Last updated on: 27 May 2012

Criminalisation of HIV transmission/exposure

Whether Specific law enacted: 
Number of people prosecuted: 
Number of people convicted: 
Applicable law: 

Portuguese Penal Code: Articles 144, 177 and 283.

Key wording in the law: 

Article 144: Who offends the body or the health of another person: c) provoking particularly painful or permanent illness, or serious or incurable psychiatric/psychological anomaly; or d) provoking danger to life.

Article 177: The penalties foreseen in articles 163

Survey respondents/Organisations working on HIV and the Law: 

We have not been able to find any respondents to help us update the information that we collected in 2004. If you are able to provide us with any information please use our contact details below.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residence regulations for people with HIV/AIDS. No HIV test result is required when entering the country. Residence permits for immigrants are issued by the consulates following the principle of reciprocity. There are no specific residence regulations. HIV is not a reason for deportation.

The new Immigration law no 23/2007, Art 32, para D from July 4, 2007 stipulates that entry can be denied only in situations defined by the WHO, or in cases of infectious diseases or parasites that would require protective measures in Portugal itself.

When applying for a work or residency permit (issued by the Portuguese consulates following the principle of reciprocity), a health certificate assuring that the applicant bears no infectious or contagious disease is required. 

It is common understanding in Portugal that HIV/AIDS is not in this category and no HIV specific test result is required. However, the interpretation of the requirement may depend on health authorities and consulate staff at the country of origin.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: Recognized on national level

For updated information, please go to: http://ilga.org