Crime of providing assistance to clandestine emigration
Ordinary law prior to the entry into effect of the Constitution
Norms regarding fundamental rights
Norms that condition the exercise of fundamental rights
Freedom of movement
RULING Nº 204/94
2 of March of 1994
The right to emigrate, one of the «rights, freedoms and guarantees» enshrined in the Constitution, is legally covered by a special set of conditions set out in Article 18 of the Constitution.
This right is not, however, an absolute right and it is constitutionally legitimate to establish conditions for its exercise by ordinary legislation, although these conditions are limited to this particular right.
Case-law already defined by the Constitutional Commission (the body monitoring constitutionality, prior to the establishment of the Constitutional Court).