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The President of the Republic on Sunday called "social reasons" by promulgating the diploma of parliament that temporarily suspends the evictions of tenants in a vulnerable situation, people aged 65 and citizens with a high disability. arguments and social reasons for greater fragility and less responsiveness, the justification for the degree, understood the President of the Republic should prevail over them.In fact, in line with his understanding of always ", reads in a long note by Marcelo Rebelo de Sousa
On July 6, Parliament approved in a final overall vote a diploma based on the projects of the PS and the Left Bloc, which establishes an "extraordinary and extraordinary regime" , published on the website of the Presidency of the Republic transitional provision for the protection of elderly or disabled people who are tenants and have lived in the same place for more than fifteen years. "[19659004]
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This diploma was approved with the votes in favor of the parliamentary left (PS, PCP, BE and PEV) and PAN, having been rejected by the PSD and the CDS-PP
. to prevent certain evictions of persons over 65 years of age and persons with a high degree of disability who have been tenants for at least 15 years, within a period considered sufficient for a possible global review of the legislation on urban leasing "
" This decree-law seems to be intended, with its validity of about nine months, to prevent certain dismissals of persons over sixty years of age. "
Marcelo Rebelo's note de Sousa and five years old and people with a high degree of disability, tenants for at least fifteen years, within a time deemed sufficient for a possible overall reassessment of legislation on urban leases.
a substantial unambiguous option for the protection of these two segments of the population, except where the owner or first-degree descendants are in need of housing and in the event of termination and termination of the contract
From the point of view of substantive solution and previous legal experience, the successive legal regimes in this area have not been considered as violating the applicable principles of the Constitution of the Republic.
Thus, on the one hand, successive regimes have never been declared unconstitutional, for violation of the right to private property, freedom of private initiative or private autonomy, successive regimes protecting, inter alia, tenants over sixty-five and even granting rights to descendants
In addition, the fact that we understand who is devoted to other situations judging Equivalent or more deserving – tenants under the conditions described less than fifteen years ago or younger tenants with several dependent minors – is not sufficient in itself to invoke the violation of the principle of equality.
on the other hand, the 2012 amendment of the legal regime in force since 2006 was not found unconstitutional, due to a violation of legal expectations or the protection of trust, and has been changed several times. In addition, the urban lease regime was amended once again a year ago, specifically with respect to the termination of the work.
From the point of view of landowners' defenses, it does not appear that there is unconstitutionality that there is a substantial and difficult solution to the principle of effective judicial protection, which must respect the material right at any time and that, from the entry into force of this law, it will suspend the exercise of the right to expulsion in situations
What can be said of the diploma in terms of policies?
Contrary to the indications given, one can invoke what this means by political preference for the protection of certain tenants vis-à-vis the corresponding owners and thus the effects, at least partially unfavorable, to the assertion and the Expansion of the real estate market.
Weighted these arguments and the social reasons for my fragility and less responsiveness, the justification for the degree, understood the President of the Republic should prevail.
In these terms, the President of the Republic promulgated the decree of the Assembly of the Republic establishing an extraordinary and transitional regime for the protection of the elderly or disabled who are tenants and reside in the same rented for more fifteen years old. "
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