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03 November 2026in RTP Notícias Carlos Melo Alves in an interview with RTP Notícias

Lawyer Carlos Melo Alves was interviewed on the 4 pm news programme on RTP Notícias, where he was invited to comment on the Administrative Court’s ruling regarding the provision of the Decree-Law of August 1974, clarifying that the court did not declare Article 11 of Decree-Law 406/74 to be unconstitutional, but rather a specific interpretation of that provision. Another question that arises is whether this decision by the Administrative Court applies only to that particular protester or extends to all protesters? The judgement is very clear in that it refers only to that particular protester.”

In this interview, Carlos Melo Alves was also interviewed in his capacity as a member of the Bar Association’s Human Rights Commission (CDHOA) and noted that “the Bar Association’s Commission has reached the conclusion that I also support. The principle of proportionality does not apply only when the police are on the ground using force, but also beforehand, that is, when the political authorities decide to order the police to disperse the demonstrators. It is at this point that a conflict of interests arises. On the one hand, there are the physical integrity and the right to life of both the demonstrators and the police officers; on the other hand, there is compliance with Article 11 of Decree-Law 406/74, whose interpretation is highly contested. The Commission takes the view that the protection of physical integrity and the right to life takes precedence over compliance with Article 11, the constitutionality of which is highly contested, particularly regarding the legitimacy of peaceful demonstrations taking place after 00.30.

I would also like to make it quite clear that the Commission has expressed grave concern regarding organised groups infiltrating these demonstrations when and insofar as they seek to exploit the constitutional right to demonstrate and, in doing so, pursue objectives that are contrary to the law. In such circumstances, the public authorities are justified in, and must, take action to put a stop to these groups.”