PRINCIPLE OF PROPORTIONALITY

» Concept

The principle of proportionality entrusts Administration with the obligation of adopting its acts to concrete purposes that are targeted to attain, adapting the limitations imposed to the rights and interests of other entities to the necessary and reasonable; it deals thus with a principle that has underlying the idea of limitation of the excess, so as the exercise of powers, namely discretionary, do not exceed the indispensable to carrying out public objectives

The principle of proportionality assumes three essential facets:

» The suitability that establishes the connection between the means and the measures and the purposes and objectives

» The need that is translated in the option for the less serious action for the interests of individuals and less damaging of their rights and interests

» The balance or proportionality in stricto sensu, that establishes the report between the action and result

» 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 functions shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith

» Code of Administrative Procedure

Article 5, no 2

Administration?s decisions which conflict with the legally protected personal rights or interests of individuals may only have the effects which are adequate and proportional to the aims proposed