Indicator history

Fines

Racial discrimination in general is a contra-ordenação [summary administrative offence]. Law 134/99 and Decree-law 111/2000 consider that discrimination is a summary offence punishable by a fine, without prejudice to civil liability or the application of other established sanctions. Article 15 of Law 18/2004, transposing the Race Directive, makes reference to the above regulations.

Fines may vary from EUR 400 to EUR 2,000 for individuals and are doubled for legal persons. If the offence results from the omission of a duty, the application of the sanction does not prevent the offender from carrying out this duty if it is still possible. The Alto Comissariado para a Imigração e Minorias Étnicas (ACIME) [High Commission for Immigration and Ethnic Minorities] may apply the following ancillary sanctions: publication of the decision; public censure (admonition) of the perpetrators of discriminatory practices; confiscation of property; prohibition of the exercise of a profession or activity which involves a public capacity or depends on authorisation or official approval by public authorities; removal of the right to the benefits granted by public bodies or services; removal of the right to participate in trade fairs; removal of the right to participate in public markets; compulsory closing of premises owned by the perpetrators; suspension of licences and other permits.

Very serious offences are punishable, according to the Labour Code, with fines that vary according to the turnover of the employer from EUR 2,040 to EUR 61,200. If the employer responsible for the violation of the rules is not a registered company, fines can vary from EUR 1,020 to EUR 2,550 in the case of negligence, and EUR 2,550 to EUR 5,100 in the case of intent (dolus).

If discriminatory treatment occurs during a recruitment process, the victim cannot request the court to order the employer to hire him or her. He or she is only entitled to damages. However, if discrimination takes place in the context of actual employment, the victim of discrimination can ask the court to order the employer to put an end to any discriminatory treatment, and to be reinstated if he or she was unfairly dismissed.

The payment of compensation for pecuniary and non-pecuniary (moral) damages suffered by victims of discrimination is covered by Article 26 of the Labour Code. There is no ceiling on the amount of compensation that can be awarded. No court cases have been found on this issue.

Penal sanctions
The Criminal Code has been recently been amended and Article 240 now covers discrimination based on almost every ground. Paragraph 1 of this article makes it an offence to establish organisations or engage in organised propaganda activities which incite or encourage discrimination on grounds of race, colour, ethnic origin or nationality, religion, gender or sexual orientation. Those who incite or encourage racial, religious or sexual discrimination will be subject to a term of imprisonment from six months to up to five years. 

Under Article 132(2)(4) of the Criminal Code on homicide, motives based on hatred on grounds of race, religious or political convictions, or colour, ethnic origin or nationality, religion, gender or sexual orientation are regarded as aggravating circumstances, resulting in a more severe penalty. Such aggravating circumstances may also apply in cases of assault causing bodily harm under Article 146 of the
Criminal Code. There is no general rule stipulating that such motives constitute aggravating circumstances for all offences. This means that, for other offences, it is left to the courts to decide, on a case by case basis, whether racial motives constitute an aggravating circumstance. 

Articles 251 and 252 deal with outrage (affronts and insults) and trouble and disorder affecting the normal provision of religious services as crimes punishable with imprisonment of up to one year, or with a daily fine up to 120 days. If not paid these fines will be converted in imprisonment.

Article 253 considers as a crime the violence or threat against funerals or burial ceremonies, punishable with imprisonment of up to one year.

Article 254 considers as a crime the profanation of any cemetery, punishable by up to two years imprisonment or a daily fine up to 240 days.

Civil sanctions
According to Article 28 of the Labour Code, regardless of the administrative sanctions that can be imposed, the victim of discrimination can always sue the perpetrator for pecuniary and non-pecuniary damages in accordance with the general rules on (civil) liability (Articles 483 et seq. of the Civil Code). There is no ceiling on the amount of compensation that can be awarded as civil damages.
 

Fines

Racial discrimination in general is a contra-ordenação [minor offence]. Law 134/99 and Decree-law 111/2000 consider that discrimination is a summary offence punishable by a fine, without prejudice to civil liability or the application of other established sanctions. Article 15 of Law 18/2004, transposing the Race Directive, makes reference to the above regulations.

Fines may vary from EUR 400 to EUR 2,000 for individuals and are doubled for legal persons. If the offence results from the omission of a duty, the application of the sanction does not prevent the offender from carrying out this duty if it is still possible. The Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] may apply the following ancillary sanctions: publication of the decision; public censure (admonition) of the perpetrators of discriminatory practices; confiscation of property; prohibition of the exercise of a profession or activity which involves a public capacity or depends on authorisation or official approval by public authorities; removal of the right to the benefits granted by public bodies or services; removal of the right to participate in trade fairs; removal of the right to participate in public markets; compulsory closing of premises owned by the perpetrators; suspension of licenses and other permits.

Very serious offences are punishable, according to the Labour Code, with fines that vary according to the turnover of the employer from EUR 2,040 to EUR 61,200. If the employer responsible for the violation of the rules is not a registered company, fines can vary from EUR 1,020 to EUR 2,550 in the case of negligence, and EUR 2,550 to EUR 5,100 in the case of intent (dolus).

If discriminatory treatment occurs during a recruitment process, the victim cannot request the court to order the employer to hire him or her. He or she is only entitled to damages. However, if discrimination takes place in the context of actual employment, the victim of discrimination can ask the court to order the employer to put an end to any discriminatory treatment, and to be reinstated if he or she was unfairly dismissed.

The payment of compensation for pecuniary and non-pecuniary (moral) damages suffered by victims of discrimination is covered by Article 26 of the Labour Code. There is no ceiling on the amount of compensation that can be awarded. No court cases have been found on this issue.

Penal sanctions
The Criminal Code has been recently been amended by Law 59/2007 and Article 240 now covers discrimination based on almost every ground. Paragraph 1 of this article makes it an offence to establish organisations or engage in organised propaganda activities which incite or encourage discrimination on grounds of race, colour, ethnic origin or nationality, religion, gender or sexual orientation. Those who incite or encourage racial, religious or sexual discrimination will be subject to a term of imprisonment from six months to up to five years. 

Under Article 132(2)(4) of the Criminal Code on homicide, motives based on hatred on grounds of race, religious or political convictions, or colour, ethnic origin or nationality, religion, gender or sexual orientation are regarded as aggravating circumstances, resulting in a more severe penalty. Such aggravating circumstances may also apply in cases of assault causing bodily harm under Article 146 of the Criminal Code. There is no general rule stipulating that such motives constitute aggravating circumstances for all offences. This means that, for other offences, it is left to the courts to decide, on a case by case basis, whether racial motives constitute an aggravating circumstance. 

Articles 251 and 252 deal with outrage (affronts and insults) and trouble and disorder affecting the normal provision of religious services as crimes punishable with imprisonment of up to one year, or with a daily fine up to 120 days. If not paid these fines will be converted in imprisonment.

Article 253 considers as a crime the violence or threat against funerals or burial ceremonies, punishable with imprisonment of up to one year.

Article 254 considers as a crime the profanation of any cemetery, punishable by up to two years imprisonment or a daily fine up to 240 days.

Civil sanctions
According to Article 28 of the Labour Code, regardless of the administrative sanctions that can be imposed, the victim of discrimination can always sue the perpetrator for pecuniary and non-pecuniary damages in accordance with the general rules on (civil) liability (Articles 483 et seq. of the Civil Code). There is no ceiling on the amount of compensation that can be awarded as civil damages.
 

Source:

• European Network of Legal Experts in the Non-discrimination Field, 08.02.2011, Portugal 2009 – Country report on measures to combat discrimination,  http://non-discrimination.net/content/media/2009%20-%20FR%20-%20PT%20Country%20Report%20Summary_final.pdf, Accessed 22.01.2013.