Portugal's Constitutional Court has found unconstitutionalities in the Foreigners Law, an anti-immigration bill that was approved by the country's National Assembly on July 16. The court's decision was handed down this Friday (8).
Now, the bill presented by the Portuguese government will return to Parliament and must be amended. President Marcelo Rebelo de Souza had requested that the court review the bill before approving it.
Portuguese parties had already criticized the approval of the project, highlighting that immigrant associations or constitutionalists, for example, were not consulted.
Wilson Bicalho, an expert in immigration law, noted that the court's decision was correct, assessing that the changes proposed in the project violated human rights and human dignity.
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LEARN MOREThe professor said that this reinforces that the power of political parties “will always find its limits and the protection that people have in the Constitution of the Republic.”
"The court itself stated the importance of establishing rules for the entry, exit, and stay of people, immigration legislation, but it is also important to establish rules with an eye on the Constitution," he concluded.
What did the law provide?
Among the main points that had been changed by Parliament was the issue of family reunification — that is, of people who have obtained legal residency in Portugal and want to take their family there.
According to the project, a person who obtained a residence permit in Portugal would have to wait two years to reunite with their family and would still need to prove that they lived with these people in their country of origin.
This Friday, the president of the Constitutional Court confirmed that the judges understood that this is an unconstitutional point in the text, being “incompatible with the constitutional protection due to the family”.
Another issue that could affect Brazilians is the work-seeker visa. It would only be granted to professionals considered "highly qualified."
At the time the bill was approved by the Assembly, it had not been specified what would be considered qualified work, but Bicalho explains that it generally refers to a person with a degree or higher diploma.
Furthermore, another point is that citizens of countries in the Community of Portuguese Language Countries who enter Portugal without a visa would be restricted from applying for a residence permit.
Previously, anyone who entered the country regularly (for example, as a tourist) and was hired by a Portuguese company could apply for a residence permit.
