The MAS (Movimento Alternativa Socialista – Socialist Alternative Movement) is a new party founded in Portugal in March 2012. Once it appeared it immediately implemented the necessary procedures to achieve its legalization, in accordance with the legislation of its country.
In a few months it managed to largely surpass the number of signatures required for its legalization, presenting 9259 in time and form, almost 2000 more than those demanded. And all the required documentation by law was presented.
Nevertheless, the Portuguese Constitutional Court of Law has just denied its legalization, arguing that its statutes are not formulated in accordance with the electoral laws. With this pretext a group of citizens is thus denied the constitutional right to politically engage themselves and defend their ideas in the electoral ground. It is a real proscription, improper of a country that claims to rule itself democratically.
The Constitutional Court, stating that one of the articles of the statutes is incorrect and without granting the opportunity for its modification, decided to deny legality to the MAS, thereby ignoring the will of 9259 Portuguese citizens.
However, the very same court had done the opposite with another party, Portugal Pro Vida, which in a similar situation was allowed to change its statutes. So the Court reveals itself contrary to the right of equality before the law.
This fact is so scandalous that Antonio Marinho Pinto, head of the Bar Association (the organization that represents the professional group of lawyers) denounced it in the press, accusing the Court of over-exceeding its functions by assuming the role of“guardian of the party system” and arrogating to itself the right of vetoing the popular will.
It is an evident trampling of democracy that prevents thousands of citizens of electing and being elected and attempts against democracy in Portugal. It is necessary that we declare ourselves in defence of this elementary right!
So, we ask every democratic, socialist, fighting sectors to subscribe the petition below, sending it to the Constitutional Court of Law, with copies to the indicated emails.
Petition
Your Excellency,Mr President of the Constitutional Court of Law in Portugal
We, the under-signed, agree that the citizens’ rights to political organization and standing for elections are elementary democratic rights, provided that the required legal procedures are met. In the case of Movimento de Alternativa Socialista (MAS) their demand, in due time presented to your Court, was supported by thousands of citizens, in fact many more than those required by law.
We therefore ask that the Portuguese Constitutional Court of Law amends the sentence that denies MAS their legal registration as a political party.
Please e-mail to:
Gabinete do Presidente gabinete.presidente@tribconstitucional.pt
Gabinete do Vice-presidente gab.vice-presidente@tribconstitucional.pt
Geral do TC tribunal@tribconstitucional.pt
With copy to: mas@mas.org.pt
