Foreign flags in Portugal

Many flags of other countries are seen in Portugal: at embassies and consulates, at hotels and businesses with foreign customers, during state visits and at the homes of families with roots elsewhere. Portuguese flag legislation deals mainly with the national flag, but it also says something about foreign flags: when they fly with the Portuguese flag, and how criminal law protects them.

Flying a foreign flag

Decreto-Lei n.º 150/87 governs the use of the national flag and contains no ban on flying foreign flags. A company, a hotel or a private individual can therefore fly the flag of another country on their pole. When that flag flies beside the national flag, the protocol rules of article 8 of the decree apply.

Madeira has a particular rule: Decreto Regional n.º 30/78/M allows the regional flag to be used as a decorative element in the street and in private homes or establishments, but provides that, in that case, no other flags are used in the same places.

The place of honour

Article 8 provides that the national flag, when flown with other flags, Portuguese or foreign, always takes the place of honour:

According to the memorandum on flags of the Câmara Municipal do Sabugal, with several flags the national flag is normally followed by the European Union flag and only then by the others, according to an order of precedence established in advance. The decree does not set that order. The full rules are in the guide to flag protocol.

Size and height

The national flag, when flown with other flags, is not smaller than they are (article 8(3)). When the poles differ in height, the national flag takes the tallest. A foreign flag with different proportions, for example square or longer, stands beside a national flag at least as tall.

International organisations

At the premises of international organisations based in Portugal and at international meetings, the decree provides for the national flag to be placed according to the protocol rule in use for such cases.

Criminal protection of foreign flags

Article 323 of the Penal Code punishes anyone who publicly, by words, gestures, writing or other means of communication with the public, insults the official flag or another symbol of sovereignty of a foreign State or of an international organisation of which Portugal is a member. The penalty is up to one year in prison or a fine of up to 120 days.

Article 324 sets conditions for criminal proceedings:

• Proceedings depend, unless a treaty or international convention provides otherwise, on a complaint by the Portuguese Government.
• For a foreign State, the law requires Portugal to have diplomatic relations with that State and the offence to be punished reciprocally.

The protection of the national flag is stronger: article 332 provides for up to two years in prison or a fine of up to 240 days. The rules are in the guide to flag rules.

Flags at businesses and hotels

At hotels, exporting companies and international fairs, a row of poles with several national flags is common. The arrangement of the poles, the choice of flags and the rules on advertising flags are in the guide to flagpoles for businesses.