Section 176 of the Portuguese Criminal Code criminalises the following behaviours: This is a complex provision that, in practice, attempts to ban the participation of all persons below age 18 in any kind of scene of a pornographic nature.
[1] This section of the Criminal Code has raised severe controversy[citation needed].
Also, many[citation needed] have criticised the criminalisation of the "realistic representation of minors" because they see it a disproportionate restriction of the freedom of expression, a fundamental right protected by the Portuguese Constitution.
These difficulties caused Portuguese courts to be extremely cautious in applying this section of the Criminal Code[citation needed].
The case law varies widely and there is no legal certainty concerning the application of this provision.