According to Article 1878, paragraph 1, of the Civil Code: "It is the responsibility of parents, in the best interest of the children, to ensure their safety and health, provide for their support, guide their education, represent them, even if unborn, and manage their assets."
Within this protective role of parents, they must ensure the development of their children by providing education, instruction, safety, health, affection, etc., as outlined in Articles 1878 and 1885, paragraph 1, of the Civil Code.
When there is a culpable and serious violation of parental duties towards children, they may be separated from them, as provided in Article 36, paragraph 6, of the Portuguese Constitution. This separation occurs through restrictions on the exercise of parental responsibilities, decreed by a court decision (Articles 1915 and 1918 of the Civil Code).
These restrictions can involve limiting the exercise of parental responsibilities or, in extreme situations, inhibiting such exercise altogether. Since inhibiting the exercise of parental responsibilities is an extreme measure that results in depriving parents of this exercise, it can only be ordered after proving the culpable violation of parental duties and that such violation has caused serious harm to the children.
Indeed, even if a culpable violation has been demonstrated and has resulted in significant harm to the children, the specific situation may not warrant the inhibition of parental responsibilities. There are less severe ways to protect minors that do not completely prevent parents from exercising their responsibilities.
For example, instead of inhibiting, the exercise of responsibilities could be limited. That is, parents could be restricted from certain issues—specifically, those where their conduct has been proven to cause serious harm and was committed with fault—while still maintaining their responsibilities in other areas where their conduct is appropriate.
In assessing this, the court must consider that ordering an inhibition of parental responsibilities could jeopardize the emotional bond between the parent and child and, consequently, cause greater harm to the child, especially since a child is deeply affected emotionally when faced with a parental figure who is inhibited from fulfilling their role.
Therefore, only in very serious cases of abandonment, cruelty, or abuse that cause significant harm to the child, and where there is no prospect of the parent's behavior being reversed, does it make sense to decree the inhibition of parental responsibilities.
For example, there may be situations where, at first glance, inhibiting parental responsibilities might seem appropriate, but considering the child's best interest and the possibility of protecting them through other measures, it might be better to maintain parental responsibilities but limit their exercise. This way, the child's safety is ensured while preserving as much as possible the emotional bond with the parent.
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