Law will have to respect right to housing and property

«The measure [of forced lease] is not compromised in a definitive manner, because the note of admissibility - also called technical note - prepared by the jurists at the service of the Parliament constitutes only a technical contribution, without a binding nature, since the 'last word' will always be given by the Constitutional Court", explains Regina Santos Pereira, Partner at SRS and specialist in lease issues.
However, the same Lawyer considers that this perspective "cannot but be considered as the first legal opinion of constitutional conformity of the legislative initiative". In this sense, she adds, "the measure may be corrected or amended, namely so that the principle of proportionality between the public interest of ensuring the right to housing and the right to private property is respected".»

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«According to Regina Santos Pereira, it is not only the coercive lease that may have unconstitutional rules. "The measures regarding the non-transition to the New Urban Lease Regime (NRAU) of leases entered into prior to 1990 and the rents of new leases may raise doubts as to their constitutional conformity since, in certain cases, they may also constitute a restriction to private property", stresses the same specialist and partner of SRS.
In addition to the aforementioned, also "the measures regarding the activity of local accommodation may also constitute a violation of the right of free economic initiative constitutionally foreseen", further emphasises Regina Santos Pereira. Therefore, "although there may not be a preventive review, the application of these measures may be refused by the courts because they are also responsible for the concrete review of the constitutionality of the rules that may be published", she explains.»