Between 2021 and 2023, only 15 cases of discrimination and incitement to hatred were tried in Portugal. Rui Patrício believes that the current wording of the criminal law restricts the judicial response to such offences.
Rui Patrício, a partner at Morais Leitão, believes that Portugal's criminal law on hate crimes needs to be reconsidered. In a comment on Antena 1, he highlighted the limited effectiveness of Article 240 of the Penal Code, emphasising that the number of cases that reach court is far lower than the volume of complaints registered.
According to data from the Directorate-General for Justice Policy, only 15 cases relating to discrimination and incitement to hatred were tried between 2021 and 2023, involving 30 defendants – 19 of whom were convicted. However, more than 400 complaints were registered in 2023 alone. For Rui Patrício, "the rule is very tight and means that most situations of discrimination or incitement to hatred don't fall within it and therefore escape the scope of that crime," and adds that it is not enough for discriminatory behaviour to take place in public; it must also represent "propaganda for discrimination or a rally for discrimination. And it is this requirement that means that most situations do not fall under Article 240 of the Penal Code."
In light of social evolution and the limited impact of the current legislation, Rui Patrício supports a legislative review, specifically the removal of the ‘publicity’ requirement as prerequisite for applying the legal classification.
"I think it's time to rethink the law in some way, because it is already outdated - the Code dates back to 1982. Society is evolving, so we must at least reconsider the laws in the light of the evolution of community life," he concluded.
In Portugal, a hate crime carries a maximum penalty of five years in prison, which is almost always translated into a suspended sentence.
You can listen to Rui Patrício's comment on Antena 1 below [only available in Portuguese].
