The recognition of degrees and titles: An analysis of Portuguese legislation based on the employability of immigrants in specific cases

Abstract

Objective: To analyze the legal implications of the administrative interpretation of Decree-Law No. 80-A/2023 by the Directorate-General for School Administration in Portugal, focusing on its impacts on the employability of foreign teachers, particularly Brazilians, and on the compatibility of such interpretation with constitutional principles and international commitments.

Method: This study adopts a qualitative approach based on documentary analysis of Portuguese legislation and administrative acts, complemented by a case study and comparative analysis with the Treaty of Friendship, Cooperation and Consultation between Brazil and Portugal. Legal norms, administrative documents, and theoretical references in administrative law and human rights were examined.

Results: The findings reveal a discrepancy between the normative framework and its administrative application. The requirement of non-existent documents, the creation of infralegal requirements, and the undue expansion of administrative discretion constitute barriers to foreign teachers’ access to the labor market. These practices violate the principles of legality, equality, and proportionality and undermine fundamental rights such as the right to work and education. Additionally, such barriers exacerbate the shortage of teachers in the Portuguese educational system and weaken bilateral cooperation objectives.

Conclusion: It is concluded that the restrictive administrative interpretation adopted in Portugal demonstrates legal and institutional inadequacy, requiring the revision of professional recognition procedures and the implementation of supervisory and normative standardization mechanisms to ensure legal certainty, the effectiveness of fundamental rights, and coherence with international commitments.