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Questions and explanations

Read learning questions with their answers, explanations and sources.

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Which principle bars privileges based on religion or economic situation?

  1. AFreedom to choose a profession
  2. BLocal authority autonomy
  3. CEquality before the lawCorrect answer
  4. DSeparation of powers

Explanation

Article 13 protects equal dignity and prohibits discrimination on these grounds.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 13.º, n.os 1–2

How does Article 15 address foreigners’ rights in Portugal?

  1. AGeneral equality, with exceptions and conditional extensionsCorrect answer
  2. BEquality in all political rights without conditions
  3. COnly social rights, excluding personal freedoms
  4. DOnly labour rights, excluding social rights

Explanation

The general rule covers rights and duties; political rights have exceptions and possible extensions under law and reciprocity.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 15.º, n.os 1–5

Which constitutional limit applies to laws restricting rights, freedoms and guarantees?

  1. AApplying retroactively to strengthen enforcement
  2. BTargeting a named individual
  3. CRelying only on administrative convenience
  4. DPreserving the right’s essential contentCorrect answer

Explanation

Article 18 requires constitutionally permitted, necessary, general and abstract restrictions, without retroactivity or reduction of essential content.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 18.º, n.os 1–3

Which right cannot be affected by a declaration of a state of emergency?

  1. ARight of assembly
  2. BRight to lifeCorrect answer
  3. CFreedom of movement
  4. DRight to strike

Explanation

Article 19(6) includes life among rights the declaration cannot affect. Other rights are not automatically suspended.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 19.º, n.os 1–2, 5–7

Under the Constitution, can lack of money justify denying access to justice?

  1. AYes, if the other party has a lawyer
  2. BNo, justice cannot be denied on that groundCorrect answer
  3. CYes, if the case involves a private entity
  4. DYes, if the case has no public interest

Explanation

Article 20 guarantees access to law and courts without denial for lack of means. Forms of support depend on legislation.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 20.º, n.os 1–4

Which instrument does the Ombudsman use to prevent or remedy injustice?

  1. ACriminal convictions
  2. BDecree-laws issued in their own name
  3. CBinding annulment of administrative decisions
  4. DRecommendations to competent bodiesCorrect answer

Explanation

Article 23 defines an independent body that examines complaints without decision-making power and makes recommendations, not judgments.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 23.º, n.os 1–3

What is the constitutional rule on the death penalty?

  1. AIt is prohibited in every caseCorrect answer
  2. BIt is allowed in wartime
  3. CIt is allowed for terrorism
  4. DIt is allowed by a special parliamentary decision

Explanation

Article 24 protects human life and prohibits the death penalty without these exceptions.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 24.º, n.os 1–2

Which constitutional protection covers the ban on torture?

  1. ASecrecy of correspondence
  2. BFreedom of association
  3. CMoral and physical integrityCorrect answer
  4. DJob security

Explanation

Article 25 protects personal integrity and bans torture and cruel, degrading or inhuman treatment or punishment.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 25.º, n.os 1–2

Which pair belongs to the personal rights in Article 26?

  1. AStrike and collective bargaining
  2. BPetition and political participation
  3. CHousing and basic education
  4. DReputation and family privacyCorrect answer

Explanation

Article 26 protects reputation and private and family life, among other personal rights.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 26.º, n.os 1–2

Which statement respects Article 27 on liberty and detention?

  1. AEvery detention requires a prior final conviction
  2. BAn administrative decision suffices for any detention
  3. CConstitutional detention exceptions exist under legal conditionsCorrect answer
  4. DDetention falls outside constitutional guarantees

Explanation

The Constitution protects liberty but specifies exceptions, such as being caught in the act and other defined situations. It does not authorize arbitrary detention.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 27.º, n.os 1–3

Which situation does habeas corpus address?

  1. ADismissal without just cause
  2. BIllegal imprisonment or detentionCorrect answer
  3. CMisleading advertising
  4. DDiscrimination in access to school

Explanation

Article 31 provides habeas corpus before the competent court against abuse of power through illegal imprisonment or detention.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 31.º, n.os 1–3

Until when is an accused person presumed innocent?

  1. AUntil the conviction becomes finalCorrect answer
  2. BUntil a complaint is filed
  3. CUntil the first detention
  4. DUntil the trial begins

Explanation

Article 32 maintains the presumption of innocence until conviction becomes final, with defence guarantees.

Sources and citations

  1. Constituição da República Portuguesa

    Artigo 32.º, n.os 1–3, 8