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Jurists say that forced lease is unconstitutional (with José Luís Moreira da Silva)
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ECO/Advocatus (online) February 20 2023

Jurists say that forced lease is unconstitutional (with José Luís Moreira da Silva)

Jurists say that forced lease is unconstitutional (with José Luís Moreira da Silva)

José Luís Moreira da Silva, Partner at SRS Legal, explains that this "imposition" by the Government must first go through Parliament and that it is a restriction on the right to property. "It remains to be seen whether it is not disproportionate, i.e. whether the measure is necessary and not excessive," he adds.
For the lawyer, if this measure imposes restrictions on the lease agreement, it could be "even more disproportionate". "It remains to be seen whether it does not open up the right to compensation under the expropriations code like any other restriction on the right to property for reasons of public interest," he says.

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