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Constitutional Court (TC) considers that the point of the Decree-Law on the Portuguese exclude citizens of the award of the Social Integration Income (RSI), based on the residence time in Portugal is unconstitutional. Verification of the law was requested by the Ombudsman in February last year.
The law operates today, as amended in 2012 by the Decree-Law No. 133/2012, which endorsed the revaluation of legal systems of the benefits of the social security system, introduced a point that may have access to RSI Portuguese citizens or of the European Union residing in Portugal for over a year. But the Constitutional Court ruled on Wednesday that this rule is unconstitutional for “violation of the principle of equality.”
The Ombudsman Jose de Faria Costa, who asked to check the law, argued in a statement sent to the judges that “the valuation in terms of finished allude, the residence requirement in the country for a minimum period of time in respect of nationals under the right of access to social service in question, calls immediately and incompressible case, the principles of universality and equality as matrix horizons that molds the system of fundamental rights. “
The decision of the TC was released today by the office of the provider, mentioning that José de Faria Costa “welcomed” with this decision.
The TC has now found the request and consisted that the rule is unconstitutional, as well as the requirement of residence for the extension of RSI “to members the household applicant for social integration income “. The judges decreed that was violated the principle of equality of the two standards, citing Article 13 of the Constitution.
Maria Lucia Amaral and Maria de Fatima Mata-Moors were the judges that revoked that decision. The decision led to several members of the Constitutional Court to submit explanations of vote on the matter
ROSSIO THE GAZETTE
Source:. Observador.pt
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