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Rodrigo Volz Correia, Managing Associate in CCA’s Public Law practice, appeared on Jornal da Meia-Noite, broadcast by SIC Notícias, to discuss the legality of protest encampments demanding action on housing, amid growing debate over the limits of the right to demonstrate.
His comments followed controversy surrounding the continued presence of these encampments in public spaces and the possibility of police intervention should protesters refuse to leave voluntarily.
During his intervention, Rodrigo explained that new forms of protest are increasingly being recognised as deserving legal protection under fundamental rights, including encampments used as a means of demonstration.
According to the lawyer, occupying public spaces for this type of protest should not, in itself, be considered unlawful. Its legality must be assessed in light of the specific circumstances and the need to safeguard other legally protected rights and interests.
In this context, he noted that restrictions on the right to demonstrate may be justified when other rights or interests are at stake, including public order, public health and the rights of third parties, particularly residents living near the protest sites.
Rodrigo also emphasised the importance of proportionality when assessing potential restrictions, highlighting the need to balance freedom of expression and the right to demonstrate with the protection of other fundamental rights.
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