Coercive lease: Proportionality is a key factor in doubts about constitutionality

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“Despite being seen as a fundamental guarantee, the right to property carries with it responsibilities, including “the possibility of expropriation or restriction of the right to property in order to fulfil relevant public interests, in which case the owner is entitled to fair compensation”, José Luís Moreira da Silva begins by pointing out.
For this constitutionalist and partner at SRS Legal “like any fundamental right, it may have to be made compatible with another fundamental right, and it is necessary to consider compromises of one over the other, or mutual compromises to allow both to be guaranteed in at least a minimum and proportional way”. Here the most sensitive details of this issue begin to emerge, he considers, such as the proportionality of the measure.”