In a directive accessible to major news agencies, José Pedro Aguiar-Branco emphasizes that the members of the parliament’s board have “special functional duties of impartiality” and that performing these roles is “absolutely” incompatible with discriminatory, offensive, or intimidating actions.
Although no specific sanctions are outlined for such behaviors in the national political system, Aguiar-Branco’s directive suggests that following the inquiry, there may potentially be “recommendations tailored to the current situation.”
Aguiar-Branco notes that on Thursday, Socialist deputy Isabel Moreira filed a complaint against Filipe Melo, who was serving as the vice-secretary of the board, for “allegedly inappropriate and offensive behaviors.”
During the plenary session, Filipe Melo allegedly made disrespectful gestures towards her, including blowing kisses and making gestures for her to be quiet, reportedly in an attempt to silence her.
The former social-democratic minister argues that “such facts may constitute a violation of fundamental duties of the deputies, outlined both in the Deputies’ Statute (…) and in the Deputies’ Code of Conduct.”
“According to the Deputies’ Statute, deputies must respect the dignity of the Assembly of the Republic and fellow deputies. The Code of Conduct for Deputies to the Assembly of the Republic outlines the principles and guiding criteria that should govern the performance of deputies’ mandates, stipulating that deputies must perform their duties with respect for other deputies and holders of other state organs. They must contribute to the ‘credibility of democratic institutions, refraining from behaviors that do not honor the parliamentary institution,'” the directive states.
Aguiar-Branco further highlights that members of the Assembly of the Republic’s board, particularly in the case of deputy Filipe Melo, have special functional duties of impartiality, fairness, and rigor, ensuring the proper functioning of parliamentary work and protecting all deputies’ right to intervene and express themselves, regardless of political or ideological distinctions.
“Any behavior that can be interpreted as an attempt to intimidate or silence a deputy in the exercise of their mandate is particularly serious when perpetrated by a board member, as it challenges not only parliamentary decorum but the institution’s credibility as a guarantor of democratic pluralism,” the President of the Assembly of the Republic underscores.
Therefore, according to José Pedro Aguiar-Branco, “gestures or words that can be interpreted as provocative, discriminatory, offensive, or intimidating are absolutely incompatible with the functions of the board.”
In his directive, Aguiar-Branco notes that “the Portuguese political system does not provide for any procedure, particularly of a sanctioning nature, concerning behaviors that do not respect the dignity of the Assembly of the Republic and all those who participate in it.”
However, Aguiar-Branco indicates that “there is a legal provision allowing the President of the Assembly of the Republic—who is at the forefront of ensuring that the Constitution and the law are observed by Parliament, responsible for exercising all competencies granted by law for that purpose—to initiate an inquiry to ascertain any severe irregularities committed in violation of deputies’ duties (…) within the framework of the Parliamentary Commission on Transparency and Statute of Deputies.”
“Thus, considering that the reported behavior may constitute a serious violation of the specific duties of Deputies—which require high standards of ethics and maximum integrity, honesty, and responsibility—and given that the complaint was formally submitted, the prerequisites for the competent body to investigate the matter are deemed to be met,” he adds.
