Constitutional Polymorphism of Right to Resist in Portugal

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DOI:

https://doi.org/10.17811/hc.v0i18.476

Keywords:

Right to Resist, Self-defense, Proto Constitutionalism, Portugal

Abstract

The present text of the Constitution of the Portuguese Republic adds under the same legal norm (art. 21) various forms of constitutional resistance. This article, from a historical perspective, will recover some of the manifold forms of manifestation of the right of resistance in Portugal, v. g., self-defense, the right of popular resistance and the right of individual resistance. The first objective is, not being advisable a watertight separation, to contribute to a possible differentiation between each of these forms. The second objective of this work is to counter the thesis  that the right of popular resistance has been transformed, by modern constitutionalism, into an individual right of resistance to defend the fundamental rights enshrined in the Constitution. In this way, the historical element could be a contribution to the interpretation of the referred constitutional precept on the right of resistance.

Enviado el (Submission Date): 17/01/2017
Aceptado el (Acceptance Date): 20/02/2017

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Author Biography

José Domingues, Universidade Lusíada – Norte (Porto)

Professor auxiliar da faculdade de Direito

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Published

2017-02-20

Issue

No. 18 (2017): Historia Constitucional N. 18 (2017)

Section

Portugal and Brazil

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