Key Benefits:
1
PROPOSED LAW NO. 83 /X
Exhibition of Motives
Decorations more than twenty years since the passage of the Framework Law of the System of
Information of the Portuguese Republic (SIRP) by Law No. 30/84 of September 5, the
punctual changes of which it was the subject between 1995 and 1997 have kept unchanged
structure and the essential core of powers of the entities referred to therein, what was coming
showing disappropriate face to the frame of hodiernal threats. Because it became
necessary to provide the Portuguese Republic Information System with a structure
cohesive, able to cope with the so-called transnational threats, new wording has been given
to that Framework Act, through the passage of the Organic Law No. 4/2004, of 6 of
November. In it, the information services are restructured, a scheme is devised
of unified direction, materialized in the creation of the post of Secretary General of the System
of Information from the Portuguese Republic. It is an innovative solution, with
unparalleless-regime specificities in the Public Administration. Thus, in addition to
incumbent the Secretary-General to drive superiorly, through the respective
directors, the activities of the Strategic Defence Information Service (SIED) and the
Security Information Service (SIS), now integrated into the Presidency of the
Council of Ministers, evidences the elevation of the Secretary-General to the entity of
inspection, superintendence and coordination.
The model of the Information System of the Portuguese Republic would not be however
complete without the necessary legislative adaptation of the SIED and the SIS to the new regime.
In that sense, the regulatory device of information services so far dispersed
by diplomas differentiated by reference to each of the services, concretely, in the
case of the SIED, the Decree-Law No. 254/95 of September 30, and, in that of the SIS, the Decree-Law
n ° 225/85 of July 4, in the wording given by the Decrees-Laws 369/91, of 7 of
October, and 245/95, of September 14, gives way to a uno regulatory framework,
concretizer of the details of organization and operation of the Secretary-General, of the
SIED and the SIS, which endows them with the means necessary to ensure the interests of the
Portuguese State.
On the other hand, complying with the desiccation fixed by the last wording of the Framework Act of the
2
SIRP, are created, in the direct dependence of the Secretary-General, structures common to the
information services, which result from the agglutination, in a same trunk, of
departments so far twinned in the SIED and the SIS with the same field of
performance. This restructuring in the areas determined by the Framework Act, in addition to
vehicular the general economic rationalization and human resources, it focuses on acting
of the information services at the heart of the assignments they pursue: the production of
information. In the case of SIED, the production of information that contributes to the
safeguarding of national independence, national interests and external security
of the Portuguese State. As for SIS, the production of information aimed at guaranteeing the
internal security and necessary to prevent sabotage, terrorism, espionage and the
practice of acts which, by their nature, may alter or destroy the rule of law
constitutionally established. This is, it believes, a contribution to modernization and
agilization of Portuguese information services.
Because the administrative and support area embraces subjects ora dispersed in the services of
information by diverse departments, it has chosen to specify in its scope
administrative departments with different concretizations, namely: the department
common of human resources, the common department of information technologies and the
common department of security. It also creates the common department of finance and
general support.
Aware of the adaptations that such a remodeling entails, it differs the entry into
operation of the common structures, dilation that has been necessary for the
internal reorganization of SIED and SIS.
The National Data Protection Commission was heard.
The Board of Supervisory Information System of the Republic shall be heard
Portuguese.
Thus, in the development of the legal regime established in the System Framework Act
of Information of the Portuguese Republic,
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 principles
3
Section I
Object, nature and assignments
Article 1.
Subject
This Law establishes, in the context of the Information System of the Republic
Portuguese, hereinafter referred to as SIRP, the legal regime applicable to the Secretary-General
of the Information System of the Portuguese Republic, hereinafter referred to as Secretary-
General, to the Strategic Defense Information Service, hereinafter referred to as SIED,
to the Security Information Service, hereinafter referred to as SIS, as well as to the
respective data centres and common structures.
Article 2.
Nature
1-Pursuant to the Framework Law of the Portuguese Republic Information System,
hereinafter referred to as the SIRP Framework Act:
a) The Secretary-General is a body of the SIRP directly dependent on the First-
Minister and equated for all legal purposes, except for those relating to his
appointment and exoneration, the Secretary of State;
b) The SIED is a public service that integrates into the SIRP and depends directly
of the Prime Minister;
c) The SIS is a public service that integrates into the SIRP and depends directly on the
Prime Minister;
d) The common structures are administrative departments of support to
operational activities of the SIED and the SIS, which work in direct
dependency of the Secretary-General in accordance with that established in Article 35.
of the SIRP Framework Act;
e) Data centres are SIED and SIS services to which it competes
process and conserve in magnetic support or other the data and information
relating to the institutional assignments of the respective services.
2-The Secretary-General, the SIED and the SIS are endowed with administrative autonomy and
4
financial and have headquarters in Lisbon.
Article 3.
Organs and services
1-The Secretary-General is incumbent on directing superiorly, through the directors of the SIED
and of the SIS, in the respect of the Constitution and the law, the production activity of
information necessary for the safeguarding of national independence and interests
national and to the guarantee of the external and internal security of the Portuguese State.
2-SIED is the only body entrusted with the production of information that
contribute to the safeguarding of national independence, national interests and
of the external security of the Portuguese State.
3-The SIS is the only body entrusted with the production of information aimed at
guarantee internal security and necessary to prevent sabotage, terrorism,
espionage and the practice of acts which, by their nature, may alter or destroy the
Constitutionally established state of law.
4-SIED and SIS are exclusively at the service of the State and exercise the respective
assignments in the respect of the Constitution and law, in accordance with the purposes and
objectives of the SIRP.
5-The provisions of the preceding paragraphs shall be without prejudice to the activities of information
carried out by the Armed Forces and necessary to comply with their
specific missions and the guarantee of military security.
Article 4.
Competence of the Prime Minister
1-Without prejudice to the powers inherent in the organic dependence of the SIED and the SIS and the
competencies assigned by the Framework Law and too much SIRP legislation, and by the
present law, it shall, in particular, compete with the Prime Minister, approve the annual plan of
activities of each of the services and their changes.
2-In the exercise of his powers of guardian, may the Prime Minister set, by
dispatch, guidelines and instructions on activities to be developed by the SIED and the
SIS.
5
3-The Prime Minister may delegate to the Secretary-General any of the competences
fixed in the previous figures.
4-Depend on joint dispatch of the Prime Minister and the member of the government
responsible for the area of Finance, the approval of each of the projects of
annual budget of the Office of the Secretary-General and the common structures, of the SIED
and the SIS.
Section II
Principles of acting
Article 5.
Classified activities
1-The activities of the Secretary-General, his Cabinet, the SIED, the SIS and the
common structures are considered, for all purposes, classified and of
interest for the safeguarding of national independence, national interests and
of the external and internal security of the Portuguese State.
2-They are covered by the State secret the records, documents and files, well
how the results of the analyses and the elements kept in the data centres,
of SIED and SIS, and in the archives of the Office of the Secretary-General, of the SIED, of the SIS
and of the common structures, relating to the subjects listed in the SIRP Framework Act.
3-The whole activity of research, analysis, interpretation, classification and conservation of
information developed within the framework of the SIRP is subject to the duty of secrecy, in the
terms defined by the SIRP Framework Act.
Article 6.
Limits of activities
1-The Secretary-General, the members of his Cabinet and the officials and agents of the
SIED, SIS and common structures may not develop activities that
involve threat or offense to the rights, freedoms and guarantees consigned to the
Constitution and the law.
2-To the members of the Cabinet and to the officials and agents referred to in the preceding paragraph
6
is vgranted to exercise powers, practice acts or to develop activities of the scope or of the
specific jurisdiction of the courts, the Public Prosecutor's Office or the entities with
police functions.
3-To the members of the Cabinet and to the officials and agents referred to in the figures
previous is still expressly prohibited to proceed to the detention of any person
or instruct inquiries and criminal proceedings.
4-A infringement of the provisions of the preceding paragraphs constitutes serious breach of duties
functional punishable sanction, which may go up to the resignation or other
measure that involves the cessation of functions, regardless of liability
civil and criminal case that to the couber case, of harmony with the provisions of the general law and the Law
Frame of the SIRP.
Article 7.
Deviation of functions
1-The members of the Cabinet of the Secretary-General and the staff and agents of the SIED,
of SIS and common structures may not prevail-if of their quality, post or
function to practise any action of a diverse nature of the established
institutionally.
2-A violation of the provisions of the preceding paragraph shall be punishable with disciplinary punishment, the
graduate depending on the severity of the lack, which may go up to the dismissal or other
measure that involves the immediate removal of the service, without prejudice to the willing
in the legal regime of ministerial offices, in the SIRP Framework Act and too much
applicable legislation.
Article 8.
Dispensation of publicitation
When founded reasons of safety or related to the specificity of the service
o justifying it, may the members of the Government actors determine, referring to it
expressly, the dispensation of publicitation of the acts necessary for the execution of the
diplomas from the SIRP.
7
Section III
Means of acting
Article 9.
Access to data and information
1-The staff and agents of the SIED and the SIS, as long as they have been properly identified and
on mission of service, have a right of access to all public areas, albeit from
access, and private public access, considered essential to the
pursuit of its competences.
2-The Directors, adjoining directors and department directors of SIED and of the
SIS have access to relevant information and records for the pursuit of their
competencies, contained in files of public entities.
3-A The form of access referred to in the preceding paragraph is realized upon protocol.
Article 10.
Duty of collaboration
1-The services of the Public Administration, central, regional and local, the associations and the
public institutes, public companies or companies with public capitals and the
public service dealerships must provide the Secretary-General, the SIED and
to SIS the collaboration that, justifiably, is asked for them.
2-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to entities
private persons who develop relevant activity in the context of contractual relationship
with the Portuguese State in the framework of the tasks of the Secretary-General, of the SIED and
of the SIS.
3-About the Armed Forces and on the body responsible for the production of
military information, impending special duty of collaboration that obliges us, in the
terms of the guidelines set out by the competent entities, to be provided to the SIED, the
request from this, the news and the elements of information that they have
knowledge, directly or indirectly related to the safeguarding of the
national independence, national interests and the external security of the State
8
Portuguese.
4-On the security forces and services provided for in the internal security legislation,
impending special duty of collaboration that obliges them, in the terms of the guidelines
defined by the competent entities, to be provided to the SIS, at the request of this, the news
and the information elements of which they have knowledge, direct or
indirectly related to internal security and the prevention of sabotage,
of terrorism, espionage and the practice of acts which, by their nature, can
change or destroy the constitutionally established rule of law.
Article 11.
Duty of cooperation
1-The Secretary-General cooperates with the entities that are indicated to him, in the terms
of the guidelines set out by the Prime Minister, heard the Superior Council of
Information.
2-A cooperation of SIED and SIS with other entities exercises in fulfillment
of the instructions and dimanded directives of the Secretary-General, according to the
guidelines set out by the Prime Minister, heard the Higher Council of
Information.
3-In the framework of the international commitments made by the Portuguese State and
within the limits of its specific assignments, the SIED and the SIS may, in the
conditions referred to in the preceding paragraph, cooperate with counterparts bodies
foreigners, in all areas of their respective activities.
Article 12.
Identification and registration
1-For reasons of convenience of service and security, to employees and agents
of SIED and SIS to perform functions in operational departments may be
encoded the respective identity and category and can provide for the issuance of
legal documents of alternative identity, upon protocol to be concluded between the
Secretary-General and the responsible public entities.
2-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to the means
9
materials and equipment used by officials and agents of SIED and SIS,
particularly operational service vibrations.
CHAPTER II
From the Secretary-General
Section I
Competences and Office of the Secretary-General
Article 13.
Competence of the Secretary-General
1-Compete to the Secretary-General, pursuant to the Framework Act and too much legislation of the
SIRP:
a) Carry out the determinations of the Prime Minister and the deliberations of the organs
of supervision;
b) Guiding the strategic planning of SIED and SIS;
c) Driving, in accordance with the general guidelines set out by the Prime Minister,
the international relations of the SIRP;
d) Drive the activity of the data centres of the SIED and the SIS;
e) Regular, upon graded dispatch, in the case of SIED and SIS under
proposal of the respective directors, the internal organisation, the composition and the
competence of the services of the SIED, the SIS and the common structures;
f) Chairing the advisory board of the SIRP;
g) Chairing the administrative boards;
h) Authorize, without prejudice to the own powers of the councils
administrative of the SIED and the SIS, the carrying out of expenses of its Cabinet,
of the SIED, the SIS and the common structures, up to the ceiling legally
established for the cases of delegation of competence in Secretary of
State;
i) Nominate and exonerate, on a proposal from the respective directors, the Directors-
adjoining of SIED and SIS and, unless otherwise provided, the remaining
leaders and too many personnel;
10
j) To appoint and exonerate the leaders and too many personnel of the common structures;
l) Determine, on a proposal from the directors of the information services, to
cessation, at all time and for mere convenience of service, of the bond
functional of the staff of the SIED and the SIS;
m) Determine the cessation, at all time and for mere convenience of service, of the
functional linkage of the personnel of the common structures;
n) Exercising the disciplinary competence over officials and agents who are
organic and functionally subordinate;
o) Approve, on a proposal from the directors of the SIED and the SIS, internal regulations
relating to subjects provided for in the legislation of the SIRP, in particular in
matter of training, evaluation and other indispensable to the proper functioning
of the services, save where the present law disposes differently;
p) Practise the acts provided for by the regulations referred to in the preceding paragraph;
q) Determine the means of identification of the members of your Cabinet and of the
officials and agents of SIED, SIS and common structures;
r) Authorize, on a proposal from the directors of the SIED, the SIS or the structures
common, the displacements of officials and agents in service to the foreigner;
s) Approve, on a proposal from the respective directors, the annual reports of the SIED
and the SIS;
t) Issue orders and instructions in the remaining subjects referred to in the law.
2-The Secretary-General may, upon reasoned dispatch, determine the dispensation,
total or partial, of the formalities laid down in the general law for the realization of expenditure
referred to in point (a) h) of the preceding paragraph and those of the competence
own from the administrative boards of the SIED and the SIS, whenever reasons for
security or related to the specifics of your Office, of the SIED, of the SIS
or of the common structures justifies it.
Article 14.
Office of the Secretary-General
1-The Secretary-General has Cabinet, to which it applies, pursuant to the Framework Act
of the SIRP, the legal regime of the ministerial offices.
2-To the head of the Cabinet competes in the coordination of the Cabinet, the remaining competences
11
established in the regime of offices and the exercise of those delegated to it.
Section II
SIRP advisory board
Article 15.
Composition of the SIRP advisory board
1-The advisory board of the SIRP is a consultation body of the Secretary-General.
2-Are members of the advisory board of the SIRP within the scope of the SIED assignments:
a) The Director General of National Defence Policy of the Ministry of Defence
National;
b) The Director General for Foreign Policy of the Ministry of Foreign Affairs;
c) The responsible for the military information body.
3-Are members of the advisory board of the SIRP within the scope of the tasks of the SIS:
a) The Commander-in-Chief of the Republican National Guard;
b) The National Director of the Public Security Police;
c) The National Director of the Police Judiciary;
d) The Director-General of the Office of Foreign and Border Affairs.
4-Participate in the advisory board of the SIRP, regardless of the scope of its
meeting, the Directors and the Directors-adjoining of the SIED and the SIS.
5-By determination of the Secretary-General, they may participate in the meetings of the council
advisory of SIRP representatives of other entities whose comparency shows
indispensable to the pursuit of their assignments.
6-The advisory board of the SIRP gathers upon convocation by the Secretary-General,
where necessary, with all or some of its members, depending on
nature of the subjects to be dealt with.
7-Whenever the Secretary-General considers it necessary, the advisory board of the
SIRP meets in a permanent way, and its members may make themselves represent.
8-The Secretary-General shall compete to approve, by dispatching, heard the entities referred to
in paragraphs 2 and 3, the operating standards of the advisory board of the SIRP.
9-The secretariat of the advisory board of the SIRP is secured by the Office of the
Secretary-General.
12
Article 16.
Competence of the SIRP advisory board
It is incumbent on the advisory board of the SIRP:
a) Advising the Secretary-General, with regard to the safeguarding of independence
national, national interests, external security and security
internal, in the making of decisions relating to the exercise of their competences,
particularly as to the articulation of the SIRP with the armed forces,
organisms of military information, bodies responsible for the policy of
defence, foreign policy and forces and security services;
b) Advising the Secretary-General on the adoption of appropriate measures to
centralization, exploitation and use of all information that interest the
pursuit of the legally committed goals of the SIRP bodies;
c) Pronounce on any other matters that are submitted to you in the
scope of the remit of the SIED and the SIS.
Section III
Common structures
Article 17.
Common structures
1-Within the framework of the common structures provided for in the SIRP Framework Act to be shared
by the information services, common departments of support are set up
institutional activities of SIED and SIS.
2-Are common departments:
a) The common department of human resources;
b) The common department of finance and general support;
c) The common department of information technologies;
d) The common department of security.
13
Article 18.
Organization of common structures
1-Common structures are organic units of service direction level.
2-Each department of the common structures has a department director, post
of intermediate direction of 1. degree, appointed in commission of service by the
Secretary-General.
3-By order of the Secretary-General, in the departments of the common structures, they may
be created areas, organic units of division level, up to a maximum limit
defined by the office of the Prime Minister, headed by area directors, posts
of intermediate direction of 2. degree.
Article 19.
Common department of human resources
1-To the common department of human resources lies the development of
activities as to recruitment, selection, training, career management and
documentary treatment.
2-To the common department of human resources competes, specifically,
ensure:
a) The recruitment, selection and provement of personnel;
b) The management of careers, including promotion and progression;
c) The initial and continuous training, internal and external, of the officials and agents,
including mandatory cariz training and training exchange;
d) Psychological support and consultancy for employees and agents;
e) The management of the library, mediateca and too many stock organisations
documentary and the documentary treatment.
Article 20.
Common department of finance and general support
1-To the common department of finance and general support lies the development of
14
activities as to personnel management and administration, financial management and control
budget, heritage administration and instrumental support.
2-To the common department of finance and general support compete, specifically,
ensure:
a) The processing of remunerations, allowances and discounts;
b) The maintenance and updating of staff cadres, enrollment and registration
biographical of the herds;
c) The procedures relating to the supply of goods and services;
d) The support for the preparation and implementation of the activities plans, management
budget and treasury and the submission of reports and required documentation
by the legislation in force;
e) The administration of real estate and furnishing;
f) The monitoring of budget implementation and the legality of the expenditure;
g) The elaboration of the social balance sheet, under the applicable law;
h) Other actions and procedures relating to management and administration
financial, equity and the staff.
3-To the director of the common department of finance and general support compete to prepare the
drawing up of the annual budget of the Office of the Secretary-General and the structures
common and support the drafting of the SIED and SIS budgets, as well as the
respective changes.
Article 21.
Common department of information technologies
1-To the common department of information technologies lies the
development of activities as to the management and maintenance of the means
computer, communications and their networks and technical support to the systems of
secure communications and data centres.
2-To the common department of information technologies competes, specifically,
ensure:
a) The maintenance and development of the physical and logical structures of the system
informatics;
b) The technical support for users in the operation, management and maintenance of the
15
equipment and networks;
c) The management of telephone exchanges and other voice and fax systems;
d) Technical support for the operation of secure communications, including with
other domestic and foreign services and institutions;
e) The normalization of normative procedures in seat of security
informatics;
f) The technical support for the data centres of the information services and the
common department of security in the pursuit of their respective assignments
of internal audit;
g) Other actions and procedures relating to information technologies and
communications.
Article 22.
Common department of security
1-The common department of security is incumbent on the development of activities
how much the safety of personnel, physics and classified matters.
2-To the common department of security shall compete, specifically, to ensure:
a) The normalization of normative procedures in physical security headquarters,
documentary and personnel;
b) Compliance with the safety standards in force, with possible recourse to
technical support provided by other services;
c) The detection of vulnerabilities in the scope of personnel security, physics and
classified subjects.
Section IV
Financial management of the Office of the Secretary-General and the common structures
Article 23.
Administrative Council of SIRP
1-The administrative board of the SIRP shall be composed of the Secretary-General, who chairs,
by the head of the Cabinet and the director of the common department of finance and support
16
general.
2-To the administrative board of the SIRP compete:
a) The administration of budgetary allocations and the provision of the respective
accounts;
b) The approval of the management account to be submitted to the Court of Auditors;
c) The fixation of the kept-in-box maneio funds to cope with
expenses that should be immediately settled;
d) The definition of the budget management rules, specifically in respect of
to expenses that can be classified and specially classified.
3-To the director of the common department of finance and general support competes,
notably, prepare for the drafting of the annual budget and its amendments, in
compliance with the guidelines of the Secretary-General.
4-In the event of an absence or hindrance, the Secretary-General is replaced in the
presidency of the administrative board of the SIRP by its head of the Cabinet.
Article 24.
Revenue from the Office of the Secretary-General and the common structures
1-Constituents revenue from the Office of the Secretary-General and the common structures:
a) The budgetary allocations allocated by the State Budget;
b) The management balances;
c) Other recipes that by law are assigned to it.
2-In the State Budget are specified the overall appropriations allocated to the
Secretary-General.
3-The budgetary allocations referred to in the preceding paragraphs refer to the Cabinet
of the Secretary-General and the common structures.
Article 25.
Expenditure of the Office of the Secretary-General and the common structures
1-The expenses of the Office of the Secretary-General and the common structures divide
in normal, classified and specially classified.
2-The normal, classified and specially classified expenses, to be enrolled by
17
account of the overall allocations contemplated in the budget of the Cabinet Secretary-
General and the common structures, pursuant to the Budget Framework Act
of the State, are defined by order of the Secretary-General.
3-The rated and specially classified expenses are waived from
prior supervision of the Court of Auditors and, in whole or in part, of the remaining
formalities and are justified and prosecuted by simple council document
administrative, signed by two of its members, one of whom is the Chairman.
4-In the import or acquisition of viactures, safety equipment,
telecommunications, electronics, laboratory, weaponry, ammunition and other
also used for security purposes, intended for the Office of the Secretary-
General or the common structures, can the member of the government responsible for the area
of the Finance, under the law, to grant exemption from tributes, fees and emoluments.
CHAPTER III
From SIED
Section I
Mission and purposes
Article 26.
SED attributions
It is up to the SIED, within the framework of its specific assignments, to promote, by way of
systematic, the research, the analysis and the processing of news and the diffusion and file of the
information produced, owing in particular to:
a) To accrate the technical and human means that it has been gifted to
production of information, developing its activity in accordance with the
guidelines set by the Prime Minister and in the context of the instructions and
dimanded directives of the Secretary-General;
b) Elaborate the studies and prepare the documents that are determined to you;
c) Disseminate the information produced, in a punctual and systematic way, to the
entities that are indicated to it;
d) Communicating to competent entities for criminal investigation and for the
18
exercise of criminal action the configurable facts as criminal ilocytes,
safeguarded what in the law has been available to state secrecy;
e) Communicate to the competent entities, in the terms of the law, the news and
information that you have knowledge and relating to the security of the State and
to the prevention and repression of crime.
Section II
Bodies, services and leaders of the SIED
Article 27.
SIED organs and services
1-Are organs of the SIED:
a) The Director;
b) The administrative board.
2-In addition to the data centre, which works under the SIRP Framework Act and the
precepted in this Law, may be created, by order of the Secretary-General,
up to six operational departments, steering-level organic units of
services as well as areas, organic units of division level, up to a limit
maximum defined by the Prime Minister's porterie.
3-By order of the Secretary-General, preceded by consultation with the member of the Government
responsible for the area of Foreign Affairs, may be constituted
representations of the SIED abroad, whose organisation and activity are established
in own regulation.
4-The places in the representations of the SIED abroad are provided by dispatching the
Secretary-General, on a proposal from the Director, and the choice should be given in individuals
of the superior technical career of information from the SIED or the SIS, or of recognized
civic idoneity, high professional competence, enabled with graduation or
who possess valid experience for the performance of the duties.
5-The persons named in the terms of the preceding paragraph retain the right to the place in the
source service, also safeguarding the rights of promotion and
progression.
6-The remunerative status, the cost aids and too many allowances of the staff of the
19
representations of the SIED provided for in the preceding paragraphs are set upon
joint dispatch of the Prime Minister and the member of the government responsible for the
area of Finance.
Article 28.
Director of SIED
1-The SIED is directed by a director, who is the guarantor of its regular functioning and
the responsible for maintaining the fidelity of its performance to the purposes and to the
legal objectives, in the framework of the instructions and dimanded directives of the Secretary-
General.
2-Compete, in particular, to the Director of the SIED:
a) Represent the SIED;
b) Participate in the administrative council;
c) Issue the work orders and the instructions that judge convenient, in scope
of the tasks legally committed to the SIED;
d) Submit to the approval to tutelate all the acts that it lacks;
e) Carry out the determinations of the Prime Minister and the Secretary-General and the
deliberations of the supervisory bodies defined by the SIRP Framework Act;
f) To exercise the disciplinary power, within the limits that the law determines;
g) To draw up the annual report of SIED activities.
3-The Director shall be coadjured by the Deputy Director, who replaces him in his absences and
impediments.
Article 29.
Leaders of the SIED
The leading staff of the SIED covers the following categories:
a) Director, top management position of 1. degree;
b) Deputy director, top management position of 2. degree;
c) Director of department, post of interim direction of 1. degree;
d) Area director, interim direction of 2. degree.
20
Section III
Financial management of SIED
Article 30.
SIED administrative council
1-The administrative board of the SIED shall be composed of the Secretary-General, who chairs and
holds a vote of quality, the director and deputy director of the SIED and the
director of the common department of finance and general support.
2-To the administrative board of the SIED compete:
a) The administration of budgetary allocations and the provision of the respective
accounts;
b) The approval of the management account to be submitted to the Court of Auditors;
c) The fixation of the kept-in-box maneio funds to cope with
expenses that should be immediately settled;
d) The definition of the budget management rules, specifically in respect of
to expenses that can be classified and specially classified.
3-To the director of the common department of finance and general support competes,
notably, support the drafting of the annual budget and its amendments, in
compliance with the guidelines of the Secretary-General.
4-In the absences and impediments of the Secretary-General, the Director of the SIED presides over the
administrative board of the SIED, and the Secretary-General may make himself represent
by element of the Cabinet per se indicated.
Article 31.
Revenue from SIED
1-Constitutions revenue of the SIED:
a) The budgetary allocations allocated by the State Budget;
b) The management balances;
c) Other recipes that by law are assigned to it.
2-In the State Budget, the overall appropriations allocated to the SIED are specified.
21
Article 32.
SIED expenses
1-The expenses of the SIED are divided into normal, classified and especially
sorted.
2-The normal, classified and specially classified expenses, to be enrolled by
account of the overall allocations contemplated in the SIED budget, pursuant to the Act
Framework of the State Budget, are defined by dispatching the
Secretary-General.
3-The rated and specially classified expenses are waived from
prior supervision of the Court of Auditors and, in whole or in part, of the remaining
formalities and are justified and prosecuted by simple council document
administrative, signed by two of its members, one of whom is the Director of the
SIED.
4-In the import or acquisition of viactures, safety equipment,
telecommunications, electronics, laboratory, weaponry, ammunition and other
also used for security purposes, intended for the SIED, may the member
of the government responsible for the area of Finance, under the law, grant exemption
of the tributes, fees and emoluments.
CHAPTER IV
From SIS
Section I
Mission and purposes
Article 33.
Tasks of the SIS
It is up to SIS, within the framework of its specific assignments, to promote, by way of
systematic, the research, the analysis and the processing of news and the diffusion and file of the
information produced, owing in particular to:
22
a) To accrate the technical and human means that it has been gifted to
production of information, developing its activity in accordance with the
guidelines set by the Prime Minister and in the context of the instructions and
dimanded directives of the Secretary-General;
b) Elaborate the studies and prepare the documents that are determined to you;
c) Disseminate the information produced, in a punctual and systematic way, to the
entities that are indicated to it;
d) Communicating to competent entities for criminal investigation and for the
exercise of criminal action the configurable facts as criminal ilocytes,
safeguarded what in the law has been available to state secrecy;
e) Communicate to the competent entities, in the terms of the law, the news and
information that you have knowledge of and relating to internal security and to
prevention and repression of crime.
Article 34.
Territorial scope of performance of SIS
The territorial competence of the SIS coincides with the space subject to the sovereign powers
of the Portuguese State.
Section II
Bodies, services and leaders of the SIS
Article 35.
SIS bodies and services
1-Are organs of the SIS:
a) The Director;
b) The administrative board.
2-In addition to the data centre, which works under the SIRP Framework Act and the
precepted in this Law, may be created, by order of the Secretary-General,
up to six operational departments, steering-level organic units of
services as well as areas, organic units of division level, up to a limit
23
maximum defined by the Prime Minister's porterie.
3-By porterie of the Prime Minister and the member of the government responsible for the area
of the Finance, regional directions and delegations of the SIS may be set up,
consisting of nuclei of elements belonging to the operational services and the
of administrative support, with structures appropriate to the specific purposes taken
in view.
Article 36.
Director of SIS
1-The SIS is directed by a director, who is the guarantor of its regular functioning and the
responsible for the maintenance of the fidelity of its performance to the purposes and to the
legal objectives, in the framework of the instructions and dimanded directives of the Secretary-
General.
2-Compete, in particular, to the Director of SIS:
a) Represent the SIS;
b) Participate in the administrative council;
c) Issue the work orders and the instructions that judge convenient, in scope
of the tasks legally committed to SIS;
d) Submit to the approval to tutelate all the acts that it lacks;
e) Carry out the determinations of the Prime Minister and the Secretary-General, and the
deliberations of the supervisory bodies defined by the SIRP Framework Act;
f) To exercise the disciplinary power, within the limits that the law determines;
g) To draw up the annual report of activities of the SIS.
3-The Director shall be coadjured by the Deputy Director, who replaces him in his absences and
impediments.
Article 37.
Leaders of the SIS
The governing staff of the SIS covers the following categories:
a) Director, top management position of 1. degree;
b) Deputy director, top management position of 2. degree;
24
c) Director of department, post of interim direction of 1. degree;
d) Area director, interim direction of 2. degree.
Section III
Financial management of SIS
Article 38.
SIS administrative council
1-The administrative council of the SIS shall be composed of the Secretary-General, who chairs and
holds a vote of quality, the director and deputy director of SIS and the director
of the common department of finance and general support.
2-To the administrative board of the SIS compete:
a) The administration of budgetary allocations and the provision of the respective bills;
b) The approval of the management account to be submitted to the Court of Auditors;
c) The fixation of the kept-in-box maneio funds to cope with
expenses that should be immediately settled;
d) The definition of the budget management rules, specifically with regard to the
expenses that can be classified and specially classified.
3-To the director of the common department of finance and general support competes,
notably, support the drafting of the annual budget and its amendments, in
compliance with the guidelines of the Secretary-General.
4-In the absences and impediments of the Secretary-General, the Director of the SIS presides over the
administrative council of the SIS, and the Secretary-General may make himself represent by
element of the Cabinet per se indicated.
Article 39.
Revenue from SIS
1-Constitutions revenue from SIS:
a) The budgetary allocations allocated by the State Budget;
b) The management balances;
c) Other recipes that by law are assigned to it.
25
2-In the State Budget, the overall allocations allocated to the SIS are specified.
Article 40.
Expenses of the SIS
1-The expenses of the SIS are divided into normal, classified and especially
sorted.
2-The normal, classified and specially classified expenses, to be enrolled by
account of the overall allocations contemplated in the SIS budget, pursuant to the Law of
Framework of the State Budget, are defined by dispatching of the Secretary-
General.
3-The rated and specially classified expenses are waived from
prior supervision of the Court of Auditors and, in whole or in part, of the remaining
formalities and are justified and prosecuted by simple council document
administrative, signed by two of its members, one of whom is the Director of the
SIS.
4-In the import or acquisition of viactures, safety equipment,
telecommunications, electronics, laboratory, weaponry, ammunition and other
also used for security purposes, intended for SIS, may the member of the
government responsible for the area of Finance, under the law, to grant exemption from the
tributes, fees and emoluments.
CHAPTER V
From the processing of personal data
Article 41.
Data centres
1-Each of the information services has a data centre for the purpose of
pursuit of their respective assignments, to which they compete to process and conserve in
magnetic file or other the data and information collected and treated.
2-Each of the data centres functions under the guidance of the Secretary-General,
through the respective director, intermediate leader of 1. degree, appointed and
26
exonerated by the Prime Minister, on a proposal from the Secretary-General.
3-The service commissions of the leaders referred to in the preceding paragraph have the duration
of three years and consider themselves automatically renewed if, up to 30 days prior to your
term, the entity with competence for exoneration or the person concerned shall not have
manifested expressly the intention to make them cease, without there being any place at the
payment of any compensation.
4-Without prejudice to the provisions of the preceding paragraph, the service commissions may be
given by finess at all time, for convenience of service, without prior notice and
without there being any place for any compensation.
5-Directors of data centres are responsible for the processing of the data
personal in the terms of the law.
Article 42.
Direction and operation
The criteria and technical standards required for the operation of data centres, well
as the indispensable regulations to ensure the security of information
processed, are drawn up and acquire enforceability under the terms of Articles 23 and
24. of the SIRP Framework Act.
Article 43.
Access to data
1-Without prejudice to the provisions of the SIRP Framework Act on surveillance and access of the
Secretary-General, through the director of data centres, no entity
strange to SIED or to SIS may have direct access to data and information
conserved in the respective data centres.
2-By order of the Prime Minister, heard the Supervisory board of the SIRP,
are defined as the conditions under which informative elements kept in the centres
of SIED and SIS data may be provided to the bodies and services provided in the
SIRP Framework Law and internal security legislation.
3-The access of SIED and SIS employees and agents to data and information
conserved in data centres is regulated by dispatching the Secretary-General.
27
4-The employee or agent who access, try to access, communicate or make use of the data
or information with violation of the provisions of the preceding paragraph is punishable by sanction
corresponding the serious disciplinary offence of functional duties, without prejudice
of the provisions of the SIRP Framework Act.
5-The right of cancellation and rectification of data is applicable the provisions of the article
27. of the SIRP Framework Act.
CHAPTER VI
From the staff
Section I
General provisions
Article 44.
Privative picture
To the staff tables of the SIED, the SIS and the common structures applies the scheme of
overall allocation and the personnel appropriations of the respective tables are approved and
amended by joint office of the Prime Minister and the members of the government
responsible for the areas of Finance and Public Administration.
Article 45.
Functional link
1-The places of the SIED staff tables, SIS and the common structures are
provids exclusively by administrative contract of provement or in regime
of service commission when it deals with employees, agents, others
workers of the Public Administration, judicial magistrates or the Ministry
Public, of diplomats, military or personnel requisitioned to public companies,
participates or dealerships of public services.
2-Service commissions have the duration of three years and consider themselves
automatically renewed if, up to 30 days prior to its term, the entity with
competence for exoneration or the person concerned have not expressed
28
expressly the intention to make them cease, without there being any place for payment of
any compensation.
3-A appointment of employee in service commission scheme competes in the
Secretary-General, obtained the annuence of the maximum governing body of the service of
origin.
4-When the designation falls in judicial magistrate or the Public Prosecutor's Office,
diplomat, military or civil servant of the Armed Forces, respect the
respective statutory laws.
5-A appointment in an employee service commission to perform duties in the SIED,
in the SIS or the common structures, determines the opening of vacancy in the frame of origin,
staying safeguarded all the rights inherent in their previous posts or
functions, specifically for the purpose of promotion and progression.
6-The contracts referred to in paragraph 1 shall be the competence of the Secretary-General and valid
for two years, considering tacit and successively renovated.
Article 46.
Start of functions and functional uniqueness
1-The personnel assigned to provide service at the Office of the Secretary-General, in the SIED,
in the SIS or in the common structures considers themselves in service as of the date of the
dispatch of his or her appointment or of the date that is mentioned therein.
2-The dispatches of appointment and exoneration do not lack publication in the Journal of the
Republic .
3-The staff and agents of the SIED, the SIS and the common structures cannot
engage in any other professional, public or private activity, paid or
free of charge, save, in the cases of the SIED and the SIS, upon prior permission of the
respective directors and, in the common structures, of the Secretary-General, in the event of
lecturer or research activity or other activities that do not collide with the
interests of the services.
29
Article 47.
Permanent service
1-The service at the Office of the Secretary-General, in the SIED, in the SIS and the structures
common requires full availability and is permanent and mandatory, not being subject
to strict work schedules.
2-The members of the Cabinet of the Secretary-General and the staff and agents of the SIED,
of SIS and common structures comply with the orders dimanded by the Secretary-General
or by the directors of the SIED, SIS or by the director of the common department at
cause, respectively, may not refuse, without justified reason, to
attend or to stay in the service beyond the normal period of work or
to perform any service mission, as long as it is compatible with its
functional categories.
3-A The provision of extraordinary service does not imply any specific remuneration.
Article 48.
Shifts
The provision of service in a continuing manner in regime of shifts is remunerated, by
dispatch of the Secretary-General, in accordance with the general scheme.
Article 49.
Cessation of functional bond
1-The Secretary-General may, upon proposal of the Directors of the SIED or the SIS, at
at any time and for mere convenience of service, to make a cessation of the commission of
service of any employee or rescind or change the administrative contract,
upon request from the respective director, from any agent of the SIED or the SIS.
2-A simple invocation of the convenience of service constitutes valid reasons and
sufficient for the decision on the termination of the service commission, considering
as a fair cause for the termination of the contract, presumed, when another
statement of reasons is not expressly stated that the invocation of the convenience of
30
service is always substantiated in the functional inadaptation of the employee or agent
face to the institutional specificity of the service in question.
3-A The termination of the service commission may be made without notice and does not give way to
any compensation and termination or alteration of the administrative contract may
to be done without notice, giving way to compensation in the general terms.
4-The provisions of the preceding paragraphs shall apply to the employees and agents of the
common structures, upon decision of the Secretary-General.
5-Upon termination of the service commission, the employee has a right to be
integrated into the frame of origin personnel or in place of the service framework or
body to where the respective assignments have been transferred and
competencies, in accordance with the following rules:
a) If the service commission ceases before decorating five years, in the category
that the employee owns in the home service;
b) If the service commission extends for a period of more than five years the
employee may opt for integration in category and ranking equivalent to the
having in the SIED, the SIS or the common structure in question, except
leading staff.
6-In the staff tables of the home services are created the necessary places
for execution of the set out in the points a) and b) of the previous number, which are
extinct as they wander.
7-A The creation of the places referred to in the preceding paragraph is made by dispatching set of the
Prime Minister and the members of the government responsible for the area of Finance and
of the tutelage, producing effects from the dates on which they cease the commissions of
service in the SIED, the SIS or the common structures, of the employees to which the
seats are intended.
Article 50.
Acquisition of link to the State
1-When to complete six years of uninterrupted service, the agent propped up by contract
administrative or the leader in service commission in the SIED, the SIS or the
common structures automatically acquires definitive linkage to the State.
2-Before the period referred to in the preceding paragraph, the Directors of the SIED, of the
31
SIS and the Secretary-General in the case of common structures pronounces on the
aptitude and suitability of the agent, the omission of such opinion being that the omission of such opinion shall not preclude
provisions of the previous number.
3-Acquired the bond to the State pursuant to the preceding paragraph, the cessation of
service commission in a governing office determines the integration of the employee in the
career of the service or of the common structure in which you have exercised functions and in the category and
level corresponding to the time of service provided.
4-If the personnel who have acquired definite link to the State, pursuant to paragraph 1,
come to be removed from the duties for the reason given in paragraph 1 of the preceding article or
intend to cease functions, is integrated into the personnel framework of the General Secretariat of the
Presidency of the Council of Ministers, in a category equivalent to that which it has in the
service and the step in which you find yourself positioned.
5-In the framework of staff of the General Secretariat of the Presidency of the Council of Ministers
are created the places required for execution of the established in the number
previous, which are extinguished as they wander.
6-A The creation of the seats referred to in the preceding paragraph shall be made by dispatching set of the
Prime Minister, of the member of the government responsible for the area of Finance and the
member of the Government who has held its post the Public Administration, producing
effects from the dates on which the agents for whom they are intended for places
cease functions in the service concerned.
Section II
Rights and duties
Article 51.
General regime
1-The members of the Secretary-General's Office and the staff and agents of the SIED
and of the SIS and the common structures subordinate all professional activity to the
objectives and institutional purposes of the SIRP and develop their performance in the
respect for the fundamental principles and norms set out in the SIRP Framework Act
and too much applicable legislation.
2-Without prejudice to the provisions of this Law, the members of the Cabinet of the Secretary-
32
General and the staff and agents of the SIED, SIS and the common structures have the
rights and are subject to the duties and incompatibilities common to the general regime
of the officials and agents of the Public Administration.
Article 52.
Place of residence
1-The members of the Cabinet of the Secretary-General and the staff and agents of the SIED,
of the SIS and the common structures must reside in locality located within the limit
of 50 km of the place where they carry out their duties, and may reside in another
locality, as long as there is no break of permanent availability for the service
and upon dispatch of authorization from the Secretary-General.
2-A installation, by necessity of service, outside the area of the usual residence of the
employee or agent of SIED, SIS or common structures, confers right to:
a) In national territory, to the dispensation of service for a period of 8 days, to
installation, and to a quantitative allowance equal to 30 days of cost aid if
the transfer ensued on the mainland to locality away from the headquarters more
from 50 km, or from 60 days if it is from the mainland to the autonomous regions, between
these, or of these for the continent;
b) Abroad, to the dispensation of service for a period of 15 days, to
installation, and to a quantitative allowance equal to 90 days of cost aid;
c) To the payment of transport expenses of the members of your household
family, considering for this effect the spouse or de facto united, the
minor children and any relatives in the straight line who are exclusively
the office of the employee or agent.
3-By order of the Secretary-General and upon proposal by the Director of the SIED or the
SIS or the department directors of the common structures, is approved the
regulation of placements and personnel displacements.
4-In cases of the b) of paragraph 2 may still be defined by dispatching of the Secretary-
General an additional amount to be allocated given the particular fate of the
travel, with maximum limit defined by joint order of the General Secretary
and of the member of the government responsible for the area of Finance.
33
Article 53.
Housing
1-The Secretary-General, the Chief of the Cabinet, the Directors and the Directors-Deputy of the
SIED and the SIS are entitled, as long as they exercise the office, the house furnished for their
housing, or the compensation allowance to be fixed by the Prime Minister and the
a member of the government responsible for the area of Finance.
2-In cases where there is a place of travel, the Secretary-General may set the allowance
of installation appropriate to the expenses actually carried out by members of their
Cabinet, as well as staff and agents of SIED, SIS and structures
common, with maximum limit defined by dispatching of the General Secretary and the
a member of the government responsible for the area of Finance.
Article 54.
Remuneration
1-The right to remuneration is the beginning of the exercise of duties.
2-In cases where the effective initiation of functions is preceded by a period of
apprenticeship or internship, the right to remuneration is with the respective
start and have as index the fixed for the respective stage category or, not
going on, for the ticket.
3-A monthly base remuneration of the members of the Secretary-General's Office appears
of the remunerative scheme applicable to members of the ministerial offices.
4-A monthly base remuneration of the SIED and SIS leadership posts is established
in supplementary diploma.
5-The Directors and Directors-adjoining of SIED and SIS is assigned an allowance
monthly for representation expenses, to be fixed by dispatching the Prime Minister and
of the member of the government responsible for the area of Finance, upstream no
greater than 20% of the base remuneration.
6-The applicable indictional scales in the careers that integrate the special bodies of the
SIED, the SIS and the common structures are established in a supplementary diploma.
7-The value of the index 100 applicable to the careers referred to in the preceding paragraph is
fixed by joint dispatch of the Prime Minister and the members of the government
34
responsible for the areas of Finance and Public Administration.
Article 55.
Suplement the
1-Pelos specific burden of their respective functions, specifically the greatest wear
whether physical and the risk, the Secretary-General, the members of his Cabinet and the
officials and agents of SIED, SIS and common structures are entitled to a
supplement whose quantitative is graded depending on the concrete conditions of
work.
2-The supplement referred to in the preceding paragraph shall be fixed by joint order of the
Prime Minister and the members of the government responsible for the areas of Finance
and of the Public Administration.
3-The supplement is considered to be maturity and in this integrated, specifically
for the purpose of calculation of holiday and Christmas allowances and retirement pension
or reform, under the applicable legislation.
Article 56.
Cost aid and allowance for transport expenses
1-Where members of the Office of the Secretary-General and officials and agents of the
SIED, of the SIS or of the common structures loosed into service, are entitled to
daily cost aids and allowance for transportation expenses, under the law
general.
2-If, for reasons of service, the expenses actually carried out by the people
referred to in the preceding paragraph shall exceed the amount of the established cost aid
in general law, it is abated to the difference considered justified by the council
administrative, with maximum limit defined by dispatching of the General Secretary and the
a member of the government responsible for the area of Finance.
35
Article 57.
Option of remuneration
The Secretary-General, the members of his Cabinet and the staff of the SIED, of the SIS and
of the common structures already linked to the tables and bodies of the Administration
Public, the judicial magistrate or the Public Prosecutor's Office, the Armed Forces and the
forces and security services may opt for the remunerative status of origin,
without prejudice to the specific supplements assigned to the staff of the SIED and
of the SIS.
Article 58.
Accident in service and occupational disease
1-The members of the Cabinet of the Secretary-General and the staff and agents of the SIED,
of the SIS and of the common structures, when accident victims occurred in the
performance of duties, are entitled to the totality of remunerations, supplements and
allowances stipulated in this Law as long as they remain in treatment and
convalescence.
2-If, in the performance of their duties, the persons referred to in the preceding paragraph become
incapacitated is applicable, depending on the cases, the current legislation for the elements
of the Armed Forces or the security forces.
3-By joint dispatch of the Prime Minister and the member of the government responsible
by the area of Finance, the payment of the insurance premium may be authorised
life to the persons referred to in paragraph 1 and, for those who have their post the driving
of invoices serving the Office of the Secretary-General, the SIED, the SIS or the
common structures, from the fleet insurance premium.
Article 59.
Promotion and progression
1-According to evaluation factors to be defined in supplementary diploma, the staff
appointed in service commission and the contracted staff may be propped up in
top category, by subjecting the specific training action and concourse
36
documentary, after fulfillment of the time modules set for the purpose.
2-A progression in the career of SIED staff, SIS and common structures
obeys the established in supplementary diploma.
Article 60.
Use and possession of a weapon
The right to use and possession of weapon by SIED employees and agents of the SIS and the
common security department is regulated by joint dispatch of the member of the
government responsible for the area of the Internal Administration and the Secretary-General.
SECTION III
Recruitment and selection of staff
Article 61.
Personal and managerial staff
1-The places of director of the SIED and the SIS are provided by dispatching of the First-
Minister, listened to the Secretary-General, and the choice should be given in individuals of
recognised civic idoneity, high professional competence, enabled with
degree and who possess valid experience for the performance of the duties.
2-The places of Deputy Director of the SIED and the SIS are provided by dispatching the
Secretary-General, on a proposal from the Director, and the choice should be given in individuals
of recognized civic idoneity, high professional competence, enabled
with an undergraduate degree and who possess valid experience for the performance of the duties.
3-The remaining personal staff of the SIED and the SIS is propped up by dispatching of the Secretary-
General, on a proposal from the directors of the SIED and the SIS, and the choice should be given in
individuals from the superior technical career of information or from recognized idoneity
civic, high professional competence, enabled with graduation or that
possess valid experience for the performance of the duties.
4-The governing staff of the common structures are propped up by dispatching of the Secretary-
General, owing the choice to fall in individuals from the superior technical career of support
to the activity of information or of recognised civic idoneity, elevated
37
professional competence, enabled with graduation or who possess experience
valid for the exercise of duties.
5-The places of director, deputy director and too many personal staff of the SIED, of the SIS
and of the common structures are provided in a service commission scheme with the
duration of three years, which consider themselves to be automatically renewed if, up to 30 days
prior to its term, the entity with competence for exoneration or the interested
have not expressly expressed the intention to make them cease, without there being
place for the payment of any compensation.
6-Without prejudice to the provisions of the preceding paragraph, the service commissions may be
given by finess at all time, for convenience of service, without prior notice and
without there being any place for any compensation.
7-After three years of continued exercise of duties in a particular department or
area, the department and area directors of the SIED and the SIS, and the Directors of
department and area of common structures can, in obedience to a regime
of turnover, be appointed by dispatch of the Secretary-General for other duties
in department or diverse area.
8-The staff and agents of the SIED, the SIS and the common structures appointed
leaders of any of the common services or structures retain the right to the place in the
source service, also safeguarding the rights of promotion and
progression.
Article 62.
From the other staff
1-Are indispensable conditions for recruitment to any place in the frame
deprivation of SIED, SIS, or common structures to be recognized idoneity
civic, high professional competence and valid experience for the exercise
of the functions, to be assessed on the basis of the respective curricula.
2-In the period of internship it is given specific training for all careers in
terms to be defined by order of the Secretary-General, being the achievement of
harnessing ingress condition.
3-The recruitment of the personnel of the superior technical career of information is made of
between individuals enabled with an appropriate degree or who possess
38
a professional résumé revealing special skills for the exercise of
functions in the SIED, the SIS or the common structures, attested by dispatch of the
Secretary-General, provided that they possess the category of adjunct coach, level 5, of the
technical-professional career of information, and at least 18 years of career.
4-The recruitment of the staff of the technical-professional career of information is made of
between individuals enabled with the 12. th year or equivalent.
5-The recruitment of the personnel of the career high technical support of the activity of
information is made from among individuals enabled with outstanding degree
appropriate to the exercise of functions in the areas of support for the activity of information.
6-The recruitment of technical career personnel-professional support for the activity of
information is made from among individuals enabled with technological course or
equivalent.
7-The recruitment of auxiliary and worker career personnel is made up of among individuals
enabled with compulsory education.
8-The top technical and technical-professional staff may be required to
written and spoken of at least two foreign languages and the driving licence of
light vehicles.
9-To the remaining staff, knowledge of a foreign language and the
letter of driving of light vehicles.
Article 63.
Special requirements
1-Are special selection requirements anywhere in the deprivative picture of the
SIED, of the SIS or of the common structures:
a) Have Portuguese nationality;
b) Having age not less than 21 years or more than 40 years;
c) Not to be covered by the incapacities provided for in the SIRP Framework Act;
d) Possess the literary habilitations referred to in the preceding article;
e) Subjecting voluntarily and expressly to the conditions of recruitment, selection and
training that are fixed by dispatch from the Secretary-General;
f) Submit voluntarily and expressly to the duties imposed by the Framework Act
of SIRP and too much applicable legislation;
39
g) Present declaration of the heritage and income, in the terms provided for in the
law for the public control of the wealth of political officeholders.
2-The special requirement for provisioning provided for in the b) from the previous number not if
applies for recruitment to the places of official staff.
3-The statements referred to in point (s) g) of paragraph 1 are presented before the beginning
of functions and after the same and are part of the individual process of each
employee or agent, which is subject to the confidentiality regime.
Section IV
Stage, training and evaluation
Article 64.
Stage
1-Without prejudice to the requirement for conditions and requirements referred to in this Law, the
admission to SIED, SIS or common structures depends on admission to
internship, with the duration of one year, regulated by dispatch of the Secretary-General,
o which obeys the following rules:
a) The trainees who have ties to the Public Administration maintain, during
the internship, the right to the place in the source frame;
b) In the course of the internship may, at any time, be of it excluded the
trainees who do not acquire the gradual take-up or reveal no
have conditions of adaptation to the functions to which they are intended;
c) Trainees who are excluded from the internship or do not get approval
return to the place of origin or are dispensed depending on whether or not they treat themselves
of individuals linked to the State, not being due, in one and another case,
any compensation;
d) End the internship, the trainees who get approval are provident in the
career ingress category for which they were recruited;
e) The time of internship, when followed by pavement in the category of admission, is
counted, for all legal effects, as if it were provided in that
category;
f) Is applicable to trainees already linked to the State the remunerative option
40
provided for in this Law.
2-Atries the nature and specificity of the duties to be performed, can the Secretary-
General, exceptionally, dispense, in whole or in part, in the cases of the SIED and the
SIS under reasoned proposal of the respective Directors, the frequency of the internship
for admission to the careers referred to in the preceding paragraph.
3-The officials and agents who unjustifiably require the termination of duties, the
any title, before the two years of the provement referred to in the above d) from the
n. 1, they shall indemnify the service in which they find themselves by the charges occasioned
by their frequency of the internship.
Article 65.
Training
1-The common department of human resources organizes trainings,
specialisation, updating and improvement deemed appropriate for the financial year
of the functions assigned to the different categories of personnel integrating the tables
of personnel from SIED, SIS and common structures.
2-The frequency of trainings is mandatory, and may only be granted
dispensation by the Secretary-General for ponderous reason, duly justified.
3-The training actions whose achievement and approval are necessary to the
access to top category or appointment to official place are regulated
by order of the Secretary-General.
4-A frequency of the training actions and the result obtained by the recipients
constitute a requirement for admission or promotion in the frameworks of the SIED, SIS and the
common structures.
Article 66.
Performance evaluation
The performance evaluation system of SIED employees and agents of the SIS and
of the common structures is regulated by supplementary diploma.
41
Section V
Disciplinary regime
Article 67.
General provisions
1-The staff and agents of the SIED, the SIS and the common structures, any that
is its origin and form of the provement, they are, since the beginning of the exercise of
functions, subject to the discipline of the service and the disciplinary powers of the entities
that drive him and in it superintending.
2-In cases where the ascertained lines are punishable with punishments
compulsive or dismissable, the Secretary-General may, for security reasons, if the
employee or agent has been propped up in service commission, determine that the
commission is given by finda, and may order the shipment of the disciplinary proceedings to the
competent entity of the department of origin.
3-In cases referred to in the first part of the preceding paragraph, if the employee or
agent has been propped up by contract, the termination of the same must be determined.
Article 68.
Special feathers
1-Special feathers applicable to the employees and agents of the SIED, SIS and the
common structures:
a) The cessation of the commission of service;
b) The termination of the contract.
2-A The termination penalty of the service commission is applicable to all employees or
agents already linked to the Public Administration:
a) As an ancillary penalty, for any disciplinary offence punishable by punishment
equal to or greater than that of fine;
b) As a main penalty for the leaders, under the general law.
3-A penalty of termination of the contract shall apply to the employees or agents who se
they find providos by contract, for any disciplinary offence to which
42
match the sentence equal to or greater than that of inactivity.
Article 69.
Disciplinary competence
1-The Secretary-General is the only entity with competence for permanent cessation
of the functional linkage of the staff of its Cabinet, SIED, SIS and structures
common, not to have a hierarchical appeal of their decisions with regard to
disciplinary matter.
2-The directors of the SIED and the SIS have the competence to apply any penalty
discipline up to that of inactivity, inclusive.
3-The Directors of the operational departments of the SIED and the SIS, in relation to the
personnel placed on the services that they depend on, have the competence to apply the
penalty of reprimand.
4-Directors of the departments of the common structures have competence for
apply the feather of reprimand.
Article 70.
Preventive suspension
1-Whenever the presence of the employee or agent proves inconvenient for the
service or for the clearance of the truth can be preventively suspended from the
Exercise of duties, on a proposal from the instructor or the entity that institute the
process, upon dispatch of the Secretary-General, without loss of salary and of
category, by the time limit of 90 days, extended by equal period, up to the decision of the
process.
2-A preventive suspension only has no place if the offence denounced is punishable by
penalty of reprimand or fine.
CHAPTER VII
Final and transitional provisions
43
Article 71.
Social services and health subsystem
1-The officials who are in the conditions referred to in Article 45 shall continue
enjoying rights and perks equal to those who enjoyed as a result of their enrollment
in the social services instituted in the departments of origin.
2-The members of the Cabinet and the officials and agents who, before entering the
Office of the Secretary-General, in the SIED, in the SIS or in the common structures, were not
beneficiaries of any social service fall under the scheme applicable to the
staff of the Presidency of the Council of Ministers.
3-The modalities of granting the social benefits and fulfillment of the
obligations by the beneficiaries are defined by agreement to be concluded between the services
social and the common department of finance and general support, taking into account the
institutional specificity of the Office of the Secretary-General, the SIED, the SIS and the
common structures.
4-The agreement referred to in the preceding paragraph shall lack the approval of the Secretary-General
and of the member of the Government who superintending in social services.
Article 72.
Transitional provisions
1-A The installation and start of operation of the common structures depend on
dispatch of the Secretary-General.
2-Until the entry into operation of the common structures, it remains transiently
in effect the current budgetary arrangements and remain in operation the units
organic existing in the SIED and the SIS that pursue the assignments of those
structures.
3-A from the date of entry into force of the diploma that comes to regulate the careers, the
top technical staff and the technical-professional staff of SIED information and
of the SIS, may opt, within one year, for the career it intends to integrate.
4-Without prejudice to the provisions of the preceding paragraph, the remaining employees and agents of the
SIED and the SIS may be provided in the common structures.
44
5-As long as no new career schemes are approved, remuneration and
performance evaluation of the officers and agents of the SIED, the SIS and the
common structures, the schemes currently in place in services apply.
Article 73.
Abrogation standard
Without prejudice to the provisions of the preceding article, the Decree-Law No. 225/85, of
July 4, in the wording given by the Decrees-Laws No 369/91 of October 7, and
245/95, of September 14, and the Decree-Law No. 254/95 of September 30, except the
article 34 para.
Seen and approved in Council of Ministers of June 22, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
