According to the documentation submitted by Chega, a reviewed Constitution of the Portuguese Republic (CRP) would allow the “coercive penalty of chemical or physical castration to individuals convicted by Portuguese courts for crimes of rape or sexual abuse of minors, sexual abuse of dependent minors and sexual acts with teenagers”, as well as “life imprisonment for particularly serious crimes, to be defined in special legislation”.
A party source told Lusa news agency that the removal of the genitals for those convicted of sexual crimes would only be applied when chemical methods proved to be ineffective and “always with the consent of the accused and full disclosure of the procedures”.
“If accepted by the court, surgical castration will have a beneficial effect on the sentence”, leading to reduced time in prison for the convicted criminal.
The same source from Chega highlighted that “physical castration exists in some North American states, such as Texas, for example”.
In December 2019, the president and sole deputy of the Chega party presented a bill on the chemical castration of paedophiles which the Speaker of the Republic, Ferro Rodrigues, considered to be unconstitutional.
At the end of February Ferro Rodrigues, decided that the Chega proposal should be removed from the agenda of the plenary session of the Assembly of the Republic based on the understanding of the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, which concluded that the bill, “from a constitutional point of view, did not meet the requirements”.
The Superior Council of the Judiciary also considered that the Chega initiative violated articles of the CRP and also of the Universal Declaration of Human Rights, such as the right to human dignity.
The constitutional review of the Chega party, led by André Ventura, also includes the call for “jus sanguinis” (blood right) in the functions of prime minister and ministers, positions that would only be “exercised by individuals with original Portuguese nationality”, or that is, individuals whose parents are Portuguese nationals born in Portugal.
Forced labour for prisoners is another idea advocated by Chega’s sole deputy and pre-presidential candidate.
“Those sentenced to whom a penalty or deprivation of liberty may be imposed may, as a result, and if so imposed by the competent administrative authority, perform mandatory work for the benefit of society, as a way of offsetting the costs inherent of their stay in the prison system”, reads the text.