Ombudsman

Provedor de Justiça

63/100

Summary

The Provedor de Justiça (Justice Ombudsman) is constitutionally established under Article 23 of the Constitution of the Portuguese Republic and governed by Lei n.º 9/91. The Provedor is elected by the Assembleia da República (parliament) by a two-thirds majority of Members present (provided this exceeds an absolute majority of Members in office) for a renewable four-year term; a candidate may be re-elected only once. The Provedor must be a citizen meeting the qualifications for election to parliament and enjoy a reputation of integrity and independence, and is subject to the same incompatibilities as serving court judges. The office investigates complaints about acts or omissions of public authorities, may issue recommendations and suggestions, and reports annually to Parliament. Its budget is part of the Parliament's budget, ensuring independence from executive control.

Independence Scorecard

Independence Score: 63/100 (good)
63/100
Limited
Methodology v0.1
AppointmentSupermajority legislative appointment
Term length4 years
Removal standardFor cause only
Budget independenceLegislative line item
Subpoena powerNo
Compel testimonyNo
Records accessFull access
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Lei n.º 9/91, de 9 de Abril (Estatuto do Provedor de Justiça)
Citation
Lei n.º 9/91, de 9 de Abril; CRP art. 23
Full text
Full text of law →

Jurisdiction scope

All state bodies, public administrations, autonomous regions, local authorities, and public or private entities exercising public powers; may act on complaints from any person regardless of nationality

Secondary Sources