"Illegal forms of private justice emerge when the state itself fails to be effective, as is happening in neighbouring Spain," he said during the ongoing hearing in the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, requested by the CDS-PP (Social Democratic Party) as part of the specialised review of bills proposed by Chega, Iniciativa Liberal (Liberal Initiative), and PSD (Social Democratic Party).

"Something that concerns me greatly is beginning to emerge: illegal forms of private justice. When this happens, it means the rule of law is failing," he emphasised.

The ALP president also criticised the police's inaction in these cases: "The police themselves, when called, say they can't do anything [...], because if they don't see the people entering the house, in the act, nothing will happen. Getting them out is almost completely impossible."

Luís Menezes Leitão considered it "positive" that the various bills presented can be "unified," highlighting as an example the proposal to eliminate the requirement of violence or serious threat to criminalise illegal occupation.

"The 1982 Penal Code [began] to require violence or serious threat to criminalise situations of occupation, which (...) completely leaves out many situations," he criticised, arguing that "illegal entry into the property would be enough" for it to be considered a crime.

The ALP president also praised the strengthening of police powers provided for in the initiatives and the possibility of provisional property restitution.

"Generally speaking, I think that, in this context, it's positive that this [reform] is being implemented," he said.

Increased penalties

In July, the National Assembly approved, in general terms, bills from the Socialist Party (PS), Chega, and Iniciativa Liberal (Liberal Initiative) and a draft resolution from the CDS-PP (Public Security Party) to increase penalties for illegally occupying properties.

Through a bill, the PSD (Social Security Party) proposes criminalising the conduct of those who invade or occupy a home, providing for penalties of up to two years in prison or a fine of up to 240 days. These penalties would be increased in situations where violence is used, the home is owned and occupied permanently, or there is an intention to generate profit.

The IL bill would allow those who illegally occupy third-party properties to be evicted within a maximum period of 48 hours. The Liberals want "violation of domicile and usurpation of immovable property" to be added to the set of crimes provided for by law (such as threats, coercion, or stalking) that currently allow a judge to force criminals to leave their home.

Chega also proposes giving a 48-hour deadline for the person to vacate the property, or immediately in the case of a flagrant offence.