The President of the Republic, Marcelo Rebelo de Sousa, promulgated a decree of the Assembly of the Republic that prohibits and criminalizes acts aimed at forcibly changing sexual orientation or gender identity.
“The President of the Republic promulgated a decree of the Assembly of the Republic that prohibits the so-called practice of “sexual conversion” against LGBT+ people, criminalizing acts aimed at changing, restricting or suppressing sexual orientation, gender identity or expression, amending Law No. 38/ 2018 of August 7 and the Criminal Code,” says a note published on the official website of the President of the Republic.
Parliament approved the diploma on December 23, 2023.
The final text covered bills from the PS, Bloco de Esquerda, Livre and PAN and had the support, in addition to supporters, of the Liberal Initiative and the PCP, but received votes against the PSD and Chegi.
The law amends the Criminal Code to prohibit “any act aimed at forcibly changing sexual orientation, gender identity or expression.”
“Anyone who subjects another person to acts intended to change or suppress his sexual orientation, gender identity or expression, including the performance or promotion of medical-surgical procedures, practices using pharmacological, psychotherapeutic or other psychological or behavioral resources, is punishable by imprisonment.” punishment up to 3 years or a fine,” the final text says.
If they involve permanent physical changes, the prison sentence can be up to five years.
Penalties are increased if the crimes are committed by more than one person, if the victim is under 16, under 14 or is a particularly vulnerable person, and in other situations.
A person convicted of these crimes may also be prohibited from performing functions that involve regular contact with minors, as well as from accepting the trust of a minor, whether through adoption, foster care, civil sponsorship, or other type of guardianship, for a period of two to twenty years. . years.
It is also planned to conduct research into practices aimed at changing, restricting or suppressing sexual orientation, gender identity or expression in Portugal, their impact on the physical and mental health of victims, and to conduct research into the number of victims throughout the country. territory.