Dogs have been pets for thousands of years, and have been people's favorite pets throughout history. In addition to being loyal and devoted companions, recent studies have shown that the presence of these animals can have a significant positive impact on human well-being. This special relationship between humans and dogs is of growing interest to researchers in various fields such as psychology, medicine, therapy and social welfare. So, how are our four-legged friends treated in Portugal? Spoiler: they are adored, there are a lot of dogs in Portugal, some of which are very funny mongrels, as it is considered good to take a four-legged companion from a shelter. But first things first.
To begin with, we would like to present a small glossary and a general set of rules, kindly provided to us by the GNR animal division. We will go through each point in more detail as the article progresses.
What is a pet? Any animal kept or intended to be kept by humans, particularly in homes, for entertainment and companionship, may be considered a pet. The law does not apply to acts involving the use of animals for agricultural, livestock or agro-industrial purposes, nor to acts involving the use of animals for commercial or other statutory purposes
Pet abandonment can be punishable by up to 6 months in jail or a large monetary fine. The law defines abandoning an animal as neglecting, endangering its food and care. Harsher penalties are provided for those who inflict pain, suffering, or other physical abuse on an animal: up to 1 year in jail or up to 120 days of community service. And up to 2 years in jail or up to 240 days of community service if the abuse caused the animal's death, deprived it of an important organ, or seriously and permanently or permanently impaired its ability to move.
What is a stray animal? It is any animal that is found in a public place outside the control and custody of its owner. It is any animal that has been abandoned or has no owner and has not been identified.
What is a potentially dangerous animal? It is any animal that, because of its species characteristics, aggressive behavior, size or jaw strength, has the potential to cause injury or death to people or other animals, specifically dogs of the following breeds: Brazilian Dane, Argentine Dane, Pit Bull Terrier, Rottweiler, American Staffordshire Terrier, Staffordshire Bull Terrier, Tosa Inu. If you own a potentially dangerous breed of animal, your home should have enhanced security measures in place that will prevent the animal from escaping and should effectively keep people, other animals and property safe:
- the owner of such animals is obliged to install fences at least 2m high of durable material separating the place of keeping such animals from the road or public places, as well as from neighboring houses;
- there must be no gaps, holes, etc. in the house (e.g. holes in the fence, between railings, gates or walls). (e.g. as holes in a fence, between railings, gates or walls) that are less than 5 cm wide;
- signs warning of the presence and danger of the animal must be posted in a conspicuous place.
What is a dangerous animal? Any animal that:
- it has bitten, attacked, or caused injury to a person's body and health;
- it has seriously injured or killed another animal outside the real property owned by its owner;
- it was voluntarily reported by its owner to the junta de freguesia at his place of residence as having an aggressive nature and behavior;
- the competent authority has recognized the animal as dangerous to humans or animals due to its aggressive behavior or physiological characteristics.
Before you buy a pet, weigh the pros and cons carefully. A pet is not an "object" that you can dispose of at will, nor is it a "toy" for children or parents. Owning a pet is a responsibility. So before you buy or adopt a pet, you need to think carefully about whether you are ready to unconditionally take on this responsibility, to understand whether you can really afford an animal that will make you both happy. Firstly, you need to take the following into consideration:
- the size of the animal, depending on how much living space you have;
- the time you can devote to it;
- whether you're choosing a puppy or an adult dog;
- the temperament of the breed, if it's a purebred dog;
- the sex of the animal is also important.
What are the requirements in Portugal for owning and keeping a pet? Once you have acquired or adopted a pet, you must register it with the junta de freguesia of your place of residence and electronically identify it (chip). As of July 1, 2008, electronic identification is mandatory for all dogs born after that date. In the case of cats, this obligation is not regulated.
Follow the rules of medical prevention for your pet. By protecting your pet from disease, you protect yourself and prevent the spread of epidemics: all animals must have a health certificate (boletim sanitário), for which you must visit a veterinary clinic. It contains information on rabies vaccinations, health status, examinations and certifies that your four-legged friend is legalized. If you want to travel together, you should find out about all the necessary medical formalities in advance, as different countries have more or less strict rules for importing animals. You can contact the Sociedade Protectora dos Animais (21 342 38 51) and the Liga Portuguesa dos Direitos do Animal (21 458 18 18) to find out more about travel regulations, medical care, etc. For more information on the rules for importing and keeping animals in Portugal, you should contact the Direção-Geral de Alimentação e Veterinária.
Exotic animals. If you have bought an exotic animal in Portugal or abroad, make sure that the store that sold it has provided you with the original documents proving its legal origin (CITES certificate). Owning any exotic animal without proof of its legal origin can lead to criminal liability. It is important to remember that many species of wild animals are banned, as well as the trade in endangered species. The list is long and includes crocodiles, elephants, bears, wolves, deer, snakes, boa constrictors, vipers, numerous birds, felines, and primates. It is therefore impossible to obtain a license to own one of these animals. The European Convention for the Protection of Domestic Animals states that wild specimens should not be taken as pets. Even with the aforementioned license, it is forbidden for owners of wild animals to train them in aggression. On the contrary, the law even emphasizes that, if possible, their domestication should be sought. The license can be suspended if the authorities consider that the conditions of animal welfare or the safety and tranquility of people, other animals or property are not respected. If one of these animals seriously threatens the safety of people or other animals, the police have the right to shoot it. If aggression occurs, the animal will be taken to an official collection center at the owner's expense and possibly put to sleep. In addition, the owner may be required to pay compensation to the injured party for material or moral damages. In extreme situations, when the owner incites the animal to violence, this can be considered a criminal offense with the consequences that follow (e.g., imprisonment in the most serious cases). Obviously, all these situations must be resolved in court (compensation and conviction for a criminal offense).
What conditions are required to take my pet to public places or public transportation? The animal (dog/cat) must wear a collar or harness with the owner's name, address and/or contact details and a leash, and in the case of a dangerous or potentially dangerous animal, a muzzle and a strict leash. Dogs are not allowed in public areas without an owner's accompaniment and, if necessary, without a functional muzzle. In the case of other animals, when it is necessary to travel with them in public places or on public transportation. Cages or other restraint systems shall be used that promote the welfare of the animals, the safety of their owner and other animals. In particular, by preventing them from biting or causing damage or harm to people, other animals or property.
It's worth noting that, generally speaking, keeping a dog on a leash while walking is a matter of civility, citizenship, respect and education. If we want people to respect our decision to get a dog, we must respect everyone's personal space. Regarding the behavior of owners and animals in public places, here is an exhaustive short translation of article 7 of Decree-Law 314/2003 (artigo 7.º do Decreto-Lei n.º 314/2003), on the mandatory use of collar/ harness, muzzle and leash on walks:
- All dogs and cats traveling in public places shall be required to wear a collar or harness, on which the name and address or telephone number of the owner shall be displayed in any manner.
- Dogs are prohibited in public places unaccompanied by their owner and without a functional muzzle, unless on a leash.
- In the case of dangerous or potentially dangerous dogs, in addition to the muzzle provided for in the preceding paragraph, animals shall be moved with restraints.
- Local authorities may, within the scope of their powers, create special areas or places for dogs and cats to stay and move around, setting out the conditions under which they can do so without restraints (walking areas, for example).
In this block, if we are talking about transportation, I would like to quote an excerpt from the set of rules for traveling with animals on Portuguese trains: according to article 9 of Decree-Law No. 58/2008 of March 26 (art. 9.º do Decreto-Lei n.º 58/2008, de 26 de março), as amended by Decree-Law No. 35/2015 of March 6 (Decreto-Lei n. º 35/2015 de 6 de março), passengers are allowed to carry pets that do not pose a danger, provided that they are properly enclosed in an appropriate carrier container that can be carried on board.º 35/2015 de 6 de março), passengers are allowed to carry pets that are not dangerous, provided that they are properly enclosed in an appropriate carrying container that can be carried as hand luggage. Animals that are considered dangerous, in poor health or hygiene or those that, because of their odor, noise, or other objectively significant reason, such as their size, may disturb other passengers are not permitted. Passengers are responsible for the care and supervision of their animals with whom they are traveling and are fully liable for any damage caused by them. There are circumstances (e.g. international traffic) that may restrict the provision of animal transportation services, except for guide dogs.
What does the national bus carrier Rede Expressos have to say on the subject?
Assistance dogs travel free of charge on express services, accompanying their owners. The term "assistance dog" covers the following categories of dogs:
- guide dog for a person with a visual impairment - a dog trained or being trained to assist a person with a visual impairment;
- guide dog for a hearing impaired person - a dog trained or being trained to assist a hearing impaired person.
A Service Dog is a dog trained or in the process of being trained to assist a person with a mental, organic or motor impairment.
The transportation of small pets (dogs, cats, small rodents) is allowed in the passenger compartment of the vehicle. If the animal is traveling accompanied by its owner, properly packed in an appropriate container and in a proper state of health and hygiene, as specified in Regulation 968/2009 (Portaria) 968/2009). When transporting a pet, a ticket must be purchased for the pet for the duration of the trip. Under no circumstances may pets sit on the seats of vehicles used for public transportation (already mentioned above Regulation 968/2009, Article 2, paragraph 3) and they must occupy a seat on the floor corresponding to the seat purchased. Attention should be drawn to the additional legislation governing the transportation of parcels in express services described in Decreto-Lei n.º 9/2015, artigo 7º, paragraph (e) (Decreto-Lei n.º 9/2015, artigo 7º, e), which states: "Place on the designated spaces luggage bags that, due to their content, nature or shape, may fall or interfere with other passengers in the event of a collision, sudden stop or other causes inside the vehicle". It is the responsibility of the owner to ensure the safety of the animal container during travel. International travel: Animals are not allowed on board buses on international flights, except for assistance dogs.
Cats and dogs in carriers travel in the luggage compartment along with their suitcases. Although, their rules tell us the following: pets that are not dangerous can be transported free of charge, provided they are properly transported in an appropriate container that can be carried as carry-on luggage. Each passenger may carry a maximum of one pet container. FlixBus is not responsible for any damage caused by pets transported on board. Pets are not allowed on international transportation.
According to the Sistema de Informação de Animais de Companhia (SIAC), there are about 3 million registered pets in Portugal. Most of them are dogs (90%). Yes, the Portuguese cannot do without the company of a four-legged friend, sometimes even more than one. Some people have several, and of different species. I would like to detail what Portuguese law says about animals in different areas. Can landlords, for example, forbid pets to stay in an apartment? Yes, they can. There is no specific law that regulates this situation. This means that the landlord has the right to independently determine whether pets can be kept in the rental property. However, there are exceptions that limit the prohibition, such as in the case of citizens with special needs who depend on the assistance of an assistance dog (Article 1067-A of Decree-Law No. 47344 (o Artigo 1067.º-A do Decreto-lei n.º 4734) states, "No one may be discriminated against in access to housing on the basis of sex, ancestral or ethnic origin, language, territory of origin, nationality, religion, beliefs, political or ideological convictions, gender, sexual orientation, age or disability." Although, as legal experts tell us, the legal status of animals in the current legislative framework, invalidates any clauses in leases that prevent future tenants from keeping pets. In other words, there can be no such prohibition (even by decision of the condominium owners' meeting) because it violates Law No. 8/2017 (Lei n.º 8/2017), which states that "no one can be discriminated against for owning pets in a lease agreement, provided that their possession complies with all legal requirements." In the case of rented apartments that are part of a condominium building, the rules prohibit the keeping of animals in the building. The landlord has the right to include a clause in the lease contract prohibiting the keeping of dogs, cats, and other animals on this very basis. Here you can only challenge it through the court, but it is unlikely, of course, that you will have time for that.
When you take on the responsibility of having a pet in any type of property (whether owned or rented), you must take into account that you will have to comply with noise ordinance requirements. This means that you must train your dog or cat to make as little noise as possible, because neighbors can contact the authorities at any time if they feel uncomfortable with the noise your pet is making. However, police action depends on the period of contact: between 23.00 and 07.00 the police can take immediate action to stop the noise, and if complaints are received between 07.00 and 23.00, the police can issue an order to fix the problem and set a time limit for its resolution. This is because violating the rest period is an environmental offense and is punishable by a fine.
What other legal provisions of Portuguese law must be respected when keeping pets? As Article 3 of Decree-Law n.314/2003 (Artigo 3.º do Decreto-Lei n.º 314/2003) states, "the placement of dogs and cats in urban, rural or mixed buildings must always be conditional on the existence of good conditions and the absence of hygienic problems, health risks in terms of pollution and diseases. This means that in addition to possible noise issues, it is advisable to ensure that the dog is vaccinated and that it is mandatory to register it with the local municipality. In case of non-compliance with the legal regulations, as well as poor treatment of the animal, in addition to a fine, you may be sanctioned with the seizure of the animal.
As I have already mentioned, pets can only live in residential premises if there are good living conditions, no health risks for your neighbors and no hygiene concerns. If these conditions are met, as well as the peace of mind to which your neighbors are entitled, the law sets a limit on the number of adult dogs and cats. The legislation defines the number of animals you can have if you live in an apartment, on plots of land and in houses with an adjoining plot of land. If you live in an apartment, you can have no more than three adult dogs or four cats, and no more than four animals in total. Ordinance No. 1427/2001 of December 15 (Portaria n.º 1427/2001, de 15 de dezembro) states that "subject to the conditions of health and tranquility in the neighborhood set forth in the same ordinance, up to three adult dogs or four cats may be kept in each apartment, both in urban and rural areas, and the total number of animals may not exceed four." If you live in a rural area, you can keep up to six adult animals in your home. The standard number of animals (4) can be exceeded, up to a maximum of six, only with the permission of the municipality, after receiving a positive opinion from the municipal veterinarian. In case of non-compliance, the Municipality will order an inspection by the sanitary inspector and the municipal veterinarian, and may then send the animals to the municipal shelter. In addition, the owner of the animals will be required to pay a fine of between €50 and €3740. It is also worth remembering that despite the legal limit, there may be stricter condominium or municipal regulations that set a lower limit or even prohibit the presence of animals.
Reporting animal cruelty: how to do it? "There is no fundamental difference between humans and animals in their mental abilities. Animals, like humans, exhibit feelings of pleasure, pain, happiness, and suffering." This quote belongs to Charles Darwin and reflects a truth that should not be forgotten: animals, like humans, have the right to happiness and life. Proof of this is the fact that since 2015, animal cruelty is criminalized in Portugal. This means that, if necessary, you should report animal cruelty. But how? If you are faced with a similar situation, here are some practical tips.
Physical abuse is not the only form of abuse that is known and considered a criminal practice. Animal trafficking, abandonment, promoted fights, and other situations of neglect are behaviors that exemplify what is considered criminal in the eyes of our law: actions that endanger not only an animal's life, but also its physical and emotional well-being.
Where can you report animal cruelty? You can contact one of the following organizations:
- SEPNA (Service for the Protection of Nature and the Environment of the National Republican Guard), SOS helpline: 808 200 520;
- Local authorities in your area (Public Safety Police, Municipal Police, Republican National Guard) - PSP Animal Defense, phone: 21 765 42 42 or email defesanimal@psp.pt.
- Direcção-Geral de Veterinária - blue line: 21 323 96 96.
How your complaint will be handled. The authorities who receive your registered complaint are obliged to go to the place where animal cruelty is confirmed in order to immediately prevent any acts of violence, neglect and/or cruelty to animals. The perpetrators of the offenses must be properly identified so that they can be prosecuted for proven acts. However, in addition to reporting animal abuse to the above-mentioned competent authorities, if you witness a situation that can be classified as an attack on the welfare and health of an animal, you can take other measures. You are advised to:
- report the situation to the municipal veterinarian, the specialist responsible for controlling and enforcing applicable animal welfare laws;
- Associação Animal (Animal Association) is an NGO (non-governmental organization) whose main objective is to raise the flag in defense of animals and their fundamental rights; it is active throughout the country and you can contact it with a complaint by email at info@animal.org.pt or by cell phone at 961 320 818.
- you can also contact one of the list of non-profit organizations dealing with animal issues in Portugal, a fairly detailed list is available here.
It is well known that the number of crimes committed against animals is rapidly increasing. Therefore, whenever you think you have witnessed a situation that seems wrong to you, do not hesitate to report animal cruelty. Your action will help fight cruelty by enforcing the law and preserving not only animal welfare, but also the fundamental values of coexistence in society - values that start with each one of us.
Taking your dog to the store or restaurant. As of 2018, pets are allowed to accompany their owners in duly designated commercial establishments that can set a maximum capacity, according to the law. Thus, you can take your pets with you when going shopping and even to cafes. Note that the law allows restaurant owners to allow pets on their premises, but no establishment is required to do so. If the cafe you are going to allows pets on its premises, remember that four-legged pets are not allowed to roam freely in the catering establishment: they must be kept on a short leash or in appropriate carriers, and are not allowed near service areas (e.g. the kitchen) or where food is displayed for sale (e.g. the display cases).
Is it possible to visit beaches with dogs in Portugal? It depends on how and by whom the beach is managed and whether it is bathing season, for example. To be sure whether your dog is allowed on that particular beach, or vice versa, you need to read the announcement at the entrance to it or look at the signs also usually located at the entrance. If you need information in advance, you can consult the coastal management plans, called Planos de Ordenamento da Orla Costeira (each region has its own) on the website of the Portuguese Environmental Agency (Agência Portuguesa do Ambiente). Beaches that are not licensed (i.e. not managed by either a municipality or a private organization) can, in principle, be visited by dogs all year round, unless there are signs to the contrary. In any case, even if the entrance to the beach for four-legged friends is allowed, you must comply with the rules in force in all public places: use a leash, clean up after yourself garbage, etc. About the collection of pet waste, a case from life (not about the beach, of course, but to the point). In the condominium hung a notice that neighbors complained about the owners of animals keeping them on the balconies, on which they, in turn, do the need. It all flows on the head of the downstairs tenants through the drainage holes of the balconies. It even happens like this... But let's get back to the beaches. If the managing organization of a particular beach prohibits the presence of dogs, violators risk paying a fine, the amount of which is set individually on each particular beach. The Maritime Police (Polícia Marítima) is responsible for checking all managed bathing areas, while the rest are monitored by the Municipal Police (Polícia Municipal), as they fall under the jurisdiction of the municipality. Assistance dogs can sunbathe wherever and whenever they want, no matter whether it is a sea beach or a river beach, whether it is allowed by the management organization or not, whether it is winter or summer.
If you decide to travel around the country, Portugal, a country of incredible geographical and cultural diversity, offers many options for those who want to bring their four-legged friend along. The best places to spend time with your pet in Portugal.
Here is a list of interesting places where you can relax together:
- Porto and Northern Portugal. Praia Canina de Viana do Castelo: a place exclusively for dogs, where they can enjoy the sea and sand. And Porto City Park: a huge green space where your dog can run and play freely.
- The center of Portugal. Walks in the Serra da Estrela National Park. And also a visit to Praia Fluvial de Valhelhas: an alternative to ocean beaches, this river beach is a serene, dog-friendly place.
- Lisbon and the Tagus River Valley. The huge Monsanto Forest Park in Lisbon, perfect for long walks and exercise for your dog. Praia do Portinho da Arrábida: although it's not a dog-only beach, it's without the forbidding high season.
- Alentejo. Praia do Malhao beach, near Vila Nova de Milfontes, is known for being dog-friendly. Several trekking routes from Rota Vincentina are also suitable for traveling with your dog.
- Algarve. One of the Algarve's most famous beaches, Praia do Amado, is also dog friendly in the off-season. The Ria Formosa Natural Park is an incredible natural space where you can enjoy a walk with your dog.
Well, I would like to end this article on a positive note, emphasizing exactly how animals are treated in Portugal at the level of civic consciousness, because it is really fantastic. So, there is a concept that is enshrined in law - joint custody of animals, which is becoming more and more common in Western societies. This is not surprising, as pets are increasingly seen as family members and even children. Whereas in the past, a separation could easily end with a decision to give the animal to one of the spouses. The second spouse would give up the company of his or her friend without much regret when he or she left the family life. Today things are different. More and more often we hear stories of divorces and separations in which pets are involved in disputes that go all the way to court. In Portugal, the case of Ciara, a pit bull dog who was challenged in court by a couple who separated after six years together, has gone down in history as the first such case to go to trial. The petition for full custody of the animal, filed by both owners, was heard by the 2019 Mafra Family and Juvenile Court. During the hearing, witnesses and a veterinary expert were heard before a final decision was made to grant full custody to one spouse. As you might expect, the fact that the vaccination certificate, chip, and license were in the name of one of the owners did not play a large role in the decision. The animals are legally considered the property of both spouses. Apparently, it was proven that the woman always acted in the best interest of the dog, which cannot be said about its owner according to the documents. This is an interesting conclusion, because under current law the welfare of the animal is always the last criterion a judge looks at. The Portuguese Civil Code states that in the event of divorce, "companion animals shall be transferred to one or both spouses, taking into account, in particular, the interests of each spouse and the couple's children, as well as the welfare of the animal".
I hope this article was fascinating and useful, both for dog owners and for those who are afraid of dogs or have complaints about their neighbors. In any case, I would like to wish you all the best: the pleasure of owning a pet, adventures together and, of course, observing all the necessary precautions and rules in Portugal. Well, we have familiarized ourselves with one more aspect of Portuguese life. We have already accumulated solid baggage on many issues related to living in Portugal, read our articles. And for all practical questions that require individual and creative approach, you can always contact our team of specialists with vast experience: lawyer, specialists in the selection of real estate for purchase and long-term rent, as well as many others.
