1

PROPOSED LAW NO. 138 /X

Exhibition of reasons

The XVII constitutional government triggered the process of reforming the National Guard

Republican (Guard) and Public Security Police through the Resolution of the

Council of Ministers No. 44/2007 of March 19, delineating the main lines of

guidance that should guide the preparation of the necessary legislative acts to their

execution, among which the law approving the Organic of the Guard.

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, it is established that the Guard exercises its assignments at all

the national territory, empowing the Government, in the case of assignments simultaneously

committed to the Public Security Police, to define, by porterie the area of

responsibility of the Guard.

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

2

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

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. These benefits will be still

extended with the implementation of the technological plan of the Ministry of Administration

Internal that will endobe the security forces of new working instruments,

dematerializing acts and simplifying procedures through the articulated use of

new information and communication technologies.

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

resources of the Guard that determines the major changes operated in the new organic.

In what concerne to the national command body, the general state is extinct or

coordinator and the state-major special or technical, being designed a structure of

command that comprises, in addition to the Command of the Guard and the respective bodies of

inspection, advice and support, three higher command and steering bodies, which

they ensure the functional command, respectively, of the areas of operations, of the resources

humans, heritage and financial and the doctrine and training. This new feast of the

command structure of the Guard concretizes itself by two equally essential forms: the

law defines, in addition to the cast of the inspection bodies, advice and support of the Command of the

Guard, which areas covered by the higher command and direction bodies and the

respective level of framing, enabling the Government to define the number, the

skills and the services of these bodies as well as the post corresponding to the respective

chefs.

If the integrated reading of these two instruments is indispensable to achieve

in full the configuration of the national command structure of which the Guard passes the

have for the pursuit of their assignments, the understanding of the new model of

non-prescinde organization of the concurrent and attentive consideration of the vast intervention

carried out in its units, given the specific dimension it assumes in the reform

of this security force. It is, incidentally, in the latter respect, in particular in the reduction operated

in the command scales of the territorial units, which lies the reason mainly

determinant of the reinforcement of the level of framework in the Guard Command.

In the services directly dependent on the Commander-General, it must be pointed out, in

first place, the consecration of the Inspectorate of the Guard, which succeeding the current Cabinet

of Advisors and Inspectors, and, above all, the relief that the new organic recognizes him

in the evaluation of the operational activity and administration of resources, according to

3

the criteria and in the terms to be defined in the respective regulation.

On the other hand, the General Secretariat of the Guard sees its broadened competences,

receiving skills today sprayed by autonomous services-Clustering of

Support and Services and Training of Command-and by the General Staff of the Guard,

specifically that of administering the unit where the command structure of the

Guard, we will also compete to ensure the operation of the Library, the Museum and

Historical Archive and the Guard Magazine.

In the board bodies, the Superior Council of the Guard passes on

restricted or extended composition, as per the nature and importance of subjects in

cause, being created, on the other hand, the Council of Ethics, Deontology and Discipline,

body of consultation in fairness and discipline. It is, still, changed the composition of the

Superior Board of Health, attentive to the nature of the subjects that it is incumbent upon you to appreciate, and

eliminates the Questrian Affairs Committee, for understanding itself, essentially, that the

subjects that are currently committed to you should not be trimmed from the command

functional responsible for the administration of logistical and financial resources.

In the superior bodies of command and direction, the Operational Command comprises the

areas of operations, information, transit and road safety, of research

criminal, the protection of nature and the environment and international assignments. To

operational effects, the different units of the Guard depend on the commander of this

functional command.

The Home Resources Administration Command understands the areas of resources

humans, financial resources, logistical and health resources and assistance in the

disease and further ensures religious assistance to the Guard's military. The configuration

of this last service will be the subject of own regulation, having been requested

opinion to the Attorney General of the Republic and the Committee on Religious Freedom on the

compliance of the current Guard Religious Assistance Service with the Law of

Religious Freedom, passed by Law No. 16/2001, of June 22, and with the

Concordat between the Portuguese Republic and the Holy See, signed on May 18, 2004

in the Vatican city, approved for ratification by the Assembly Resolution 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.

The Command of Doctrine and Training comprises the areas of doctrine and training,

depending on the respective functional commander the commander of the establishment of

teaching of the Guard.

4

The definition of the competences and the internal structure of the services of the commands

functional, in particular of those who integrate the command of the Administration of the

Internal resources, will be decisively determined by the competences of the services

central to the Ministry of Internal Affairs, specifically of the Directorate General of

Infrastructures and Equipment and the Directorate General of Internal Administration.

In the territorial units, a command step with the extinction is eliminated

territorial brigades, safeguarding the possibility of the operational commander

be able to constitute any possible commands for operations of a national or regional scope that

the justices. The territorial groups, which thus pass the constitute the units

territorial of the Guard take the designation of territorial commands and are reduced, in the

continent, from 23 to 18, adjusting its territorial scope to that of the districts

administrative. The territorial commands articulate themselves in detachments and services. The

detachments articulate themselves in underdetachments or posts, depending on the respective

command.

Depending on these changes, the level of framework wants in the Command is strengthened

of the Guard, either in the territorial units and their subunits. The territorial commands

are commanded by colonel or lieutenant colonel, the detachments by major or captain

and those posts by sergeant or by subaltern officer, taking, in this case, the designation of

subsecondment.

In the special units, it is extinguished the Transit Brigade, whose competences pass the

be pursued by the territorial commands. The respective herd is in full

affection, preserving its specialization, the example of what happens to the

criminal investigation, and strengthening traffic policing in the tracks where it is registered

greatest sinister. The technical unit of the performance is ensured by the service of the

Operational Command responsible for the area of traffic and road safety and the

operating unit is guaranteed, where necessary, by national directives of

operations.

It is also extinguished the Fiscal Brigade, creating a Coastal Control Unit,

which ensures the surveillance, patrolling and maritime or ground interception in the

Continent and in the Autonomous Regions, through the herd today affection for these functions, and

a Fiscal Action Unit, with a specialized and high technical character, that

brings together the elements with research functions, the remaining effective being assigned to the

territorial device.

5

They are, still, extinguished the Regments of Cavalry and Infantry, and created a Unit

of Security and Honours of State and an Intervention Unit.

The State Security and Honours Unit, small representation unit

dimension, it is articulated in Presidential Squad and garrison subunits and brings together the

staff strictly necessary to the ceremonies and honours of State and to the safety of the

facilities of the palaces of Bethlehem, Saint Benedict and Needs, responsibility that

passes to be entrusted only to the Guard.

In compliance, it will impose expeditiously to promote the amendment of Law No. 7/96, 7

of February, which defines the structures of technical and personal support and of heritage management,

administrative and financial organ of the President's governing body of the Republic, and of the Law

n ° 28/2003 of July 30 approving the Law of Organization and Functioning of the

Services of the Assembly of the Republic.

The Unit of Intervention, unit of intervention and reserve, is articulated in

subunits of public order, special operations, protection and relief, cinotecnia,

inactivation of explosives and safety in subsoil, bringing together the elements of the present

cavalry regiments and infantry affections to these functions. A part of your

actual is placed under operational command of the territorial commands.

Finally, it remains the School of the Guard as the teaching establishment to which

compete to ensure the training, specialization and updating of the Guard's military.

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

territorial, specialized, representation and intervention and reserve units.

The services of the territorial units and the educational establishment, as well as the

terms in which the specialized units, of representation, and of intervention and reserve,

are supported by the services of the Secretariat-General and the Command of the Administration of the

Internal resources are also defined by regulatory act of the Government.

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 the military of the

Guard or with the respective remunerative status.

It was heard about the present proposed law the Commander-General of the Guard.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

6

Assembly of the Republic the following proposal for a law:

Approves the Organic of the Republican National Guard

Title I

General provisions

CHAPTER I

Nature, assignments and symbols

Article 1.

Definition

1-A The Republican National Guard, forward designated by Guard, is a force of

security of a military nature, consisting of military personnel organized in a special body

of troops and endowed with administrative autonomy.

2-A Guard has per mission, in the framework of national security systems and

protection, ensure democratic legality, ensure internal security and rights

of the citizens, as well as participating in the national defence, under the Constitution and the

law.

Article 2.

Dependency

1-A Guard depends on the member of the Government responsible for the area of the Administration

Internal.

2-The guard forces are placed in the operational dependence of the Chief of the

State-Major-General of the Armed Forces, through its Commander-General, in the cases

and terms provided for in the National Defence and Armed Forces and the regime of the

state of the site and the state of emergency, depending, on this measure, of the member of the

Government responsible for the area of National Defence with regard to uniformity,

normalization of military doctrine, weaponry and equipment.

7

Article 3.

Attributions

1-Constitutions of the Guard:

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,

specifically, 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

8

referred to as places of trafficking or consumption and, in particular, of the border

maritime;

n) Participate in the surveillance of the use and transport of weapons, ammunition and substances

explosive and equiparing that do not belong to the remaining forces and services of

security or the Armed Forces, without prejudice to the competences assigned to

other entities;

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

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, Guard assignments:

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

protection and conservation of nature and the environment, as well as prevent and

investigate the respective illicit;

b) Ensure the surveillance, planning and discipline of transit in all

constitutive infrastructure of the axes of the Fundamental National Network and the Network

National Supplementary, to its full extent, outside of metropolitan areas

of Lisbon and Porto;

c) To ensure, within the framework of its own mission, surveillance, patrolling and

land and sea interception, on the entire coast and territorial sea of the continent and

of the autonomous regions;

d) To prevent and investigate tax, tax and customs offences, as well as

scrutinize and control the movement of goods subject to tax action,

tax or customs;

e) Control and scrutinize vessels, their passengers and cargo, for the purposes

provided for in the preceding paragraph and, supplement, for the fulfilment of other

legal obligations;

f) Participate in the surveillance of catch, disembarkation, culture and

marketing of marine species, in articulation with the Authority

National Maritime and in the framework of the legislation applicable to the exercise of fisheries

9

maritime and culture of marine species;

g) Perform first-line prevention and intervention actions, in the whole

national territory, in an emergency of protection and relief,

in particular in the occurrences of forest fires or hazardous materials,

disasters and serious accidents;

h) Providing military honours and other protocol honours of state;

i) Comply, in the framework of the implementation of the national defence policy and in cooperation

with the armed forces, the military missions that are committed to it.

Article 4.

Conflicts of a private nature

The Guard cannot direct conflicts of a private nature, owing, in such cases, to limit

its action to the maintenance of public order.

Article 5.

Territorial scope

1-Guard assignments are pursued throughout the national territory and at sea

territorial.

2-In the case of assignments committed simultaneously to the Public Security Police, the

area of responsibility of the Guard is defined by porterie of the Minister of guardianship.

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

intervention of the Guard depends:

a) From the request of another security force;

b) Of special order;

c) Of legal imposition.

4-A allocation provided for in the d) of Article 3 (2) may be pursued in the area

contiguous.

5-A Guard can continue its mission outside of the national territory, provided that

legally mandated to that effect.

10

Article 6.

Duties of collaboration

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

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

in particular with the municipal bodies and other bodies, under the law.

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

too many public and private entities should provide the Guard with the collaboration that

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

3-Administrative authorities shall communicate to the Guard, when requested, the

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

Article 7.

National Estandart

The Guard and its units, including the units constituted to act outside the

national territory and the establishment of teaching, they are entitled to the use of the Estandarte

National.

Article 8.

Symbols

1-A Guard is entitled to coat of arms, heraldic flag, anthem, march, stamp

white and privative decoration.

2-Guard units are entitled to coat of arms, white seal and banners

heraldic, which, in its subunits, will take the forms of the script of merit.

3-The commander-general is entitled to the use of galhardete.

4-The symbols and the decoration provided for in the preceding paragraphs, as well as the

allocation regulation of this, are approved by porterie of the Minister of guardianship.

Article 9.

Commemorative dates

1-The Day of the Guard is commemorated on May 3, in evocation of the law that created the current

11

national institution, in 1911.

2-Guards units are entitled to a festive day for the consecration of the respective

historical memory, defined by dispatching of the commander-general.

CHAPTER II

Authorities and police bodies

Article 10.

Commanders and agents of public force

1-The Guard's military in the exercise of the command of forces has 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 military personnel on service mission.

3-The Guard's military is considered as agents of public force and authority

when they should not be assigned higher quality.

Article 11.

Police officials

1-Are considered as police authorities:

a) The commander-geral;

b) The 2. Commander-geral;

c) The commander of the Operational Command of the Guard;

d) The unit commanders and command subunits of officer;

e) Other officers of the Guard, when in the exercise of command functions or

operational managerial.

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 12.

Authorities and criminal police bodies

1-For the purposes of the Code of Criminal Procedure, they are considered:

12

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

previous;

b) "Organs of criminal police", the Guard's military tasked with any

acts ordered by judicial authority or determined by that Code.

2-While criminal police bodies and without prejudice to the hierarchical organization of the

Guard, the Guard's military acts under the direction and functional dependence of the

competent judicial authority.

3-Acts determined by the judicial authorities shall be carried out by the departments and

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

their technical and tactical autonomy.

Article 13.

Tax police authority

1-For the purposes of the legal regime applicable to tax offences, they are considered

tax police officials:

a) All officers in the exercise of command functions in the Control units

Coastal and Fiscal Action and in the respective subunits;

b) Other officers of the Guard, when in the exercise of command functions

operational scope of tax.

2-In such a way as to enable the fulfillment of your tax mission, as well as the

pursuit of its tasks of a financial and heritage nature, the Guard maintains

a functional link with the Ministry of Finance, regulated by joint poring of the

Minister of tutelage and of the member of the Government responsible for the area of Finance.

Article 14.

Police measures and means of coercion

1-Within the scope of its assignments, the Guard 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 officer of Guard authority, it is

13

punished with the legally prescribed penalty for qualified disobedience.

CHAPTER III

Requisition of forces and provision of services

Article 15.

Requisition of forces

1-The judicial and administrative authorities may requisition the Guard to act

of 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.

Article 16.

Provision of special services

1-A Guard may hold military personnel in public interest bodies, in

conditions defined by the minister of guardianship of the guardianship.

2-Guard servicemen can be appointed in service commission for

international bodies or foreign countries, in the function of national interests and

of the commitments made in the framework of international cooperation, in the terms

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 Guard may still provide special services, upon request, that, after

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

submitters on the terms that are regulated.

14

Article 17.

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 Guard may affect military personnel for the realization of the activities of

communication of the procedural acts provided for in the Code of Criminal Procedure.

2-A Guard may still affect military personnel 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 in 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 18.

Collaboration with public and private entities

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

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 the Guard whenever the reasons for opportunity and

convenience advising you.

3-The payment of the services carried out by the Guard 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

15

Article 19.

Professional categories and posts

1-A Guard is organized hierarchically and the military of its cadres

permanent are subject to the military condition, pursuant to the General Bases Act of the

Status of the Military Condition.

2-Guard military personnel group hierarchically in the following categories

professionals, subcategories and posts:

a) Professional category of officers:

i) General officers, who comprises the posts of general, Lieutenant General,

major-general and brigadeiro-general;

ii) Senior officers, who comprises the posts of colonel, lieutenant colonel

and major;

iii) Captains, which comprises the rank of Captain;

iv) Subaltering officers, which comprises the posts of lieutenant and ensign;

b) Professional category of sergeants, which comprises the posts of sargent-mor,

sergeant-chief, sergeant-helper, first sergeant, second-sergeant and furriel;

c) Category of guards, which comprises the cabo-mor posts, cable-head, cable,

main guard and guard.

Article 20.

General structure

The Guard comprises:

a) The command structure;

b) The units;

c) The establishment of teaching.

Article 21.

Command structure

1-A The command structure comprises:

a) The Guard Command;

b) The superior organs of command and direction.

16

2-The Guard Command comprises:

a) The commander-geral;

b) The 2. Commander-geral;

c) The inspection body;

d) The organs of council;

e) The General Secretariat.

3-Are superior organs of command and direction:

a) The Operational Command (CO);

b) The Command of the Administration of Internal Resources (CARI);

c) The Command of Doctrine and Training (CDF).

Article 22.

Units and educational establishment

1-In the Guard there are the following units:

a) The Command-geral;

b) Territorial, the territorial commands;

c) Specialized, the Coastal Control Unit (UCC) and the Unit of Action

Fiscal (UAF);

d) Of representation, the Security and Honours Unit of State (USHE);

e) Of intervention and reservation, the Unit of Intervention (UI).

2-Can be constituted units to act outside the national territory, in the terms

of the law.

3-The establishment of the teaching of the Guard is the School of the Guard (EG).

CHAPTER II

Command structure

SECTION I

Command of the Guard

17

Article 23.

Commander-general

1-The commander-general is a lieutenant general appointed by joint dispatch of the

Prime Minister, the Minister of the guardian and the member of the Government responsible for the

area of National Defence, heard the Council of Chiefs of Staff if the appointment

relair in officer general of the Armed Forces. 2-A appointment to the post of

commander-general implies graduation at the rank of general.

3-The Commander-General is responsible for the fulfillment of the general missions of the

Guard, as well as others who are committed to him by law.

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

compete with the Commander-General:

a) Exercise full command over all forces and elements of the Guard;

b) Represent the Guard;

c) Exercising the disciplinary power;

d) Assign the decoration provided for in Article 8;

e) To propose to the Minister of the guardian the requisition to the member of the Government responsible

by the area of National Defense of the personnel of the branches of the Armed Forces

necessary to the Guard;

f) Order to carry out the personnel recruitment operations necessary to the

frame of the Guard;

g) Decide and order to carry out all the activity concerning the organisation, means and

devices, operations, instruction, technical, financial services, logistics and

administrative of the Guard;

h) Directing the financial administration of the Guard, according to the competences

legal ones that are conferred on it;

i) Firming contracts for the acquisition of goods and services within their competence and

of the authorizations given to it;

j) Relate to the senior commanders of the Armed Forces,

commanders and directors-general of the remaining forces and security services and

of the remaining public and private entities;

l) Apply fines;

m) Inspect or have to inspect the units, organs and services of the Guard;

n) Chair of the Higher Council of the Guard and the Council of Ethics, Deontology and

18

Discipline;

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

p) Authorize the performance by the Special Services Guard, on request

of other entities;

q) Exercise the remaining powers delegated to you or committed by law.

5-The Commander-in-Chief can delegate his / her own competences in the 2.

commander-general and in the holders of the organs directly subordinate to him.

Article 24.

Office of the Commander-General

1-The Commander-in-Chief is supported by an office consisting of the chief of staff and

by the deputation, helper-from-the-field and personal secretary.

2-Compete to the Office of the Commander-General coadjuvar, advise and secretariate the

commander-general in the exercise of his duties.

Article 25.

2. Commander-General

1-The 2. Commander-General is a Lieutenant General, appointed by the Minister of guardian, under

proposal of the Commander-General of the Guard.

2-When the nominee is an officer general of the Armed Forces, the appointment is made with

the agreement of the member of the Government responsible for the area of National Defence. 3-To 2.

commander-general competes:

a) Co-adjuvate the Commander-General in the performance of his duties;

b) Exercising the powers delegated to it or subdelegated by the

commander-geral;

c) Replace the commander-general in his absences or impediments.

Article 26.

Inspection bodies, council and general support

1-In the direct reliance of the Commander-General work the following organs:

a) The Inspection of the Guard (IG), the inspection body;

19

b) The Higher Council of the Guard (CSG), the Council on Ethics, Deontology and

Discipline (CEDD) and the Superior Board of Health (JSS), board bodies.

c) The General Secretariat of the Guard (SGG), general support service.

2-It works, still, on the reliance of the commander-general, services for the areas of

studies and planning, legal consultancy and public relations.

Article 27.

Inspection of the Guard

1-A IG is the body responsible for the development of inspective and

audit at the top level of the Guard, they compete to support the Commander-in-Chief in the

exercise of its functions of control and evaluation of operational activity, of

training, the administration of human, material and financial means and the

compliance with the applicable legal provisions and internal regulations and instructions,

as well as in the study and implementation of quality standards.

2-A IG is directed by a Maj. Gen., designated inspector of the Guard, at the

direct reliance on the commander-general and appointed by this.

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

Article 28.

Top Board of the Guard

1-The CSG is the maximum consultation body of the commander-general.

2-The CSG in restricted composition is made up of:

a) Commander-general, who presides;

b) 2. Commanding-geral;

c) Inspector of the Guard;

d) Commanders of the superior bodies of command and direction;

e) Commander of the EG.

3-The CSG in enlarged composition consists of:

a) Commander-general, who presides;

b) 2. Commanding-geral;

c) Inspector of the Guard;

d) Commanders of the superior bodies of command and direction;

20

e) Commanders of the territorial units, of the specialized units, of

representation and reserve and the establishment of teaching;

f) Head of SGG;

g) Representatives of the professional categories of officers, sergeants and guards,

elected in accordance with the terms to be defined by the guardianship of the Minister of guardianship

4-By determination of the commander-general, they can participate in the meetings of the CSG, without

right to vote, other entities which, by their special functions or competence, the

Council judge convenient to hear.

5-Compete to CSG in restricted composition:

a) Approve your regiment;

b) Issue opinion on:

i) Indigitation of Guard officers for the frequency of courses of access to

official general;

ii) Assessment of promotions to officer general;

iii) Other issues of high sensitivity and importance to the Guard that

are subjected to their appreciation by the Commander-geral;

c) Exercising the powers provided for in the Status of Military Judges and of the

Military Advisors of the Public Prosecutor's Office and the rest that are

legally committed.

6-Compete to the CSG in enlarged composition approve your regiment and issue opinion

about:

a) The plan and report of activities of the Guard;

b) Issues relevant to the Guard, specifically in relation to the organization

and status of staff;

c) Lists of promotion by choice and other matters pertaining to promotions, nos

terms of the Status of the Military of the Guard;

d) Any other matters that are submitted to your assessment by the

commander-general.

Article 29.

Council of Ethics, Deontology and Discipline

1-The CEDD is the consultation body of the Commander-in-Chief in the matter of justice and

discipline.

21

2-CEDD has the following composition:

a) The commander-geral;

b) The 2. Commander-geral;

c) The inspector of the Guard;

d) The commanders of the superior bodies of command and direction;

e) The commanders of the specialized units, of representation, of intervention and

reservation and the establishment of teaching;

f) The commanders of five territorial units;

g) The director of the service responsible for the area of human resources;

h) Representatives of the professional categories of officers, sergeants and guards,

elected in accordance with the terms to be defined by the guardianship of the Minister of guardianship

3-Compete to CEDD issue opinion on:

a) The application of the disciplinary feathers of compulsive retirement and separation of

service and the statutory measure of service dispensation;

b) Disciplinary review resources;

c) Any other subjects from the scope of ethics or discipline that are

subjected to their appreciation by the commander-in-general.

4-The functioning regulation of the CEDD is approved by dispatch of the Minister

of the tutelage.

Article 30.

Higher Board of Health

1-A JSS is the body to which it competes to judge the degree of capacity for the service of

officers, sergeants and guards who, on the order of the commander-general, are present,

as well as issuing opinion on the resources for decisions based on opinions

formulated by the medical joints of the Guard.

2-A JSS consists of the commander of the CARI, who presides over, and by two doctors

appointed by the commander-general.

Article 31.

General Secretariat of the Guard

1-A SGG is responsible for the drafting and publication of the Order to the Guard and the Order

22

of Service of the Command-General, while also competing to ensure the support and the

administrative framework of all personnel, the reception, dispatch and file of

all correspondence, administration and control of installations, equipment

and too much material and the normal functioning of the Command-General unit.

2-A SGG can, still, provide administrative support to other units of the Guard.

3-Compete, still, to SGG to ensure the operation of the Library, the Museum and

Historical Archive and the Guard Magazine.

SECTION II

Superior organs of command and direction

Article 32.

Operational Command

1-CO ensures the command of all the operational activity of the Guard.

2-The CO's commander is a Major General or, pursuant to Art. 50, a

lieutenant general, appointed by the commander-general.

3-CO understands the areas of operations, information, transit and security

road, criminal investigation, protection of nature and the environment and missions

international.

4-The CO's commander has under his direct command, for operational purposes, the

territorial, specialized, representation and intervention and reserve units.

5-CO commander may constitute any possible commands for scope operations

national or regional, when this is justified.

Article 33.

Command of the Administration of Internal Resources

1-The CARI ensures the command and direction of all the activity of the Guard in the

domains of the administration of human resources, materials and financial.

2-The commander of the CARI is a Major General or, pursuant to Art. 50, a

lieutenant general, appointed by the commander-general.

3-CARI understands the areas of human resources, financial resources, resources

logistics and health and assistance in the disease.

23

4-The CARI ensures, still, religious assistance to the Guard's military.

Article 34.

Command of Doctrine and Training

1-The CDF ensures the command and direction of all the activity of the Guard in the fields

of the doctrine and formation of the herd of the Guard.

2-The CDF commander is a Major General or, pursuant to Art. 50, a

lieutenant general, appointed by the commander-general.

3-The CDF comprises the areas of doctrine and training.

SECTION III

Services of the command structure

Article 35.

Services

The number, competences, internal structure and the post corresponding to the heads of the

services directly dependent on the commandant-general and the services of the organs

command and direction superiors are defined by portaria, pursuant to the Act n.

4/2004, of January 15.

CHAPTER II

Units

SECTION I

Unit of the Guard Command

Article 36.

Command-general

1-The Command-General is based in Lisbon and concentrates the entire command structure of the

Guard.

2-The Command-General is run by the head of SGG.

24

SECTION II

Territorial units

Article 37.

Territorial commands

1-The territorial command is responsible for the enforcement of the Guard mission in the area

of responsibility assigned to it, in the direct reliance of the Commander-General.

2-In The Autonomous Regions of the Azores and Madeira, the territorial commands have

headquarter in Ponta Delgada and the Funchal and, without prejudice to other missions that are to them

especially committed, continue, in the respective area of responsibility, the

assignments of the Guard in the framework of the surveillance of the coast and the territorial sea and the

prevention and investigation of tax and customs offences, depending

functionally of the Coastal Control Unit and the Fiscal Action Unit,

concerning the respective areas of competence.

3-The territorial commands are commanded by a colonel or lieutenant colonel,

coated by a 2. commander.

4-Compete, in particular, to the territorial command commanders in the Regions

Autonomous articulation with the Regional Government the operational activity in the subjects

whose guardia is incumbent on the Region and cooperating with the organs of the Region in matters of the

scope of the Guard's assignments.

Article 38.

Organization

The territorial commands articulate themselves in command, services and subunits

operational.

Article 39.

Subunits

1-The operational subunits of the territorial commands are the detachments, which if

articulate locally in subdetachments or posts.

25

2-The command of the detachments and of their subunits is exercised by a

commander, coadjuvated by an adjunct.

3-The detachment is commanded by major or captain, the underdetachment by officer

subaltern and the post by sergeant.

SECTION III

Specialized units, of representation and of intervention and reserve

Article 40.

Coastal Control Unit

1-A UCC is the specialist unit responsible for the fulfilment of the mission of the

Guard in the entire length of the coast and in the territorial sea, with specific skills

of surveillance, patrolling and ground or sea interception across the coast and sea

territorial of the continent and the Autonomous Regions, and compete to, still, manage and operate

the Integrated Surveillance, Command and Control System (SIVICC), distributed throughout

from the sea orla.

2-A UCC consists of detachments.

3-The commander of the UCC has the rank of colonel or, when the nominee is official of the

navy, from captain-of-sea-and-war, and is coadjured by a 2. commander.

Article 41.

Fiscal Action Unit

1-A UAF is a specialized unit of national scope with competence

specific research for the fulfillment of the tax, tax and customs mission

committed to the Guard.

2-A UAF articulates in tax action detachments and a research detachment

of national scope.

3-A UAF is commanded by a colonel, coadjured by a 2 th commander.

26

Article 42.

State Security and Honours Unit

1-A USHE is a unit of representation responsible for the protection and security at

facilities of the organs of sovereignty and other entities entrusted to it and by the

provision of state honours.

2-A USHE articulates itself in Presidential Squad and garrison subunits.

3-Integrate, still, the USHE to Charanga a Horse and the Banda of the Guard.

4-A USHE is headquartered in Lisbon and is run by a colonel, coadjured by a 2. th

commander.

Article 43.

Unit of Intervention

1-A UI is a unit of the Guard specially vocationally for the missions of

maintenance and re-establishment of public order, resolution and management of incidents

critics, tactical intervention in situations of concerted and high violence

dangerousness, complexity and risk, safety of sensitive and large installations

events, inactivation of explosives, protection and relief and appurtion and projection of

forces for international missions.

2-A UI articulates itself in public order subunits, from special operations, from

protection and relief and cinotechnics.

3-integrate, still, the UI the Center for Inactivation of Explosives and Security in

Subsoil (CIESS) and the Center for Train and Forces Apronation for Missions

International (CTAFMI).

4-By dispatch of the minister of the guardian may be highlighted or placed with character

permanent, UI forces in the organic dependence of the territorial commands.

5-A UI is run by a brigadier-general, coadjured by a 2. commander.

SECTION IV

Establishment of teaching

27

Article 44.

School of the Guard

1-A EG is a specially vocated unit for moral, cultural formation,

physical, military and technical-professional of the Guard military and still for the upgrade,

specialization and enhancement of their knowledge.

2-A EG collates, still, in the formation of elements of other entities, national and

foreign.

3-A EG is run by a brigadier-general, coadjured by a 2. commander.

4-The commander of the EG depends directly on the CDF commander.

SECTION V

Subunits and services

Article 45.

Subunits

The creation and extinction of subunits of the territorial, specialized units of

representation and intervention and reservation and the establishment of teaching are approved

by porterie of the Minister of guardianship.

Article 46.

Services

1-A creation and extinction and the operation of the services of the territorial units and of the

establishment of teaching are approved by porterie of the Minister of guardianship.

2-A administration of specialized units, of representation and intervention and

booking is ensured by SGG and by the services of CARI, in the terms to be defined by

would pore from the Minister of guardianship.

Title III

Financial provisions

28

Article 47.

Financial regime

1-A The financial management of the Guard is governed by the general regime of public accounting.

2-Constitutions of Guard recipes:

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 the Guard;

e) The annual balances of the consignment revenues;

f) The value of the fines to which you are entitled by virtue of the fulfillment of your mission;

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

title.

Article 48.

Expenses

They constitute expenditure of the Guard as resulting from charges arising from the

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

of the attributions that are committed to him.

Article 49.

Fees

The activity of the Guard 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 IV

Supplementary, transitional and final provisions

29

Article 50.

Port structures

The assignments committed to the Guard in relation to surveillance and protection of structures

ports do not undermine the exercise of the legally foreseen assignments of others

entities, specifically the National Maritime Authority, in relation to protection

of shipping and ports.

Article 51.

Promotion to Lieutenant General

The promotion to Lieutenant General of Officer General in exercise of duties in the Guard shall not

carries the cessation of the function it exercises.

Article 52.

Transitional provisions

1-The assignments committed to the Guard by this Law in respect of surveillance,

protection and security of airport infrastructure do not undermine the competence

assigned to the Public Security Police at the international airports currently

existing.

2-A The organisation and operation of social services are regulated by diploma

own.

Article 53.

Regulation

1-Are regulated by own diploma:

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

especially benefit with the activity of the Guard;

b) The remunerative status of the commander-general.

2-It is regulated by joint portionery of the Minister of guardianship and the members of the Government

responsible for the areas of National Defence and Finance to be pursued by the Guard

in the contiguous area of the allocation provided for in the paragraph d) of Article 3 (2) as well as the

30

articulation between the Guard and the National Maritime Authority, in regard to the assignments

provided for in points c) , e) and f) of the same number.

3-They are regulated by joint portionery of the Minister of guardianship and the member of the Government

responsible for the area of Finance the terms of the functional link between the Unit of

Fiscal Action and the Ministry of Finance provided for in Article 13 (2).

4-A provision and payment of the services requisitioned to the Guard under the terms of the

articles 17 and 18 of this Law are the subject of joint portionery of the Minister of guardianship,

the Government's Member State responsible for the area of Finance and, where applicable, of the

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

5-The number, skills, internal structure and the post corresponding to the kingpin

of the support services directly dependent on the Commander-General and the services of the

superior command and steering bodies are defined by portaria, pursuant to the Act

n. 4/2004, of January 15.

6-Are determined by portionery of the Minister of guardianship:

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

committed to the Public Security Police, as well as the territorial units and

respective subunits;

b) The symbols and decoration provided for in Article 8, as well as the regulation of

allocation of this;

c) The conditions under which the military personnel of the Guard may be allocated to organisms

of public interest;

d) The terms to which he obeys the election of the officers ' representatives, sergeants and

guards at the CSG and the CEDD;

e) The creation and extinction of subunits of the territorial, specialized units of

representation and intervention and reserve;

f) The creation and extinction and operation of the services of the territorial units of the

establishment of teaching and the terms in which the support is proctored

administrative of the specialized units, representation and intervention and

booking by the services of the Home Resources Administration Command and

of SGG.

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

a) The types of weapons in use by the Guard, as well as the rules of the respective

employment;

b) The regulation of the IG;

31

c) The regulation of operation of CEDD.

Article 54.

Abrogation standard

The Decree-Law No. 231/93 of June 26, with the exception of: is repealed:

a) Of the Articles 29 and 30, the revocation of which produces effects with the entry into force of

a new Internal Security Act;

b) Of the Articles 33, 92 and 94, the revocation of which produces effects with the entry into

vigour of a new Statute of the Guard Military.

Article 55.

Entry into force

This Law shall come into force within 30 days, with the exception of Article 52 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