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On the Bicentennial of Portuguese Monarchist Constitutionalism

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On the Bicentennial of Portuguese Monarchist Constitutionalism

Today, exactly two hundred years have passed since the approval, signing and entry into force of the first Portuguese constitution – the constitution of 1822 – the result of the Liberal Revolution of 1820 and the work of the Constituent Cortes of 1821, united for the first time by deputies elected by vote, indirect, male and universal: adult males gathered at parish assemblies to elect delegates to district assemblies, who in turn chose delegates to provincial assemblies, who finally elected deputies from Portugal and the Overseas, which were later joined by deputies elected by Brazil.

Knowing in advance that the modern constitutional archetype would need to be supported by such essential elements as the limitation of state power and the declaration of the rights of the people, there was then some expectation of how the structure of the constitution would be conceived, in particular, taking into account the various groups and trends that arose among the electorate. However, it can be said that, fortunately, the work of the Constituent Courts led to the establishment of the basic ideas of democracy: the sovereignty of the nation, the separation of powers, the rights of the individual and the equality of citizens before the law.

With regard to individual rights, the text of the constitution enshrines such guarantees and guarantees as the right to freedom (namely the right to worship and the press), property, and personal integrity. And in the name of the principle of equality of all before the law, it ended with court privileges in civil and criminal cases and special commissions; he assured that all Portuguese could be admitted to public office without any distinction other than talent and virtue; it is guaranteed that crafts do not belong to anyone; proclaimed financial justice, without any exception of person or class; and determined that the king could not arrest any citizen.

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In addition, it secured important individual rights in the areas of learning and education, health care and social support, guaranteeing, inter alia, the teaching of reading, writing and numeracy, the creation of new public educational institutions and the creation, maintenance, support and multiplication of Santas Casas da Misericordia, hospitals and other charities.

With regard to state power, she established a strict separation between the legislative, executive and judicial powers, entrusting the first exclusively to the Cortes, the second to the king (with the help of secretaries of state), to whom he simultaneously endowed the head of state, and the third to the courts, depriving the municipal advice of the right to judge in the first instance.

Conceiving the Cortes as a unicameral assembly with elections every two years, the Constitution of 1822, however, had a noticeable drawback: the elections of deputies were indirect and census and also not universal, since among other women under 25 years old, servants and vagabonds. On the other hand, those who did not have sufficient means to support themselves were considered ineligible according to a criterion that was quantified by the text of the constitution itself.

From the foregoing, we can conclude that the Constitution of 1822 established a regime of limited monarchy, in which the power of the King comes from the Nation.

Despite the short duration of its validity – from 09/23/1822 to 06/03/1823 and from 09/10/1836 to 03/20/1838 – it cannot be denied that the Constitution of 1822 represents one of the most important milestones of Portuguese constitutionalism. , only because it was the first text of its kind adopted and applied in our country, and also because in its genesis it was subject to the “theory of democratic legitimacy of constituent power”, as the famous constitutionalist J.-J. Gomes Canotillo. , who, like others, considers it “one of the Portuguese constitutional traditions” initiated precisely by the vintista document.

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Thus was born the constitutional monarchy in Portugal during a turbulent historical period, marked by the independence of Brazil and the war between liberals and absolutists. And in the same way, a democratic legal state began to take shape in our country, which, however, only with the Constitution of 1976 and its subsequent changes acquired the status of a city.

However, it is paradoxical that when modern constitutionalism takes its first and fundamental steps under a liberal-monarchist regime, the current Constitution of the Republic established an incomprehensible and unacceptable material restriction on the right to choose the head of state, imposing an invariable republican form.

Now, in a country fortunate enough to have a royal family as centuries old as its existence as an independent state, there is no reason to deny the national will the right to opt for a constitutional monarchy, which, in the recent, distant past, provided unambiguous evidence of compatibility with democracy and freedom. Moreover, stable hereditary monarchies flourish in the 12 most free and developed European states, embodying national history, unity and continuity in an amazing way.

Coinciding with the celebration of the bicentennial of one of the most important Portuguese constitutions, here is a challenge for a healthy debate on the need to remove this material limitation from our Basic Law, leaving the floor to the nation in which sovereignty resides.

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Every Portuguese wastes 183 kg of food a year, and this is “inconceivable”.

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Every Portuguese wastes 183 kg of food a year, and this is "inconceivable".

President of the Portuguese Federation of Food Banks Against Hunger Isabelle Jonet considers food waste unacceptable and absurd, as every Portuguese wastes 183 kg of food a year.

As World Food Loss and Waste Awareness Day is celebrated, speaking at a conference on the subject in Lisbon, the official recalled statistics released by the National Statistical Institute and said the situation was “worse than expected.”

The data, official and published for the first time, refers to 2020 and shows that 1.89 million tons of food was wasted in Portugal this year, so each Portuguese wasted an average of 183.6 kilograms of food.

INE statistics show that families spend the most. The figures show that over 1.2 million tons of food was wasted by families this year, followed by catering with over 237 thousand tons, trade and distribution with 214 thousand tons, primary production with over 101 thousand tons and food . industry, about 61 thousand tons.

“We buy too much, we buy bad, we let it go bad. It is unacceptable that a third of what is produced ends up in the trash,” the official said, speaking at a debate organized by the United Movement Against Waste.

Ana Cristina Carrola of the Portuguese Environmental Protection Agency (APA), who also took part in the debate, stressed that the average amount of waste per year per inhabitant in the European Union is 173 kg, less than the 183 kg that is thrown away by the Portuguese.

“This is unthinkable in our day,” he lamented.

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Thanks to goals from Evanilson and Pepe, Porto beat Braga in Portuguese; Sporting wins too

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Thanks to goals from Evanilson and Pepe, Porto beat Braga in Portuguese;  Sporting wins too



Evanilson scored four goals in eight matches in the 2022/23 Portuguese Liga (Photo: MIGUEL RIOPA/AFP)

Photo: Lance!

After the draw in the last round Portuguese Championship, Porto won again. This Friday, the defending champions thrashed Braga 4-1 at the Dragau Stadium. Goals came from Evanilson, Eustaquio, Pepe and Galeno. Defender Pepe, against, got to the opponent.

Ex-Fluminense Evanilson opened the scoring in the 32nd minute of the opening stage. Eustaquio tried to make a cross and the Brazilian forward appeared on the second post to prop up his chest. Two minutes later, Pepe filed Eustaquio, who sent the ball into an empty net.

In the final stage, the Portuguese-Brazilian defender Pepe tried to cut off a low cross, but sent him into his own net. Pepe, the former Gremio who assisted, got it from Taremi after a beautiful move that extended the game in the 18th minute. In addition, the Brazilian Galeno closed the account in the north of Portugal.

– I am very happy to score again and, above all, for this victory. A match we knew would be difficult, against a strong opponent who was in good sequence, but in which we managed to impose our rhythm and win three points in front of our fans. Now it’s time to rest and get back to work, already thinking about the next challenge, which is also very important for us, – said Evanilson after the match.

SPORTING TOO WINS

Another great player to take the field this Friday is Sporting CP. In Lisbon, on José de Alvalade, the Lions beat Gil Vicente 3-1. For Rubén Amorim’s side, Morita, Pote Gonçalves and Rocinha scored. Fran Navarro scored in stoppage time.



Sporting CP are the vice-leaders of Portugal (Photo: PATRICIA DE MELO MOREIRA / AFP)

Sporting CP are the vice-leaders of Portugal (Photo: PATRICIA DE MELO MOREIRA / AFP)

Photo: Lance!

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Portuguese tennis player Gonçalo Oliveira in the doubles final of the Lisbon Belém Open

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Portuguese coach praises the development of women's handball after the Iberian duel

Oliveira and Kolar defeated France’s Manuel Guinard and Venezuela’s Luis David Martínez in the semi-finals for first place in the series, in straight sets with partial scores of 6-1 and 6-2 after 58 minutes of play.

In the title match, they will take on the Ukrainian duo of Vladislav Manafov and Oleg Prikhodko, who eliminated Jivan Nedunchezhyan of India and Christopher Rungkat of Indonesia 6-4 and 6-2 in the semi-finals.

For the 27-year-old Portuguese tennis player, this will be his 31st doubles final at the ATP Challenger Tour and third at the Lisboa Belém Open after reaching the final in 2017 with compatriot Frederico Gil and champion in 2020 with Dominican Roberto Cid Subervi.

In singles, Italian Marco Cecchinato, semi-finalist of Roland Garros in 2018, beat Spaniard Carlos Taberner 7-6 (7-2) and 6-4, scheduling a meeting in the semi-final with the “Reserve” Kazakh Timofey Skatov, responsible for eliminating Frenchman Benoit Pera, in three matches, with a score of 6-4, 2-6 and 7-5.

The other semi-final of the Lisbon tournament will be discussed between Austrian Filip Mizolich, who defeated Giulio Zeppieri 6-4 today, and Frenchman Luca van Assche, the executioner of compatriot Alexander Müller, who finished seventh. parts 6-4 and 7-5.

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