{"id":19001,"date":"2020-09-28T15:38:47","date_gmt":"2020-09-28T14:38:47","guid":{"rendered":"http:\/\/www.provedor-jus.pt\/the-ombudsperson\/mandato\/"},"modified":"2026-11-03T18:22:27","modified_gmt":"2026-11-03T18:22:27","slug":"the-mandate","status":"publish","type":"page","link":"https:\/\/www.provedor-jus.pt\/en\/who-we-are\/the-ombudsperson\/the-mandate\/","title":{"rendered":"The Mandate"},"content":{"rendered":"
\"OuvirOuvir<\/a><\/div>
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[vc_row][vc_column width=”1\/3″ el_class=”column_container_left”][vc_wp_custommenu nav_menu=”127″ el_class=”menu-main-menu”][\/vc_column][vc_column width=”2\/3″ el_class=”column_container_right”][vc_custom_heading text=”The Mandate” font_container=”tag:h1|font_size:50px|text_align:left” google_fonts=”font_family:Unna%3Aregular|font_style:400%20regular%3A400%3Anormal”][vc_column_text css=””]The Ombudsperson is a State body with constitutional consolidation, in its article 23, and legal support in the Law No. 9\/91, April 9 (and its amends), which is his Statute.<\/p>\n

Appointed by the Parliament – with qualified majority of its members – the Ombudsperson is mandated to receive complaints of all (natural or legal) persons who feel harmed by unfair or illegal public administration\u2019s acts or when their fundamental rights are violated. The Ombudsperson is elected for four years, with the possibility of being re-elected once for the same period.<\/p>\n

The main function of the Ombudsperson is the defense and the promotion of the fundamental rights and freedom and the citizens\u2019 legitimate interests, ensuring, through informal means, the justice and the legality of the exercise of public powers.<\/p>\n

The intervention of the Ombudsperson is based on the complainants received. However, it is also possible that his intervention is done by his own initiative (articles 4 and 24, paragraph 1, of the Statute), in respect to facts that, by any way, come to his knowledge or through the media, whether the alerts from non-governmental organizations and reports from international organizations, both for his natural sensitivity to perceive the most problematic national situations and also by particularly acuteness with examining complaints to better provide. This State body has full autonomy to act on his own initiative, investigating, monitoring, reporting irregularities and recommending changes in order to improve public services.<\/p>\n

Unipersonal, irremovable, fully independent and impartial, the Ombudsperson is not, civil and criminal liable for his recommendations, opinions or repairs that he emits or for others acts that he practices in the performance of his duties.<\/p>\n

In addition to the traditional functions of Ombudsperson, the Ombudsperson is, since 1999, the National Human Rights Institution, accredited with A-status by the United Nations, full compliant with the Paris Principles. Consequently, his mission is to promote and to defend the fundamental human rights against all forms of aggression, not only against the administrative disrespect. As the National Human Rights Institution, the Ombudsperson is attentive, among others issues, to the fulfillment of children\u2019s, elder\u2019s and persons with disabilities\u2019 rights. This State body is a privileged interlocutor with international entities that have a legitimate interest in knowing the human rights situation in Portugal.<\/p>\n

Following the ratification by the Portuguese State of the Optional Protocol to the Convention against Torture and Other Cruel, Cruel, Inhuman or Degrading, the Ombudsperson was appointed as the National Preventive Mechanism. The Ombudsperson visits reclusion places (such as prisons facilities or psychiatry hospitals), analyzing the conditions of the places visited, especially if they do not offend the dignity of persons and, if they do it, he could do recommendations to repair the outrageous situation.<\/p>\n

In addition, as of September 2026, supervisory functions will also be carried out\u00a0under the Independent Monitoring Mechanism provided for in the Legal Framework Governing the Entry, Stay, Departure, and Removal of Foreign Nationals from the national territory (Article 40-N of Law No. 23\/2007, of July 4, as currently in force).<\/p>\n

Finally, and by virtue of his office, the Ombudsperson is member of the Council of State.[\/vc_column_text][vc_empty_space alter_height=”medium” hide_on_mobile=””][vc_tta_accordion title_tag=”h1″ section_title_tag=”h3″ style=”modern” c_align=”left” active_section=”1″][vc_tta_section title=”Strategic Commitments (2026-2030)” tab_id=”1793726548328-231b4217-4dd5″][vc_column_text css=””]Listening, Preventing and Remedying rights-related concerns through a people-centred, independent and forward-looking institution.<\/strong><\/p>\n

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  1. Legal Education, Democratic Citizenship and Constitutional Culture<\/li>\n
  2. Multilevel Governance of Fundamental Rights<\/li>\n
  3. Inclusion, Vulnerability Prevention and Emerging Risks Protection<\/li>\n
  4. Transparency and Integrity in the Digital Age<\/li>\n
  5. Universality of Rights, Migration and Protection Guarantees<\/li>\n
  6. Democratic Participation and Good Administration<\/li>\n
  7. Strategic Foresight and Public Policy Innovation<\/li>\n
  8. Sustainability, Intergenerational Justice and Territorial Cohesion<\/li>\n<\/ol>\n

    Institutional Development Commitments<\/strong><\/p>\n