Sexual, racial, and immigrant minorities benefit from large protection. Jews don't count. The state apparatus and its press can continue to be entangled in Palestinian issues and the publication of lists of Jews. The crime of discrimination, as defined in the Portuguese Penal Code, continues to be a divisive issue in society, more so than a guarantee of effective punishment for discriminators.
On June 12, 2026, the Assembly of the Republic voted on multiple high-profile proposals aimed at redefining or strengthening Article 240.
The Citizens' Legislative Initiative (ILC), subscribed to by over 32,000 citizens and coordinated by the Grupo de Ação Conjunta Contra o Racismo (Joint Action Group Against Racism), sought to remove the requirement that discrimination must occur via "means of public dissemination". It aimed to criminalize direct, face-to-face (offline) acts of racism and xenophobia, and increase prison sentences from the current 5-year maximum to up to 8 years. Regardless of the merit or demerit of the proposal,Jews remained forgotten outside of legal protection.
Left-Wing Political Parties (Livre, Bloco de Esquerda, PAN) submitted parallel bills to harden the penal framework for hate crimes and establish broader equality and anti-discrimination legislation. Once again, Jews remained forgotten and outside of legal protection.
The Chega party presented a proposal stating that the current text limits "freedom of opinion" and sought to ensure that expressions of personal beliefs or opinions cannot be penalized under this article. The party wants to append a specific clause to Article 240 stating that the law cannot be used "to restrict freedom of expression, academic freedom, or conscientious objection". However, regardless of the merit or demerit of the proposal, Jews remained forgotten and outside of legal protection.
The Chega proposal passed the general phase without a final plenary vote and moved down to the specialized parliamentary committee (comissão na especialidade) for detailed discussion and drafting. The bill successfully avoided an immediate rejection because the right-wing majority parties (including the PSD) allowed it to transition to the committee stage for deeper review, while left-leaning parties like the PS opposed the shift.
