This position, published on the CNE’s internet portal, is found in the minutes of a meeting held on April 1, listed as a “request for opinion,” in response to complaints made by unidentified “citizens” regarding the Chega party’s billboards.
Within the context of the legislative elections scheduled for May 18, the CNE notes that “complaints were submitted regarding the outdoor advertisement of the Chega party” which presents the message “50 years of corruption. It’s time to say Chega” alongside photographs of former Prime Minister José Sócrates and the current one, Luís Montenegro.
The CNE “decided, by majority, with André Barbosa abstaining,” that “the principle of freedom of action and propaganda of the candidacies prevails during propaganda activities”, citing Article 37 of the Constitution that safeguards “the right to freely express and publicize thought by word, image, or any other means”.
This position, structured in six points, argues that “except in exceptional situations, the content of propaganda is not subject to oversight by the CNE”, though it notes that “the content of propaganda is naturally subject to certain limits, particularly those resulting from the Penal Code”.
The Prime Minister and PSD President, Luís Montenegro, filed a cautionary action for the removal of these billboards. The outcome of this legal action is still unknown, but Chega has been asked to provide a response.
In addition to Article 37, the CNE also referenced Articles 13, 113, and 18, number 2 of the Constitution of the Republic, concerning the principle of equality, general principles of electoral law, and legal force.
Prime Minister Luís Montenegro today confirmed he initiated a cautionary action against Chega for the removal of billboards linking him with former socialist government leader José Sócrates and the issue of corruption.
Lusa | 16:51 – 24/03/2025
Article 18, number 2, states that “the law can only restrict rights, freedoms, and guarantees explicitly provided for in the Constitution, and restrictions must be limited to what is necessary to safeguard other constitutionally protected rights or interests.”
“In these terms, propaganda activity, including political party propaganda with or without electoral nature, regardless of the means used, is free and can be carried out outside or during campaign periods, subject to prohibitions expressly established by law”, it notes.
“Moreover, except in exceptional situations, the content of propaganda is not subject to oversight by the CNE. In this realm of political-electoral propaganda, the Commission’s mission is to guarantee the exercise of the right to propaganda itself”, supports this independent body that operates alongside the Assembly of the Republic.
In the last point, the CNE emphasizes that “the content of propaganda is, naturally, subject to certain limits, specifically those resulting from the Penal Code”.
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