Most Rossio Housing Protesters Held Oct. 20 Reject Deal, Choose Trial

Most of the housing protesters detained on Oct. 20 at the protest camp in Lisbon’s Rossio square told a court on Friday that they will not accept a plea-style deal and would rather face trial. The case could still be dropped: the Ministério Público (MP, Portugal’s public prosecution service) said this week it may close the investigation altogether.

The hearing took place at the Campus de Justiça de Lisboa, the city’s main court complex. Defense lawyer Ricardo Sá Fernandes said only a very small number of defendants had taken the offer and that both outcomes, closure or trial, remain open.

The 150-euro offer most defendants turned down

Prosecutors had offered the defendants a provisional suspension of proceedings (suspensão provisória do processo). Under that arrangement, each person would donate 150 euros to a registered social solidarity charity. Anyone who paid and did not reoffend would see the case closed after 45 days.

The figures in the reports differ. ECO and Observador say 82 people were detained in total on Oct. 20 and Oct. 25, all for disobeying the authorities. RTP Notícias puts the group that appeared on Friday morning at 55. The people detained on Oct. 25 were due to give their answers from 13h30 the same day.

All the protesters were released on the day of their arrest. If the cases reach trial, they could be acquitted or sentenced to prison or a fine. Observador reported that the trial would follow a shortened procedure (processo abreviado) and that no date has been set for the MP to announce its decision.

Why prosecutors may drop the case

On Wednesday, the MP said it could close the disobedience investigation. In rulings seen by the news agency Lusa, the prosecutor pointed to a recent judgment by the Tribunal Administrativo de Lisboa (Lisbon’s administrative court). That court allowed one protester to demonstrate with a tent in Praça D. Pedro IV, better known as Rossio, until Nov. 24, including at night.

The prosecutor also cited the question of whether the police response was proportionate, writing that “the ends do not justify all means” in the abstract.

Sá Fernandes noted that the MP is a hierarchical body, so senior prosecutors will likely weigh in. He said the case could even move to a different prosecutor if the one handling it disagrees with instructions from above.

Some charges are already gone. According to RTP, prosecutors dropped the accusation of damage to the statue of D. Pedro IV, because it is impossible to prove who sprayed the graffiti on it.

What this means for the Rossio protests

The PSP (Portugal’s public security police) has broken up the camps in Rossio and in Praça D. João I in Porto several times over the last three weeks, using batons and dogs. Officers relied on a decree-law from August 1974 that sets 00:30 as the latest time for gatherings.

After the administrative court’s ruling, the MP asked the Tribunal Constitucional (Portugal’s Constitutional Court) to review whether that 1974 rule is constitutional.

The protesters want the new rental law reversed, limits on real estate funds buying homes, and rent caps they describe as “truly affordable”. Under the administrative court’s ruling, the tent protest in Rossio can continue until Nov. 24.

What happens next

The MP must now decide whether to close the investigation or send the cases to trial. Defendants who accepted the 150-euro deal will have their cases closed after 45 days if they meet its terms. The Constitutional Court review of the 1974 time limit is still pending.

Sources: ECO, Observador, RTP Notícias