How to complain

Any person can make a complain to the Ombudsman, communicating the facts and reasons which support the allegation of illegality or injustice made by  public administration bodies, private entities that exercise public powers or develop general interest activities particularly related or also corresponding to a violation of fundamental rights.
The right of complaint to the Ombudsman has, however, conditions and limitations when, respectively, that right is exercised by the military or by public bodies or institutions. In the first case, according to the Law No. 19/95, of July 13, and the National Defense Law, approved by Organic Law No. 1-B/2009, of July 7 (article 34), the military, before submitting an individual complaint to the Ombudsman, had to exhaust all forms of complaint and hierarchical appeal within the chain of command. However, after the Constitutional Court judgment No. 404/2012, of September 18, the norm included in paragraph 1 of article 34 of the National Defense Law was declared unconstitutional, considering unjustified the limitations to the submission of complaints to the Ombudsman regarding Armed Forces’ acts or omissions that offended the military’s rights, freedoms and guarantees. About the second situation, public bodies can not complain to the Ombudsman against other bodies with the same nature, because the Ombudsman is an institution that defends the citizens against the faults committed by public authorities and it is not, conversely, one State body that inquires institutional conflicts between those powers. Nevertheless, the Ombudsman tries to reconcile those institutions, finding the most suitable solution to the protection of the citizens’ legitimate interests and to the improvement of administrative action.
Complaints may be submitted in writing or orally, containing the identity and address of the complainant and, when possible, the signature. When given orally, the complaint is set down in writing and subsequently signed by the complainant (when possible).
Citizens can complain by letter, phone, fax, email (contact details can be found on this page) or by filling a specific form available here. They can also present theirs complainants in personally at the Ombudsman’s office.

© 2024 / Provedor de Justiça - All rights reserved