Glossary
English Portuguese
Accusation
Acusação
Acquittal
Absolvição
Appeal
Recurso
Conviction
Condenação
Evidence
Prova
Formal Complaint
Queixa
Hate Crime
Crime de Ódio
Indictiment
Pronúncia
Inquire Archive
Arquivamento do Inquérito
Inquiry / Inquiry phase
Inquérito / Fase de inquérito
Instruction / Instruction phase
Instrução / Fase de Instrução
Judiciary Police
Polícia Judiciária
Non-indictiment
Não pronúncia
Private Party
Assistente
Public Prosecutor
Ministério Público
Suspension of the Proceeding
Suspensão Provisória do Processo
Violent Extremism
Extremismo Violento

Portuguese

Legal Framework

Like many other European Union member states, Portugal has made significant steps to strengthen the protection and empowerment of victims, particularly through important legislative and strategic frameworks.

Hate crimes are not classified as autonomous offences. Rather, they are addressed through other legal provisions, such as:

Discrimination and Incitement to Hatred or Violence

Explicitly criminalised under Article 240º of the Portuguese Penal Code, it targets actions and speech that incite hatred or violence based on race, religion, ethnicity, or other protected characteristics.

This article plays a crucial role in addressing ideologically motivated offenses.

Aggravated Offenses

Hate can be assessed as an aggravated condition to consider when prosecuting other criminal categories, which is recognised for the crimes described in articles no 132, 145, 153, and 154 of the Portuguese Criminal Code.

Strategy for Victims Rights (2024-2028)

The National Strategy for Victims’ Rights, currently ongoing, outlines a forward-looking vision for enhancing victims’ support systems in Portugal.

It is structured around six strategic pillars:

Strength measures aimed at early intervention and prevention.
Empower victims through awareness of their rights and legal avenues.
Ensure that victims receive timely and effective assistance, while valuing the work of support providers.
Create enabling conditions for meaningful victim involvement.
Promote institutional awareness and sensibility across all sectors.
Ground public policy in data, research and regular evaluation.

Country-Specific Approach

Restorative Justice

Restorative justice in Portugal has been integrated into the national justice system.

Particularly, through Law No. 21/2007 of 12 June, which establishes the legal framework for mediation in criminal cases.

This law provides a foundation for restorative justice practices by promoting voluntary, confidential dialogue between victims and offenders, facilitated by trained mediators.

Cases of hate crime or violent extremism

At present, restorative justice is not being applied as a complementary approach to traditional legal processes in cases involving hate crimes or violent extremism in Portugal.

Although the legal framework allows for mediation in certain criminal cases, restorative justice is generally limited to less serious offences.

Hate-motivated crimes and violent extremism incidents are highly sensitive and often deeply traumatic.

For ethical and safety reasons, applying restorative approaches to such cases requires specialist training and strong safeguards, elements which are still in development in Portugal.

However, there is hope for the future.

Ongoing research and advocacy are working to create safe, victim-centred restorative models that might one day be applied to more serious and complex crimes.

These efforts aim to give victims more meaningful options for healing, justice, and closure.

Use of International and EU Frameworks

Victims Statute (Law no. 130/2015)

It transposes the Directive 2012/29/EU into national legislation, establishing a comprehensive framework to ensure that all victims of crime are recognised, respected, and protected throughout the justice process.

It guarantees victims’ access to information, support services, and active participation in criminal proceedings.

Importantly, this was the first time the Portuguese criminal justice system recognised the victim as a processual figure.

Moreover, and importantly, Portugal has a structured national strategy for the support of victims of hate crime and terrorism, however, its implementation is not as clear or well-know as it could.