PORTUGAL Trends and Developments Contributed by: Ana Reis Mota, Rogério Alves & Associados Sociedade de Advogados SP, RL
Policy documents for 2025–2029 explicitly prioritise the reinforcement of asset recovery mechanisms and extended confiscation, alongside the modernisation of investigative tools and cross-border co-operation. For international litigators, asset-recovery specialists, and victims of fraud, Portugal now presents a legal environment that is increasingly transparent, efficient, and responsive. Nonetheless, a degree of tension persists between fundamental principles of criminal defence – such as the presumption of innocence and the burden of proof resting with the prosecution – and the expan - sion of more intrusive asset confiscation and preven - tive seizure measures. Courts and the Constitutional Court have, to date, upheld the core of the extended confiscation regime, but debates over proportionality, due process and the proper allocation of evidential burdens continue to shape litigation.
Environmental protection and broader ESG concerns also feature prominently on the national and European agendas. Portugal has introduced “green taxation” policies and incentives, which require robust oversight to ensure that tax and regulatory benefits are granted exclusively to companies genuinely committed to decarbonisation and responsible business conduct. New EU instruments on sustainability reporting and greenwashing significantly increase both transpar - ency and litigation risk for misleading ESG claims. At present, Portugal still lacks a comprehensive national legal framework governing the use of artifi - cial intelligence. However, there is justified optimism that ongoing public discourse, the EU AI Act and the emerging domestic implementation framework (including the National AI Agenda and the Digital Strategy for Justice) will pave the way for effective and responsible AI regulation. The central challenge for 2026 and beyond will be to harness these tools to enhance fraud detection and asset tracing, without eroding due process and fundamental rights.
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