as the effective implementation of economic, social, cultural and environmental rights by means of the transformation and modernisation of economic and social structures;
Article 19. Suspension of the exercise of rights
6. Under no circumstances shall a declaration of a state of siege or a state of emergency affect the rights to life, personal integrity, personal identity, civil capacity and citizenship, the non-retroactivity of the criminal law, defendants' right to a defence, or freedom of conscience and religion.
Article 25. Right to personal integrity
1. Every person's moral and physical integrity shall be inviolable.
2. No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment.
Article 27. Right to freedom and security
1. Everyone shall possess the right to freedom and security.
2. No one may be wholly or partially deprived of their freedom, except as a consequence of a judicial sentence imposed for the practise of an act that is punishable by law with a prison term or the imposition by a court of a security measure.
3. The following cases of deprivation of freedom for such time and under such conditions as the law may determine shall be exceptions to this principle:
Article 44. Right to travel and to emigrate
1. Every citizen shall be guaranteed the right to travel and settle freely anywhere in Portuguese territory.
Article 47. Freedom to choose a profession and to join the public administration
1. Everyone shall possess the right to freely choose a profession or type of work, subject only to such restrictions as the law may impose in the collective interest, or as are inherent to his own capabilities.
Article 58. Right to work
1. Everyone shall possess the right to work.
2. In order to ensure the right to work, the state shall be charged with promoting:
a. The implementation of full-employment policies;
b. Equal opportunities in the choice of profession or type of work, and the conditions needed to avoid the gender-based preclusion or limitation of access to any position, work or professional category;
c. Cultural and technical training and vocational development for workers.
Article 59. Workers' rights
1. Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right:
a. To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living;
b. That work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life;
c. To work in conditions that are hygienic, safe and healthy; d. To rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays;
e. To material assistance when he involuntarily finds himself unemployed;
f. To assistance and fair reparation when he is the victim of a work-related accident or occupational illness.
2. The state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by:
a. Setting and updating a national minimum wage which, among other factors, shall have particular regard to workers' needs, increases in the cost of living, the level to which the sectors of production have developed, the requirements imposed by economic and financial stability, and the accumulation of capital for development purposes;
b. Setting national limits on working hours;
c. Ensuring special work-related protection for women during pregnancy and following childbirth, as well as for minors, the disabled and those whose occupations are particularly strenuous or take place in unhealthy, toxic or dangerous conditions;
d. In cooperation with social organisations, ensuring the systematic development of a network of rest and holiday centres;
e. Protecting emigrant workers' working conditions and guaranteeing their social benefits;
f. Protecting student workers' working conditions.
3. Salaries shall enjoy special guarantees, as laid down by law.
Article 69. Childhood
1. With a view to their integral development, children shall possess the right to protection by society and the state, especially from all forms of abandonment, discrimination and oppression and from the abusive exercise of authority in the family or any other institution.
2. The state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way.
3. Labour by minors of school age shall be prohibited as laid down by law; Portugal Constitution
Article 154. Coercion
1 - Any person who, by means of violence or threatening with an important evil, embarrasses another person to an action or omission, or to support an activity, shall be punished with imprisonment for up to three years or with a fine.
2 - The attempt is punishable.
3 - The fact is not punishable:
(A) if the use of the means to achieve the intended purpose is not objectionable; or
(B) If it is aimed at avoiding suicide or typical illicit practice.
4 - If the act occurs between spouses, ascendants and descendants, adopters and adoptees, or between persons of the same sex, living in a situation similar to that of the spouses, the criminal procedure depends on a complaint.
Article 154b. Forced marriage
Anyone who compels another person to enter into a marriage or union comparable to that of marriage is punished with a prison sentence of up to 5 years.
Article 158. Kidnapping
1 - Anyone who detains, arrests, holds or apprehends another person or in any way deprives them of their liberty shall be punished with imprisonment for up to three years or with a fine.
2 - An officer shall be punished with imprisonment of two to ten years if deprivation of liberty:
(A) Last for more than two days;
(B) is preceded or accompanied by an offense to the grave physical integrity, torture or other cruel, degrading or inhuman treatment;
(C) It is practiced with the false pretext that the victim suffered from a psychic anomaly;
(D) result in suicide or offense to the grave physical integrity of the victim;
(E) Is practiced against a particularly defenseless person, due to age, disability, illness or pregnancy;
(F) is committed against one of the persons referred to in article 132, paragraph 2, l), in the performance of their duties or because of them;
(G) It is practiced by means of a simulation of public authority or by an official with serious abuse of authority.
3 - If the deprivation of liberty results in the death of the victim, the agent shall be punished by imprisonment from three to fifteen years.
Article 159. Slavery
Who:
A) To reduce another person to the state or the condition of slave; or
B) To dispose of, assign or acquire a person or to acquire it with the intention of maintaining it in the situation described in the previous paragraph;
Is punished with imprisonment from 5 to 15 years.
Article 160. Trafficking in Persons
1 - Whoever offers, delivers, enlists, encourages, accepts, transports, lodges or accommodates persons for the purpose of exploitation, including sexual exploitation, exploitation of work, begging, slavery, extraction of organs or the exploitation of other activities Criminals:
(A) By violence, abduction or serious threat;
(B) Through trick or fraudulent maneuver;
(C) With abuse of authority resulting from a relationship of hierarchical, economic, work or family dependency;
(D) Taking advantage of the psychic incapacity or situation of special vulnerability of the victim; or
(E) by obtaining the consent of the person having control over the victim;
Shall be punished by imprisonment for three to ten years.
2. The same penalty shall be applied to anyone who, by any means, to recruit, solicit, transport, host or receive a minor, or to deliver, offer or accept, for the purpose of exploitation, including sexual exploitation, Begging, slavery, the extraction of organs, the adoption or exploitation of other criminal activities.
3 in the case provided for in the preceding paragraph, if the agent uses any of the means provided in the sub-paragraphs of paragraph 1 or acts professionally or with a lucrative intention, he shall be punished with imprisonment from three to twelve years.
4 - The penalties provided for in the preceding paragraphs shall be increased by one third, in their minimum and maximum limits, if the conduct referred to therein:
(A) Has endangered the life of the victim;
(B) has been committed with particular violence or has caused the victim particularly serious damage;
(C) it has been committed by an official in the performance of his duties;
(D) it has been committed in connection with a criminal association; or
(E) It results in the suicide of the victim.
5 - Any person who, through payment or other consideration, offers, delivers, solicits or accepts minor, or obtains or gives consent to its adoption, shall be punished with imprisonment from one to five years.
6. Who, having knowledge of the practice of crime referred to in paragraphs 1 and 2, use the services or organs of the victim shall be punished with imprisonment from one to five years, if a more serious penalty does not fit him under another provision cool.
7 - Any person who retains, conceals, damages or destroys identification or travel documents of a person who has been a victim of a crime, as provided for in paragraphs 1 and 2, shall be punished by imprisonment for up to three years, if a serious penalty does not apply to him by virtue of another Provision.
8 - The consent of the victim of the crimes foreseen in the previous numbers does not exclude in any case the illegality of the fact.
Article 169. Procurement
1 - Any person, professionally or with a lucrative intention, to foment, favor or facilitate the exercise by another person of prostitution shall be punished with imprisonment from six months to five years.
2 - If the agent commits the crime foreseen in the previous number:
(A) By means of violence or serious threat;
(B) Through trick or fraudulent maneuver;
(C) With abuse of authority resulting from a family relationship, guardianship or custody, or hierarchical, economic or work dependency; or
(D) Taking advantage of the psychic incapacity or situation of special vulnerability of the victim;
Shall be punished with imprisonment from one to eight years.
Article 174. Recourse to child prostitution
1 - Those who, being a major, practice a sexual act of relief with a minor between 14 and 18 years, by means of payment or other consideration, shall be punished with imprisonment up to two years or with a fine of up to 240 days.
2 - If the sexual act of relief consists of copulation, anal intercourse, oral intercourse or vaginal or anal introduction of parts of the body or objects, the agent shall be punished with imprisonment for up to three years or with a fine of up to 360 days.
3 - The attempt is punishable.
Article 175. Child Litter
1 - Anyone who encourages, favors or facilitates the practice of prostitution of a minor shall be punished with imprisonment from one to five years.
2 - If the agent commits the crime foreseen in the previous number:
(A) By means of violence or serious threat;
(B) Through trick or fraudulent maneuver;
(C) With abuse of authority resulting from a family relationship, guardianship or custody, or hierarchical, economic or work dependency;
(D) Acting professionally or for profit; or
(E) Taking advantage of the psychic incapacity or situation of special vulnerability of the victim;
Shall be punished with imprisonment from two to ten years.
Adaptation of Criminal Legislation to ICC Statute
Chapter II Crimes
Section I Crime of genocide and crimes against humanity
Article 9 Crimes against humanity
Anyone who commits any of the following acts as part of a widespread or systematic attack directed against any civilian population:
(c) Slavery, as defined in article 159 of the Criminal Code;
shall be punished with a term of imprisonment of 12 to 25 years.
Section II War crimes
Articl1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, commits any of the following acts against a person protected by international humanitarian law:
(g) Acts described in subparagraph (g) of the preceding article that constitute a serious violation of the Geneva Conventions;
shall be punished with a term of imprisonment of 10 to 25 years.Portugal Penal Code
e 10 War crimes against persons
Article 7. Worker's conditions of work
1 - Without prejudice to a more favorable regime established by law or contract of employment, the posted worker has the right to the conditions of employment provided for by law and collective labor regulations of general effectiveness applicable to:
A) Employment security;
B) Maximum duration of working time;
C) Minimum rest periods;
D) Holidays;
E) Minimum remuneration and payment for additional work;
F) Assignment of workers by temporary employment agency;
G) Occasional hiring of workers;
H) Occupational safety and health;
I) Protection in parenthood;
J) Protection of the work of minors;
L) Equality of treatment and non-discrimination.
2 - For the purpose of the previous number:
A) The minimum remuneration includes the allowances or allowances attributed to the employee because of the secondment that do not constitute reimbursement of expenses incurred, namely travel, accommodation and meals;
B) holidays, minimum remuneration and additional work pay shall not apply to the secondment of a qualified worker by an undertaking supplying a good to carry out the initial assembly or installation necessary for its operation, provided that it is integrated In the supply contract and its duration does not exceed eight days in the period of one year.
3 - The provisions of paragraph b) of the preceding paragraph do not include the secondment in construction activities that aim at the realization, repair, maintenance, alteration or elimination of constructions, namely excavations, embankments, construction, assembly and dismantling of prefabricated elements, Installation of equipment, transformation, renovation, repair, maintenance or maintenance, namely painting and cleaning, dismantling, demolition and sanitation.Portugal Labor Code - Employment Contract General Conditions
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