Key Benefits:
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PROPOSED LAW NO. 43 /X
Exhibition of Motives
The Program of the XVII Constitutional Government has expressly made the commitment
of decriminalizing ducts whose penalty is outdated, specifically,
through the conversion of the illicit transgression and contravention, still behold-up in the
national legal planning, in counter-ordinances.
The need to ensure rational management of the judicial system by releasing the means
judicial, magistrates and bail-out officers for the protection of legal goods that
actually deserve the judicial tutelage, constitutes one of the objectives of the Resolution of the
Council of Ministers No. 100/2005 of May 30, which reaffirmed the need for
conversion of the transgressions and contraventions into counter-ordinations.
In effect, this type of illicit continues to occupy a relevant part of the time of the
courts, through procedures that remain unduly judicialized. In the
year 2003, the transgressions and contraventions entries in the courts corresponded to
13% of all criminal proceedings entered into, being certain that the appropriate treatment
of those illicit is the counterordinance process, in which the judicial system only
intervenes in a way of appeal.
This movement thus reflects a trend towards desjudicialization and
decriminalisation of less serious offences, which thus gain treatment in the plan
more settled.
The program of replacement of the contraventions and transgressions by counter-ordinations,
by its slow nature, it started with the publication of the Decree-Law No. 232/79, of 24 of
July, which instituted the illicit of mere social ordering. This diploma determined
difficult consequences to manage at the level of their practical application, due essentially
to the fact that the Public Administration does not have the means to allow it a
effective implementation of the respective normative commands, so the Decree-Law No. 411-
A/79, of October 1, came to repeal the norms of the previous diploma that determined
the changes in question in this matter.
The legislator came in the meantime, specifically through the Decree-Law No. 433/82, of 27
of October, which approved the general regime of the illicit of mere social ordering and respective
process, give body to a willingness to move towards the constitution of a
illicit of mere social ordering and give note of the urgency in realizing the right of the
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counterordinations. On the other hand, it has the experience coming out to be justified
and convenient to submit to the regime of the counter-ordinances the unlawful purposes provided under the
form of contraventions and transgressions in the legislation in force.
Thus, it is aimed at the present diploma to determine the new legal regime of the offences
currently punished as ilocytes of a contravened or transgressional nature,
indicating also, as a rule, the competent entity for processing and
application of the respective fines. By way of supplementary title, you carry out the one-off amendment
of a beholdant counterordinational regime, to the revocation of a relevant set of
standards and the consecration of a general norm of conversion into counterordinations of the
standards that provide for contraventions and transgressions and which are not the subject of treatment
by the present diploma.
With respect to transgressions and contraventions still prevailing in the framework of law
of the collective transport of passengers and toll charges in infrastructure
road, it was understood that the respective conversion into counter-ordinations should be
object of autonomous treatment, attests to the needs of ensuring a treatment
coherent of the schemes and to reshape the respective normative framework.
Finally, it should be pointed out the consecration of a transitional regime for the
contraventions and transgressions practiced prior to the date of the entry into force of the present
diploma.
The necessary representations were promoted to the hearing of the Higher Council of the
Judgeship, of the Superior Council of the Public Prosecutor's Office, of the Superior Council of the
Administrative and Fiscal Courts, of the Order of Lawyers, of the House of
Solicitors, from the Council of Justice Officers, of the National Association of
Portuguese Municipalities and the National Association of Freguestics.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General arrangement
Article 1.
Subject
The present diploma determines that they go on to assume the nature of counter-ordinations
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certain offences provided for in the law as contraventions and transgressions,
by proceeding also to the amendment of a counter-ordinate regime in force.
CHAPTER II
Amendment to legal regimes that typify contraventions and transgressions
SECTION I
Mutual betting contests granted to the Santa Casa da Misericórdia de Lisboa
Article 2.
Counter-ordering
1-Constitui counterordinance:
a) The promotion, organization or exploitation, regardless of the means
used, particularly the electronic, of mutual betting tenders,
lotteries or other sorties identical to contests granted in a scheme of
exclusive to the Santa Casa da Misericórdia de Lisboa, with violation of this regime;
b) The issuance, distribution or sale of the tickets or bulletins relating to competitions,
lotaries or sorties referred to in the preceding paragraph and the publicising of the realization
of the respective sorteds, whether or not these occur on national territory;
c) The raising of bets on the numbers of mutual betting contests
granted in a regime of exclusive to the Holy House of the Misericórdia de Lisboa;
d) The subdivision of fractions of the National Lottery;
e) The realization, regardless of the means used, in particular the
electronic, of advertising or promotional sorteds of entities, goods or
services, of any kind, that empowers a cash prize or thing
with an economic value of more than € 25, operated in the form of raffles
numbered or other sorting figures on the results of the contests
granted in a regime of exclusive to the Holy House of the Misericórdia de Lisboa, or
in the form of tickets, which immediately assign the right to an award or
the possibility of winning an award on the basis of that draw;
f) The introduction, sale or distribution, regardless of the means used,
notably the electronic, in national territory, of the supports of
participation in foreign games or sorteds similar to the contests of
mutual betting granted in a scheme of exclusive to the Holy House of
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Mercy of Lisbon;
g) The raising of bets for the games referred to in the preceding paragraph, yet
on tickets other than those allowed in the states to which they respect;
h) Advertising or any other form of provision of services concerning the
operation of games referred to in paragraph f ), including the reception, inter alia
electronics, betting and the periodic dissemination of the results of the sorteds
respective;
i) The participation, regardless of the means used, in particular the
electronic, in contests or sorteds identical to the betting contests
mutual granted in a regime of exclusive to the Holy House of the Mercy of
Lisbon, the exploitation of which is punishable under the terms of the points a) and b) ;
j) The participation in foreign games or sorteds, the exploitation of which is punishable
under the terms of the ( c) .
2-A negligence and the attempt are punishable.
3-The provisions of this Article shall not apply to the game of mutual betting called
Euromillions .
Article 3.
Fines
1-The counter-ordinations provided for in points a ) a d ) of paragraph 1 of the previous article are
punishments with fine of € 500 a € 3740, in the case of natural person, and of € 2000 a €
44890, in the case of a legal person.
2-The counter-ordinations provided for in points and ) a h ) of paragraph 1 of the previous article are
punishments with fine of € 1000 a € 3740, in the case of natural person, and of € 2500 a €
44890, in the case of a legal person.
3-The counter-ordinations provided for in points i ) and j ) of paragraph 1 of the previous article are
punishable with fine of € 75 a € 250.
4-In the event of negligence, the maximum limits of the fines provided for in the figures
previous ones are reduced to half.
5-In the event of recidivism, the minimum and maximum limits of the fines provided for in the paragraphs
1 a 3 are high in a third of their respective value, and they may not be
lower than the value of the fine imposed by the previous offence provided that the limits
minimum and maximum of this are not superior to those.
6-It is considered recidivising the agent who commit an offence practiced with dolo
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after he was convicted of another offence practiced with dolo, if among the
two offences have not elapsed a period higher than that of the limitation of the first one.
Article 4.
Ancillary sanctions
1-Concurrently with the fine, they can be applied, depending on the severity of the
infringement and the fault of the agent, the following ancillary penalties:
a) Loss of goods, including technical equipment, means of transport, securities
of game or values used in the practice of the offence or resulting from this,
including those intended for awards or that as such hajam was distributed;
b) Closure of the establishment where the activity takes place and whose
health is subject to authorization or license of authority
administrative;
c) Interdiction of the exercise of any activity concerning the contests of
mutual betting granted in a scheme of exclusive to the Holy House of
Mercy of Lisbon.
2-Should any apprehended game title be entitled to premium, the same is received and
integrates the value of the seized goods.
Article 5.
Competent authority
1-It is competent for the processing of the counter-ordinances to which the present
section the Department of Games of the Holy House of Misericórdia de Lisboa.
2-It is competent for the application of the fines and sanctions ancillary to the practice of the
counter-ordinations referred to in this section the direction of the Department of
Games of the Holy House of the Mercy of Lisbon.
Article 6.
Distribution of the product of the fines
1-The product of the fines applied in the terms of the previous articles is distributed from the
following form:
a) 50% to the Holy House of the Misericórdia of Lisbon;
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b) 35% for the Institute of Financial Management of Social Security;
c) 15% for the State.
2-A Santa Casa da Misericórdia de Lisboa transfers quarterly to the entities
referred to in points b) and c) of the previous number the importances it has received
and to which those are entitled.
SECTION II
Electrical plant regimes
SUBSECTION I
Regulation of licences for electrical installations
Article 7.
Amendment to Decree-Law No 26852 of July 30, 1936
Articles 59 to 65, 67 to 72, 74 and 75 of the regulation of licences for facilities
electrical, approved by Decree-Law No. 26852, of July 30, 1936, and amended
by Decrees-Laws No. 40722, of August 2, 1956, 43335, of November 19 of
1960, paragraph 446/76, of June 5, para. 517/80, October 31, para. 131/87, 17
March, paragraph 272/92, of December 3, and No. 4/93 of January 8 and by the Portaria n.
344/89, of May 13, shall be replaced by the following:
" Article 59.
1-When the work of establishing an electrical installation of
public service that requires prior establishment leave
start before they have complied with the provisions of Article 24, the
concessionaire is punished with a fine, graded as per
importance of the installation and the advance of the work, not being
never less than € 250 nor more than € 2500.
2-If the illegally established facility is not understood in the
area of the concession or not to comply with the provisions of the respective notebook
of charges, or even in the case that there is no approved concession in the
legal terms, the fine may not be less than € 750 or greater than €
7500.
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3-When the installation, in addition to established without a license, is found
already in operation, it is high at double the fine that will compete you.
4-A competent authority intima the offender to disassemble the facility or
to carry out its legalization, setting for that purpose a sufficient time frame.
5-If the subpoena referred to in the preceding paragraph is not complied with, the
infractor is considered recidivism, being applied new coima, of
value equal to double the primitive, followed by new subpoena.
6-A second recidivism is punished with fine of value equal to the quintuple
of the primitive, whatever was the importance of this, and may
competent authority also to order the embargo of the
works to prevent its continuation and, if the third subpoena is not
fulfilled, order that to apprehend the materials of the facility
electric, which are sold in public hasta, constituting, the
net proceeds from the sale, revenue of the State.
7-In the event that the installation is not carried out directly by its
concessionaire or owner, the installer firm incurs the same
fines that are applied to that.
Article 60.
A lack of compliance with the subpoena referred to in Article 26 (4) is
punished with fine up to € 750, which, in the event of recidivism, may be high
up to € 7500.
Article 61.
1-A lack of shipment of the project referred to in Article 27 (3) or
lack of the communication referred to in Article 28 (3) gives way to the
application of fine up to € 75, which, in the event of recidivism, may be
high up to € 750.
2-A lack of presentation within the time frame referred to in Article 4 (4)
27. gives way to the application of fine up to € 150, which, in the event of
recidivism, can be raised up to € 1500.
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Article 62.
1-If the work of establishment of a service electrical installation
particular first-rate start before they met the willing
in Article 38, its owner is punished with fine, graduates
as per the importance of the installation and the advance of the proceedings,
not being never less than € 150 or greater than € 1500.
2-If the facility, in addition to established without a licence, is found already in
exploitation, may not the fine be less than € 300 or greater than € 3000.
3-It shall also apply in this case to the provisions of paragraphs 4 a to 6 of Article 59.
Article 63.
When in the establishment of an electrical installation they are not
fulfilled the clauses that have been imposed by the authority
competent in accordance with Article 18 (1), the offender is punished with
fine of € 300 for each clause that has not been complied with, these being
clauses again imposed together with those whose need
has been demonstrated by the survey.
Article 64.
1-The concessionaire or owner of an electrical installation that does not
run the same facility in accordance with the approved project, since
that the modifications introduced may impair the safety of your
operating or altering in a sensitive way its characteristics or the end to
which is intended, incurs fine, graded as per the importance of the
installation and modifications introduced, not being never less than €
750 nor more than € 7500.
2-A The application of the fine is followed by subpoena to perform the installation
of harmony with the approved project or to apply for new licence for
the modifications made, pursuant to this regulation, within the time limit
that to this end will be fixed to you.
3-A The lack of compliance with this subpoena gives way for the installation to be
deemed to have been established without a licence, applying the
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provisions of Article 59 (5)
4-[previous § 3.]
Article 65.
1-A the exploitative entity of a public service electrical installation or
of a private service electrical installation of 1. th, 2 th or 3.
category that has been legally established, but one that finds itself in
operation before the survey, or to which it has been refused to
provisional authorisation for the holding referred to in paragraph 3 of the article
45., incurs a fine, graduated as per the importance of the
installation, being never less than € 300 nor more than € 3000 if the
installation is of public service, and not being less than € 150 nor
greater than € 1500 if the installation is of private service.
2-[...].
3-A The lack of compliance with this subpoena gives way to the application of new
coima, which can be raised to the top of the first, any that
has been the importance of this.
Article 67.
The public distributor of electrical energy connecting or allowing the connection to the
your network of a 2 th or 3 th category facility, without having obtained
beforehand the necessary permission of the respective Regional Directorate of the
Ministry of Economy and Innovation, is punched with fine by € 300.
Article 68.
1-A failure to comply with any clauses imposed on the entity
explorer of an electrical installation, pursuant to Art. 45, or
such an imposition has resulted from the first survey of that facility, either
is the consequence of a revistoria carried out on another occasion,
gives way, if the installation is of public service, to the application of a fine
of € 25 for each clause that has not been complied with or that has
been in an incomplete or ineffective manner, and shall not, in any case, be
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coima to be less than € 75 or greater than € 750.
2-Applied the fine referred to in the preceding paragraph, the competent authority
fixed to the exploitative entity, for fulfillment of the missing clauses, a
new deadline that is sufficient for the execution of all work
taxes and, if this time limit is also not complied with, the offender is
considered recidivism, sensing it applied a new fine of € 75 per
each clause, with the minimum of € 150 and the maximum of € 1500, followed by
fixation of a third and final deadline.
3-A The second recidivism is punished with fine of € 300 by each clause,
with the minimum of € 750 and the maximum of € 7500.
4-Fifteen days after the application of the latter cofine, if the entity
explorer has not fully performed all work
taxes in a satisfactory manner, the competent authority may order the
your coercive execution, on account of the offender, in which case the
expended importances, if they are not met voluntarily, are
coercively charged.
5-regardless of the provisions of the preceding paragraph, whether or not they are
applied for its provisions, non-observance of the third term fixed
for the fulfillment of the clauses is regarded as a crime of
qualified disobedience under the provisions of the provisions of Article 348 of the
Penal code.
6-If the installation is of particular service, they also have application to
provisions of this Article, being the minimum and maximum limits of
fines provided in the previous figures reduced to half.
Article 69.
1-The concessionaire of a distribution of electric power that does not
to respect the clauses of the notebook of its concession or
distribute electrical energy for purposes other than those in it
stipulated is punished with fine up to € 150, which, in the event of recidivism,
can be raised up to € 1500, followed by subpoena to regularize the
exploration.
2-A fine referred to in the preceding paragraph has no application if in the notebook of
charges is provided for a larger penalty for the same offence.
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Article 70.
The one who fails to comply with any legal subpoena that is made to him
by the competent authority is punishable by € 150 which, in the event of
recurrence, is high up to € 1500, followed by new subpoena.
Article 71.
The lack of compliance with the third subpoena, made pursuant to the articles
69. and 70, is considered a crime of disobedience for the purpose of application
of the provisions of Article 348 of the Criminal Code.
Article 72.
The one who cede to provide any clarification necessary for the good
progress of the license process or cease to comply with any
formality indispensable for the same purpose, after that clarification
or the fulfillment of that formality has been asked by the authority
competent in three successive crafts, expeded with intervals not
less than fifteen days, it is punched with fine up to € 75 which, in case of
recidivism, can be raised up to € 750.
Article 74.
If the same fact constitutes both crime and counter-ordinance, the
agent is always punched only to the title of crime.
Article 75.
The Directors, managers or employees of some company or company
who, on behalf of this, order any act which is deemed to be a crime or
counter-ordinance are personally responsible for that act, and may-
them to be required equal responsibility for any consequences that
may result from the lack of compliance with the provisions of the present
regulation. "
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Article 8.
Addition to the Decree-Law No. 26852, of July 30, 1936
It is added to the regulation of licences for electrical installations, approved by the
Decree-Law No. 26852 of July 30, 1936, Article 58-A, with the following
wording:
" Article 58.
1-The conducts provided for in the following articles constitute against-
ordering.
2-A competent authority for the establishment, processing, instruction and
decision of the counterordinance processes is the Directorate General of
Geology and Energy, without prejudice to the competences in respect of
supervision and procedural instruction, previously committed to the directions
regional of the economy, transferred to the Inspectorate-General of the
Economic Activities pursuant to the Decree-Law No. 46/2004, 3 of
March.
3-The proceeds of the fines revert to the State and to the service referred to in the
previous number in the percentages of 60% and 40%, respectively. "
SUBSECTION II
Scheme for the elaboration of the projects of the private service electrical installations
Article 9.
Amendment to Decree-Law No 517/80 of October 31
Article 22 of the Decree-Law No. 517/80 of October 31, amended by the Decrees-Laws
n. os
272/92, of December 3, and 315/95, of November 28, goes on to have the following
wording:
" Article 22.
Counter-ordering
1-Whoever, in violation of Article 2, commencing work subject to licensing
municipal, whose electrical installation is lacking in design, without having the
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required license is punched with fine of € 1000 a € 5000.
2-Who, in violation of the provisions of paragraphs 1 a to 4 of Article 3, initiate work
subject to municipal licensing, the electrical installation of which does not lack
project, without having submitted, together with the term of
liability referred to in Article 13, the electronic fact sheet, in
duplicated, and duly signed by the technician responsible for the
execution of the electrical installation, is punched with fine of € 500 a € 1500.
3-A The violating conduct of the provisions of Article 3 (5) is punished with
coima from 1000 a to € 5000.
4-Who, in violation of Article 8, to amend the design of the electrical installation
without presenting beforehand the rectifying project is punishable by fine
from 750 a to € 3000.
5-The failure to comply with the procedures laid down in Article 10 shall be punished
with fine of € 500 a € 1500.
6-The technician responsible for the holding which, in violation of Article 20,
do not inspect the electrical installations in order to proceed to the
checks, tests and regulatory measurements and draw up the report
referred to in Article 14, is punished with fine of € 1000 a € 2500.
7-The technician responsible for the holding who, in violation of the provisions of the
n. os
2 and 3 of Article 20, not to send to the Regional Directorate of the Ministry of
Economics and Innovation the report referred to in the previous article is punishful
with fine of € 500 a € 1500. "
Article 10.
Addition to the Decree-Law No. 517/80, of October 31
They are adjourned to Decree-Law No. 517/80 of October 31, Articles 22-and 22-B,
with the following:
" Article 22.
Competent authority
1-It is competent for the establishment, processing and instruction of the
counter-ordering processes the Directorate General for Geology and Energy,
without prejudice to the competences in the field of supervision and instruction
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procedural, previously committed to the regional directorates of the economy,
transferred to the Inspectorate General for Economic Activities in the
terms of the Decree-Law No. 46/2004 of March 3.
2-It is competent for the decision to apply fines to the Commission of
Application of Coimas in Economic Matters and Publicity.
Article 22-B
Distribution of the product of the fines
The product of the applied fines is distributed as follows:
a) 40% for the instructor-led entity of the process;
b) 60% for the state. "
SECTION III
Activity of resinating
Article 11.
Amendment to Decree-Law No 38630 of February 2, 1952
Articles 4 and 5 of the Decree-Law No 38630 of February 2, 1952, amended by the
Decree-Law No. 41033 of March 18, 1957, shall be replaced by the following:
" Article 4.
Infringement of the provisions of Article 2 of the Decree-Law No. 28492, 19 of
February 1938, in the Decree-Law No. 38273 of May 29, 1951, at para.
present diploma and in the Decree-Law No. 41033 of March 18, 1957,
all in the wording in force, constitutes counterordinance punishable by the
following fines:
1. By each incision with excess width or depth:
Full width Depth total Coima
Up to 12 inches Up to 2 centimeters € 4.00
Up to 14 inches Up to 3 centimeters € 8.00
More than 14 inches More than 3 centimeters € 40.00
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2. For each wound open in pines in diameter less than 0 m
, 30,
measuring at 1 m
, 30 of the soil, whose resinating is not authorized, with a
coima in the value of € 75.
3. For any other infringement not specified in the preceding paragraphs,
by each wound, with a fine in the value of € 8.
§ 1 By the payment of the fine they respond by severally the owner or
possessor of the pines, the industrial to whom to target the yolk and the
resiner.
§ 2 The counter-ordinations are not punished when it is proved that the number
of legal incisions does not exceed 1% in the pinhal to which they respect, owing
impute to the risk resulting from the resinating.
§ 3 th [...].
§ 4 th [...].
Article 5.
The industrialist who receives yolk, coming from any person, by other
inscribed in the General Directorate of Forest Resources practice counter-ordinance
punishable with fine of € 50 a € 275. "
Article 12.
Addition to the Decree-Law No. 38630, of February 2, 1952
They are adjourned to Decree-Law No. 38630 of February 2, 1952, Articles 7-A and
7.-B, with the following wording:
" Article 7.
Competent authority
It is competent for the establishment, processing, instruction and decision of the
counterordinance proceedings by infringement of the diplomas referred to in the
article 4 the General Directorate of Forest Resources.
Article 7-B
Distribution of the product of the fines
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The product of the applied fines is distributed as follows:
a) 40% for the General Directorate of Forest Resources;
b) 60% for the state. "
SECTION IV
Regime for combating contagious diseases of animals
Article 13.
Amendment to Decree-Law No 39209 of May 14, 1953
Articles 14 and 15 of the Decree-Law No 39209 of May 14, 1953, amended by the
Decrees-Laws n. the
51/90, of February 10, and 69/93, of March 10, go on to
following wording:
" Article 14.
1-A infringement of this diploma and the hygienic determinations
provided for in Article 5 that, in the terms and for the purposes of this diploma,
are issued by the Directorate General of Veterinary and the Directions
regional agriculture, constitutes counter-ordinance punished with fine of
€ 250 a € 3750, in the case of natural person, and of € 3000 a € 45000, in the
case of a legal person.
2-A negligence and the attempt are always punishable.
3-Concurrently with the fine, they can be applied, depending on the
gravity of the offence and the fault of the agent, the following penalties
accessory:
a) Loss of objects belonging to the agent;
b) Interdiction of the exercise of occupations or activities whose exercise
depend on a public title or authorization or homologation of
public authority;
c) Deprivation of the right to subsidy or benefit bestowned by entities
or public services;
d) Deprivation of the right to participate in fairs or markets;
e) Deprivation of the right to participate in pitching or contests
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public who have the object of the undertaking or the granting of
public works, the supply of goods and services, the granting of
public services and the allocation of licences or alvargas;
f) Closure of establishment whose operation is subject
the authorization or leave of administrative authority;
g) Suspension of permits, licences and alvargas.
4-It is competent for the application of the fines and the ancillary penalties
Director general of Veterinarian, who can delegate it to the regional directors
of agriculture.
5-Compete in particular to the regional directions of agriculture the instruction
of the counter-ordering processes, which can in general be done by the
police and administrative authorities that detect the situations of
infringement of the provisions of this degree, and in this case, the
processes sent to the regional agriculture directions of the respective
area, which they may, whenever they deem it necessary, to carry out
complementary representations of instruction.
6-Finda the instruction, the regional directions of agriculture draw up a
succinct report, which shall contain the identification of the accused, the description
of the imputed facts, the evidence obtained and the relevant circumstances
for the decision, the indication of the standards breached and the fine and the sanctions
accessory that should be applied.
7-The counterordinance processes are then present to the Director-
Veterinarian general for decision.
8-The product of the applied fines is distributed as follows:
a ) 10% for the entity that raised the auto;
b ) 10% for the entity that instructed the process;
c ) 20% for the entity that applied the fine;
d ) 60% for the State.
Article 15.
Administrative and police authorities readily provide all the
aid that the Directorate General of Veterinary and the regional directorates of
agriculture to request them for the implementation of the measures ordered to
shelter of this diploma, cooperating in its implementation in everything that is
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needed. "
Article 14.
Legal references in the Decree-Law No. 39209 of May 14, 1953
All references to the "Minister of Economics" and the " Directorate-General for Services
Livestock ", constants of the Decree-Law No. 39209 of May 14, 1953, consider-
if made to the "Minister of Agriculture, Rural Development and Fisheries" and the
"Directorate General of Veterinarian", respectively.
SECTION V
Regime of fomenting fish in the inland waters
Article 15.
Amendment to Law No. 2097 of June 6, 1959
The XVII, XXIV and XXV bases of Law No. 2097 of June 6, 1959, which sets out the
bases of the foment fish in the inland waters, they are replaced by the following:
" Base XVII
1-[....].
2-[....].
3-Failure to comply with the provisions of the preceding paragraphs constitutes against-
ordinance punishable with fine of € 500 a € 3000, in the case of person
singular, and of € 2000 a to € 44890, in the case of a legal person.
Base XXIV
1-A fishing without the necessary licence in the free waters and the prohibited waters,
reserved or subject to concession, constitutes counterordinate punishable
with fine of € 100 a € 1000.
2-If fishing is practiced at night, the minimum and maximum limits of the fine
are high for double.
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Base XXV
Constitutes counterordinate punishable with fine of € 50 a € 500:
a ) Non-return to the watery of the fish caught with dimensions
lower than the regulations;
b ) The destruction, displacement or unutilisation of the tabulets of
signage placed under or in fulfilment of provisions
legal from fishing. "
Article 16.
Amendment to Decree No 44623 of October 10, 1962
Articles 59, 60, 62, 68, 68 to 71, and 79 and 79 of Decree No 44623 of 10 of
October 1962, which approves the regulation of Law No 2097 of June 6, 1959,
changed by Decree No. 312/70 of July 6 and by Regulatory Decrees n. para.
18/86, of May 20, and No. 11/89 of April 27, shall be replaced by the following:
" Article 59.
The infringement of the provisions of Article 48 constitutes counterordinance punishable
in the following terms:
a ) The lack of participation to the General Directorate of Forest Resources
in the time limits referred to in Paragraph 1 of Article 48 is punishable by fine of
€ 500 a € 3700;
b ) If there has been only inobservance of the arrangements
indispensable to the survival of fish, without it resulting in
its destruction, the fine is € 500 a € 3740;
c ) If, cumulatively, there has been disrespect of the prescriptions of the
Directorate General for Forest Resources, the fine is € 500 a €
3740;
d ) If, in any of the cases, there has been the death or destruction of the
ictiological fauna, the fine is € 500 a € 3740.
Article 60.
20
The exercise of fishing unaccompanied by the respective licence and document
legal for personal identification constitutes counterordinance punishable with fine
from 50 a to € 500.
Article 62.
The infringement of the provisions of Article 51 constitutes counterordinance punishable
in the following terms:
a ) The transfer of ichthyological species is punishy with fine
500 a to € 2,500;
b ) Its import is punished with fine of € 500 a € 3700.
Article 66.
The infringement of the provisions of Article 34 (3), in Paragraph 2 of Article 36 and in the
point ( a ) of Article 47 constitutes counterordinance punishable with fine of €
100 a to € 250.
Article 68.
Constitutes counterordinance, punishable with fine of € 75 a € 500, the sale,
acquisition and simple exposure to the public, transport, retention and the
supply in hotel establishments or fresh fish congeners
during the time of the respective defenceless, whatever its provenance.
Article 69.
When the ducts referred to in the previous article have as an object fish
of dimensions below the legal or arising from prohibited fishing, the agent
is punched with fine of € 100 a € 700.
Article 70.
The infringement of the provisions of the provisions of b ), c ) and d ) and in the Single Paragraph of Article 47 and
in the first part of § 2, in § 5 and in Paragraph 7 of Article 11, constitutes against-
ordering punishable with fine of € 75 a € 250.
21
Article 71.
The transport, exhibition and sale of salmonids in violation of the willing
in Paragraph 2 of Article 32 constitutes counterordinance punishable by fine of € 75
at € 250.
Article 78.
§ 1 Constitui counterordinance punishable with fine of € 100 a € 1000 a
existence of explosive products, chemicals, vegetables, substances
poisonous, toxic or any other likely to destroy, stun or
distressed the fish, from nets or any other fishing gear out of time and
location allowed, on board the fishing vessels, on the equipment or on the
viactures, in the possession or the scope of the fisherman in the act of fishing, when
by the general law does not constitute an attempt at criminal illicit.
§ 2. The counter-ordinance referred to in § 1 is punishable with fine of € 200 a €
2000, if the offender has the materials about himself or his / her reach in the act of
fishing.
Article 79.
The practice of moonautic sports in the water fishing concessions
stops without permission from the Institute of the Environment, heard the General Directorate
of Forest Resources, constitutes counterordinance punishable with fine of €
75 a to € 250. "
Article 17.
Addition to Decree No 44623 of October 10, 1962
They are adjourned to Decree No 44623 of October 10, 1962, Articles 79-and 79-
B, with the following wording:
" Article 79.
Competent authority
22
It is competent for the establishment, processing, instruction and decision of the
counterordinance proceedings by infringement of the provisions of Law No. 2097, of
June 6, 1959, and in this diploma the General Directorate of Resources
Forest.
Article 79-B
Distribution of the product of the fines
The product of the applied fines is distributed as follows:
a ) 40% for the General Directorate of Forest Resources;
b ) 60% for the state. "
SECTION VI
Regimes of the general conditions of the exercise of the activities of spectacle
SUBSECTION I
Regime of the general conditions of the exercise of professional activities connected to the
spectacles
Article 18.
Amendment to Decree-Law No 43181 of September 23, 1960
Article 11 of the Decree-Law No. 43181 of September 23, 1960, as amended by the
Decree-Law No. 38/87 of January 26, is replaced by the following:
" Article 11.
1-Constitute counterordinance serious infringement of the provisions of § 1 of the
Article 1, in Articles 4, 7 and 9, as well as in the Regulations referred to
in Articles 2 and 5.
2-As a function of the seriousness of the offence and the fault of the agent, this being
professional of spectacles or artistic agent, can be also
applied for the incidental sanction of interdiction of the exercise of the activity.
3-It shall apply to the counter-ordinances referred to in this Article o
general regime provided for in Articles 614 to 640 of the Labour Code. "
23
SUBSECTION II
Legal regime of the general conditions of the exercise of the business of professionals
of spectacles
Article 19.
Amendment to Decree No 43190 of September 23, 1960
Articles 10, 11, 14, and 46 and 46 of Decree No 43190 of September 23, 1960,
changed by the Decrees-Leis n. the
383/71, of September 17, and 38/87, of January 26,
shall be replaced by the following:
" Article 10.
Constitutes serious counterordinance:
a) The permission, by the entity that explores spectacles or
public amusements, from the exhibition professional of spectacles
in violation of the provisions of this diploma;
b) The permission, by the entity that explores spectacles or
public divers, from the display of amateurs in violation of the
provisions of this diploma.
Article 11.
1-The exercise of the activity of artistic agent depends on a licence to
grant by the Inspectorate-General of Labour.
2-[ previous § 1. º].
3-A violation of the provisions of paragraph 1 constitutes serious counterordinance.
Article 14.
1-The artistic agent may not receive any importances by the
placement of professional of spectacles in company or
establishment where they pay service to any title, or that it is
owner, manager or administrator.
2-A violation of the provisions of the preceding paragraph constitutes counterordinance
24
grave.
3-As a function of the seriousness of the offence and the fault of the agent, it may be
also applied the incidental sanction of interdiction of the exercise of the
activity.
Article 16.
1-It is suspended the license granted to society as soon as:
a) The Labour General Inspectorate communicates to them to have left
recognize idoneity to any of its administrators or
managers;
b) [ previous point 2 )].
2-[ previous § 1. º].
3-The exercise of the activity in the period of suspension of the licence constitutes
serious counterordinance.
4-A society shall communicate to the Inspectorate-General of the Work, within the
five days, the conviction of one your administrator or manager for crime
referred to in para. b) of paragraph 1.
5-A violation of the provisions of the preceding paragraph constitutes counterordinance
grave.
Article 46.
1-The tests and any other preparation work can only carry out-
whether within the term of the contracts and the fixed remuneration is the
same for periods of testing, testing and spectacle, or only
of spectacles.
2-A violation of the provisions of the preceding paragraph constitutes counterordinance
grave. "
Article 20.
Legal references in Decree No. 43190 of September 23, 1960
All references to the "National Institute of Work and Welfare", constants of the
Decree No 43190 of September 23, 1960, consider themselves to be made to the " Inspectorate-
25
General of Work ".
Article 21.
Addition to Decree No 43190 of September 23, 1960
It is added to Decree No 43190 of September 23, 1960, Article 46, with a
following wording:
" Article 46.
It shall apply to the counter-ordinances to which Articles 10, 11, 14, are referred to
16. and 46 the general scheme provided for in Articles 614 to 640 of the Code of the
Work. "
SECTION VII
Regulation of the Fog Profession for the Conduction of Vapor Generators
Article 22.
Amendment to the Regulation approved by Decree No 46989 of April 30 of
1966
1-Chapter VI of the Regulation of the Fog Profession for the Conduction of
Steam generators, approved by Decree No. 46989, of April 30, 1966, and
changed by Decree No. 574/71 of December 21, it becomes the denominate
"Counterordinations".
2-Articles 49 to 52 of the Regulation of the Fog Profession for the Conduction of
Steam generators shall be replaced by the following:
" Article 49.
1-Constitute counterordinate serious the conduct of steam generators, or
the conduct of its owners or users who allow the conduct
of the same by:
a) Individuals not holders of professional bonfire portfolio;
b) Bonkers holders of professional portfolios not revalidated or not
26
delivered pursuant to Rule 42.
2-Constitui counterordinance leads to the performance of the activity of
bonfire without the respective professional portfolio containing the
averaging of the entities to the service of which the holder is located.
Article 50.
Constitutes serious counterordinance:
a) The conduct of owner or user of steam generator that
determine or allow the learning or instruction of the driving of
generator in violation of the provisions of articles 14 to 16, or the
driving by class bonfire lower than required in function of the
generator category;
b) The violation of the provisions of the Single Paragraph of Article 1, in Articles 7 to
9., as well as the lack of licence referred to in Paragraph 4 of Article 32;
c) The conduct of the employer that hinders or prevents the bonfire from
comply with the provisions of articles 11 to 13.
Article 51.
It constitutes serious counterordinance to the violation of the provisions of Articles 11 to
13. In case the bonfire is carrying out a paid activity provided
with autonomy.
Article 52.
It is applicable to the counter-ordinances to which Articles 49 to 51 refer to
general regime provided for in Articles 614 to 640 of the Labour Code. "
SECTION VIII
Regime of public water albufairs
Article 23.
Amendment to Decree-Law No 502/71 of November 18
27
Article 7 of the Decree-Law No. 502/71 of November 18 is to have the following
wording:
" Article 7.
1-Constitui counterordinance:
a) The conduct of the dealerships, associations of regantes
and beneficiaries and other bodies interested in the exploitation of
public waters which, in violation of the provisions of Article 1 (4),
do not provide the collaboration requested by the Institute of Water;
b) Failure to comply, in violation of Article 2 (3), of the
constraints set out in the projects or proposals
approved by dispatch from the Minister that guardia the area of the
environment;
c) The construction, in violation of the provisions of Article 3 (2) thereof, of
buildings and other uses of the protective areas that may
interfere with the main and secondary leverages of the
albufairs in decompliance with the conditions laid down
by the Ministry that guardiits the area of the environment and by its
surveillance;
d) The realization of any constructions or activities, including
recreational, which have been, in accordance with Article 4,
prohibited by the Ministry that guardiates the area of the environment.
2-The counter-ordinations provided for in the preceding paragraph are punished with
fine of € 150 a € 15000, high at double in case of recidivism.
3-It is competent for the introduction, processing, instruction and decision
of the counter-ordering processes the Institute of Water.
4-The proceeds of the fines revert to the State and to the service referred to in the
previous number in the percentages of 60% and 40%, respectively. "
Article 24.
Legal references in the Decree-Law No. 502/71 of November 18
All references to the "Ministry of Public Works", to the " Minister of Works
Public "and to the" Directorate General of Hydraulic Services ", constants of the Decree-Law n.
28
502/71, of November 18, consider themselves to be made to the " Ministry that guardiits the area of the
environment ", to the" Minister who tutorates the area of the environment "and the" Institute of Water ",
respectively.
SECTION IX
Actuations in the use of soils and landscape
Article 25.
Amendment to Decree-Law No 343/75 of July 3
Article 6 of the Decree-Law No. 343/75 of July 3, as amended by the Decree-Law No
117/94, of May 3, shall be replaced by the following:
" Article 6.
1-Constitui counterordinate punide with fine of € 50 a € 3740, in the case of person
singular, and of € 500 a to € 40000, in the case of legal person:
a ) The violation of the provisions of Article 1 (1) of the Article;
b ) The non-acatation of the conditions imposed in accordance with Article 4 (2);
c ) The lack of compliance with the order referred to in Article 5 (2).
2-It is competent to determine the initiation of counterordinance processes, to
designate the instructor and to apply the fines the chairman of the local town hall
of the practice of the offence, and may delegate it to any of its members.
3-The proceeds of the fines revert to the State and to the municipal chamber referred to in the
previous number in the percentages of 60% and 40%, respectively. "
SECTION X
Regime of the exhibition and sale of objects and means of pornographic content or
obscene
Article 26.
Amendment to Decree No 647/76 of July 31
Articles 8 to 10 of the Decree No. 647/76 of July 31, which regulates the Decree-
Law No 254/76 of April 7 shall be replaced by the following:
29
" Article 8.
Infringement of the provisions of this diploma constitutes counterordinance
sanctioned with fine of € 200 a € 1000, if more serious sanction is not
applicable by virtue of another legal provision.
Article 9.
It is competent for the establishment, processing and instruction of the processes
of counter-ordinance the Inspectorate General of Economic Activities, being
the Commission for the Enforcement of Coimas in Economic Matters and the
Competent publicity for the decision to apply for fines.
Article 10.
The product of the applied fines is distributed as follows:
a ) 40% for the Inspectorate General for Economic Activities;
b ) 60% for the state. "
SECTION XI
Road regimes
Article 27.
Road counter-ordinations
1-A infringement of the provisions of paragraphs 1, 2, 4 and 5 of the Portaria No 344/78 of 29 of
June, amended by Decree-Law No. 186/82 of May 15, constitutes against-
punishing road ordinance with fine of € 120 a € 600.
2-A infringement of the provisions laid down in paragraphs 1 to 3 of the Portaria No 324/82 of March 25,
amended by Portaria No. 475/83 of April 22 constitutes counter-ordinance
road punishing with fine of € 60 a € 300.
3-It shall apply to the counter-ordinances referred to in this article the provisions of
Title VIII of the Road Code.
4-The product of the imposed fines is distributed in accordance with the provisions of the Decree-
Law No. 369/99 of September 18.
30
SECTION XII
Schemes of the collection and transport of milk and concentration centres and
treatment of milk
Article 28.
Counterordinate regime concerning the hygiotechnical conditions of collection and
milk transport and centurals of concentration and milk processing
1-The present article establishes the counter-ordinational regime of conduct contrary to the
Regulation of the Higiotechnical Conditions of the Collection and Transport of Leite, to the
Regulation of Leite Concentration Centres and the Regulation of Centres
of Leite Treatment, approved by the Regulatory Decree No. 7/81, 31 of
January, changed by the Decrees-Leis n. the 441/86, of December 31, para. 205/87, of
May 16, and paragraph 39/2003, of March 8.
2-Constitui counterordinance punished with fine of € 250 a € 2500:
a) The lack of achievement of works in the deadlines and terms indicated under the
Regulation;
b) The lack of compliance with the hygiotechnical requirements to be observed in the
operation of the milk collection facilities;
c) The lack of compliance with the hygiotechnical requirements to be observed in the
operation of the milk collection centres;
d) The lack of compliance with the hygiotechnical requirements to be observed in the
operation of the milk treatment centres.
3-Constitui counterordinate punide with fine of € 150 a € 2500 a maintenance to
collaborator service demonstrably sick or who do not meet worldly from the
respective health bulletin.
4-Constitui counterordinance punished with fine of € 50 a € 2500 a failure to comply with
standards relating to the hygiene of milk transport.
5-Constitui counterordinate punide with fine of € 25 a € 2500 a use of a
vasilhame that does not meet the requirements set out in the Regulation.
6-Concurrently with the fine, it can be applied, depending on the severity of the
infringement and the fault of the agent, the ancillary sanction of loss in favour of the State of the
products, objects, vasilhame or mechanisms used or intended for the practice of
counter-ordinations provided for in the preceding paragraphs.
7-It is competent for the processing of the counter-ordinations to which the
31
previous figures the regional agriculture direction of the area of the practice of the offence.
8-It is competent for the application of the fines and ancillary sanctions to which the
previous figures the Director-General of Veterinary.
9-The product of the fines applied in the terms of the previous figures is distributed from the
following form:
a) 10% for the entity that raised the auto;
b) 10% for the entity that instructed the process;
c) 20% for the entity that decided the process;
d) 60% for the State.
Article 29.
Amendment to the Regulation of the Higiotechnical Conditions of Recovers and Transport
of Leite
1-Chapter III of the Regulation of the Higiotechnical Conditions of Recreation and
Transport of Leite, approved by the Regulatory Decree No. 7/81, of 31 of
January, goes on to denominate "General and sanctionatory provisions".
2-Article 24 of the Regulation of the Higiotechnical Conditions of Recreation and
Transport of Leite shall be replaced by the following:
" Article 24.
The offences of the provisions of this Regulation constitute against-
ordinance punishable with fine in the legally anticipated terms. "
Article 30.
Amendment to the Regulation of Milk Concentration Centres
1-Chapter VI of the Regulation of Milk Concentration Centres, approved by the
Regulatory Decree No. 7/81, of January 31, passes to be named " Provisions
general and sanctionatory ".
2-Articles 21 and 22 of the Regulation of Milk Concentration Centres pass
to be replaced by the following:
32
" Article 21.
The offences of the provisions of this Regulation constitute against-
ordinance punishable with fine in the legally foreseen terms.
Article 22.
The suspension actions provided for in this chapter, regardless of the
competence of the Directorate General of Health in the sector, can be implemented
by the Directorate-General for Veterinarian and regional directorates of
agriculture. "
Article 31.
Amendment to the Regulation of Leite Treatment Centres
1-Chapter VI of the Regulation of Leite Treatment Centres, approved by the
Regulatory Decree No. 7/81, of January 31, passes to be named " Provisions
general and sanctionatory ".
2-Articles 21 and 22 of the Regulation of Milk Treatment Centres pass the
have the following wording:
" Article 21.
The offences of the provisions of this Regulation constitute against-
ordinance punishable with fine in the legally foreseen terms.
Article 22.
The suspension actions provided for in this chapter, regardless of the
competence of the Directorate General of Health in the sector, can be implemented
by the Directorate-General for Veterinarian and regional directorates of
agriculture. "
SECTION XIII
Mortuary legal regimes
33
Article 32.
Amendment to the Model of Regulation of Municipal Cemeteries
Article 64 of the Model of Regulation of Municipal Cemeteries, approved by the
Decree No 48770 of December 18, 1968 and amended by Decree-Law No. 411/98,
of December 30, it is replaced by the following:
" Article 64.
The offences of the provisions of this Regulation constitute against-
ordinance punishable with fine in the legally anticipated terms. "
Article 33.
Amendment to the Model of Regulation of Parish Cemeteries
Article 65 of the Paroquial Cemeteries Regulation Model, approved by the
Decree No 48770 of December 18, 1968 and amended by Decree-Law No. 411/98,
of December 30, it is replaced by the following:
" Article 65.
The offences of the provisions of this Regulation constitute against-
ordinance punishable with fine in the legally anticipated terms. "
CHAPTER III
Amendment to the counterordinational legal regime
Article 34.
Amendment to Decree-Law No 411/98 of December 30
Articles 25, 27 and 29 of the Decree-Law No 411/98 of December 30, amended
by Decrees-Laws No. 5/2000 of January 29, and No. 138/2000, of July 13, pass
to be replaced by the following:
" Article 25.
[...]
34
1-Constitui counterordinate punishing with fine of € 500 a € 7000 or €
1000 a to € 15000, depending on whether the agent is a natural person or person
collective:
a) [...]
b) [...]
c) [...]
d) [...]
e) [...]
f) [...]
g) [...]
h) [...]
i) [...]
j) [...]
l) [ previous point k )];
m) [ previous point l )];
n) [ previous point m )];
o) [ previous point n )];
p) [ previous point the )];
q) [ previous point p )];
r) [ previous point q )].
2-Constitui counterordinate punishing with fine of € 200 a € 2500 or €
400 a to € 5000, depending on whether the agent is a natural person or person
collective:
a) [....];
b) [....];
c) [....];
d) [....];
e) The infringement of the imperative provisions of an administrative nature
municipal cemetery regulation constants or parochial, if
more serious penalty shall not be applicable by force of another standard of the
present article.
3-[...].
35
Article 27.
[...]
The competency to determine the instruction of the counterordinance process
and to apply the respective fine belongs, in the cases of infringement to the
provisions of parochial graveyard regulation, under the terms of the point e) from the
Article 25 (2), to the chairman of the respective freesthesia board, and, in the
remaining cases, to the mayor of the municipality in whose area it has
have been practiced the offence, and such competence may be delegated,
respectively, in any of the members of the freguesia board or the
city hall, pursuant to the provisions of the paragraph q) of Article 38 (1)
and in the letter p) of Article 68 (2) of the Law No 169/99 of September 18,
amended by Law No. 5-A/2002 of January 11.
Article 29.
[...]
1-[....]:
a) 40% for the municipality or freguesia that has applied the fine;
b) 20% for the freguesia which, in the area of that municipality, has under its
administration one or more cemeteries, in the case that the fine has been
applied by the municipality; in the case of plurality of freguesias which,
in the area of that municipality, have under your administration one or
more cemeteries, the amount in question is divided by the total number
of the same, receiving each freguesia the part corresponding to the
number of those who have under your administration; or, for the
municipality in which it integrates the freguesia, in the event that it was this
apply the fine;
c) [....];
d) [....].
2-[....].
3-Compete to the municipality or to the freguesia, depending on the cases, proceed to the
collection of the fine and the posterior prorogation of the respective product by the form
established in the previous figures.
36
CHAPTER IV
Final and transitional provisions
Article 35.
Subsidiary law
To the counter-ordinations provided for in this diploma, and in everything as in it if not
find specially regulated, are subsidally applicable to the provisions of the
general regime of the illicit of mere social ordering and their respective process, constant of the
Decree-Law No. 433/82 of October 27, as amended by Decrees-Laws No. 356/89, of
October 17, paragraph 244/95, of September 14, and para. 323/2001 of December 17, and
by Law No. 109/2001 of December 24.
Article 36.
Conversion into counter-ordinations and their respective scheme
1-The contraventions and transgressions provided for in the legislation in force not covered
by the previous articles go on to assume the nature of counter-ordinations, in the
terms set out in the following numbers.
2-The offences previously punished solely with penalty of fine are punishable by
fines of an amount equal to that provided for in the respective standards.
3-The offences previously punished with alternative prison terms and fine are
punishable with fines of amount equal to the one provided for the respective fines.
4-The offences previously punishable solely with imprisonment or
cumulatively with prison terms and fine, are punishable by fines whose
minimum and maximum limits are those provided for in Article 17 of the general regime of the illicit of
mere social ordering and respective process.
5-Are competent for the processing and application of the imposed fines for the
counter-ordinances referred to in this article the services designated in the
terms of article 34 (2) of the general regime of the illicit of mere social ordering and
respective process.
6-The product of the fines referred to in this article, applied by the services
indicated in the terms of the preceding paragraph, reverts to the State and to the same
services, in the percentages of 60% and 40%, respectively.
7-At the counter-ordinances referred to in this article are to be subsidized
37
applicable provisions of the general regime of the illicit of mere social ordering and
respective process.
8-Except for the provisions of this article the contraventions and transgressions
provided for in the legal regimes relating to collective passenger transport and
to the tolls charged by dealerships in road infrastructure.
Article 37.
Transitional arrangements
1-The contraventions and transgressions practiced prior to the date of the entry into force of the
present law are sanctioned as counter-ordinations, without prejudice to the application of the
regime that concretely shows itself more favorable to the agent, namely
as to the measure of the applicable sanctions.
2-The proceedings by facts practiced prior to the date of entry into force of this Law
pending in court on that date continue to run their terms in the face of the
courts in which they find themselves, by giving them applicable, up to the transit on trial of the
decision to put an end to them, the procedural legislation concerning the contraventions and
transgressions.
3-The proceedings by facts practiced prior to the date of the entry into force of this Law,
whose introduction is carried out at a later time, run its terms
before the competent administrative authorities.
4-Of the decisions rendered by the administrative entities in the terms of the number
previous is up to appeal in the general terms.
Article 38.
Abrogation standard
They are expressly revoked:
a) Articles 27, 28 and 29 of Decree No 12790 of November 30, 1926;
b) Articles 3, 4, 7 and 9 of Decree No 24902 of January 10, 1935;
c) Articles 66 and 73 of the Regulation of licences for electrical installations,
approved by Decree-Law No 26852 of July 30, 1936;
d) The body and § 1 of Article 9, Paragraph 1 of Article 10, Paragraph 3 of Article 11, well
as Article 12 of the Decree-Law No. 38273 of May 29, 1951;
e) The Decree-Law No 39931 of November 24, 1954;
38
f) Articles 153 to 164 of the Decree-Law No. 43335 of November 19, 1960;
g) Articles 72 and 73 of Decree No 44623 of October 10, 1962;
h) Article 53 of the Regulation of the Fog Profession for the Conduction of
Steam generators, approved by Decree No 46989 of April 30, 1966;
i) Article 20 of Decree-Law No 740/74 of December 26;
j) The Decree-Law No 637/76 of July 29;
l) The Decree-Law No 376/77 of September 5;
m) The Article 6 (6) of the Portaria of June 29;
n) Articles 24 and 31 of Decree-Law No 143/78 of June 12;
o) Article 95 (2) of the Decree-Law No 553/80 of November 21;
p) Article 25 of the Regulation of the Higiotechnical Conditions of Recreation and
Transport of Leite, approved by the Regulatory Decree No. 7/81, of 31 of
January;
q) The Article 4 (4) of the Portaria of March 25;
r) The Decree-Law No. 117/90 of April 5.
Article 39.
Entry into force
This Law shall come into force thirty days after its publication.
Seen and approved in Council of Ministers of September 15, 2005
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
