The Council of State (, ) is a body established by the Portuguese Constitution to advise the President in the exercise of many of their discretionary powers.

History Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.

The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.

After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.

The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished following the revision of the Constitution of 1982.

Role Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:

dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions; declaring war and making peace, and removing the Government.

It must also be summoned by the acting President before:

setting the date for any election; calling an extraordinary sitting of the Parliament; appointing the Prime Minister; appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces (CGSAF); appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services; exercising the functions of Commander-in-Chief of the Armed Forces; appointing ambassadors and extraordinary envoys (upon a proposal from the Govt.), and accrediting foreign diplomatic representatives.

Counsellor of State

Membership According to article 142 of the Constitution, the Council is composed of the following members, known as Councillors of State:

Ex officio members, who remain in office for as long as they hold office: President of the Portuguese Republic (chair the Council) President of the Assembly of the Republic Prime Minister President of the Constitutional Court Ombudsman President of the Azores Regional Government President of the Madeira Regional Government Former elected Presidents of the Republic Five members designated by the President of the Republic, whose office ends with the term of office of the President of the Republic that appointed them. The term of the President is 5 years. Five members elected by the Assembly of the Republic, whose membership expires at the end of the legislature. The term of the legislature is 4 years, unless an early election is called.

Taking Office and Term Limits The members of the Council of State are sworn in by the President of the Republic.

Members of the Council of State designated by the President and the Assembly of the Republic remain in office until the members who replace them in their respective positions take office.

Immunity Councillors of State enjoy immunity as a sign of the highest honour of the office they hold. Thus, a Councillor of State may only be brought before a court with the prior authorisation of the Council, which waives his immunity. Unlike the immunity of the Members of the Assembly of the Republic, which must be waived when the crime in question is punishable by a sentence of more than 3 years imprisonment, the decision of the Council of State regarding the waiver of immunity of one of its members is free. In case of refusal the suspected member only answers in Court when he ceases to be a Councillor of State.

Current Councillors of State OfficeMemberAffiliationPresident of the Republic and chair of the CouncilAntónio José Segurosince 9 March 2026PSPresident of the Assembly of the RepublicJosé Pedro Aguiar-Brancosince 27 March 2024PSDPrime MinisterLuís Montenegrosince 2 April 2024PSDPresident of the Constitutional CourtJoão Carlos Loureirosince 24 June 2026PSDOmbudsmanLuísa Netosince 3 July 2026Ind.President of the Regional Government of MadeiraMiguel Albuquerquesince 20 April 2015PSDPresident of the Regional Government of AzoresJosé Manuel Bolieirosince 24 November 2020PSDFormer elected Presidents of the RepublicAntónio Ramalho Eanessince 9 March 1986Ind.Aníbal Cavaco Silvasince 9 March 2016PSDMarcelo Rebelo de Sousasince 9 March 2026PSDDesignated by the President of the RepublicAlberto Martinssince 17 April 2026PSIsabel Capeloa Gilsince 17 April 2026Ind.Maria do Carmo Fonsecasince 17 April 2026Ind.Miguel Bastos Araújosince 17 April 2026Ind.Nuno Severiano Teixeirasince 17 April 2026PSElected by the Assembly of the RepublicLeonor Belezasince 17 April 2026PSDAndré Venturasince 15 July 2024CHCarlos Césarsince 12 January 2016PSCarlos Moedassince 15 July 2024PSDPedro Duartesince 17 April 2026PSD

Former Councillors of State OfficeMemberAffiliationFormer elected PresidentMário Soares (1996–2017)PSJorge Sampaio (2006–2021)PSInherent as President of the Assembly of the RepublicLeonardo Ribeiro de Almeida (1982–1983)PSDManuel Tito de Morais (1983–1984)PSFernando Amaral (1984–1987)PSDVítor Crespo (1987–1991)PSDAntónio Barbosa de Melo (1991–1995)PSDAntónio de Almeida Santos (1995–2002)PSJoão Bosco Mota Amaral (2002–2005)PSDJaime Gama (2005–2011)PSAssunção Esteves (2011–2015)PSDEduardo Ferro Rodrigues (2015–2022)PSAugusto Santos Silva (2022–2024)PSInherent as Prime MinistersFrancisco Pinto Balsemão (1982–1983)PSDMário Soares (1983–1985)PSAníbal Cavaco Silva (1985–1995)PSDAntónio Guterres (1995–2002)PSJosé Manuel Durão Barroso (2002–2004)PSDPedro Santana Lopes (2004–2005)PSDJosé Sócrates (2005–2011)PSPedro Passos Coelho (2011–2015)PSDAntónio Costa (2015–2024)PSInherent as President of the Constitutional CourtArmando Manuel Marques Guedes (1983–1989)PSDJosé Cardoso da Costa (1989–2003)CDS–PPLuís Nunes de Almeida (2003–2004)PSArtur Maurício (2004–2007)PSRui Moura Ramos (2007–2012)PSDJoaquim Sousa Ribeiro (2012–2016)PSManuel da Costa Andrade (2016–2021)PSDJoão Caupers (2021–2023)PSJosé João Abrantes (2023–2026)PSInherent as OmbudsmanEudoro Pamplona Corte-Real (1982–1985)Ind.Ângelo d'Almeida Ribeiro (1985–1990)Ind.Mário Raposo (1990–1991)PSDJosé Menéres Pimentel (1992–2000)PSDHenrique do Nascimento Rodrigues (2000–2009)PSDAlfredo José de Sousa (2009–2013)Ind.José de Faria Costa (2013–2017)Ind.Maria Lúcia Amaral (2017–2025)Ind.Inherent as President of the Regional Government of MadeiraAlberto João Jardim (1982–2015)PSDInherent as President of the Regional Government of the AzoresJoão Bosco Mota Amaral (1982–1995)PSDAlberto Madruga da Costa (1995–1996)PSDCarlos César (1996–2012)PSVasco Cordeiro (2012–2020)PSDesignated by President Ramalho Eanes (1982–1986)Alfredo Nobre da CostaInd.Ernesto Melo AntunesInd.Henrique de BarrosInd./PRDJorge de Figueiredo DiasInd.Miguel Galvão TelesInd./PRDDesignated by President Mário Soares (1986–1996)Alfredo Nobre da CostaInd.António de Almeida Santos (resigned Nov. 1995)PSAntónio Dias da Cunha (replaced Almeida Santos)Ind.Joaquim Pinto Correia (resigned Sep. 1987)PSDJoão Fraústo da Silva (replaced Pinto Correia)Ind.José Gomes MotaInd.Rui de AlarcãoInd.Designated by President Jorge Sampaio (1996–2006)Carlos CarvalhasPCPErnesto Melo Antunes (died Aug. 1999)PSJoão Cravinho (replaced Melo Antunes)PSJosé Galvão TelesPSMaria de Jesus Serra LopesInd.Vítor ConstâncioPSDesignated by President Aníbal Cavaco Silva (2006–2016)João Lobo AntunesInd.Marcelo Rebelo de SousaPSDManuela Ferreira Leite (resigned Jun. 2008)PSDLeonor Beleza (replaced Ferreira Leite)PSDManuel Dias Loureiro (resigned May 2009)PSDVítor Bento (replaced Dias Loureiro)Ind.Miguel Anacoreta Correia (2006–2011)CDS–PPAntónio Bagão Félix (2011–2016)PSDDesignated by President Marcelo Rebelo de Sousa (2016–2026)António Lobo XavierCDS–PPAntónio Guterres (resigned Nov. 2016)PSAntónio Damásio (replaced Guterres; resigned Feb. 2024)Ind.Joana Carneiro (replaced Damásio)Ind.Eduardo Lourenço (died 1 Dec. 2020)Ind.Lídia Jorge (replaced Lourenço)Ind.Luís Marques MendesPSDLeonor BelezaPSDElected by Parliament in 1982 (2nd Legislature)Carlos Mota PintoPSDMário SoaresPSÁlvaro CunhalPCPNuno Rodrigues dos SantosPSDDiogo Freitas do AmaralCDSElected by Parliament in 1983 (3rd Legislature)António MacedoPSCarlos Mota Pinto (died May 1985)PSDLeonardo Ribeiro de Almeida (replaced Mota Pinto)PSDÁlvaro CunhalPCPRaul RegoPSFrancisco Lucas PiresCDSElected by Parliament in 1986 (4th Legislature)Amândio de AzevedoPSDAntónio MacedoPSHermínio MartinhoPRDÁlvaro CunhalPCPAntónio Barbosa de MeloPSDElected by Parliament in 1987 (5th Legislature) António Barbosa de MeloPSDEurico de MeloPSDVítor ConstâncioPSLeonardo Ribeiro de AlmeidaPSDÁlvaro CunhalPCPElected by Parliament in 1992 (6th Legislature)Eurico de MeloPSDJorge SampaioPSVítor CrespoPSDAntónio GuterresPSMário Montalvão MachadoPSDElected by Parliament in 1996 (7th Legislature)Manuel AlegrePSEurico de MeloPSDFernando GomesPSAntónio Barbosa de MeloPSDJosé Gomes CanotilhoPSElected by Parliament in 2000 (8th Legislature)Manuel AlegrePSAntónio Barbosa de MeloPSDJoão SoaresPSMarcelo Rebelo de Sousa (resigned Dec. 2001)PSDJoão Bosco Mota Amaral (replaced Rebelo de Sousa)PSDJosé Gomes CanotilhoPSElected by Parliament in 2002 (9th Legislature)António Barbosa de MeloPSDEduardo Ferro Rodrigues (resigned Jul. 2004)PSManuel Alegre (replaced Ferro Rodrigues)PSAntónio CapuchoPSDAntónio de Almeida SantosPSPaulo PortasCDS–PPElected by Parliament in 2005 (10th Legislature)António de Almeida SantosPSLuís Marques Mendes (resigned Oct. 2007)PSDAntónio Capucho (replaced Marques Mendes)PSDManuel AlegrePSJorge Coelho (resigned Apr. 2008)PSJosé Gomes Canotilho (replaced Coelho)PSFrancisco Pinto BalsemãoPSDElected by Parliament in 2010 (11th Legislature)António de Almeida SantosPSFrancisco Pinto BalsemãoPSDManuel AlegrePSAntónio CapuchoPSDJosé Gomes CanotilhoPSElected by Parliament in 2011 (12th Legislature)Francisco Pinto BalsemãoPSDAntónio José Seguro (resigned Sep. 2014)PSAlfredo Bruto da Costa (replaced Seguro)PSLuís Marques MendesPSDManuel AlegrePSLuís Filipe MenezesPSDElected by Parliament in 2016 (13th Legislature)Carlos CésarPSFrancisco Pinto BalsemãoPSDFrancisco LouçãBEAdriano MoreiraCDS–PPDomingos AbrantesPCPElected by Parliament in 2020 (14th Legislature)Carlos CésarPSFrancisco Pinto BalsemãoPSDFrancisco LouçãBERui RioPSDDomingos AbrantesPCPElected by Parliament in 2022 (15th Legislature)Carlos CésarPSFrancisco Pinto BalsemãoPSDManuel AlegrePSAntónio Sampaio da NóvoaPSMiguel CadilhePSDElected by Parliament in 2024 (16th Legislature)Francisco Pinto Balsemão (died Oct. 2025)PSDCarlos MoedasPSDPedro Nuno SantosPSCarlos CésarPSAndré VenturaCH

Notes

References