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PROPOSED LAW NO. 168 /X

Exhibition of Motives

The greatest effectiveness and the debureaucratization of the operation of the services constitute

key objectives to be achieved in the field of modernization of the Administration

Public, being this one of the vectors of growth strategy development

contemplated in the Program of the XVII Constitutional Government.

For the respective realization, the Simplification Programme has been implemented

Administrative and Legislative (SIMPLEX), under which, annually, they are defined

new targets that the Government proposes to achieve towards greater facilitation of life

of citizens and greater efficiency of human resources and materials at the service of the

State.

Within the framework of the SIMPLEX 2007, measures have been included that aim at transparency of the

procedures, so as to de-bureaucratize the state and increase confidence in the

services of the Public Administration, thus promoting rationalization and efficiency

from the same, in the perspective of a policy of cost reduction and delivery

efficient of the legitimate rights and interests of citizens.

Among those measures include the definition of a new military census model,

that respects the principle of " only asking the citizen for information that is strictly

necessary or that it is not yet in the possession of any state service ".

The definition of this new model presupposes the change in the current process of

military census, exempting the citizen from the duty to present themselves to the census,

which goes on to process, only, between the bodies and services of the State

competent, in terms of establishing in the Regulation of the Military Service Act.

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For the implementation of this measure matters to amend the Approved Military Service Act

by Law No. 174/99 of September 21, since soon because citizens cease to be

linked to the obligation to present themselves to the military census during the month of

January of the year in which you are completed 18 years of age.

This change in the procedures implies not only the exemption of citizens from if

present to the act of census, but also, and once the census

military maintains the purpose of obtaining the information of all citizens who achieve,

in each year, the age of the start of military obligations, the treatment of that

information and respective updating up to the age at which the said obligations

end up.

In this compliance, they change in the present law the standards that impose the obligations

mentioned, conferring with the Ministry of National Defence the incumbency to preserve

the relevant information associated with the process.

This Law, which gives concretization to a constant commitment of the Programme of

Legislative Simplification and Administrative Simplex 2007 (Measure 148-

Military Census), is therefore a reform with many benefits, above all

because it will promote an increase in the effectiveness, dematerialization of processes and the

reduction of operating costs.

The necessary representations have been promoted to the hearing of the National Commission of

Protection of Data.

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:

Article 1.

Amendment to Law No 174/99 of September 21

Articles 8 and 58 of the Military Service Act, adopted by Law No. 174/99, 21 of

September, shall be replaced by the following:

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" Article 8.

[...]

1-The military census is for the purpose of obtaining the information of all

citizens who achieve, in each year, the age of commencement of obligations

military.

2-For the purposes of the provisions of the preceding paragraph, the Ministry of Defence

National obtains the necessary information concerning citizens during the

period in which they are subject to the military duties provided for in the

present law, as well as other necessary actions to the census

military, in terms to be established in the regulation of this Law.

3-[ Revoked ].

Article 58.

[...]

1-The failure to comply with the duty of comparency to Defence Day

National, provided for in Article 11 and in the b) of Article 57 of the present

law, constitutes counterordinance punishable with fine of amount to be fixed

in the regulation of this Law, without prejudice to the immediate subjection by the

infringer on the provisions of the paragraph a) of Article 34 (5) as well as the

restrictions for the exercise of public functions.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-[...].

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11-[...].

12-[...].

13-[...].

14-[...]. "

Article 2.

Abrogation standard

Article 8 (3), Articles 9 and 10 and (10) are repealed. a) of Article 57 of the

Law of the Military Service, passed by Law No. 174/99 of September 21.

Seen and approved in Council of Ministers of October 31, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs