Can I hold a protest?
Yes: protesting is a constitutional right (art. 45 of the Constitution), with prior notice — no authorization needed. The basis is art. 45 of the Constitution and Decree-Law 406/74. It requires prior notice (not a licence): in writing, at least 2 working days ahead, signed by 3 organizers, stating time, place, object and route. The notice goes to the Mayor (the old Civil Governor was abolished), who informs the PSP/GNR. There are time and place limits (marches only on Sundays/holidays, Saturdays after noon, weekdays after 19:30; gatherings may be barred within 100 m of State bodies, barracks, prisons, embassies). Police only dissolve if there's violence or weapons. In short: yes, with prior notice.
📋 The rules
- Constitutional right (art. 45): notice, not authorization
- Written notice, 2 working days ahead, by 3 organizers
- Notice to the Mayor (who informs PSP/GNR)
- Limits: certain hours and 100 m from State bodies
- Police dissolve only with violence or weapons
🔓 Exceptions
- Private/non-public gatherings: no notice
- Spontaneous protests: not a crime, but without full legal protection
- Armed or racist gatherings: not protected (art. 46)
⚠️ Penalties & fines
There's no specific administrative fine — enforcement is criminal. Defying a lawful dissolution of the protest is aggravated disobedience (art. 348 of the Penal Code), with up to 2 years in prison or up to 240 day-fines (court-set). Beware a myth: you don't need "permission" or a "licence" to protest — just prior notice. And don't import Brazil's doctrine (art. 5, XVI) or the abolished "Civil Governor" recipient. To protest: give written notice to the municipality 2 working days ahead, signed by 3 organizers, stating time, place and route; keep it peaceful and unarmed; and respect the hour limits and the 100 m from State bodies.
📎 Official sources
❓ Frequently asked
Do I need authorization to protest?
No. Protesting is a constitutional right, subject only to prior notice, not authorization. You must give written notice at least 2 working days ahead, stating time, place, object and route. It's a myth that a licence or permission is needed to hold a protest.
Who is the notice given to?
The prior notice is addressed to the Mayor, who then informs the PSP or GNR. The old Civil Governor, who used to be the recipient, was abolished in 2011. The notice must be signed by three organizers and contain the protest's essential details.
Are there time and place limits?
Yes. Marches, for example, may only take place on Sundays and holidays, on Saturdays after noon and on weekdays after 19:30. The authorities may also bar gatherings within 100 metres of State bodies, barracks, prisons, embassies or party headquarters.
Can the police end the protest?
Only in limited cases. The police may only dissolve a protest when it turns armed or violent, or seriously disturbs public order. Defying a lawful dissolution is a crime of aggravated disobedience. Peaceful, unarmed protests are protected.
And spontaneous protests?
Spontaneous protests, without prior notice, are not a crime, but they don't enjoy the full legal protection that notice provides. If you want to secure the rights associated with the protest, you should give prior notice. Armed or racist gatherings are never protected by the Constitution.
🔎 Common searches
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