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PROPOSED LAW NO. 137 /X

Exhibition of reasons

The XVII Constitutional Government has triggered the process of reforming the Police of

Public Safety (PSP) and the Republican National Guard (GNR) through the

Resolution of the Council of Ministers No. 44/2007 of March 19, outlining the

main lines of guidance that should norm the preparation of legislative acts

necessary for its implementation, among which the law approving the Organic of PSP.

There were the following key objectives there: the appropriate articulation between

the two forces, the rationalization of their resources and the multiannual programming of the

investments in infrastructure and equipment, with a view to improving the quality

of the service provided to the citizens and the working conditions in the security forces.

The appropriate articulation of areas of responsibility between the security forces, a

of the capitals of the reform, presupposes the elimination of the situations of discontinuity

or overlapping of means, in particular in the respective territorial device, process

that, finding itself already under way with the approval of the Portaria No. 340-A/2007, of 30 of

March, it matters to continue with the revision of the relevant provisions of the organic laws

of the two forces, in particular those establishing their respective assignments and scope

territorial. In this sense, PSP exercises its tasks throughout the national territory,

enabling the Government, in the case of assignments simultaneously committed to GNR, to

define, by portaria, the area of responsibility of PSP.

On the other hand, the deep organic reform of the Ministry of Internal Affairs, in the

Framework of the State Central Administration Restructuring Programme (PRACE),

approved by the Resolution of Council of Ministers No. 124/2005 of August 4, the

enshrine the appropriate tools for the implementation of shared services in the

domains of international relations, works, acquisitions, information systems and

communications, and the creation of the Resource Sharing Management Company of the

Public Administration, E.P.E. (GeRAP), which allows the hiring of services in

some areas of human and financial resource management, offer a boost

decisive to the new organic laws of the security forces. The conjugation of these two

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factors makes possible an unprecedented reduction of the weight of the administrative area to the

long of the hierarchical chain, which, among other non-least relevant benefits, frees

valuable human resources for operational functions.

It is this objective of rationalization of the organisation model and the use of the

features of PSP that determines the major changes operated in the new organic.

It thus adjusts the organisation of the PSP, in particular in the National Directorate and in the

special units, and the revision of the framing levels.

The restructuring of the National Directorate processes itself in two ways equally

essential: the law defines three organic units-operations and security, resources

humans, logistics and finance-and the areas understood in each of them; it is up to the

Government, to approve, by porterie, the number, the competences, the internal structure and the

management positions of the respective services. It is, therefore, in this second plan, that if

will fully achieve the emerging benefits of the new organic of the Ministry of

Internal Administration for the PSP organization model and the national structure of

that this force passes on to a better management of its resources and an appropriate

coordination of its units. These benefits will be further amplified with the implementation

of the technological plan of the Ministry of Internal Affairs that will donate the forces of

safety of new work instruments, dematerialising acts and simplifying

procedures through the articulated use of new information technologies and

communication.

The organic unit of operations and safety will be strengthened in the fields of

criminal investigation and private security. The areas covered by the units

organic human resources and logistics and finance are reviewed in the function of the

competences, respectively, of the Directorate General for Infrastructure and Equipment

(DGIE) and the Directorate General of the Internal Administration (DGAI). The clear reinforcement

institutional of the financial area in the structure of the Ministry of Administration permits and

advises, outrossim, the extinction of the Higher Council of Financial Administration.

It is also up to the Government to define the services directly dependent on the

national director. The configuration of the service of religious assistance will be the subject of

own regulation, having been asked to appear to the Attorney General of the

Republic and the Committee on Religious Freedom on the compliance of the current Service

Religious Assistance of PSP with the Religious Freedom Act, passed by the Law

n. 16/2001, of June 22, and with the Concordata between the Portuguese Republic and the Holy

Sé, signed on May 18, 2004 in the Vatican city, approved for ratification

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by the Resolution of the Assembly of the Republic No 74/2004 of November 16, and

ratified by Decree of the President of the Republic No 80/2004 of November 16.

Within the framework of the territorial units, here designated by territorial commands of

police, remain the model of regional, metropolitan and district commandos.

It is, however, created the regional command of the Autonomous Region of the Azores,

extinguishing the three currently existing commanding commands.

It is acting, outrossim, on the subunits of the territorial police commandos, who se

reduce the division and the squadron, and on the services of these commands, structure that today

covers the areas of operations and safety, of administration and general support, of logistics and

finance, of deontology and discipline and of studies, planning and public relations.

It empowers the Government to approve, by porterie, the creation and extinction of the said

subunits as well as the conformation of the services of the territorial commands of

police, in accordance with the same principles already set out for the Directorate

National.

The special units-Special Operations Group, Body of Intervention and Body

of Personal Safety-are integrated into a single unit, which further covers the Centre

of Inactivation of Explosives and Safety in Underground and the Operational Group

Cinotechnic, without prejudice to the specialization of its elements and favoring its

full advantage over the course of the career.

The creation and extinction of subunits of the Special Police Unit, as well as of the

services from that unit, they also compete for the Government.

In such a way as to ensure proper management of the officer's body and the strengthening of the level of

framework, are appropriate the levels of the district commands and divisions to the

complexity of the respective function.

It is important to point out, last, that the proposed new organic, refraining from intervening in

subjects whose definition competes with the Internal Security Act, relegates still to diploma

own all the issues that relate to the rights and duties of PSP personnel

or with the respective remunerative status.

It has been heard about the present proposed law the national director of PSP.

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:

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Approves the Organic of Public Security Police

Title I

General provisions

CHAPTER I

Nature, assignments and symbols

Article 1.

Definition

1-A Public Security Security Police, forward designated by PSP, is a

security force, uniformed and armed, with nature of public service and gifted

of administrative autonomy.

2-A PSP has for mission to ensure democratic legality, ensure security

internal and the rights of citizens, under the Constitution and the law.

3-A PSP is organized hierarchically at all levels of its structure,

being the staff with police functions subject to the command hierarchy and personnel

without police functions subject to the general rules of hierarchy of public function.

Article 2.

Dependency

PSP depends on the member of the Government responsible for the area of the Internal Administration

and its organization is unique to the entire national territory.

Article 3 para.

Attributions

1-In situations of institutional normality, PSP assignments are those arising

of the internal security legislation and, in situations of exception, those resulting from the

legislation on national defence and on the state of site and emergency.

2-Constitutions of PSP attributions:

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a) Ensure the conditions of safety that allow the exercise of rights and

freedoms and respect for the guarantees of citizens, as well as the full

functioning of democratic institutions, in respect for legality and for the

principles of the rule of law;

b) Ensure public order and tranquility and the safety and protection of the

people and the goods;

c) Preventing crime in general, in coordination with the remaining forces and

security services;

d) To prevent the practice of the remaining acts contrary to the law and regulations;

e) To develop the criminal and counterordinational research actions that

are assigned by law, delegated by the judicial authorities or requested

by the administrative authorities;

f) Ensure compliance with laws and regulations relating to land viation and the

road transport, and promote and ensure road safety,

in particular through the supervision, planning and discipline of the

transit;

g) Ensure the implementation of the administrative acts emanating from the authority

competent to prevent the failure to comply with the law or its violation

continued;

h) Participate in the control of the entry and exit of persons and goods on the national territory;

i) Protect, soccur and assist citizens and defend and preserve the goods that if

find in situations of danger, for causes arising from human action or

of nature;

j) Maintain the surveillance and protection of sensitive points, namely,

road, rail, airport and port infrastructure, buildings

public and other critical facilities;

l) Ensure safety in the spectacles, including sports, and other

recreation and leisure activities, under the law;

m) Preventing and detecting situations of trafficking and consumption of narcotics or other

prohibited substances, through surveillance and patrolling of the areas

referrals as places of trafficking or consumption;

n) Ensuring compliance with the legal and regulatory provisions regarding the

protection of the environment, as well as preventing and investigating the respective illicit;

o) Participate, in the terms of the law and the commitments arising from agreements,

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treaties and international conventions, in the implementation of foreign policy,

specifically in international civil crisis management operations, of peace, and

humanitarian, as well as in international police cooperation missions and the

scope of the European Union and the representation of the country in bodies and

international institutions;

p) Contribute to the training and information on the security of citizens;

q) Continue the remaining assignments that are committed to you by law.

2-Constitutions still assignments of PSP:

a) Licensing, controlling and scrutinizing the manufacture, storage, marketing, use

and transport of weapons, ammunition and explosive substances and equistops that do not

belong to or are intended for the Armed Forces and too much forces and services of

safety, without prejudice to the legally committed surveillance skills

to other entities;

b) Licensing, controlling and scrutinizing private and respective security activities

training, in cooperation with the remaining forces and security services and with the

Inspectorate-General of the Internal Administration;

c) Ensure the personal safety of members of the organs of sovereignty and high

national or foreign entities, as well as other citizens, when

subject to the relevant threat situation;

d) Ensuring the permanent contact point for international exchange of

information relating to the phenomena of violence associated with sport;

Article 4.

Conflicts of a private nature

PSP may not address conflicts of a private nature, and shall in such cases limit the

its action to the maintenance of public order.

Article 5.

Territorial scope

1-PSP assignments are pursued throughout the national territory.

2-In the case of assignments committed simultaneously to the Republican National Guard,

the PSP's area of responsibility is defined by portionery of the Minister of guardianship.

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3-Out of the area of responsibility defined in the terms of the preceding paragraph, the

intervention of PSP depends:

a) From the request of another security force;

b) Of special order;

c) Of legal imposition.

4-A PSP may continue its mission outside the national territory, provided that

legally mandated to that effect.

Article 6.

Duties of collaboration

1-A PSP, without prejudice to the legal priorities of its performance, cooperates with the rest

security forces and services, as well as with public authorities,

specifically, with the municipal bodies and other bodies, under the law.

2-The authorities of the central, regional and local administration, public services and the

too many public or private entities should give PSP the collaboration that

legitimately be asked to be asked for the exercise of their duties.

3-Administrative authorities must report to PSP, when requested, the content

of the decisions on the offences that this has participated in them.

Article 7.

National Estandart

The PSP and its police units, including the units constituted to act outside

of the national territory, and police educational establishments, are entitled to the use of the

national standart.

Article 8.

Symbols

1-A PSP is entitled to coat of arms, heraldic flag, anthem and white seal.

2-A The National Directorate, the police units and educational establishments have

right to coat of arms, heraldic flags and white seal.

3-The national director is entitled to the use of galhardete.

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4-The symbols provided for in the preceding paragraphs are approved by portaria of the

Minister of tutelage.

CHAPTER II

Authorities and police bodies

Article 9.

Commanders and agents of public force

1-The elements of PSP in the exercise of the forces command have the category of

commanders of public force.

2-It is considered public strength, for the purposes of the preceding paragraph, the minimum effective of

two agents on duty mission.

3-PSP elements with police functions are considered as agents of the force

public and authority when they should not be given top quality.

Article 10.

Authorities and police bodies

1-Are considered as police authorities:

a) The national director;

b) The National Directors-adjuncts;

c) The national inspector;

d) The commander of the Special Police Unit;

e) The commanders of the units and subunits up to the level of the precinct.

2-Compete to the police authorities referred to in the preceding paragraph shall determine the

application of the police measures provided for in the Act.

Article 11.

Authorities and criminal police bodies

1-For the purposes of the provisions of the Code of Criminal Procedure, they shall be considered:

a) "Criminal police authorities", the entities referred to in paragraph 1 of the article

previous;

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b) "Organs of criminal police", all elements of PSP with police functions

incumbents of any acts ordered by judicial authority or

determined by that Code.

2-As organs of criminal police, and without prejudice to the hierarchical organization of the

PSP, staff with PSP police functions acts under the direction and dependency

functional of the competent judicial authority.

3-Acts determined by the judicial authorities are carried out by the elements

to that effect designated by the respective chain of command, in the framework of its

technical and tactical autonomy.

Article 12.

Police measures and means of coercion

1-Within the scope of its assignments, PSP uses the police measures legally

provided for and under the conditions and terms of the Constitution and the Internal Security Act, no

may impose restrictions or make use of the means of coercion beyond strictly

necessary.

2-Who fails to obedience due to order or legitimate warrant, regularly

communicated and emanated from police authority or PSP authority agent, it is

punished with the legally prescribed penalty for qualified disobedience.

CHAPTER III

Provision and requisition of services

Article 13.

Requisition of forces

1-The judicial and administrative authorities may request the PSP to act on

forces for the maintenance of order and public tranquility.

2-A requisition of forces is presented with the territorially police authority

competent, indicating the nature of the service to be performed and the reason or the order that

justifies them.

3-The requisite forces act in the framework of their competences and in such a way

to fulfill their mission by maintaining full subordination to the commands they depend on.

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Article 14.

Provision of special services

1-A PSP may hold personnel with police functions in bodies of interest

public, under conditions defined by the porterie of the Minister of guardianship.

2-PSP staff may be appointed in service commission for bodies

international or foreign countries, depending on national interests and

commitments made in the framework of international cooperation, legally

established.

3-The staff referred to in paragraph 1 shall, for the purposes of public order, comply with the directives of the

command with jurisdiction in the respective area.

4-A PSP may still provide special services, upon request, which, after being

authorized by the competent entity, are remunerated by the respective submitters

on the terms that are regulated.

Article 15.

Provision of services to other public bodies

1-Without prejudice to the mission committed to you and in the context of the duty of coadjuvation

of the courts, the PSP may affect personnel with police functions for the realization of the

communication activities of the procedural acts provided for in the Code of Procedure

Penal.

2-A PSP may still affect personnel with police functions to provide service to

organs and entities of the central, regional and local administration.

3-A provision and payment of the shares provided for in the preceding paragraphs, when not

regulated by special law, are the subject of joint portions of the members of the Government

responsible for the areas of the Internal and Finance Administration and the tutelage of the

submitter entity.

Article 16.

Collaboration with public and private entities

1-Without prejudice to the fulfillment of its mission, PSP may provide collaboration to

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other public or private entities that request it, to ensure the safety of

persons and goods or for the provision of other services, upon concrete requests which

they are formulated, which will be subject to decision on a case-by-case decision.

2-A The central administration will be able to establish protocols with local authorities to

the execution of the responsibilities of construction, acquisition or beneficiation of

facilities and buildings for PSP whenever the reasons for opportunity and convenience

the advisor.

3-The payment of the services made by PSP under paragraph 1 is regulated in the

would porterie referred to in paragraph 3 of the preceding Article.

Title II

General organization

CHAPTER I

General provisions

Article 17.

General structure

PSP comprises:

a) The National Directorate;

b) The Police Units;

c) The police education establishments.

Article 18.

National Directorate

1-A The National Directorate comprises:

a) The national director;

b) The National Directors-adjuncts;

c) The Superior Council of Police, the Council of Deontology and Discipline and the

Higher Board of Health;

d) The Inspection;

e) The organic units of operations and safety, human resources and

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logistics and finance.

2-Employs, still, in the dependence of the national director, the Department of Support

General and services for the areas of studies and planning, legal consultancy,

deontology and discipline, public relations and religious assistance.

Article 19.

Units of Police

1-At PSP there are the following police units:

a) Special Police Unit;

b) The territorial police commands.

2-Are territorial police commands:

a) The regional police commands;

b) The metropolitan police commands of Lisbon and Porto;

c) The police distrital commands.

3-Can be constituted police units for compliance with missions outside the

national territory, in the terms of the law.

Article 20.

Police education establishments

They are police education establishments:

a) The Higher Institute of Police Sciences and Homeland Security;

b) The Practical Police School.

CHAPTER II

National Directorate

SECTION I

National Director

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Article 21.

Competence

1-The national director shall, in general, compete, direct, coordinate, manage,

control and scrutinize all organs, commands, services and educational establishments

of the PSP.

2-In addition to the own competences of the top management positions of the first degree,

compete for the national director:

a) Represent the PSP;

b) Chair of the Superior Council of Police;

c) Chair of the Council of Deontology and Discipline;

d) Place and transfer staff with police and non-police functions, according to

with the needs of the service;

e) Exercising the disciplinary power;

f) Authorize the performance by the PSP of special character services at the request of

other entities;

g) Determine the carrying out of inspections of PSP bodies and services in all

aspects of its activity;

h) Sanction the licences arbitrated by the health joints;

i) To approve the decisions of the Higher Board of Health;

j) To grant licences, permits and to exercise the remaining skills

administrative provisions laid down in law;

l) Exercise the skills that are delegated to you.

3-The national director may delegate at all levels of staff to his / her

own competences, unless the law expressly prevents it.

4-A competence referred to in paragraph a) of paragraph 2 is delegated to any element of the

personnel manager of the PSP staff cadres.

5-The national director is coadjured by three national directors-adjoining, who drive

respectively, the organic units of operations and safety, of human resources

and of logistics and finance.

6-The national director shall be replaced, in his or her lines or impediments, by the Director

adjunct national who runs the organic unit of operations and security.

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Article 22.

Cabinet

1-The national director is supported by an office consisting of the chief of staff and

by the adjoining and personal secretary.

2-Compete to the Office of the national director coadjuvar, advise and secretariate the

national director in the performance of his duties.

3-The Cabinet is headed by a chief of staff, interim steering position of

first degree.

Article 23.

National Directors-adjoining

It is incumbent on National Directors-adjoining:

a) Co-adjuvate the national director in the performance of his duties;

b) Exercise the direction and coordination of the organic unit assigned to it by

dispatch of the national director;

c) To exercise the powers delegated or subdelegated by the national director.

SECTION II

Inspection and consultation bodies

Article 24.

Inspection and consultation bodies

In the direct dependence of the national director the following bodies operate:

a) The Inspection;

b) The Superior Council of Police, the Council of Deontology and Discipline and the

Higher Board of Health, consultation bodies.

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Article 25.

Inspection

1-A Inspection is the service, directly dependent on the national director, who exercises the

internal control in the operational, administrative, financial and technical fields,

we compete to check, follow up, evaluate and report on the performance of all the

services of PSP, with a view to promoting:

a) The legality, regularity, efficacy and efficiency of the operational activity,

of budgetary and heritage management and personnel management;

b) The quality of service provided to the population;

c) Compliance with the plans of activities and internal decisions and instructions.

2-A Inspection is directed by the national inspector.

3-The internal regulation of the Inspectorate is approved by dispatch of the Minister of guardius.

Article 26.

Higher Board of Police

1-The Superior Council of Police (CSP) is an advisory body to the national director

to which it is competing to pronounce on the subjects concerning the activity of PSP and its

relationship with the populations, support the decision of the national director in matters of

particular relevance and, in particular:

a) Issue opinion on the objectives, needs and strategic plans of PSP and the

your execution;

b) Pronount on the legal or regulatory arrangements that say

respect to PSP, when requested;

c) To comment, the request of the Minister of the guardian, on any matters that

relate to PSP.

2-Compose the CSP:

a) The national director, who presides;

b) The National Directors-adjuncts;

c) The national inspector;

d) The regional commanders of the Azores and Madeira;

e) The metropolitan commanders of Lisbon and Porto and of the Special Unit of

Police;

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f) The directors of police education institutions;

g) The directors of the services responsible for the areas of operations, resources

humans and logistics;

h) Three district commanders, to be appointed by the national director;

i) Four elected vowels from among the candidates submitted by the associations

union, in the terms of the law;

j) A vowel elected from among the rank officers of superintendent-chief,

superintendent and intendant;

l) Two elected vowels from among the subintendents, commissioners and sub-commissioners;

m) Three elected vowels from among the elements of the career of chief ;

n) Five elected vowels from among the elements of the career of agent;

o) An elected vowel of among the staff belonging to the staff frame without

police functions.

3-A form of the designation and election of the members of the CSP and its regulation of

operation are approved by porterie of the Minister of guardianship.

Article 27.

Council of Deontology and Discipline

1-The Council of Deontology and Discipline (CDD) is an advisory body

of the national director, to which it is incumbent to appreciate and issue opinion on the subjects that

are submitted in the subject of deontology and discipline and exercise the skills that

the law and the disciplinary Regulation gives it.

2-Compose the CDD:

a) The national director, who presides;

b) The National Directors-adjuncts;

c) The national inspector;

d) A regional police commander to be designated by the national director;

e) A metropolitan police commander, to be designated by the national director;

f) Two police district commanders, to be designated by the national director;

g) The director of the department responsible for the area of deontology and discipline;

h) Three elected vowels from among the candidates submitted by the associations

union, in the terms of the law.

3-The functioning regulation of the CDD and the manner of designation and election of the

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members is approved by porterie of the Minister of guardianship.

Article 28.

Higher Board of Health

1-A Higher Board of Health (JSS) is the body to which it competes to judge the degree of

capacity for the service of the PSP staff who, on the order of the national director,

is present, as well as issuing opinion on the resources concerning decisions based

in opinions formulated by the medical joints of PSP.

2-A JSS consists of the director of the department responsible for health and assistance in the

illness, which presides, and by two doctors appointed by the national director.

SECTION III

Organic units

Article 29.

Operations and Security

The organic unit of operations and security comprises the areas of operations,

police information, criminal investigation, weapons and explosives, private security,

information and communications systems.

Article 30.

Human Resources

The organic human resources unit comprises the areas of human resources,

training and health and assistance in the disease.

Article 31.

Logistics and finance

The organic unit of logistics and finance comprises the areas of logistics and management

financial.

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Article 32.

Services

The number, competences, internal structure and management positions of the services of the

organic units are defined by portaria, pursuant to Law No. 4/2004, of 15 of

January.

SECTION IV

General support

Article 33.

Department of General Support

1-To the Department of General Support (DAG) competes, the framework

administrative, for operational and discipline effects, of the staff, as well as the

administration and control of facilities, equipment and too much material, and the

reception, dispatch and file of all correspondence, of the National Directorate.

2-The DAG may, still, provide administrative support to other units of PSP.

3-Compete, still, to the DAG to ensure the operation of the Library, of the Archive

Central, of the Museum and the Banda of PSP.

4-A PSP library works together from the Higher Institute of Police Sciences and

Internal Security by integrating its current bibliographical acquis.

CHAPTER III

Police units

SECTION I

Territorial police commands

Article 34.

Characterization

1-The territorial police Commands are territorial units in direct dependence

of the national director pursuing the tasks of the PSP in the respective area of

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responsibility.

2-In each of the Autonomous Regions of the Azores and Madeira there is a command

regional of police, with headquarters respectively in Ponta Delgada and the Funchal.

3-The metropolitan police commandos have headquarters in Lisbon and Porto.

4-The district police commandos have headquarters in Aveiro, Beja, Braga, Bragança,

Castle Branco, Coimbra, Évora, Faro, Guard, Leiria, Portalegre, Santarém, Setúbal,

Viana do Castelo, Vila Real and Viseu.

Article 35.

Organization

The territorial police commandos comprise the command, services and subunits.

Article 36.

Regional, metropolitan and district commanders

1-To the regional, metropolitan and district police commanders, in their area of

responsibility, compete:

a) Represent the PSP;

b) Exercise the command of the respective territorial command, through the management and

employment of the human, material and financial means that are assigned to it;

c) Appoint the commanders of the subunits;

d) Place and transfer staff in accordance with the needs of the service;

e) Exercising the disciplinary power;

f) (i) determine inspections of all activities of the command and subunits;

g) Exercising the delegated powers, or sub-delegated, by the national director,

well how to perform and do perform all determinations of this;

h) Exercising all the remaining legally foreseen competences in respect of

public and private security.

2-Regional, metropolitan and district police commanders can delegate the

your competences in the respective second-commanders, unless the law expressly

o prevent it.

3-Compete, in particular, to the regional police commanders:

a) The command of all PSP forces in the area of the respective Autonomous Region;

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b) To promote the actions to monitor compliance with the legal provisions and

regulation on land road and road transport in all avenues

public;

c) Articulating with the Regional Government the operational activity in the subjects whose

tutela competes in the Region;

d) Keep informed the bodies of own government of the Region of the situation of

security in the respective territory;

e) Cooperate with the organs of the Region in matters within the scope of the tasks of the

PSP and in the resolution of the problems related to the police functions that

play.

4-The regional police commander of the Azores can delegate his / her skills

in the division commanders.

5-A competence referred to in paragraph a) of paragraph 1 is delegated to any element of the

pSP frames of the respective command.

Article 37.

Second-commander

1-Regional, metropolitan and district police commanders are coadjuved

by a second-commander.

2-The seconds-commander surrogate, in his or her lines or impediments, the respective

commander and, are replaced, in your lines or impediments, by the officer more

graduated or, if there are several of equal graduation, by the oldest.

Article 38.

Subunits

1-The subunits of the territorial police commandos are the police division and the

skadra.

2-Police divisions comprise the operational and administrative areas.

3-The squads are operational subunits.

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Article 39.

Command of subunits

1-The command of the subunits is exercised by a commander, coadjuvated by a

adjunct

2-The adjunct is the oldest element placed in the respective subunit, saved

designation to the contrary of the commander of the territorial police command.

SECTION III

Special Police Unit

Article 40.

Mission

The Special Police Unit (UEP) is a specially vocated unit for

maintenance and re-establishment operations of the public order, combat situations of

concerted violence, personal security of the members of the Organs of Sovereignty and of

high entities and inactivation of explosives and safety in subsoil.

Article 41.

Organization

1-A UEP comprises the following operating subunits:

a) The Body of Intervention;

b) The Special Operations Group;

c) The Personal Safety Body;

d) The Center for Inactivation of Explosives and Security in Subsoil;

e) The Kinetechnic Operating Group.

2-By dispatch of the Minister of Tutelage, on a proposal from the national director, may be

highlighted, or placed with permanent character, UEP forces in dependence

operational, logistics and administrative of the territorial police commands.

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Article 42.

Body of Intervention

The Body of Intervention (CI) constitutes a reserve force to the order of the Director

national, specially prepared and intended to be used in:

a) Actions for maintenance and reposition of public order;

b) Combating situations of concerted violence;

c) Collaboration with the commands in patrolling, in conditions to be defined by

dispatch of the national director.

Article 43.

Special Operations Group

The Special Operations Group (GOE) constitutes a reserve force of PSP, to the order

of the national director, intended, fundamentally, to combat situations of violence

declared, the resolution of which exceeds the normal means of acting.

Article 44.

Personal Security Body

The Personal Safety Body (CSP) is a specially prepared force and

vocationalized for the personal safety of high entities, members of Organs of

Sovereignty, police protection of witnesses or other citizens subject to threat, in the

scope of the PSP assignments.

Article 45.

Center for Inactivation of Explosives and Safety in Underground

The Center for Inactivation of Explosives and Security in Subsoil (CIEXSS) is a core

steering and technical training of the specialty of detection and inactivation of ingeners

explosives and security in the subsoil.

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Article 46.

Kinetechnic Operating Group

The Kinetechnic Operating Group (GOC) is a specially prepared subunit and

vocated for the application of canids in the PSP frame of competencies.

Article 47.

Commander of the UEP

Without prejudice to the provisions of Article 57 (1), the commander of the UEP has the

competencies provided for the territorial police commanders.

SECTION IV

Subunits and services

Article 48.

Subunits

The creation and extinction of subunits of the territorial police and UEP commands are

approved by porterie of the Minister of guardianship.

Article 49.

Services

The creation and extinction and operation of the services of the territorial commands of

police and the UEP are approved by porterie of the Minister of guardianship.

CHAPTER IV

Police education establishments

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Article 50.

Higher Institute of Police Sciences and Homeland Security

1-The Higher Institute of Police Sciences and Homeland Security (ISCPSI) is a

university higher education police institute that has for mission to form officers of

police, promote their permanent outreach and carry out, coordinate or collaborate

in research and development projects in the field of police sciences.

2-The ISCPSI confers, in the terms of law, academic degrees in its scientific area.

3-A The organization and operation of the ISCPSI are defined by regulatory decree.

Article 51.

Police Practice School

1-A School Practice of Police (EPP) is a police teaching establishment, in the

dependency of the National Director, who has for the mission to provide courses and internships of

formation, improvement and updating of agents and bosses, and of specialization for

all the staff of the PSP.

2-A The organisation and operation of the EPP are defined by regulatory decree.

Title III

Provement

Article 52.

National Director

1-The recruitment for the post of national director is made, by choice, from among

superintendents-bosses, or licensed individuals of recognized idoneity and

professional experience, linked or not to the Public Administration.

2-The provement of the post is made upon a joint dispatch by the Prime Minister and

of the Minister of the guardian.

3-The post is propped up in service commission for a period of three years, renewable

for equal periods.

4-A The renewal of the service commission should be communicated to the person concerned by 30

days prior to your term, ceasing the same automatically at the end of the respective

25

period if the Minister of the guardius has not expressly expressed the intention of the

renew, in which case the leader will remain in the exercise of day-to-day management functions

up to the appointment of the new holder of the post.

5-For the purpose of possible renewal of the service commission, it owes the entity

competent to be informed, at the minimum 90 days ' notice, of the term of each

commission, ceasing this automatically at the end of the respective period whenever it does not

is given compliance to that formality.

6-At any time, the service commission may be given by finda by dispatch

of the Minister of the guardian, on the initiative of this or the application of the person concerned.

Article 53.

National Director-Deputy

1-The recruitment for the post of national director-deputy is made, by choice, of

between superintendents-bosses, or from among licensed individuals of recognized

suitability and professional experience, linked or not to the Public Administration.

2-The Deputy National Director who directs the organic unit of operations and security,

is always a chief superintendent.

3-The pavement is made upon dispatch of the Minister of guardius, the

arranged in the n. the

3, 4 and 5 of the previous article.

4-At any time, the service commission may be given by finda by dispatch

of the Minister of the guardian, on the initiative of this, on the proposal of the national director, or the

application of the person concerned.

Article 54.

National inspector

1-The recruitment for the post of national inspector is made, by choice, from among

superintendents-bosses.

2-It shall apply to the service commission of the national inspector, the scheme provided for in the n. the

3

and 4 of the previous article, with due adaptations.

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Article 55.

Recruitment of commanders and second-commanders

1-The recruitment for the posts of commander is done, by choice, from among:

a) Superintendents-bosses or superintendents, for the posts of commander

regional and metropolitan police;

b) Superintendents, for the post of commander of UEP;

c) Superintendents, intendents or subintendents for the posts of commander

police district.

2-The recruitment for the posts of the second-commander is made, by choice, of

between:

a) Superintendents or intendents, for the posts of second-commander

regional and metropolitan police;

b) Intendents, for the post of the second-commander of the UEP;

c) Intendents, subintendents or commissioners for the posts of

second-district commander of police.

3-The tutelage minister, on a proposal from the national director, sets out by dispatch the post

of the commander and the second-commander of each territorial unit, depending on the

complexity of the command and the respect for the provisions in the preceding paragraphs.

Article 56.

Provement in commission of service

1-The provement of the posts of regional commander, metropolitan, police district

and from UEP, is done on commission of service for a period of three years, renewable,

upon dispatch by the Minister of guardian, on a proposal from the national director.

2-A The renewal of the service commission is communicated to the person concerned by the entity

competent up to 30 days prior to your term, ceasing the same automatically at the end

of the respective period in the absence of communication, in which case the leader holds

in the exercise of current management functions up to the taking of the new holder of the

job title.

3-For the purpose of possible renewal of the service commission, it owes the entity

competent to be informed, at the minimum 90 days ' notice of each other's term

commission, ceasing this automatically at the end of the respective period whenever it does not

27

is given compliance to that formality.

4-At any time, service commissions can be given by finishes by

dispatch of the competent entity for the appointment, on its initiative, by proposal of the

national director or the application of the person concerned.

Article 57.

Other command posts

1-The provement of the posts of division commander, of commander of the CI, GOE,

CSP, CIEXSS and the GOC is made by dispatching of the national director, on proposal of the

respective commanders.

2-The proofing of the posts of skipper commander is done by dispatch of the

respective regional, metropolitan or police district commander.

Article 58.

First-grade intermediate direction positions

1-The recruitment for first-degree interim direction is done in

commission of service for a period of three years, upon dispatch by the Director

national, by choice of between superintendents or employees.

2-The recruitment for the intermediate positions of first degree of services

with exclusive or predominantly technical-police assignments, is done

exclusively from among superintendents.

3-Services with exclusive or predominantly police assignments, are

determined by porery of the Minister of guardianship.

4-It shall apply to the leaders referred to in this Article to the provisions of paragraph 2 a to 4

of Article 56.

Article 59.

Second-degree interim direction positions

1-The recruitment for second-degree interim direction is done in

commission of service for a period of three years, upon dispatch by the Director

national, by choice of between intendents or employees.

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2-The recruitment for the intermediate management positions of second degree of services

with unique or predominantly technical-police assignments is done

exclusively from between intendents.

3-The provement and recruitment for these posts shall apply to the provisions of paragraph 3 of the

previous article and in Article 56 (s) 2 a to 4.

Title IV

Financial provisions

Article 60.

Recipes

They constitute revenue of PSP:

a) The appropriations allocated by the State Budget;

b) The proceeds from the sale of publications and the amounts collected by activities or

services provided;

c) The interest of bank deposits;

d) The own recipes consigned to PSP;

e) The balances of the revenue consigned;

f) Any other recipes assigned to it by law, contract or other

title.

Article 61.

Expenses

They constitute expenditure of PSP as resulting from charges arising from the operation

of its organs and services and of operational activity, in the pursuit of attributions

that are committed to you.

Article 62.

Exceptional recruitment

1-By dispatch of the Minister of Tutelage, on a proposal from the national director, may the officer

of police with appropriate training and experience, perform duties

29

corresponding to the immediate post.

2-Staff propped in the terms of the preceding paragraph have the inherent rights and duties

to the role performed.

3-Proposed staff resume the remuneration due at the post of origin, when it ceases

the duties that he performed, sensing him the time of stay in the post at

which has been propped up, for the purpose of change of step and seniority.

4-If, during the time in which you are propped in the immediate post, occur to your

promotion, the element will keep the step in which to find yourself until, by normal

development of the progression this step will compete you, owing, for the purposes of

seniority, be placed in the position that would compete you in the normal development of the

career.

Article 63.

Fees

The activity of PSP may involve the application of fees and the collection of expenses to

job title of entities that especially benefit with that activity, pursuant to

regular in their own diploma.

Title V

Transitional and final provisions

Article 64.

Transitional arrangement

The organisation and operation of social services are regulated by their own diploma.

Article 65.

Regulation

1-Are regulated by own diploma:

a) The organisation and operation of the ISCPSI and the EPP;

b) The application of fees and the collection of expenses borne by entities that

especially benefit with the activity of PSP;

30

c) The remunerative status of the national director.

2-A provision and payment of the services requisitioned to PSP pursuant to the article

15. and 16. of this diploma are the subject of joint portionery of the Minister of guardianship,

of the member of the Government responsible for the area of Finance and, where applicable, of the

member of the Government with the tutelage of the submitting entity.

3-The number, competences and internal structure of the services of the units

organic, as well as the framework of PSP leaders, are defined by portaria, in the

Terms of Law No. 4/2004 of January 15.

4-Are approved by porterie of the Minister of guardianship:

a) The area of responsibility of PSP, in the case of assignments simultaneously

committed to the Republican National Guard, as well as the territorial commands

of police and their subunits;

b) The conditions under which the PSP staff with police functions may be affection to

organisms of public interest;

c) The services with exclusive or predominantly police assignments;

d) The creation and extinction of subunits of the territorial police and the

UEP;

e) The creation and extinction and operation of the services of the territorial commands

of police, the UEP and the educational establishments.

5-Are regulated by dispatching from the Minister of guardius:

a) The types of weapons in use by PSP, as well as the rules of the respective employment;

b) The regulation of the Inspectorate.

Article 66.

Abrogation standard

It is repealed Law No. 5/99 of January 27, with the exception of:

a) Of the Articles 4 and 6, the revocation of which produces effects with the entry into force of

a new Internal Security Act;

b) Of the Articles 88, 89, 90 to 94 and 103, the revocation of which produces effects with the

entry into force of a new Staff Regulations of the PSP;

c) From Article 105, the revocation of which produces effects with the entry into force of the

would porterie referred to in paragraph 3 of the preceding Article.

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Article 67.

Entry into force

This Law shall come into force within 30 days, with the exception of Article 65 which enters

in force on the day following that of the publication.

Seen and approved in Council of Ministers of May 3, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs