The fundamental right to asylum in Portugal; two-speed or dual-source protection?

The fundamental right to asylum in Portugal; two-speed or dual-source protection?

The present post attempts to discuss the fundamental right to asylum as enshrined in the Portuguese Constitution, aiming to identify which exact asylum grounds it entails and what is the extent of the protection it actually offers. Beginning with a brief analysis of Art. 33, its ratio and historical foundations, it is argued that a literal and therefore narrow interpretation could lead to insufficient constitutional protection of asylum seekers in Portugal. This brief analysis aims to overcome the restrictive conception of the right to asylum that results from the written constitutional law, by reviewing key judicial decisions and doctrine, claiming that a broader interpretation of the asylum protection in the Portuguese Constitution could lead to an enhancement of the protection of aliens in Portugal.