The non-admissibility of an automatic loss of civic, professional or political rights as a necessary effect of the application of penalties. The principle that foreign and Portuguese citizens enjoy the same rights and are subject to the same duties
Expulsion from Portuguese territory
RULING Nº 41/95
1 of February of 1995
Under the Constitution, there is no criminal penalty that necessarily entails the loss of civic, professional or political rights. Automatically applying such additional penalties to certain offences is thus unconstitutional.
As expulsion from the country is classified as an additional penalty (pena acéssoria), it cannot automatically be imposed where a foreigner is given a prison sentence, and can be imposed only where a foreigner seriously contravenes his obligations as an alien.
The case involved a Cape Verdean who had been resident in Portugal for fifteen years and was sentenced to five years' imprisonment and expulsion from the country for five years.
The Court ruled to be unconstitutional the provision whereby a foreigner sentenced to more than three years' imprisonment and who had been resident in Portugal for more than five years and less than twenty years automatically received the additional penalty (pena acéssoria) of being expelled from the country. Automatic imposition of that penalty was incompatible with Article 30.4 of the Constitution.