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LEGAL AID | EMPLOYMENT CLAIM | VALID RESIDENCE PERMIT | WORKERS’ RIGHTS

 

Constitutional Court, judgment no. 208/04, 24.03.2004

 

JURISDICTION: Constitutional

CASE: 17/04

SUBJECT: Constitutional appeal

RAPPORTEUR: Gil Galvão

RULING: Rejects the appeal, holding unconstitutional the norm in Article 7(2) of Law no. 30-E/2000, of 20 December 2000, if interpreted as grounds for refusing legal aid to an impoverished foreign worker who wishes to bring an employment claim, when the worker resides in Portugal, holds a valid stay permit and works in the country.

DOMESTIC LAW:

Portuguese Constitution [Article 20(1)]

Law no. 28/82, of 15 November 1982 [Article 70(1)(a)]

Law no. 30-E/2000, of 20 December 2000 [Article 7(2)]

Decree-Law no. 391/88, of 26 October 1988 (Article 1)

Decree-Law no. 244/98, of 8 August 1998 (Articles 2, 3)

Constitutional Court, judgment no. 962/96, 11.07.1996

Constitutional Court, judgment no. 365/2000, 05.07.2000

Constitutional Court, judgment no. 433/2003, 29.09.2003

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Legal aid; employment claim; valid residence permit; workers’ rights; Brazilian citizen; Foreigners and Borders Service; stay permit registered in the passport; habitual residence of foreigners or stateless persons; regular and continuous stay in Portugal; Portuguese nationality; Portuguese social security system; tax statement; lack of economic means; defence of one’s rights as a worker; human dignity; right to work; foreign residents’ rights; precarious right to remain in Portugal; access to law and the courts; principle of equality; enforcement of labour rights; foreign worker residing in Portugal; obligations vis-à-vis the Tax Authorities and the Social Security; judicial claim aimed at enforcing rights arising from an employment relation exercised in Portugal; impoverished foreign worker

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

MIRANDA, Jorge, and MEDEIROS, Rui, Constituição Portuguesa Anotada [Annotation to the Portuguese Constitution], vol. I, 2nd ed., Coimbra, Wolters Kluwer/Coimbra Editora, 2010.

 

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Posted inEMPLOYMENT CLAIM LEGAL AID VALID RESIDENCE PERMIT WORKERS’ RIGHTS
TagsJudicial Claim Aimed at Enforcing Rights Arising From an Employment Relation Exercised in Portugal Employment Claim Access to Law and the Courts Legal Aid Stay Permit Registered in the Passport Valid Residence Permit Brazilian Citizen Tax Statement Defence of One's Rights as a Worker Obligations Vis-à-Vis the Tax Authorities and the Social Security Human Dignity Right to Work Precarious Right to Remain In Portugal Foreign Residents' Rights Workers' Rights Enforcement of Labour Rights Portuguese Nationality Regular and Continued Presence in Portugal Equality Principle Habitual Residence of Foreigners or Stateless Persons Foreigners and Borders Service Portuguese Social Security System Lack of Economic Means Impoverished Foreign Worker Foreign Worker Residing in Portugal