Hate crime legislation in Portugal

(Decree Law 48/95, last amended by Law 15/2024 of January 15, 2024.) 

(Unofficial translation, emphasis added)

Excerpts related to Hate crime offences 

Article 132 – Aggravated Murder
1. When death is produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished with imprisonment from 12 to 25 years.

2. The following circumstances reveal the special reprehensibility or perversity that is referred to in the previous paragraph, namely, the circumstance that the agent:
(...)
(f) is determined by racial, religious, political hatred or based on the victim’s colour, ethnic or national origin, sex, sexual orientation or gender identity;
(...)

Article 145 – Aggravated assault (serious bodily harm)
1. If the offenses to the physical integrity are produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished:
a) With a prison sentence of up to 4 years in the case of Article 143 [simple assault/bodily harm];
b) With a prison sentence of 1 to 5 years in the case of paragraph 2 of Article 144-A [preparatory acts for female genital mutilation];
c) With a prison sentence of 3 to 12 years in the case of article 144 [serious assault/grievous bodily harm] and paragraph 1 of article 144-A [female genital mutilation].
2. The circumstances described in Article 132 of paragraph 2 are likely to reveal the offender’s special reprehensibility or perversity, among others.

Article 155 – Aggravation
1 – When the acts provided for in articles 153 to 154-C [Article 153 – Threat, Article 154 – Coercion, Article 154-A – Stalking, Article 154-B - Forced marriage, Article 154-C - Preparatory acts] are carried out:
[…]
e) By the determining circumstance provided for in Article 132(2)(f)
the offender is punished with imprisonment for not more than two years or with fine for not more than 240 days, in the case of article 153 and 154-C, and with sentence of imprisonment from one to five years, in the case of paragraph 1 of article 154 and article 154-A, and with sentence of imprisonment from one to eight years, in the case of article 154-B.

Excerpts related to Hate speech offences

Article 240 - Discrimination and incitement to hatred and violence 
1. Anyone who: 
a) Founds or establishes an organization or engages in propaganda activities that incite or encourage discrimination, hatred, or violence against a person or group of people based on their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression or sexual characteristics, or physical or mental disability; or
b) Participates in the organizations referred to in the previous paragraph, in the activities they undertake, or provides them with assistance, including financing; 
is punished with imprisonment for 1 to 8 years. 
2. Anyone who, publicly, by any means intended for dissemination, especially through the apology, denial, or gross trivialization of crimes of genocide, war, or crimes against peace and humanity: 
a) Incites acts of violence against a person or group of people because of their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression or sexual characteristics, physical or mental disability; 
b) Defames or insults a person or group of people because of their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression or sexual characteristics, physical or mental disability; 
c) Threatening a person or group of people because of their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression, or sexual characteristics, physical or mental disability; or 
d) Inciting discrimination, hatred, or violence against a person or group of people because of their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression, or sexual characteristics, or physical or mental disability; 
is punishable by imprisonment of 6 months to 5 years. 
3. When the crimes provided for in the previous paragraphs are committed through a computer system, the court may order the deletion of computer data or content.