Faced with the Government’s announcement of the “More Housing” package, with which it seeks to respond to the crisis that has drastically worsened access to housing, several voices have been raised against some measures that imply state intervention in the private market and that lead many to alleging potential unconstitutionality, in particular with regard to the compulsory lease of vacant houses.
The President of the Republic has already said that doubts about the possible unconstitutionality of some measures can only be duly raised when the diplomas regulating the announced measures are known.
In this P24constitutionalist Catarina Santos Botelho, Professor of Constitutional Law at the Catholic University of Portugal, explains what the Constitution says about social rights and what conditions need to be met, namely the principle of proportionality, in order to justify the restriction of other constitutional rights like private property.
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