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Approves The Internal Security Act

Original Language Title: Aprova a Lei de Seguran├ža Interna

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PROPOSED LAW NO. 184 /X

Exhibition of Motives

The present Proposition of Law arises following the Resolution of the Council of Ministers

n. 45/2007, of March 19. This Resolution has pledged to promote the amendment

of the Internal Security Act, so as to create a Homeland Security System that

corresponds to the framework of the typical risks of the current historical cycle. Thus, search

to meet the phenomena of serious, mass and violent crime, highly organized,

transnational-especially the one dedicated to the tracts of narcotics and substances

psychotropic, of people and of arms-and economic and financial (encompassing the

corruption, the trafficking of influence and the bleaching), as well as sabotage, to the

espionage and terrorism.

In Article 1 (3) a strategic concept of internal security is introduced, based

in these criminal phenomena and still in the prevention of serious accidents or disasters and in the

environmental and public health advocacy. Such a concept does not replace, however, a concept

more abstract of internal security, tendentially perennially, referred to the defence of the

order, safety and public tranquility, the protection of persons and goods, the

prevention of crime in general and the safeguarding of democratic institutions, of the

rights, freedoms and guarantees of citizens and democratic lawfulness, which continues to

be enshrined in Article 1 (1).

On the other hand, several changes correspond to legislative updates. Cabem,

in this scope, the references to the criminal policy framework law and the laws on policy

criminal, the concepts of employee within the meaning of the Criminal Code and terrorism,

violent crime, especially violent or highly organized in the terms of the

Code of Criminal Procedure and the Organic Laws of Forces and Security Services.

The Homeland Security System continues to encompass the Superior Security Council

Internal. In this Council they shall become the Secretary General of the System of

Information from the Portuguese Republic-cargo that did not exist until the entry into force of the

Organic Law No. 4/2004, of November 6-and the Director-General of Services

Prisional, listening to the relevance of the role the prison system assumes in the plan of the

prevention and criminal investigation. Also the Chief of Staff-Major-General of the

Armed forces integrates the Council, considering the joints justifying

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in the terms of the law. In addition, the Attorney General of the Republic participates in the

meetings, either on your initiative or upon invitation. To promote a more participation

effective of the Assembly of the Republic in the definition of internal security policies,

which are national draft, two deputies are expected to have a seat on the Board of

Top of Homeland Security. These two deputies are designated by the Assembly of

Republic by a two-thirds majority of Members present, as long as it exceeds

absolute majority of MPs in effectivity of duties. Finally, whenever if

consider convenient, the ministers who tutelage the criminal police bodies of

specific competence, as well as the respective maximum leaders, are called to

participate in the meetings. This enlarged composition allows the Council to give a

integrated and global response to the new threats to internal security.

It continues to exist, in the direct reliance of the Prime Minister, the post of Secretary-

General. However, the Secretary-General is to be equated with the Secretary of State and the

his appointment is antecedents of parliamentary hearing. It is a valorisation of the

cargo that meets the responsibilities of coordinating internal security-identical,

in importance, to those who fall back on the Secretary General of the Information System of the

Portuguese Republic. On the other hand, as already succeeding today, the Secretary-General is

appointed and exonerated by the Prime Minister, requiring, for the purpose, a

joint proposal of the Ministers of the Internal Administration and Justice. The First-

Minister also continues power, as currently envisaged, delegating to his

competence concerning the Secretary-General in the Minister of the Internal Administration.

He also remains the post of Deputy Secretary-General, which is to be equated with

the incumbent holder of the upper direction of 1. Also the Deputy Secretary-General

is appointed and exonerated by the Prime Minister, upon joint proposal of the

Ministers of the Internal Administration and Justice. However, in this case, it is still required to

prior hearing of the Secretary-General, who may delegate skills to the Secretary-General

Adjunct and it is for him replaced in his absences and impediments.

To cope with the threats to internal security, the Secretary-General has a set

of differentiated skills: of coordination, direction, control and command

operational.

Within the framework of its coordination powers, the Secretary-General establishes

mechanisms of articulation between the various security forces and services, with the

international and foreign congenic bodies and with all systems

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peripherals, public and private, relevant in the area of security.

In the area of his directing powers, the Secretary-General has powers of

organization and administrative, logistics and operational management of services, systems,

technological means and other common resources of the forces and security services.

In the plan of its control powers, the Secretary-General has powers of

articulation of the forces and security services, through the respective leaders

maximums, in high-risk events or serious tactical-police incidents, which

imply a joint and combined performance.

Finally, in extraordinary situations, determined by the Prime Minister, after

reasoned communication to the President of the Republic, such as terrorist attacks or

serious accidents or disasters requiring the joint and combined intervention of

different forces and services of safety and civil protection, these are placed under the

operational command of the Secretary-General, through its maximum leaders.

The powers of the Secretary-General shall be exercised in accordance with the plan of

coordination, control and operational command of the forces and security services,

approved by the Council of Ministers, on a proposal from the Prime Minister.

They become a seat in the Coordinating Office of Security the Secretary-General of the

Information System of the Portuguese Republic and the maximum system leaders

Integrated Protecting and Relief Operations and the Directorate-General for Services

Prisional. In this way, the Cabinet can respond more effectively to the challenges of

coordination that is put to you.

It is the Coordinating Office of Security that continues to possess competences of

advice and consultation in matters of internal security. It is, thus, to promote the

carrying out studies concerning internal security and the operation of forces and the

security services. Their skills remain, incidentally, unchanged, predicting themselves.

only, additionally, to give advice on the facilities programming laws and

equipment of the security forces, provided for in Law No 61/2007 of September 10.

The district security coordinators ' coordinators, created by the Decree-Law n.

149/2001, of May 7, are not the subject of any amendment. Their existence

continues to justify itself to extend to the district level the coordination of the activity of the

forces and security services. The coordinators ' offices are set up

Security of the Autonomous Regions of the Azores and Madeira, chaired by the Secretary-

General of the Internal Security System and who integrate a representative of the Government

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Regional respective and regional decision-makers by the forces and services of

security.

Already as far as police measures are concerned, new figures are added: the interdiction

temporary access and movement and the evacuation or temporary abandonment of places or

of means of transport.

To special police measures, subject to judicial validation, for being able to affect

fundamental rights, add to the search and the cautionary magazine, the realization of

shares of supervision in establishments and other public places or open to

public, the realization of surveys or installation of safety equipment,

the inhibition of diffusion from radiocommunication systems, public and private, and the

electromagnetic insulation or the telephone service bus in certain

spaces.

The regime of police measures is densified, so as to ensure full respect

for rights, freedoms and guarantees. Thus, these are only applicable in the terms and

conditions provided for in the Constitution and in the law, where this proves necessary, by the

period of time strictly indispensable to ensure the safety and protection of

people and goods and as long as there are evidence founded activity preparation

criminal or serious or violent disturbance of public order.

Regarding the determination of enforcement of police measures, the

cases of exclusive competence of the police authorities of the emergency situations and

of danger in the delay, in which the application of some police measures may be

determined by agents of the forces and the security services, in that case being

immediately communicated to the competent police authority in order to their

confirmation. In addition, the application of the temporary closure, revocation or

suspension of authorisations and the cessation of business of companies, groups, organisations

or associations is previously authorized by the criminal instructional judge of the place where the

police measure will come to be enforced, save in cases of urgency and danger in the delay.

Finally, it is determined that the special measures of police that have not been

previously authorized have to be communicated to the competent court in the shortest

deadline, which cannot exceed 48 hours, and appreciated by the criminal instructional judge in the

maximum term of 8 days, under penalty of nullity. In this way, the evidence collected in the

scope of police measures that have not been the subject of prior authorization or

validation will not be able to be used in criminal proceedings.

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The hearing of the self-governing bodies of the Autonomous Regions should be promoted.

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:

CHAPTER I

General principles

Article 1.

Definition and purposes of internal security

1-A Internal security is the activity developed by the State to ensure order,

public safety and tranquility, protect people and property, prevent and suppress the

crime and contribute to ensuring the normal functioning of the institutions

democratic, the regular exercise of rights, freedoms and fundamental guarantees

of citizens and respect for democratic legality.

2-A Internal security activity exercises in the terms of the Constitution and the law,

in particular of criminal law and criminal procedure, of the criminal policy framework law,

of the laws on criminal policy and the organic laws of the forces and services of

security.

3-The measures provided for in this Law are intended, in particular, to protect life and

integrity of people, public peace and democratic order, specifically

against terrorism, violent or highly organized crime, sabotage

and espionage, to prevent and react to serious accidents or disasters, to defend the

environment and to preserve public health.

Article 2.

Fundamental principles

1-A Internal security activity is tariff item adherence to the observance of the principles of

State of democratic law, of rights, freedoms and guarantees and of the general rules

of police.

2-Police measures are those provided for in the Act, and shall not be used in addition

of the strictly necessary and obeying the requirements of suitability and

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proportionality.

3-A The law sets the regime of the forces and security services, the organization of

each of them unique to the entire national territory.

Article 3.

Internal security policy

The internal security policy consists of the set of principles, objectives,

priorities, guidelines and measures aimed at the pursuit of the purposes set out in the article

1.

Article 4.

Territorial scope

1-A Internal security develops in all space subject to the powers of

jurisdiction of the Portuguese state.

2-In the framework of international commitments and applicable rules of law

international, forces and security services can act out of space

referred to in the preceding paragraph, in cooperation with bodies and services of States

foreigners or with international organizations that Portugal is a part of, having

in view, in particular, the deepening of the space of freedom, security and justice

of the European Union.

Article 5.

General and special collaboration duties

1-Citizens have a duty to collaborate in the pursuit of the purposes of internal security,

complying with the preventive provisions set out in the law, accraving orders and

legitimate warrants of the authorities and not obstructing the normal exercise of the

skills of the officials and agents of the forces and security services.

2-The officials, within the meaning of the Criminal Code, and the military have a special duty to

collaboration with the forces and security services, under the law.

3-Without prejudice to the duty of denunciation provided for in the Code of Criminal Procedure, the

officials, within the meaning of the Criminal Code, and the military have a duty to communicate

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promptly to the forces and to the competent security services the facts of which

have knowledge, in the exercise of their duties and because of them, concerning the

preparation or execution of facts that can be classified as crimes of

terrorism, violent crime, especially violent or highly organized,

under the terms of the Code of Criminal Procedure, sabotage or espionage.

Article 6.

Coordination and cooperation of the security forces

1-The forces and the security services carry out their activity in accordance with the

principles, objectives, priorities, guidelines and measures of the security policy

internal and within the framework of the respective organic framework.

2-Without prejudice to the provisions of the preceding paragraph, the forces and the security services

cooperate with each other, specifically through the communication of information that, no

interested only in the pursuit of the specific objectives of each of them,

are necessary to the realization of the purposes of others, safeguarding the schemes

legal from the secret of justice and the secret of state.

CHAPTER II

Internal security policy

Article 7.

Assembly of the Republic

1-A The Assembly of the Republic contributes, by the exercise of its political competence,

legislative and financial, to frame the internal security policy and to

scrutinize your execution.

2-Opposition parties represented in the Assembly of the Republic have the right to

be previously consulted by the Government in relation to the general direction of policy

of internal security.

3-A Assembly of the Republic annually appreciates a report, to be submitted by the

Government until March 31, on the situation of the Country in internal security,

as well as on the activity of the forces and the security services developed

in the previous year.

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Article 8.

Government

1-A The conduct of the internal security policy is, pursuant to the Constitution, of the

competence of the Government.

2-Compete to the Council of Ministers:

a) Set out the general lines of the internal security policy and the guidelines on

your execution;

b) Schedule and ensure the means for the implementation of the policy of

internal security;

c) Approve the plan for coordination, control and operational command of forces and

of the security services and guarantee their regular functioning;

d) Fix, under the law, the rules of classification and control of movement of the

official and accreditation documents of the persons who must have access to the

classified documents.

Article 9.

Prime Minister

1-The Prime Minister is politically responsible for the direction of the policy of

internal security, we compete, specifically:

a) Informing the President of the Republic about the matters concerning the

conduct of the internal security policy;

b) Convene the Superior Council of Homeland Security and chair the respective

meetings;

c) To propose to the Council of Ministers the plan for coordination, control and command

operational of the forces and security services;

d) Directing the interministerial activity tendent to the adoption of the arrangements

appropriate to the safeguarding of internal security;

e) To coordinate and guide the action of the members of the Government on the matter of

internal security;

f) To appoint and exonerate the Secretary General of the Internal Security System,

upon joint proposal by the Ministers of the Internal Administration and the

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Justice, after hearing of the indigiate in parliamentary committee seat;

g) Nominate and exonerate the Deputy Secretary-General of the Security System

Internal, upon a joint proposal by the Ministers of the Internal Administration and

of Justice, heard the Secretary-General.

2-The Prime Minister may delegate, in whole or in part, the skills referred to

in the points b) and d) of the previous number in the Minister of Internal Administration.

3-When not dialing from the Prime Minister, in accordance with paragraph 1, the measures

intended for the coordination and cooperation of the forces and security services

dependent on different ministries are agreed upon between the Minister of

Internal Administration and the relevant ministers.

Article 10.

Autonomous Regions

The measures aimed at the coordination and cooperation of the forces and services of

safety dependent on different ministries, applied in the Autonomous Regions,

shall be executed without prejudice to the powers of the Representative of the Republic and

of the region's own governing bodies.

CHAPTER III

Internal Security System

Article 11.

Organs of the Internal Security System

The organs of the Internal Security System are the Superior Security Council

Internal, the Secretary-General and the Coordinating Office of Security.

Article 12.

Nature and composition of the Superior Council of Homeland Security

1-The Superior Council of Homeland Security is the interministerial body of hearing and

consultation in internal security matters.

2-The Superior Council on Homeland Security is chaired by the Prime Minister and his

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are part of:

a) The Vice-First-Ministers, if any;

b) The Ministers of State and the Presidency, if any;

c) The Ministers of the Internal Administration, Justice, National Defence, das

Finance and Public Works, Transport and Communications;

d) The Presidents of the Regional Governments of the Azores and Madeira;

e) The Secretaries-General of the Internal Security System and the System of

Information from the Portuguese Republic;

f) The Chief of Staff-General of the Armed Forces;

g) Two deputies appointed by the Assembly of the Republic by a majority of two

thirds of the Members present, provided that it exceeds the absolute majority of the

deputies in effectivity of duties;

h) The Commander-in-Chief of the Republican National Guard, the Directors

Nationals of the Public Security Police, the Judiciary and the Service

of foreigners and Borders and the Director of the Information Service of

Security;

i) The National Maritime Authority;

j) The responsible for the Aeronautical Authority System;

l) The responsible for the Integrated System of Protection and Relief Operations;

m) The Director-General of Prisonal Services.

3-Representatives of the Republic participate in the meetings of the Council dealing with

matters of interest to the respective region.

4-On your own initiative, whenever you understand it, or at the invitation of the President, you may

participate in the meetings of the Council the Attorney General of the Republic.

5-For the purposes of the preceding paragraph, the Attorney General of the Republic is informed of the

dates of holding of the meetings, as well as of the respective work orders.

6-The President, when he considers it convenient, may invite to participate in the

meetings the ministers who tutelde criminal police bodies of competence

specific and other entities with special responsibilities in prevention and

repression of crime or in the research and production of relevant information

for internal security, specifically, the maximum leaders of other bodies

of criminal police of specific competence.

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Article 13.

Competences of the Superior Council of Homeland Security

1-The Council assists the Prime Minister in the exercise of his / her competences in

internal security matters, particularly in the adoption of the arrangements

necessary in situations of serious threat to internal security.

2-It shall be up to the Council, as a consultation body, to issue an opinion, inter alia,

about:

a) The definition of the general lines of internal security policy;

b) The general bases of the organization, operation and discipline of the forces and of the

security services and the delimitation of their respective competences;

c) The draft diplomas containing arrangements of a general character

relating to the attributions and competences of the forces and services of

security;

d) The broad guidelines relating to training, specialisation,

updating and the improvement of the personnel of forces and services of

security.

3-The Council prepares its regiment and submits it to the Council's approval of

Ministers.

Article 14.

Secretary-General

1-The Secretary-General functions in the direct dependence of the Prime Minister or, by

his delegation, from the Minister of Internal Administration.

2-The Secretary-General shall be equated, for all legal purposes, except those relating to

his appointment and exoneration, the Secretary of State.

3-The Secretary-General has a support office to which the scheme is applicable

legal of the ministerial offices.

4-The Secretary-General may opt for the remunerative status of origin when it is

worker who exercises public duties or when he / she is bound by the judgeship

judicial, to the Public Prosecutor's Office, to the Armed Forces, and to the forces and services of

security.

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Article 15.

Competences of the Secretary-General

The Secretary-General has skills of coordination, direction, control and command

operational.

Article 16.

Coordination skills

1-Within the framework of its coordination powers, the Secretary-General has the

powers necessary for the concertation of measures, plans or operations between the various

forces and security services, the articulation between these and other services or

public or private entities and cooperation with the partner bodies

international or foreign, in accordance with the plan for coordination, control and

operational command of the forces and security services.

2-Compete to the Secretary-General, within the framework of his / her coordination skills:

a) Coordinate the action of the forces and security services, ensuring the

compliance with the coordination, control and operational command plan of the

forces and security services approved by the Government;

b) Coordinate joint actions of training, improvement and training of forces

and of the security services;

c) To strengthen collaboration between all forces and security services,

guaranteeing your access to the necessary information;

d) To develop in the national territory the action plans and strategies of the

European space of freedom, security and justice that entail acting

articulated of the forces and security services.

3-Compete still to the Secretary-General:

a) Ensure the articulation of forces and security services with the system

prison, in such a way as to make prevention and repression more effective

crime;

b) Ensure the articulation between the forces and the security services and the System

Integrated of Protection and Relief Operations;

c) Establish with the Secretary General of the Information System of the Republic

Portuguese appropriate mechanisms for institutional cooperation, so as

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guarantee the sharing of information, with observance of the legal regimes of the

secret of justice and the secret of state, and the fulfilment of the principle of

availability in the exchange of information with the security structures

of the member states of the European Union;

d) Ensure coordination between forces and security services and services

of medical emergency, road safety and transport and safety

environmental, within the framework of the definition and implementation of safety and management plans

of crises;

e) Ensure the articulation between the Internal Security System and the planning

emergency civil;

f) Articulating national institutions with those of local scope, including

particularly municipal policemen and municipal safety boards;

g) Establish linkage with private structures, including in particular the

private security companies.

Article 17.

Competences of direction

1-Within the scope of its steering powers, the Secretary-General shall have powers of

organization and administrative, logistics and operational management of services, systems,

technological means and other common resources of the forces and services of

security.

2-Compete to the Secretary-General, within the framework of his directing powers:

a) To provide forces and security services with access to and use of

common services, specifically within the framework of the System of Networks of

Emergence and Security of Portugal and the Central Emergencies 112;

b) Ensure interoperability between the information systems of entities

that are part of the Homeland Security System and access by all, from

agreement with their needs and competences, to those systems and to the

mechanisms for international police cooperation through the different points

of national contact;

c) Coordinate the introduction of geo-referenced information systems on the

device and the means of the forces and the security and protection services and

help and about crime;

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d) Proceed to the treatment, consolidation, analysis and integrated dissemination of the

crime statistics, participate in the conduct of surveys of

vitiation and insecurity and draw up the annual internal safety report;

e) Be the national point of permanent contact for alert situations and

rapid response to threats to internal security, in the framework of mechanisms

of the European Union.

Article 18.

Control skills

1-Within the scope of its control powers, the Secretary-General shall have powers of

articulation of forces and security services in the performance of missions or

specific tasks, limited by their nature, time or space, which entail

a joint performance in accordance with the plan for coordination, control and command

operational of the forces and security services.

2-Compete to the Secretary-General, within the framework of his supervisory powers and

through the respective maximum leaders, the articulation of forces and services

required security:

a) To the policing of events of broad or international dimension or of other

planned operations of high risk or threat, upon determination

joint of the Ministers of the Internal Administration and Justice;

b) To the management of serious tactical-police incidents referred to in the following number.

3-Consideration of serious tactical-police incidents, in addition to those that come to be

classified as such by the Ministers of the Internal and Justice Administration, those

require the joint and combined intervention of more than one force and service

of security and to involve:

a) Attacks on organs of sovereignty, hospital establishments, prisons or the

teaching, infrastructure aimed at the supply and satisfaction of

vital needs of the population, means and avenues of communication or means of

collective transport of passengers and infrastructure classified as infra-

critical national structures;

b) The employment of firearms in circumstances in which to endanger the

life or the physical integrity of a plurality of people;

c) The use of explosive, incendiary, nuclear, radiological substances,

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biological or chemical;

d) Kidnapping or taking of hostages.

Article 19.

Operational command skills

1-In extraordinary situations, determined by the Prime Minister after

reasoned communication to the President of the Republic, of terrorist attacks or of

serious accidents or disasters requiring joint and combined intervention

of different forces and security services and, eventually, of the Integrated System

of Protection and Relief Operations, these are placed on dependence

operational of the Secretary-General, through its maximum leaders.

2-Within the scope of the extraordinary powers provided for in the preceding paragraph, the

Secretary-General has powers of planning and assignment of assignments or tasks that

require the conjugate intervention of different forces and security services and

control of the respective implementation in accordance with the coordination plan, control and

operational command of the forces and security services.

Article 20.

Deputy Secretary-General

1-Compete to the Deputy Secretary-General:

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

b) Exercising the coordination and direction skills that are delegated to you

by the Secretary Geral;

c) To replace the Secretary-General in his / her absences or impediments.

2-The Deputy Secretary-General shall be equated with the incumbent of top management of

1. degree.

Article 21.

Nature and composition of the Coordinating Office of Security

1-The Coordinating Office of Security is the expert body of advice and

consultation for the technical and operational coordination of the activity of forces and of the

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security services, functioning in the direct dependence of the Prime Minister or,

by his delegation, from the Minister of Internal Administration.

2-The Cabinet is composed of the entities referred to in points e) and h) a m) of paragraph 2 of the

article 12 para.

3-The Cabinet is chaired by the Secretary-General.

4-The Cabinet brings together:

a) Ordinarily, once a quarter;

b) Extraordinarily, whenever the president the convoque, on his initiative

or at the request of any of its members.

5-Under the coordination of the Secretary-General works a permanent secretariat of the

Office made up of liaison officers from the entities referred to in the

points h) a m) of Article 12 (2)

6-The Cabinet has a situation room to keep up with situations of serious

threat to internal security.

7-The office provided for in Article 14 (3) provides technical and administrative support to the

Security Coordinator's Office.

8-The SIRENE Cabinet is integrated into the Coordinating Office of Security.

9-A National Security Authority and the respective office work together from the

Security Coordinator's Office.

Article 22.

Competencies of the Coordinating Office of Security

1-Compete to the Coordinating Security Cabinet assist in regular mode and

permanent the Secretary-General in the exercise of his / her coordination skills,

direction, control and operational command and, specifically, study and propose:

a) Public internal security policies;

b) Schemes for cooperation of forces and security services;

c) Enhancements of the device of forces and security services;

d) Conditions of employment of staff, facilities and too many means, standards of

performance and procedures of the forces and security services, to be adopted in

situations of serious threat to internal security;

e) Forms of coordination and international cooperation of forces and services

of security;

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f) National strategies and plans for action in the area of crime prevention.

2-Compete still to the Coordinating Safety Cabinet:

a) Give opinion on the draft diplomas concerning the programming of

facilities and equipment of the security forces;

b) Proceed to the collection, analysis and dissemination of the elements relating to the crimes

participates and any other elements necessary for the drafting of the

internal security report.

3-For the purposes of the provisions of the preceding paragraph, the Secretary-General may:

a) Define the measures deemed indispensable to the normal functioning of the

Cabinet;

b) Issue guidelines and instructions on the activities to be developed.

Article 23.

Counter-terrorism Coordination Unit

1-Integrate the Antiterrorism Coordination Unit representatives of the entities

referred to in points e) , h) and i) of Article 12 (2) and of the Information Service

Strategic Defense.

2-Compete to the Counter-Terrorism Coordination Unit ensure coordination and

sharing of information, in the framework of combating terrorism, among the services that

integrate.

Article 24.

Regional and district security coordinators offices

1-The security coordinating offices of the Autonomous Regions of the Azores and of the

Wood is chaired by the Secretary General of the Homeland Security System and

they integrate a representative of the respective Regional Government and those responsible

regional by the forces and the security services provided for in the ( h) a m) from the

n. 2 Article 12 para.

2-The district security coordinators of the districts are chaired by the

civilian governors and integrate the district responsible for the forces and services

of security provided for in points h) a m) of paragraph 2 to Article 12 para.

3-The regional and district security coordinators ' offices are to exercise the

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counselling skills referred to in Article 22 (1), in the framework of

respective geographical areas.

4-A invitation of the President, may participate in the meetings of the coordinators ' offices

of regional and district security the commanders of the municipal policemen.

5-The Secretary General of the Internal Security System informs the Representatives of the

Republic about the issues of interest for the respective region.

Chapter IV

Security Forces and Services

Article 25.

Security forces and services

1-The forces and the security services are public bodies, they are exclusively

at the service of the Portuguese people, are rigorously apartisan and compete for

guarantee internal security.

2-Exercise internal security functions:

a) The Republican National Guard;

b) The Public Security Police;

c) The Judicial Police;

d) The Office of Foreign and Border Protection;

e) The Security Information Service.

3-Exercise still safety functions, in the cases and in the terms provided for in the respective

legislation:

a) The organs of the National Maritime Authority;

b) The organs of the System of the Aeronautics Authority.

4-A organization, attributions and skills of the forces and services of

safety are contained in their respective organic laws and too much supplementary legislation.

Article 26.

Police officials

For the purposes of this Law and within the framework of their respective competences, they consider themselves

police officials the top officials indicated as such in the diplomas

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organic of the forces and security services.

Chapter V

Measures of Police

Article 27.

Police measures

1-Are police measures:

a) The identification of suspicious persons who find themselves or circulate in place

public, open to the public or subject to police surveillance;

b) The temporary interdiction of access and movement of persons and means of

transport on site, via land, river, sea or air;

c) The evacuation or temporary abandonment of places or means of transport.

2-It is also considered a police measure to remove objects, vehicles or other

obstacles placed in public places without authorization that prevent or

condition the passage, to ensure freedom of movement in conditions of

security.

Article 28.

Special police measures

They are special police measures:

a) The realization, in viature, public place, open to the public or subject to

police surveillance, from searches and magazines to detect the presence of weapons,

substances or explosive devices or pyrotechnics, prohibited objects or

capable of enabling acts of violence and wanted persons or in

irregular situation in the national or private territory of your freedom;

b) The temporary seizure of weapons, ammunition, explosives and substances or

prohibited, dangerous or subject objects to administrative licensing

prior;

c) The carrying out of supervisory actions in establishments and other places

public or open to the public;

d) The actions of surveys or installation of safety equipment;

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e) The temporary closure of paiols, depots or arms factories or

explosives and their components;

f) The revocation or suspension of authorisations to the holders of the establishments

referred to in the preceding paragraph;

g) The temporary closure of establishments intended for the sale of arms

or explosives;

h) The cessation of business of companies, groups, organisations or associations

who are to be dedicated to terrorism or violent or highly violent crime

organized;

i) The inhibition of diffusion from radiocommunication systems, public or

private, and electromagnetic insulation or service bus

telephonic in certain spaces.

Article 29.

Principle of necessity

With the exception of the case provided for in Article 27 (2), the police measures are only

applicable in the terms and conditions provided for in the Constitution and in the law, where applicable

revele required, for the strictly indispensable time period to guarantee the

security and the protection of persons and property and provided there are fundata evidence of

preparation of criminal activity or serious or violent disturbance of the order

public.

Article 30.

Duty of identification

The non-uniformed police officers and officials who, under the law,

apply police measure or issue any order or legitimate warrant must

previously display proof of their quality.

Article 31.

Competence to determine the application

1-In the development of its internal security activity, the authorities of

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police can determine the application of police measures, in the framework of the

respective competences.

2-In cases of urgency and danger in the delay, the implementation of the police measures

provided for in Article 27 and in the paragraphs a) and b) of Article 28 can be determined by

agents of the forces and security services, in that case being

immediately communicated to the competent police authority in order to their

confirmation.

3-Saved in cases of urgency and danger in the delay, the implementation of the measures of

police provided for in the ( e) a h) of Article 28 is previously authorized by the judge

of instruction from the place where the police measure will come to apply.

Article 32.

Communication to the court

1-In the event that it has not been authorised under paragraph 3 of the preceding Article, the application

of the measures provided for in Article 28 is, under penalty of nullity, communicated to the court

competent in the shortest term, which cannot exceed 48 hours, and appreciated by the

judge in order to their validation within the maximum term of 8 days.

2-For the purposes of the preceding paragraph shall be competent the investigating judge of the

place where the police measure has been applied.

3-Cannot be used in criminal proceedings the evidence collected in the framework of

special measures of police that have not been the subject of prior authorization or

validation.

CHAPTER VI

Final provisions

Article 33.

Armed forces

The Armed Forces collaborate on internal security in the terms of the

Constitution and the Law, competing for the Secretary General of the Internal Security System

and to the Chief of the State-Major General of the Armed Forces to assure each other of

operational articulation.

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Article 34.

Abrogation standard

1-It is repealed Law No 20/87 of June 12, amended by Law No. 8/91 of April 1,

with the exception of Article 18 (3)

2-It is repealed the Decree-Law No. 61/88 of February 27, amended by the Decree-Law

n. 51/96 of May 16 and by the Decree-Law No. 149/2001 of May 7.

3-It is repealed the Decree-Law No. 173/2004 of July 21.

Article 35.

Entry into force

This Law shall come into force 30 days after the date of its publication.

Seen and approved in Council of Ministers of March 6, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs