Juvenile Laws at Portugal
Portugal’s juvenile justice system is built on welfare and rehabilitative principles, aiming to educate rather than punish young offenders. It distinguishes clearly between children in need of protection and juveniles in conflict with the law, with a strong focus on social reintegration, education, and non-custodial measures.
Juvenile Laws in Portugal
📜 Key Legal Frameworks
Law No. 166/99 – Law on the Educational Guardianship of Minors (Lei Tutelar Educativa)
Governs how juveniles aged 12 to 16 are treated if they commit an act classified as a crime under Portuguese law.
Focuses on educational measures, not punishment.
Aims to prevent reoffending and support the juvenile’s personal development.
Law No. 147/99 – Law on the Protection of Children and Young People in Danger
Applies to children under 18 years old who are at risk due to neglect, abuse, or harmful environments.
Prioritizes child protection, support for families, and social services intervention.
Portuguese Penal Code & Criminal Procedure Code
Apply to offenders 17 and older.
In rare and severe cases, minors aged 16+ may face criminal liability under adult laws.
👶 Age of Criminal Responsibility
| Age Group | Legal Status |
|---|---|
| Under 12 | No criminal responsibility; handled by child protection services |
| 12–15 years | Governed by Educational Guardianship Law; focus on education, not punishment |
| 16–17 years | Can be criminally liable under exceptional circumstances (serious offenses) |
| 18+ | Treated as adults under standard criminal law |
⚖️ Juvenile Justice Procedure (Ages 12–15)
When a minor aged 12–15 commits a criminal offense, they enter the educational guardianship system, which involves:
Referral to a Juvenile Court
The court assesses whether an educational measure is needed.
Proceedings are non-criminal in nature and focus on social needs and moral development.
Assessment Phase
The juvenile’s background, family situation, school attendance, and psychological profile are evaluated.
Involves social workers, psychologists, and educational professionals.
Possible Outcomes
✅ Educational Measures (Medidas Tutelares Educativas):
Admonition – A formal warning by the judge.
Imposition of duties – e.g., attending school, avoiding certain people, community service.
Support from an educational guardian – Close supervision by a professional.
Placement in a specialized educational center (closed or open):
Closed centers only for serious or repeat offenses.
Duration is proportional, but never exceeds the age of 21.
Probation – Monitored by social services with a structured development plan.
🧒 Rights of Juvenile Offenders
Juveniles in the system are guaranteed:
Right to legal representation
Right to be heard and to participate in decisions
Privacy (cases are held in private; names are not published)
Education and psychological support during any custodial period
🛡️ Juveniles in Need of Protection (Child Welfare Cases)
Children or youth exposed to:
Abuse
Neglect
Sexual exploitation
Living in dangerous or degrading conditions
… are handled through child protection procedures under Law 147/99, not the justice system.
Measures include:
Support for families
Social services monitoring
Temporary removal from harmful environments
Foster care or institutional placement
🧠 Rehabilitation and Reintegration Focus
Portugal emphasizes:
Social reintegration, education, and vocational training
Therapeutic support for behavioral, emotional, or substance-related issues
Family involvement in intervention plans
Restorative approaches (e.g., victim-offender mediation) in some regions
⛔ Use of Detention
Detention is a last resort.
Only applied in serious or repeated cases.
Juveniles are held in dedicated educational centers, never adult prisons.
Even in custody, they must have:
Access to education
Psychological and social support
A plan for reintegration
🌍 International Standards
Portugal complies with:
UN Convention on the Rights of the Child (CRC)
Beijing Rules (UN rules on juvenile justice)
European Convention on Human Rights (ECHR)
UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)
✅ Summary Table
| Aspect | Details |
|---|---|
| Minimum age of criminal responsibility | 12 years (under guardianship law) |
| Full criminal responsibility | 16 years (only for serious crimes) |
| Focus | Rehabilitation, education, social reintegration |
| Types of measures | Admonition, supervision, community service, placement in educational centers |
| Detention | Only for serious/repeat offenders, in juvenile-only facilities |
⚠️ Challenges
Resource limitations in some youth centers
Regional disparities in access to mental health or reintegration programs
Public pressure for tougher responses in rare high-profile youth crime cases
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