"Can lawyers invoke the right of resistance? Jurists explain" (with José Luís Moreira da Silva)

"José Luís Moreira da Silva, Partner at SRS Legal and leader of the Association of Law Firms in Portugal (ASAP) argues that the right of resistance is constitutionally enshrined in Article 21, constituting a guarantee against offences against rights, freedoms and guarantees. It may be exercised "against (i) orders violating those rights or (ii) to repel aggressions by force, provided that it is not possible in due time to resort to public authority". But it must be "exercised in the constitutional context, so it must be used proportionately, not excessively or unnecessarily".

[argues that "the Bar Association (and ASAP as well) understands that the Government and the HR have violated the principles constitutionally foreseen for the Professional Bodies and the Lawyers statute. It happens that the TC did not understand this, and did not decree the preventive unconstitutionality of the decree approved by the AR with these provisions. Although this law altering the regime of public professional associations has yet to be implemented for each Bar Association, which will raise the question again, possibly before the TC".
And he explains that this invocation of the right to resist may be limited by some factors: "this is a public entity and its bodies are members of the (autonomous) Public Administration, therefore they are bound by the Laws (principle of legality), and must comply with them until a court rules them out, the TC has already decided that the law is constitutional. Thus, any violation of the law may trigger the responsibility of the offender, leading even to his or her dismissal. The acts practiced may be considered illegal, with all the consequences", says the lawyer.
In conclusion, the lawyer stresses that the invocation of this right by OA "does not seem to us to be the best solution, given the institution in question, part of the Public Administration itself. We will have an institutional conflict between the Central State and part of the State itself. The courts and international institutions seem to me the best measures to defend the public interest of the profession.
Calling attention to the danger of Justice in Portugal. Let's hope that good sense will prevail and not reach unsustainable situations for all parties"."