YEAR 2024 No 2

ISSN 2182-9845

The defeat of the definition of “edification” in the LRUE (Legal Regime of Urbanization and Edification)

Paulo Jorge Gomes


Legal definition; edification; Legal Regime of Urbanization and Edification; norm; interpretation.


The legal definition of “edificação” (edification) provided in the Portuguese law related to urbanism and edification is legally unclear as to whether structures not embedded into the ground are subject to urban planning control and the corresponding sanctioning regime. The amendments made by the law Decreto-Lei n.º 10/2024, January 8, did not clarify the doubts. We put forth analytical arguments to the effect that some of such structures may be considered edifications not because of, but despite the legal definition. However, we argue that the sanctioning regime is inapplicable to atypical edifications, because the legal type is not fulfilled and due to the prohibition of the analogy related to sanctioning norms.

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