Offense to the President’s honor? Aggravated defamation? Chega could end up in the dock for accusing Marcelo of “treason against the country”

Available elements would allow the Public Prosecutor’s Office to initiate an investigation into offenses against the honor of the President of the Republic. For Chega to respond for the crime of defamation, it would be necessary to file a complaint from Marcelo Rebelo de Sousa himself.

“The President of the Republic betrayed the Portuguese when he said that we have to be guilty and held responsible for our History, that we have to compensate other countries for the History we have with us.” The phrase is from André Ventura in his speech celebrating the 50th anniversary of the 25th of April.

This Wednesday, deputies failed Chega’s draft resolution vote to condemn the President of the Republic’s words about possible reparation to the former colonies. And from the PS, in the voice of Isabel Moreira came a warning: Chega acted “consciously against the honorability of the President of the Republic”, something “highly defamatory and even serious”.

Although the socialist deputy did not frame it as such, Chega could face criminal charges due to the accusations of “betrayal of the country” made against Marcelo Rebelo de Sousa. The experts interviewed by CNN Portugal admit two scenarios: the crime of insulting the honor of the President of the Republic and the crime of aggravated defamation.

“If someone was committing a crime, it would be them [Chega]”

Speaking to CNN Portugal, PS deputy Isabel Moreira considers that the statements coming from Chega are “highly defamatory”. “I explained, in common language, that they were defamatory and serious words”, she adds.

“When someone accuses a political office holder of betraying the country, this is highly offensive. Any jurist knows that the type of betrayal of the country is not met,” he states.

The socialist believes that Chega’s actions represent an “offense to the honor” of the President of the Republic. And she warns: “the right to honor and freedom of expression have equal” weight in the Constitution.

“I wanted to demonstrate that, if someone was committing a crime, it would be them”, he summarizes.

Isabel Moreira even argues that the president of the Assembly of the Republic, José Pedro Aguiar-Branco, should have interrupted Ventura during his speech at the formal session.

Offense to honor: an investigation with everything to go

The experts interviewed by CNN Portugal, a lawyer and a jurist, agree that, in this context, two crimes committed by Chega de André Ventura could be at stake: insulting the honor of the President of the Republic and aggravated defamation. An investigation into the former, they say, is more likely to advance.

“An offense to the honor of the President of the Republic is obvious”, considers Paulo Saragoça da Matta. The lawyer and commentator for CNN Portugal explains that it is the only investigation that the Public Ministry can open ex officio, taking into account that it is a public crime and that there are elements already in the public sphere – such as the statements made by André Ventura throughout the last weeks.

“There is no betrayal of the country, because the crime can never be filled with what happened”, adds the specialist.

The Penal Code provides for punishment “with a prison sentence of up to three years or a fine” for anyone who commits this crime.

“If the insult or defamation is made through words spoken publicly, through the publication of writings or drawings, or through any technical means of communicating with the public, the perpetrator is punished with a prison sentence of six months to three years or with penalty of a fine of not less than 60 days”, the law also provides.

But with one caveat: “the criminal procedure ceases if the President of the Republic expressly declares that he desists from it”.

Aggravated defamation: the unlikely investigation

Marcelo Rebelo de Sousa has sought to devalue Chega’s actions in this matter. This is why an investigation into aggravated defamation is unlikely: experts explain that, as it is a semi-public crime, there would have to be a complaint from the target, in this case the head of state.

“For semi-public crimes, there must be a complaint. And the action can be continued by the Public Ministry”, attests jurist Paulo Veiga Moura.

The expert states that the accusation would not be punishable if it had occurred to “carry out legitimate interests” or to prove the truth of the accusations. “I doubt Chega has legitimate interests”, he assesses.

Paulo Veiga Moura adds that, to be legitimate, interests must respect the principles “of reasonableness, proportionality and the criteria of the average citizen”.

“Whoever, addressing a third party, imputes to another person, even in the form of suspicion, a fact, or formulates a judgment about him, offensive to his honor or consideration, or reproduces such an imputation or judgment, is punished with a penalty imprisonment of up to six months or a fine of up to 240 days”, provides for the Penal Code.