PRINCIPLE OF EQUALTY

» Concept

The principle of equality binds Public Administration to non-positive or negative discrimination of citizens

The principle of equality has a double content: the obligation of providing equal treatment to situations that are legally equal, and the obligation of providing differentiated treatment to situations that are legally different. Therefore, the principle of equality is developed in two facets:

» The prohibition of discrimination

» The prohibition of differentiation

The consequence of this principle is that of the self-binding of Administration, in its turn associated with the principle of impartiality that implies that its discretionary power must be materialized according to the same criteria, measures and conditions with regard to all individuals in an identical situation

The principle of equality, of which is a consequence the principle of the free and fair competition, plays particular relevance in the formation of the administrative contracts in the framework of the treatment relating to competitors, since all have identical interests; equal opportunities is in question, ensured by suitable and timely publicizing, but also the equality in the application of assessment criteria

» Constitution of the Portuguese Republic

Article 266, no 2

Administrative bodies and agents shall be subject to the Constitution and the law and in the performance of their duties shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith

» Code of Administrative Procedure

Article 5, no1

In its relations with individuals, the Public Administration shall be governed by the principle of equality, and no person administered by it shall receive privileges or benefits, be prejudiced or deprived of any right or exempted from any duty by reason of family origins, gender, race, language, country of origin, religion political or ideological beliefs, education, economic situation or social condition