Action for the Protection of Rights, Freedoms, and Guarantees. AIMA Strike. Action for the Protection of Rights, Freedoms, and Guarantees. AIMA strike.

In Portugal, regularizing immigration status has become a significant challenge for many foreigners, especially given the operational difficulties faced by the Agency for Integration, Migration and Asylum (AIMA). The strike affecting this agency, which is responsible for managing migration processes, has led to delays and uncertainties that jeopardize the fundamental rights of immigrants. Faced with this scenario, the Action for the Protection of Rights, Freedoms, and Guarantees emerges as an effective legal solution to protect the rights of these individuals, guaranteeing them due legal process and respect for constitutional norms.

This article aims to explore the Subpoena Action in detail, discussing its legal basis, appropriateness, and importance in the current context, to provide a practical guide for assisting with immigration regularization in Portugal.

Administrative Justice and the Subpoena Action

Administrative justice in Portugal is the mechanism through which citizens can challenge decisions or omissions by the public administration that affect their rights. Regulated by a set of rules and principles, administrative justice has evolved to more effectively protect the rights of individuals, especially administrative acts that directly impact citizens' lives.

The Action for the Protection of Rights, Freedoms, and Guarantees, regulated by articles 109 to 111 of the Code of Procedure in Administrative Courts (CPTA), is a procedural instrument that aims to guarantee a quick and effective response against acts or omissions that could compromise fundamental rights. This action is urgent, which means that it must be dealt with as a matter of priority by the courts, ensuring that citizens' rights are safeguarded in good time.

Article 20(5) of the Constitution of the Portuguese Republic (CRP) states that all citizens have the right to a swift and priority judicial proceedings to protect their rights, freedoms, and guarantees. This constitutional provision serves as the basis for the Subpoena Action, which aims to prevent or remedy violations of these rights by the public administration. The Portuguese Republic's (CRP) Constitution guarantees, in Article 20, no. 5, that all citizens have the right to swift and priority judicial proceedings to protect their rights, freedoms, and guarantees. This constitutional provision serves as the basis for the Subpoena Action, which aims to prevent or remedy violations of these rights by the public administration.

AIMA, as the body responsible for integration, migration, and asylum, is subject to this judicial supervision. The omission or delay in analyzing migration processes, such as granting residence permits or family reunification, can be challenged in court through this action, ensuring that the rights of immigrants are respected.

Current Context: The AIMA Strike and its Impacts

The AIMA strike has created an environment of uncertainty and insecurity for immigrants in Portugal. Many processes, including those related to residence permits and family reunification, have been paralyzed, resulting in delays that put foreigners' legal stay in the country at risk. In addition, the lack of appointments for interviews and the delay in issuing essential documents have created a state of vulnerability for these individuals, who find themselves unable to exercise basic rights, such as access to health services, education, and work.

Faced with this reality, the writ of summons is an indispensable tool for compelling the public administration to act, guaranteeing the protection of immigrants' rights, and preventing more serious legal consequences, such as deportation.

Appropriateness of the Subpoena Action in the Immigration Context

Summonses can be used in several specific situations related to the work of AIMA and the Institute of Registry and Notary Affairs (IRN). Below, we highlight some of the most common cases in which this action can be brought:

1.       Delay in Granting a Residence Permit: When AIMA does not analyze the processes of granting a residence permit within the legal deadline of 90 working days, the Action for Subpoena can be used to demand an expedited decision.

2.       Renewal of residence permit: In cases where the renewal of the residence permit or the sending of the residence card exceeds the 60 working day deadline, AIMA can be sued to ensure that the new document is issued.

3.       Scheduling Interviews for Residence Visa Holders: The lack of appointments for interviews, which is necessary for the granting of residence, can be challenged in court, ensuring that the immigrant has access to the regularization process.

4.       Family Reunification Requests: Delays in scheduling interviews or analyzing family reunification processes can be contested through this action, guaranteeing family reunification promptly.

5.       Certificates of Counting Time of Residence: The issuing of certificates of counting time of residence, which are necessary for nationality processes, can be accelerated through an Action for Subpoena when AIMA or IRN fail to meet their deadlines.

6.       Portuguese Nationality Processes: In cases of urgency or when there is a risk of irreparable damage due to the delay in analyzing nationality processes, the Intimacy Action can be used to force a swift decision, i.e. for urgent processing with priority, not the granting of nationality, since there is an expectation of the right to Portuguese nationality.

Final considerations

The Action for the Protection of Rights, Freedoms, and Guarantees is an essential legal instrument in the current context in Portugal, where the AIMA strike has hampered the immigration regularization process. By using this action, lawyers can ensure that their clients have their rights protected and that the public administration fulfills its obligations promptly.

In times of administrative crisis, such as the one we are currently experiencing, the Subpoena Action is not just an option, but a necessity to ensure justice and the protection of immigrants' fundamental rights in Portugal.

*The information provided is general and is not a substitute for consulting a lawyer. Consult a lawyer and adopt a preventive approach to legal practice.