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Parliamentary Group of the Left Bloc

Draft Law No. 356 /X

Determines accountability rules of holders of political office or high

public office about their heritage

Exhibition of reasons

In the wake of the publicly assumed commitment, the Left Bloc

represents proposals submitted by Assemblyman João Cravinho and who deserved

opposition of the parliamentary majority. However, in the opinion of this parliamentary group, these

proposals are justified, useful and even indispensable for the creation of a culture

of responsibility as a fundamental instrument of combating corruption. The

proposals are presented with adaptations in relation to the initial proposal.

Article 1º

Subject

This Law shall determine rules for the supervision and accountability of the holders of

political offices or high public offices about their heritage.

Article 2º

Duty of justification

The holders of political office or high public office, or other riding

including senior management and administration positions in public companies, have a duty to

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justify the patrimonial increments, registered or omitted in their respective

statements that should be submitted to the Constitutional Court or that should

record in its tax declaration obligations.

Article 3º

Responsibility of officials and holders of high public office

1-A charge of employee for the practice of crime provided for in Articles 335, 372 to

377. and 379 of the Criminal Code and of public high office holder by the practice of crimes

provided for in Articles 16, 17, 18, 18-20, 21 and 23 of Law No. 34/87 of 16 of

July, determines the carrying out of an inquiry into the service in which it provides its activity,

aiming at the clearance of possible disciplinary, civil or criminal liability of the

respective hierarchical superiors.

2-The survey referred to in the preceding paragraph shall also be aimed at the realization of

an in-depth audit of system concerning the management of corruption risks

accompanied by the recommendation of administrative procedures or regulations

suitable.

3-The survey referred to in the preceding paragraph is mandatorily initiated on the deadline

maximum of 15 days from the date on which the tutelage was aware of the charge of the

official or the holder of public high office and has a character of urgency.

Article 4º

Amendment to the General Tax Act

Article 89-A of the General Tax Act, adopted by the Decree-Law No. 389/98, of 17

of December, with the subsequent amendments, shall be replaced by the following:

" Article 89.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

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5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-The elements relating to the manifestations of fortune, will be sent to the

Prosecutor's Office for enquiry and, dealing with employee or

holder of office under tutelage of public entity, also to the tutelage for the purpose of

enquiries in the scope of the respective competence. "

Article 5º

Addition to Law No. 4/83 of April 2

It is added to Law No. 4/83 of April 2, Article 5, with the following wording:

" Article 5.

Random review

1-The Public Prosecutor's Office to the Constitutional Court proceeds annually to the analysis

of a simple random sample with a first-of-a-kind error not exceeding 5%

of the statements made after the expiry of the mandates or the cessation of duties of the

respective holders, without prejudice to power, at all times, to analyze any others.

2-For the purposes of the analysis referred to in the preceding paragraph, the statements are considered to be

presented in the last five years.

3-Whenever the analysis falls on a statement presented more than a year ago,

should the respective declarant submit new updated statement. "

Article 6º

Addition to Law No. 34/87 of July 16

It is added to Law No. 34/87 of July 16, Article 3, with the following wording:

" Article 3.

Extent of application

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The constant regime of this Law shall apply to holders of high public office

provided for in Article 3 of Law No 64/93 of August 26, in its current wording. "

Article 7º

Entry into force

This Law shall come into force on the day following its publication in Journal of the Republic.

Assembly of the Republic, February 14, 2007

The Deputies and Deputies of the Parliamentary Group of the Left Bloc,