PROPOSED LAW NO. 197 /X

Exhibition of Motives

The amendment of the Disciplinary Staff Regulations of Officials and Agents of the Central Administration,

Regional and Local, approved by the Decree-Law No. 24/84 of January 16, to which now

proceeds, takes place in a context of integration of the diploma that corporates it in the reform of the

legal regime-functional of workers performing public duties, in particular

with regard to the forms of linking and the career and remuneration regimes.

Such a purpose was, incidentally, expressed in the Motive Exposition of the proposed law on that

matter by referring that " ... the Disciplinary Statute shall be the subject of review and shall be applicable to

all employees of the Public Administration, with a cast of common duties and the

specifics that punctually justify themselves as to the disciplinary procedures and

as to the penalties applicable in each type of bond, derived from their nature ".

On the other hand, having been assumed in the already mentioned Exhibition Reasons that two of the

principles enformers of the new solutions would be the approach to the labour regime

common and " ... the increase in the managerial capacities of the leaders, with reinforcement of

management and accountability control mechanisms, of the need for

statement of reasons for acts of management and their transparency ", becomes a consequence

evident the need to make changes to the disciplinary regime of workers who

exercise public functions.

Therefore, the present proposal for a Disciplinary Statute is based on four purposes

fundamental:

 First, the suitability of the new regime on linking, careers and

remunerations, text that brings profound modifications to the situation currently in

vigour; ora, the disciplinary regime, not being the instrument capable of altering the

substance of the working regimes in the Public Administration, it cannot leave from

adapt to the changes that other diplomas will introduce, not least in

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matter of links; reason why it becomes applicable to all employees

who carry out public functions, whatever the modality of constitution of the

their legal relationship of public employment;

 Second, the approximation to the common labour regime; a such objective must

translate, in what the disciplinary matters concern, in an approximation in what

refers to the penalties and their respective measure, without forgetting the specificities of the service

public and, in particular, the pursuit of the public interest in respect for the

rights and legally protected interests of citizens;

 In third place, the projection of a view of the Public Administration that values

the role of leaders in the exercise of administrative management skills, in

the detriment of the traditional propensity to assign to the members of the Government a

high load of skills in this field; it is not in question to question the rule

constitutional that defines the Government as the top body of the Administration

Public (Article 182 of the CRP) but rather to accentuate that the Government is the organ of

political driving; ora, it is because of the weighting of the Government as a political body

and administrative that considers itself nuclear a prospect that tends to

to hold the leaders accountable and to unburden the members of the Government of the

current management responsibilities of the organs and services, which of all not to them

must fit;

 Finally, the "update" in the face of the movement of administrative modernization;

in fact, the Disciplinary Statute survives unchanged from 24 years ago; ora, to

in addition to it being subsequent to a major legislative acquis (Criminal Code, Code of

Criminal Procedure, Code of Civil Procedure, Code of Procedure

Administrative, Labour Code, Code of Procedure in the Courts

Administrative, specifically), also followed a movement of

simplification and acceleration of administrative procedures, avoiding and

combating bureaucracy, without prejudice to the safeguarding of individual rights (the

that, in disciplinary headquarters, is particularly sensitive, as is obvious); hence the

present proposal has confessed to pragmatic intent, simplification and the

introduction of mechanisms that impose speed on the tramway of the

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disciplinary procedures.

In this order of ideas, the main changes ora introduced are as follows:

 Consecration of the functional duty to inform the citizen, by opposition to the traditional

(and outdated) duty of secrecy, accompanying the alteration of the paradigm of the

exercise of public functions and legislation on access to information and the

administrative documents;

 Reduction of the limitation period for the right to institute disciplinary procedure,

which is going to be 1 year from the date of the offence or 30 days from its

knowledge by the hierarchical superior (close to the regime today beholdant to the

workers on individual work contract), with the causes of

suspension of such a deadline passes to be found conditioned by the observance

strictures of concerns aimed at ensuring speed in the march of proceedings;

 Innovative establishment of a maximum term of 18 months for the completion of the

disciplinary procedure;

 Reduction of the number of disciplinary penalties, having eliminated the loss penalties

of days of vacation, inactivity and compulsive retirement; with this elimination,

passes to exist, only, a penalty of moral, pecuniary, suspensive and

expelled, maintaining the cessation penalty of the service commission, either as

autonomous, either as an accessory, exclusively applicable to leading personnel;

 Reduction of the abstract frames of the fine and suspension penalties relatively

to the victors in the current Disciplinary Statute;

 Establishment of limits per offence and per year in the cases of application of the

fine and suspension penalties, adopting identical solution to the consecrated in the

Code of Labour;

 Reduction of the effects of penalties (elimination of the loss of the right to vacation, from the

impossibility of presentation to tender and placement in organ or service

distinguished), as they do not appear at a fair time and compatible with the new

measure of penalties;

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 Attribution to the maximum leaders of the bodies and services of the competence to

application of all disciplinary feathers superior to written reprimand, having

as a consequence that the competence of the members of the Government, in relation to

application of feathers, is limited to their application to those who directly

depend;

 Attribution of an indelegant character to the competence of the maximum leaders for

application of penalties;

 Definition of a special procedure-process of enquiries-

exclusively aimed at ascertaining whether two evaluations of negative performance

consecutive indictments indict the existence of a disciplinary offence which, on the limit,

lead to the resignation of the appointed worker or in commission of service in office

non-governing, to be determined in disciplinary procedure;

 Reduction of the periods of suspension of penalties, at the minimum limits (6 months and 1

year) and maximum (1 year and 2 years), distinguishing itself from the cases of the reprimand and the

fine, on the one hand, and of the suspension, on the other;

 Reduction of the limitation periods for disciplinary penalties, from the date on which

the decision became inimitable: 1 month for the written reprimand, 3 months for the

fine, 6 months for the suspension and 1 year for the dismissal, the dismissal by fact

attributable to the employee and the termination of the commission of service;

 Consecration of the rule of the apensation of processes, being that the criterion is always the

of the apensation to the proceedings that first has been instituted;

 Elimination of the duty to participate in disciplinary infringement;

 Reconduction of the procedure for lack of attendance to the disciplinary procedure

common;

 Elimination of the scheme of the offence directly found and of the probative value

of the news autos confirmed by two witnesses;

 Consecration of the prevalence of the role of instructor over all remaining tasks

of the appointed instructor, staying this exclusively adstrite to the instruction of the

process;

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 Introduction of an open clause on the causes of suspecting the instructor (" ...

when circumstance occurs because of which it can reasonably be suspected of the

your exemption and the righteousness of your conduct ...);

 Elimination of loss of exercise maturity in case of preventive suspension

of the accused;

 Reinforcement of the position of the lawyer constituted in the disciplinary procedure (v.g.,

with their participation in the interrogation of the accused, the possibility to apply for

psychiatric expertise and, in general, the exercise of all the powers inherent in the

representation);

 Admissibility, in the event of non-opposition of the accused, of intervention in the

disciplinary procedure in which an expulsive penalty can be applied, ora to

mere knowledge ora for issuing opinion, of the commission of workers and,

or, of the trade union association to which that belonging;

 Forecasting the expiry of the right of application of the penalty when the entity

competent do not profess the punitive decision within a reasonable time;

 Tutelary resource assurance of the decisions of the executive bodies of the services

integrated into the indirect administration;

 Possibility, in very restricted hypotheses (and far more restrictive than predicted

in the Labour Code), of the disciplinary procedure being renewed in the pendency

of its jurisdictional challenge with grounds in preterition of formality

essential;

 Attribution to the worker, whose expulsive penalty has been annulled or declared null

or non-existent by the court, of the possibility of option for an indemnity in

time of reintegration into the organ or service;

 Introduction of limitation periods of the processes of enquiries, with obvious

reflections on the limitation periods of disciplinary offences that they could

be ascertained and of the corresponding disciplinary procedures;

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 Reduction of defendants ' rehabilitation deadlines: 6 months in case of reprimand

writing, 1 year fine, 2 years of suspension and termination of the commission of service and

3 years of dismissal and dismissal on a fact attributable to the employee.

The governing bodies of the Autonomous Regions, the Association, were heard

National of Portuguese Municipalities and the National Association of Freguestics.

The procedures stemming from Law No. 23/98 of May 26 were observed.

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.

Subject

The Disciplinary Status of Workers who Exercise Public Functions is hereby approved,

henceforth designated a Statute, published in annex to this Law and which it is a part of

member.

Article 2.

Counting of deadlines

The time limits referred to in the Statute shall count in the terms provided for in the Code of

Administrative Procedure.

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Article 3.

Workers referred to in Article 88 (4) of the Law No. 12-A/2008 of 27 of

February

1-Without prejudice to the provisions of the following number, to the employees referred to in paragraph 4 of the

article 88 of Law No 12-A/2008 of February 27, the provisions of the Statute shall apply

how much to employees performing roles in the modality of contract work

in public functions.

2-The provisions of the h) of Article 18 (1) and in Articles 69 to 71 of the Staff Regulations shall be

extended to the workers referred to in Article 88 (4) of the Law No. 12-A/2008, of

February 27, to which the penalty of resignation applies.

Article 4.

Application in time

1-Without prejudice to the provisions of the following paragraphs, the Statute shall be immediately applicable

to the facts practiced, to the proceedings instituted and to the current penalties of execution in the

date of its entry into force, when its regime reveals itself, in concrete, more

favorable to the worker and better ensure his / her audience and defence.

2-The regime referred to in the preceding paragraph shall cover the normative provisions of the Statute

relating to functional duties, their violation and sanctioning, as well as to the

respective procedure, in particular with respect to the non-forecast of the

previously beholdant institute of the offence directly found.

3-The limitation periods of the disciplinary procedure and penalties, as well as those of

rehabilitation and the period referred to in Article 6º (4) of the Staff Regulations, counts from the

date of entry into force of the Statute, but they do not undermine the application of the deadlines

previously beholdant when they reveal themselves, in concrete, more favorable to the

worker.

4-The provisions of Article 6 (5) of the Staff Regulations shall not apply:

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a) To the processes of enquiry and syndication that are found to be instituted, in the

referring to the time limit there envisioned for its establishment;

b) To common disciplinary procedures that are found to be instituted, in what

refers to the time frame there envisionedfor its establishment.

5-A penalty of inactivity that is found to be proposed, applied or in the course of execution is

automatically converted to a suspension penalty, by its maximum limit:

a) Ceasing, or not applying to, the effects that it produced and that are not

produced by the suspension penalty; and

b) Immediately cease your execution when that limit already finds

hit or outdated.

6-A penalty of loss of vacation days that you find proposed, applied or in progress of

execution is converted, the application of the worker submitted within thirty

days counted from the date of entry into force of this Law, in penalty of a fine, by its

maximum limit.

7-A compulsive retirement penalty that will find itself proposed or applied but still

not executed determines the reassessment of the process, by whom it has proposed it or

applied, respectively, with a view to their maintenance or conversion in penalty of

suspension, with the effects each one should produce.

8-Cessa immediately the execution of the penalties and the production of the respective effects which if

find ongoing in respect of retired workers for separate reason from the

of the application of penalty of compulsive retirement, provided that such employees do not

have constituted new legal relationship of public employment.

9-The remaining feathers in running course, as well as all those who meet

suspended, even though they have been converted under the provisions of the figures

previous, cease such execution or suspension, yielding only the effects ora

predicted:

a) When they attain the maximum expected time limit; or

b) Immediately, when such a limit is already reached or overtaken.

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10-Cess the effects that are found to be produced by feathers already executed when

the corresponding feathers or those in which if they were to convert or by which

should be replaced, in the terms of the previous numbers, the non-foresters or the

produce by period that is found to be reached or surpassed.

11-Care the loss of the exercise salary, and is refunded the one that has been

lost, to the still uncondemned defendants who meet or have found

preventively suspended.

12-Regarding the processes that have already been referred for decision and in which this

has not yet been delivered, the following is observed:

a) It remains the previously beholdant competence for the application of penalties;

b) The period referred to in Article 55 (3) shall be taken as of the date of entry into

vigour of the Statute when the competent entity to punish understands ordering the

carrying out new representations or requesting the issuance of opinion, and still the non

has done;

c) The period referred to in Article 55 (4) shall be taken as of the date of entry into

vigour of the Statute when the competent entity to punish agrees with the

conclusions of the final report or if it finds expired the deadline that has marked

for realization of new representations or the fixation for issuing opinion.

13-The previously assigned processes for lack of assiduity are automatically

converts into common disciplinary processes.

14-The previously designated enquiries processes are automatically

converts into inquiry processes.

Article 5.

Abrogation standard

The Decree-Law No. 24/84 of January 16 is repealed.

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Article 6.

Remissions

The remissions of standards contained in legislative or regulatory acts for the Statute

Disciplinary approved by the Decree-Law No. 24/84 of January 16, consider themselves

carried out for the corresponding provisions of the Disciplinary Statute ora approved. ~

Article 7.

Entry into force

This Law shall come into force on the date of the beginning of the Agreement of the Contract of

Work in Public Roles approved pursuant to Article 87 of Law No. 12-A/2008,

of February 27.

Seen and approved in Council of Ministers of April 17, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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DISCIPLINARY STATUS OF WORKERS WHO EXERCISE

PUBLIC FUNCTIONS

Chapter I

Scope of application

Article 1.

Scope of subjective application

1-This Statute shall apply to all employees who carry out public duties,

regardless of the modality of constitution of the employment legal relationship

public under which they carry out their respective functions.

2-This Statute shall also apply, with the necessary adaptations, to the present

employees with the quality of employee or agent of legal persons who if

find excluded from their scope of purpose.

3-Except for the provisions of the previous figures the workers who own

special disciplinary status.

Article 2.

Scope of objective

1-This Statute shall apply to the services of the direct and indirect administration of the

State.

2-This Statute shall also apply, with the necessary adaptations,

in particular with regard to the competences in administrative matters of the

corresponding bodies of own government, to the services of regional administrations

and autardials.

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3-This Statute shall be still applicable, with the adaptations imposed by the observance of the

corresponding competences, the bodies and support services of the President of the

Republic, the Assembly of the Republic, the courts and the Public Prosecutor's Office and

respective bodies of management and other independent bodies.

4-A The applicability of this Statute to the external peripheral services of the State, or

relatively to workers recruited locally or to those who otherwise

recruited, in them exercise functions, does not affect the duration:

a) Of the standards and principles of international law that they have on the contrary;

b) Of the legal regimes that are locally applicable.

5-Without prejudice to the provisions of paragraph 2 of the preceding Article, this Statute shall not be

applicable to business public entities or support offices or the

members of the Government want of the holders of the bodies referred to in paragraphs 2 and 3.

Chapter II

Fundamental principles

Article 3.

Disciplinary offence

1-It is considered to be a disciplinary offence for the behaviour of the worker, by action or

omission, yet merely culpose, that violates inherent general or special duties

to the function he exercises.

2-Are general duties of employees:

a) The duty to pursue the public interest;

b) The duty of exemption;

c) The duty of impartiality;

d) The duty of information;

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e) The duty of zeal;

f) The duty of obedience;

g) The duty of loyalty;

h) The duty of correction;

i) The duty of assiduity;

j) The duty of punctuality.

3-The duty to pursue the public interest is to carry out and defend the interest

public, as defined by the competent bodies, in respect of the Constitution,

by the laws and the legally protected rights and interests of citizens.

4-The duty of exemption is to not remove any advantages, direct or indirect,

pecuniary or other, for you or the third party, of the functions it exercises.

5-The duty of impartiality consists in performing the functions with equidistance

regarding the interests with which it is confronted, without discriminating positive or

negatively any of them, in the perspective of respect for the equality of citizens.

6-The duty of information is to provide the citizen, in the legal terms, the information

that is requested, with caveat from that which, in those terms, should not be disclosed.

7-The duty of zeal is to know and enforce legal and regulatory standards and the

orders and instructions from the hierarchical superiors, as well as performing the functions of

agreement with the objectives that have been set and using the competences that

have been deemed appropriate.

8-The duty of obedience consists of acatar and fulfilling the orders of the rightful superiors

hierarchical, given in the object of service and with the legal form.

9-The duty of loyalty is to perform the duties with subordination to the

objectives of the organ or service.

10-The duty of correction is to treat with respect to the users of the organs or services

and the remaining workers and hierarchical superiors.

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11-Assiduity and punctuality duties consist of attending the service

regular and continuously and in the hours they are assigned.

Article 4.

Subjection to disciplinary power

1-All workers are disciplined to be accountable to their superiors

hierarchical.

2-The holders of the governing bodies of the services of the indirect administration are

disciplinarily responsible to the member of the Government who exercises the respective

superintendence or guardian.

3-Workers become subject to the disciplinary power since the acceptance of the appointment, the

conclusion of the contract or the possession, or from the legal beginning of functions when this

precedes those acts.

4-A termination of the legal public employment relationship or the change in the legal situation-

functional do not prevent punishment for offences committed in the exercise of the function.

Article 5.

Exclusion of disciplinary responsibility

1-It is excluded the disciplinary responsibility of the employee to act in the performance of

orders or instructions emanating from a hierarchical superior and in respect of

service, when beforehand they have claimed or required their transmission or

confirmation in writing.

2-Considering Illegal the order or instruction received, the worker makes expressly

mention of that fact when complaining or when asking for your transmission or confirmation by

written.

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3-When the decision of the complaint or the transmission or confirmation of the order or

written instruction do not take place within the time in which, without prejudice, the

compliance with these can be time-consuming, the communica worker, also in writing,

to its immediate superior, the exact terms of the order or instruction

received and from the claim or the application formulated, as well as the non-satisfaction of these,

then running the order or instruction.

4-When the order or instruction is given with mention of immediate fulfillment, and

without prejudice to the provisions of paragraphs 1 and 2, the communication referred to in the final part of the

previous number is carried out after the execution of the order or instruction.

5-Cesses the duty of obedience whenever the fulfillment of the orders or instructions

imply the practice of any crime.

Article 6.

Prescription of the disciplinary procedure

1-The right to institute disciplinary procedure prescribes past one year on the date

in which the offence has been committed.

2-It also prescribes when, known to the offence by any higher hierarchical,

the competent disciplinary procedure shall not be instituted within thirty days.

3-When the qualified fact as a disciplinary offence is also considered

criminal offence, apply to the right to institute disciplinary procedure the deadlines

of prescriptions set out in the criminal law.

4-Suspend the prescriptional term referred to in the preceding paragraphs, for a period until

six months, the initiation of process of syndication to the organs or services, as well as

the process of inquiry or disciplinary, even if not directed against the

worker to whom the prescription takes advantage, when in any of them come ascertaining-

if offences for which you are responsible.

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5-A The suspension of the prescriptional deadline only operates when, cumulatively:

a) The processes referred to in the preceding paragraph have been instituted in the thirty days

following the suspicion of the practice of disciplistically punishable facts;

b) The subsequent disciplinary procedure has been instituted in the thirty days

subsequent to the receipt of those processes, for decision, by the competent entity; and

c) On the date of the initiation of the procedures and procedure referred to in the paragraphs

previous, do not find yourself already prescribed the right to institute procedure

discipline.

6-The disciplinary procedure prescribes decorous eighteen months counted from the date on

which was instituted when, within that time, the defendant was not notified of the decision

final.

7-A The limitation of the disciplinary procedure referred to in the preceding paragraph shall be suspended

during the time in which, by force of jurisdictional decision or assessment

jurisdictional of any matter, the march of the corresponding process cannot

begin or continue to take place.

8-A prescription goes back to running from the day on which cesse the cause of the suspension.

Article 7.

Effects of pronunciation and sentencing in criminal proceedings

1-When the agent of a crime whose judgment is of the jurisdiction of the jury court

or the collective court is a worker to which the present Statute is applicable, the

court office by where to run the process, within twenty four hours

on the transit on trial of the dispatch of pronunciation or equivalent, delivery, by

Term in the autos, copy of such dispatch to the Public Prosecutor's Office, in order that this a

retarget to the organ or service in which the worker performs functions.

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2-Where a worker to which this Statute is applicable is condemned by the

crime practice, applies, with the necessary adaptations, the provisions of the number

previous.

3-A conviction in criminal proceedings is without prejudice to the exercise of disciplinary action when

the criminal offence constitutes also disciplinary infringement.

Article 8.

Facts that are liable to be considered criminal offence

When the facts are liable to be considered criminal offence, it gives

compulsorily news from them to the relevant prosecutor's office to promote the

criminal procedure, pursuant to Article 242 of the Code of Criminal Procedure.

Chapter III

Disciplinary feathers and their effects

Article 9.

Scale of the penalties

1-The penalties applicable to employees for the offences they commit are as follows:

a) Repreension written;

b) Fine;

c) Suspension;

d) Dismissal or dismissal by fact attributable to the employee.

2-The holders of leading and equal positions shall apply for the cessation of the

commission of service.

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3-It cannot be applied more than a penalty for each offence, for the offences

accumulated that are appreciated in a single process or by the offences appreciated

in apensic processes.

4-The penalties are always recorded in the individual worker's process.

5-The amnesties do not destroy the effects already produced by the application of the penalty being,

however, averaged in the individual process.

Article 10.

Characterization of feathers

1-A The sentence of written reprimand consists of mere repair for the practiced wrongdoing.

2-A penalty penalty is fixed in the right amount and cannot exceed the corresponding value to

six daily basis remunerations for each offence and a total value corresponding to the

base pay of ninety days per year.

3-A The suspension penalty consists of the complete removal of the worker from the organ or

service during the period of the penalty.

4-A suspension penalty varies between twenty-ninety days for each offence, at a maximum

of two hundred and forty days a year.

5-A The dismissal penalty consists of the ultimate removal of the organ or service of the

worker appointed, ceasing the legal relationship of public employment.

6-A penalty for dismissal on a fact attributable to the employee consists of the removal

definitive of the organ or service of the contract worker, ceasing the legal relationship of

public employment.

7-A The termination sentence of the commission of service consists of the compulsive cessation of the

exercise of official or equated post.

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Article 11.

Effects of feathers

1-disciplinary penalties shall produce solely the effects provided for in this Statute.

2-A suspension penalty determines, for as many days as many as those of its duration, the non

exercise of duties and the loss of the corresponding remunerations and the counting of the

service time for seniority.

3-A The application of the suspension penalty is without prejudice to the right of employees to the

maintenance, in the legal terms, of the benefits of the respective protection scheme

social.

4-The penalties for dismissal and dismissal by fact attributable to the worker matter

the loss of all the rights of the employee, save as to retirement or retirement

by old age, under the terms and conditions provided for in the law, but do not make it impossible to return

to perform functions in organ or service that do not require particular conditions of

dignity and trust that those of which he was fired or fired demanded.

5-A The termination sentence of the service commission implies the term of the office's exercise

leading or equated and the impossibility of exercise of any official post or

equated during the period of three years counted from the date of notification of the decision.

Article 12.

Penalties applicable in case of cessation of the legal public employment relationship

In the event of a cessation of the public employment legal relationship, the penalties provided for in points

b) a d) of Article 9 (1) are executed as long as the workers constitute new

legal employment legal relationship.

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Chapter IV

Disciplinary competence

Article 13.

General principle

The disciplinary competence of superiors always involves that of their hierarchical inferior

within the organ or service.

Article 14.

Competence for application of penalties

1-A application of the penalty provided for in the paragraph a) of Article 9 (1) is the competence of

all hierarchical superiors in relation to their subordinates.

2-A The application of the remaining penalties provided for in Article 9 (1) and (2) shall be of the jurisdiction

of the maximum officer of the organ or service.

3-Compete to the member of the respective Government for the application of any penalty to the

maximum leaders of the organs or services.

4-In local authorities, associations and federations of municipalities, as well as in services

municipalized, the application of the penalties provided for in Article 9º (1) and (2) shall be

competence, respectively, of the corresponding executive bodies, as well as of the

boards of directors.

5-In the district assemblies, the application of the penalties provided for in paragraphs 1 and 2 of Article 9º shall be

competence of the respective plenary.

6-A The competence provided for in paragraphs 1, 2, 4 and 5 is indelegant.

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Chapter V

Facts to which the penalties are applicable

Article 15.

Written reprimand

The written reprimand penalty is applicable for minor service offences.

Article 16.

Fine

The penalty of fine is applicable to cases of negligence or poor understanding of duties

functional, particularly to workers who:

a) Do not observe established procedures or make mistakes by

neglect, of which it does not result in injury relevant to the service;

b) Disobey the orders of the hierarchical superiors, without consequences

important;

c) Do not use correction for with hierarchical superiors, subordinates or

colleagues or for with the public;

d) For the defective fulfillment or unaware of the legal provisions and

regulatory or higher orders, demonstrate a lack of zeal for the service;

e) Do not make the communication referred to in Article 30 (6) of the Law No 12-A/2008,

of February 27.

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Article 17.

Suspension

The suspension penalty is applicable to employees who act with serious negligence or

with serious disinterest in the fulfillment of functional duties and those whose

behaviors attest to gravely against the dignity and prestige of the function,

particularly when:

a) Give wrong information the hierarchical superior;

b) Please compare to the service in drunkenness or under the effect of

narcotic drugs or equated drugs;

c) Exercise functions in accumulation, without authorization or in spite of unauthorized

or, still, when the authorisation has been granted on the basis of information or

elements, by them provided, that reveal themselves to be false or incomplete;

d) Demonstrate unaware of essential regulatory standards of the service, of the

what there is a result of damage to the organ or service or to third parties;

e) Dispense treatment of favour to a particular entity, singular or collective;

f) Omitating information that can or should be provided to the citizen or, with violation

of the law in force on access to information, reveal facts or documents

related to the administrative procedures, ongoing or completed;

g) Disobey outrageously, or in the face of the public and in open to the

even, to the higher orders;

h) Preshas false statements on the justification of misdems;

i) Violate the procedures of the evaluation of performance, including the affixing of

unmatched dates with the time of practice of the act;

j) Agridam, injuriate or disrespect severely superior hierarchical, colleague,

subordinate or third party, outside of the service places, for reasons relating to

the exercise of the functions;

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l) Receive funds, cover prescriptions or collect monies from which you do not pay bills

in the legal deadlines;

m) Violates, with serious guilt or dolo, the duty of impartiality in the exercise of the

functions;

n) Use or allow others to use or serve as any goods belonging to the

organs or services, whose possession or use is entrusted to them, for a different purpose

of that to which they are intended;

o) Violate the duties referred to in Article 30 (1) and (30) of the Law No. 12-A/2008, of

February 27.

Article 18.

Dismissal and dismissal by fact attributable to the employee

1-The penalties for dismissal and dismissal by fact attributable to the employee are

applicable in the event of an offence that would make it impossible to maintain the functional relationship,

particularly to workers who:

a) Agridam, injuriate or disrespect severely superior hierarchical, colleague,

subordinate or third, in service or at the service places;

b) Practise acts of serious insubordination or indiscipline or inciting to your practice;

c) In the performance of their duties, practise manifestly offensive acts of the

institutions and principles enshrined in the Constitution;

d) Practise or try to practise any act that lese or contravenes superiors

interests of the State in relation to international relations;

e) Go back to practice the facts referred to in points (c), (h) and (i) of the previous article;

f) Dolefully participate in disciplinary offence allegedly committed by another

worker;

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g) Within the same calendar year give five straight tales, or ten interpolated, without

justification;

h) Being appointed or, not being holders of leading or equal positions,

carry out their duties in service commission, commit repeated violation of the

duty of zeal, indicted in obtaining two evaluations of negative performance

consecutive despite the appropriate training frequency at the first

negative assessment;

i) Disclose information that, in the legal terms, should not be disclosed;

j) As a result of the function which they exercise, request or accept, direct or

indirectly, donations, gratuities, holdings in profits or other

heritage advantages, albeit without the end of accelerating or retarnating any

service or procedure;

l) Attend in offer or negotiation of public employment;

m) They are found in reach or diversion of public money;

n) Take part or interest, directly or by interposed person, in any

contract concluded or to be concluded by any organ or service;

o) With the intention of obtaining, for you or for third, illicit economic benefit,

fail to perform functional duties, not promoting timely the

proper procedures, or slugs, in legal business or by mere act

material, specifically by destruction, tampering or excervitation of documents

or by data addiction for informatics treatment, the heritage interests

that, in whole or in part, fulfils them, in the reason of their functions, to administer,

scrutinize, defend or carry out;

p) Consent to the exercise of any paid activity in the modalities that

are vetted to the workers who, placed in a mobility situation

special, find themselves in the enjoyment of extraordinary leave.

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2-Becoming unviable the maintenance of the functional relationship, the dismissable penalties and the

dismissal by fact attributable to the employee are still applicable to workers

which, by finding themselves in special mobility situation:

a) They exercise any paid activity outside the cases provided for in the Act;

b) In the enjoyment of extraordinary leave, exercise any gainful activity in the

modalities that are vetted with them.

Article 19.

Termination of the commission of service

1-A The termination penalty of the service commission shall apply, as a main title, to the holders of

leading and equal positions that:

a) Do not proceed disciplinarily against the workers their subordinates by the

offences of which they have knowledge;

b) Do not criminally participate in disciplinary offence of which they have knowledge

in the performance of their duties, which revised penal character;

c) They authorize, inform or omit information, regarding the

legal status-functional of workers, in violation of the norms that regulate

the legal relationship of public employment;

d) They violate the standards regarding the conclusion of service contracts.

2-A The termination sentence of the service commission is always applied as an accessorally to the

holders of leading and equal positions for any disciplinary offence punishin

with a penalty equal to or greater than that of fine.

Article 20.

Choice and measure of feathers

In the application of the penalties meet the general criteria set out in Articles 15 to 19, à

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nature, mission and assignments of the organ or service, to the office or category of the accused, to the

particular responsibilities inherent in the modality of your legal employment relationship

public, to the degree of guilt, to their personality and to all the circumstances in which the

infringement has been committed that militem against or in favour of it.

Article 21.

Circumstances drive

They are the driving circumstances of disciplinary responsibility:

a) The physical coaction;

b) The accidental and involuntary deprivation of the exercise of intellectual faculties in the

moment of the practice of the offence;

c) Self-defence, own or alhetry;

d) The non-exigency of diverse conduct;

e) The exercise of a right or the performance of a duty.

Article 22.

Special mitigating circumstances

They are special mitigating circumstances of the disciplinary offence:

a) The provision of more than ten years of service with exemplary behaviour and

zeal;

b) The spontaneous confession of the offence;

c) The provision of relevant services to the Portuguese people and to act with merit in

defence of freedom and democracy;

d) The provocation;

e) The well-intentioned acatation of order or instruction of superior hierarchical,

in cases where it was not due obedience.

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Article 23.

Extraordinary mitigation

When there are mitigating circumstances that substantially diminish the fault of the

argued, the penalty can be mitigated, applying for lower penalty.

Article 24.

Special aggravating circumstances

1-Are special aggravating circumstances of the disciplinary offence:

a) The determined will of, by the conduct followed, to produce harmful results

to the organ or service or to the general interest, regardless of whether these have

verified;

b) The actual production of results detrimental to the organ or service or interest

general, in cases where the accused could provide for such a consequence as effect

necessary of their conduct;

c) The premeditation;

d) The comparticipation with other individuals for their practice;

e) The fact that it has been committed during the performance of disciplinary punishment or

while decorated the period of suspension of the penalty;

f) The recidivism;

g) The accumulation of offences.

2-A premeditation consists of the disigning for the comortment of the offence, formed, by the

less, twenty-four hours prior to their practice.

3-A recidivism occurs when the offence is committed before a year has elapsed on

the day on which it has finalised the fulfilment of the penalty applied by virtue of infringement

previous.

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4-A accumulation occurs when two or more offences are committed on the same occasion

or when one is committed before it has been punished the previous one.

Article 25.

Suspension of penalties

1-The penalties provided for in points a) a c) of Article 9 (1) may be suspended when,

listening to the personality of the accused, to the conditions of his life, to his previous conduct

and subsequent to the infringement and the circumstances of this, if it concludes that the simple censorship of the

behavior and the threat of the penalty carry out adequately and sufficiently the

purposes of the punishment.

2-The time of suspension is not less than six months for the written reprimand penalties and

of a fine, and to one year, for the suspension penalty, nor more than one and two years,

respectively.

3-The times provided for in the preceding paragraph have been counted from the date of the notification to the

defendants of the respective decision.

4-A The suspension shall lapse when the employee comes into being, in his or her course, sentenced

again in disciplinary proceedings.

Article 26.

Prescription of penalties

Without prejudice to the provisions of Article 12 (1), the penalties shall prescribe to the time limits

following, counted from the date on which the decision became unimpeachable:

a) One month, for the penalty of written reprimand;

b) Three months, for the penalty of fine;

c) Six months, for the suspension penalty;

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d) One year, for the penalties for dismissal, of dismissal by fact attributable to the

worker and termination of the service commission.

Chapter VI

Disciplinary procedure

Section I

General provisions

Article 27.

Forms of process

1-The disciplinary process is common and special.

2-The special process applies in the cases expressly provided for in law and the common in

all cases to which it does not match special process.

3-Special processes regulate themselves by the provisions of them and, in the part

in them unforeseen, by the provisions relating to the common procedure.

Article 28.

Mandatory disciplinary process

1-The fine and higher penalties are always applied by preceding the clearance of the

facts in disciplinary proceedings.

2-A sentence of written reprimand is applied without process dependency, but with

hearing and defense of the accused.

3-A The defendant's application is lavished self from the representations referred to in the preceding paragraph,

in the presence of two witnesses by him indicated.

4-For the purposes of the provisions of paragraph 2, the accused shall have the maximum period of five days for,

wanting, producing your defense in writing.

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Article 29.

Competence for the establishment of the procedure

1-Without prejudice to the provisions of Article 40 (3), it shall be competent to establish or

to have to institute disciplinary procedure against the respective subordinates any

hierarchical superior, even if it is not competent to punish.

2-Compete to the member of the respective Government for the introduction of disciplinary procedure

against the maximum leaders of the organs or services.

Article 30.

Place of the establishment and change of organ or service pending the process

1-The disciplinary procedure is always instituted in the organ or service in which the

worker exerts duties at the date of the offence.

2-When, after the practice of a disciplinary offence or already pending the respective

process, the worker changes organ or service, the penalty is applied by the entity

competent at the date on which it has to be delivered decision, without prejudice to the

procedure to have been mandated to be established and to have been instructed in the framework of the organ or

service in which the accused exercised functions at the date of the offence.

Article 31.

Apensation of processes

1-For all the still unpunished offences committed by a worker is instituted

a single process.

2-Having been instituted various processes, they are all attached to the one that first

has been instituted.

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Article 32.

Argued in accumulation of functions

1-When, prior to the decision of a procedure, new

disciplinary procedures against the same worker for offence committed in the

performance of functions, in accumulation, in other organs or services, the new

procedures are attached to the former, by staying the instruction of all of them in charge of the

instructor of this.

2-A The introduction of disciplinary procedures is communicated to the organs or services in

that the worker performs duties, likewise by proceeding with respect to the

decision delivered.

Article 33.

Secret nature of the process

1-The disciplinary procedure is of a secret nature to the prosecution, and it may, however, be

provided to the accused, to his application, for examination, on condition of not divulging the

that of him const.

2-The rejection of the requirement referred to in the preceding paragraph shall be communicated to the

argued within three days.

3-Notwithstanding its secret nature, the passage of certificates is permitted when

intended for the defence of legally protected interests and in the face of application

specifying the end to which they are intended, and may be prohibited, under penalty of

disobedience, its publication.

4-A The passage of certificates is authorised by the instructor until the end of the defence phase of the

argued, being free when required by this one.

5-In the argument that divulge matter of a secret nature, in the terms of this article, it is

instituted, by that fact, new disciplinary procedure.

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Article 34.

Form of acts

The form of the acts, when it is not regulated by law, adjusts to the end that it has in view and

limits itself to the indispensable to achieve this purpose.

Article 35.

Constitution of lawyer

1-The defendants may constitute counsel at any stage of the proceedings, in the general terms

of law.

2-The lawyer exercises the rights that the law acknowledges to the accused.

Article 36.

Officious acts

In the missing cases, the instructor may adopt the arrangements that are afflicted with convenient

for the discovery of the truth, in accordance with the general principles of the process

penal.

Article 37.

Nulities

1-The nullity resulting from the lack of hearing of the accused in articles of

prosecution, as well as to the result of omission of any essential representations to the

discovery of the truth.

2-The remaining nullities consider themselves to be suppressed when they are not claimed by the

argued until the final decision.

3-From dispatch that indefencs the requirement for any probate representations rests

hierarchical resource or tutelar for the respective member of the Government, to be interacted in

period of five days.

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4-The appeal referred to in the preceding paragraph rises immediately on the autos itself,

considering proceeded when, within ten days, no decision is made

that expressly the defenseless.

Article 38.

Alteration of the legal situation-functional of the accused

The accused worker in disciplinary proceedings, yet suspended preventively, not

is barred from altering, in legal terms, its legal situation-functional,

specifically applying for concursal procedures.

Section II

Common disciplinary procedure

Subsection I

General arrangement

Article 39.

Start and term of the instruction

1-A The instruction of the disciplinary procedure starts at the maximum of ten days, counted from the

date of the notification to the instructor of the dispatch who sent him to institute, and ultima himself in the

period of forty-five days, only this time limit may be exceeded by order of the

entity that sent him to establish, under reasoned proposal of the instructor, in the cases

of exceptional complexity.

2-The term of forty-five days referred to in the preceding paragraph is account of the starting date

of the instruction, determined in the terms of the following number.

3-The instructor informs the entity that he has appointed him, as well as the accused and the

participant, from the date on which to start the instruction.

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4-The disciplinary procedure is urgent, without prejudice to the guarantees of hearing and defence

of the accused.

Subsection II

Process statement phase

Article 40.

Participation or complaint

1-All those who have knowledge that a worker has practiced infringement

discipline can participate in it to any hierarchical superior of that.

2-When it is found that the entity that received the participation or complaint does not have

competence to institute disciplinary procedure, those are immediately

referred to the competent entity for the purpose.

3-For the purposes of the provisions of the following number, when a worker leaves

attend the service, without justification, for five days straight or ten

interpolated, the respective hierarchical superior participates in the fact, immediately, to the

maximum leader of the organ or service.

4-The maximum leader of the organ or service may consider, from the disciplinary point of view,

justified the absence, determining the immediate filing of the participation, when

the worker makes proof of reasons that he considers attendant.

5-Verbal stakes or grievances are always reduced to written by whoever receives them.

6-When it concludes that participation is unfounded and dolly presented in the aim

of harming the worker or that contains defamatory or injurious matter, the entity

competent to punish participates in the fact criminally, without prejudice to the establishment of

disciplinary procedure when the participant is a worker to which the present

Statute is applicable.

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Article 41.

Order liminal

1-As soon as participation or complaint is received, the competent authority to establish

disciplinary procedure decides whether or not he / she should take place.

2-When you understand that there is no place the disciplinary procedure, the entity referred to in the

previous number sends to file the participation or complaint.

3-In the contrary case, instaure or determine that you urge disciplinary procedure.

4-When it has no competence for application of the penalty and understands that there is no place to

disciplinary procedure, the entity referred to in paragraph 1 subject to the matter the decision of the

competent entity.

Article 42.

Appointment of the instructor

1-A entity that instaure disciplinary procedure appoints an instructor, chosen from

between employees of the same body or service, holder of office or career or

category of functional complexity superior to that of the accused or, where impossible, with

superior seniority in the same post or in career or complexity category

identical functional or in the exercise of public functions, preferring those who possess

appropriate legal training.

2-In justified cases, the entity referred to in the preceding paragraph may request the

respective maximum leader the appointment of an instructor from another body or service.

3-The instructor can choose secretary of his / her trust, whose appointment competes with

entity that appointed him, and, well, to requisition the collaboration of technicians.

4-The instructional functions prefer to any others that the instructor has for his or her post,

staying exclusively adstrite to those.

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Article 43.

Suspecting of the instructor

1-The accused and the participant may deduce the suspecting of the instructor of the process

discipline when circumstance occurs because of which it can reasonably

be suspicious of your exemption and the righteousness of your conduct, specifically:

a) When the instructor has been directly or indirectly hit by the offence;

b) When the instructor is relative in the straight line, or up to the third grade on the line

collateral, of the accused, of the participant or of any worker or particular

offended, or from someone who, with the aforementioned individuals, lives in economics

common;

c) When the jurisdictional process is pending in which the instructor and the accused or

the participant are interveners;

d) When the instructor is a creditor or debtor of the accused or the participant or of

any of your relative in the straight line or up to the third grade on the collateral line;

e) When there is serious enmity or great intimacy between the defendants and the instructor

or between this and the participant or the offending.

2-A entity that has mandated to institute the disciplinary procedure decides, in

reasoned order, within the maximum period of forty-eight hours.

Article 44.

Precautionary measures

It is incumbent upon the instructor to take, since his appointment, the appropriate measures so that it is not

may change the state of the facts and documents in which it was discovered or is presumed to exist

some wrongdoing, nor to subtract the evidence from this.

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Article 45.

Preventive suspension

1-The defendants may be, on a proposal from the entity that has instituted the procedure

discipline or the instructor, and upon dispatch of the maximum officer of the organ or

service, preventively suspended from the exercise of its duties, without loss of the

base pay, until a decision of the procedure, but by term not exceeding ninety

days, whenever your presence proves inconvenient for the service or for the

clearance of the truth.

2-A suspension provided for in the preceding paragraph may only take place in the event of an infringement

punishable with a suspension penalty or higher.

3-A notification of the preventive suspension is accompanied by indication, yet

generic, of the offence or offences of whose practice the worker is argued.

Article 46.

Statement of the process

1-The instructor makes autuary dispatching with the participation or complaint and proceeds to the instruction,

listening to the participant, the witnesses by this nominee and the more than julgue

necessary, proceeding to examinations and further representations that can clarify the truth and

making joining the autos the certificate of disciplinary registration of the accused.

2-The instructor listens to the accused, the application of this and whenever he / she understands it convenient,

until it finishes the instruction, and it may also accompanies it with the witnesses or with the

participant.

3-During the instruction phase, the defendants may apply for the instructor to promote the

moves so that it has competence and considered by that essential to

clearance of the truth.

4-When the instructor judges sufficient proof produced, it may dismiss the application

referred to in the previous number.

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5-The representations that have to be made out of the place where the disciplinary process runs

may be requisitioned to the respective administrative or police authority.

6-During the instruction phase, and up to the drafting of the final report, can be heard, the

application of the accused, representatives of the trade union association to which the same

belong.

Article 47.

Witnesses in the instruction phase

1-At the stage of process instruction the number of witnesses is unlimited.

2-It shall apply to the respondent of witnesses the provisions of paragraphs 4 and 5 of the preceding Article.

Article 48.

Term of the statement

1-Completed the instruction, when the instructor understands that the facts set out in the autos

do not constitute disciplinary offence, which was not the accused the agent of the offence or

that it is not to require disciplinary liability by virtue of prescription or other

reason, elaborates, within five days, its final report, which immediately referred

with the respective process to the entity that has mandated it, with a proposal of

archiving.

2-In the contrary case, it deducts, articulately, within ten days, the charge.

3-A The indictment contains the indication of the integral facts of it, as well as of the

circumstances of time, mode and place of the practice of the offence and of those that integrate

mitigating and aggravating, always adding the reference to the legal precepts

respective and the applicable penalties.

39

Subsection III

Defence phase of the accused

Article 49.

Notification of the prosecution

1-From the charge to be extracted copy, within forty-eight hours, to be handed over to the

argued upon personal notification or, not being this possible, by registered letter

with acknowledging receipt, marking you a deadline between ten and twenty days for

present your written defence.

2-When notification in the terms of the preceding paragraph is not possible,

particularly as the whereabouts of the accused are unknown, notice is published in the 2 th

series of the Journal of the Republic , notifying you to present your defence within no time

less than thirty or more than sixty days, counted from the date of publication.

3-The notice shall only contain the mention that it is pending against the accused

disciplinary procedure and the deadline set to present its defence.

4-When the process is complex, by the number and nature of the offences or by

cover several defendants, and preceding authorization of the entity it ordered to institute

the procedure, the instructor may grant a term higher than that of paragraph 1, up to the limit of

sixty days.

5-When they are likely to apply for dismissal penalties, dismissal by

fact that is attributable to the worker or termination of the service commission, this when it is

accessory from those or, in any case, when the worker is not a holder of

legal relationship of public employment constituted in different modality, the copy of the

prosecution is also remitted, within the time referred to in paragraph 1, to the commission of

respective workers.

6-In the case referred to in the preceding paragraph, when the accused is trade union representative is

still remitted copy of the charge to the respective trade union association.

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7-A remittance of copy of the charge pursuant to paragraphs 5 and 6 has no place when the

argued to it if it has opposite in writing during the instructional phase.

Article 50.

Physical or mental disability

1-When the accused is incapacitated to arrange for his defence by reason of illness

or suitably proven physical disability, may appoint a representative

specially mandated for the effect.

2-When the accused may not exercise the right referred to in the preceding paragraph, the instructor

name him immediately a curator, preferring the person to whom he would compete for tutelage

in the case of interdiction, pursuant to civil law.

3-A The appointment referred to in the preceding paragraph shall be restricted to the disciplinary procedure,

may the representative use of all the means of defence provided to the accused.

4-When the instructor has doubts about whether the mental state of the accused the inhibiting of

arrange for your defence, calls for a psychiatric expertise in the terms of the article 6 of the article

159. of the Code of Criminal Procedure, applicable with the necessary adaptations.

5-A The realization of the psychiatric expertise may also be requested pursuant to paragraph 7 of the

article 159 of the Code of Criminal Procedure, applicable with the necessary adaptations.

Article 51.

Examination of the process and presentation of the defence

1-Without prejudice to the provisions of the following article, during the period for submission of the

defence, may the accused or its representative or curator referred to in the previous article,

as well as the counsel by any of them constituted, examine the proceedings to any

time of expedient.

2-A The answer is signed by the accused or by any of its representatives referred to

in the previous number and is presented in the place where the procedure has been

instituted.

41

3-When remitted by mail, the answer considers itself to be presented on the date of its

dispatch.

4-In the answer the accused exposes with clarity and conciseness the facts and the reasons for his defence.

5-A response that reveals or translates into strange offences to the prosecution, and that not

interest to the defense is autuated, from it extracting certificate that passes to be considered

as participation for effects of new procedure.

6-With the answer the accused can present the rol of the witnesses and piece together documents,

requiring also any representations.

7-A The lack of response within the marked deadline is worth as effective hearing of the accused

for all legal effects.

Article 52.

Trust of the process

The process can be entrusted to the lawyer of the accused, in the terms and under the comination

provided for in Articles 169 to 171 of the Code of Civil Procedure, applicable with the

necessary adaptations.

Article 53.

Production of the evidence offered by the accused

1-The representations required by the defendants may be refused in order of the instructor

when manifestly impertinent and unnecessary.

2-No more than three witnesses may be heard for each fact, and may those not

reside in the place where it runs the process, when the accused does not commit to

present them, be heard by request to any administrative authority.

3-The instructor may refuse the respondent of the witnesses when he considers

sufficiently proved the facts alleged by the accused.

42

4-A authority to whom the respondent is requested, pursuant to the final part of paragraph 2,

may designate ad hoc instructor for the required act.

5-The representations for the respondent of witnesses are always notified to the accused.

6-Applies to the respondent referred to in the final part of paragraph 2, with the necessary adaptations, the

in the provisions of Articles 111 and following of the Code of Criminal Procedure.

7-The lawyer of the accused may be present and intervene in the respondent of the witnesses.

8-The instructor inquire the witnesses and brings together the remaining proof elements offered

by the accused within twenty days, which may be extended, by order, until

forty days when they require the representations referred to in the final part of paragraph 2.

9-Finda the production of the evidence offered by the accused, may still order, in

dispatch, new representations that become indispensable for the complete

clarification of the truth.

Subsection IV

Final report phase

Article 54.

Final report of the instructor

1-Finda the defence phase of the accused, the instructor elabora, within five days, a

full final report and concise donde const the material existence of the phalts, their

qualification and gravity, importances that perhaps there is the repose and its fate, well

like the penalty you understand fair or the proposal for the autos to file for being

infact to prosecution, specifically by the inimitability of the accused.

2-A The competent entity for the decision may, when the complexity of the procedure o

require, extend the deadline set in the preceding paragraph up to the total limit of twenty days.

43

3-The process, after reported, is remitted within twenty-four hours to the entity

that has warrant it to be established, to which, when it is not competent to decide, the

sends within two days to whom it should utan the decision.

4-When the application of the dismissal penalties, dismissal by fact is proposed

attributable to the worker or termination of the service commission, this when it is

accessory from those or, in any case, when the worker is not a holder of

legal relationship of public employment constituted in different modality, the entity

competent for the decision presents the process, by full copy, to the commission of

workers and, when the accused is a union representative, to the trade union association

respective, which may, within five days, put together its reasoned opinion.

5-It is correspondingly applicable to the provisions of Article 49 (7)

Subsection V

Disciplinary decision phase and its implementation

Article 55.

Decision

1-Join the opinion referred to in paragraph 4 of the preceding Article, or the deadline for the effect,

being the case, the competent entity analyzes the process, agreeing or not with the

conclusions of the final report, and may order further representations, to be carried out at the deadline

that for such establish.

2-Prior to the decision, the competent body may request or determine the issue, in the

period of ten days, from opinion by the hierarchical superior of the accused or the

organic units of the organ or service to which the same belongs.

3-The order that orders the realization of new representations or that requests the issuance of

opinion is delivered within a maximum of thirty days, counted from the date of receipt of the

process.

44

4-A The decision of the procedure is always substantiated when not concordant with the

proposal formulated in the final report of the instructor, being delivered at the maximum

of thirty days, counted from the following dates:

a) From the reception of the proceedings, when the competent entity to punish concorde

with the conclusions of the final report;

b) From the expiry of the deadline that you mark, when you order new representations;

c) From the expiry of the deadline set for the issuance of opinion.

5-In the decision may not be invoked facts not set out in the charge or referred to

in the answer of the accused, except when they exclude, drive or mitigate their

disciplinary responsibility.

6-The failure to meet the time limits referred to in paragraphs 3 and 4 determines the expiry of the law

of applying the penalty.

Article 56.

Plurality of defendants

1-When several employees are argued for the same fact or facts among themselves

related, the entity that has the competence to punish the job worker or

career or category of superior functional complexity decides for all

the defendants.

2-When defendants are holders of the same office or career or category of

identical functional complexity, the decision rests with the entity that has the competence to

punishing the accused with superior seniority in the exercise of public functions.

Article 57.

Notification of the decision

1-A The decision is notified to the accused, observing, with the necessary adaptations, the

provisions of Article 49 para.

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2-A The entity that has decided the procedure may authorise the notification of the

defendants be probed for the maximum of thirty days when it deals with the penalty that

imply suspension or termination of duties on the part of the offender, provided that of the

implementation of the disciplinary decision will result in the most serious inconvenient service of the

that those arising from the permanence of the worker punished in the exercise of their

functions.

3-On the date on which the notification to the accused is made is also notified the instructor and the

participant, this since you have required it.

4-When the case has been filed in the terms and for the purposes of the provisions of the

n Article 54 (4), the decision shall also be communicated to the committee of employees and to the

trade union association.

Article 58.

Start of production of effects of feathers

Decisions that apply disciplinary feathers do not lack publication, starting with

to produce its legal effects on the day following that of the defendant's notification or, not

may this be notified, fifteen days after the publication of notice pursuant to paragraph 2 of the

article 49 para.

Subsection VI

Impugations

Article 59.

The impugatory means

The acts delivered in disciplinary proceedings may be challenged hierarchical or

tutelly, pursuant to articles 60 to 62 and the Code of Procedure

Administrative, or jurisdictionally, in accordance with Articles 63 to 65 and the Code of

Process in the Administrative Courts.

46

Article 60.

Hierarchical feature or tutelar

1-The defendants and the participant may interpose hierarchical or tutelary appeal of the

dispatches and decisions that are not of mere expedient proofed by the instructor

or by the hierarchical superiors of that.

2-The appeal interposes directly to the member of the Government within fifteen

days counted from the notification of the order or decision or of twenty days counted from the

publication of the notice referred to in Article 49 (2).

3-When dispatch or decision has not been notified or when it has not

has been published notice, the deadline is due to the knowledge of the dispatch or the

decision.

4-The hierarchical or tutelar resource suspending the effectiveness of dispatching or decision making

recurrates, except when your author considers that his or her immediate non-execution

causes serious injury to the public interest.

5-The member of the Government may revoke the decision of non-suspension referred to in the number

previous or take it when the author of the dispatch or the decision resorted to does not have

done.

6-In local authorities, associations and federations of municipalities, as well as in services

municipalized, there is no place the tutelar resource.

7-A penalty may be aggravated or replaced with more serious penalty only as a result of

feature of the participant.

Article 61.

Other means of proof

1-With the application for interposition of the appeal, the appellant may apply for new

means of proof or to piece together documents that understand convenient, as long as it does not

could have been required or used in due time.

47

2-The member of the Government may also determine the realization of further representations

probattories.

3-The representations referred to in the preceding paragraphs are authorised or determined in the

period of five days, they start in the same time frame and conclude on the deadline that the

member of the Government understand to set.

Article 62.

Regime of raising resources

1-Without prejudice to the provisions of Article 37 (4) and the following numbers, the resources

of dispatches or decisions that do not put an end to the procedure rise only

with that of the final decision, when she clips.

2-Sober immediately on the autos themselves the hierarchical or tutelary resources that,

staying retained, lose by that fact the useful effect.

3-Sobe immediately on the autos themselves the hierarchical feature or interposed tutelar of the

dispatch that does not admit the deduction of the suspecting of the instructor or not accept the

fundamentals invoked for the same.

Article 63.

Renewal of the disciplinary procedure

1-When the act of application of the penalty has been jurisdictionally challenged with

foundation in preterment of formality essential to the course of the disciplinary procedure,

the introduction of the disciplinary procedure may be renewed until the expiry of the term

to challenge the jurisdictional action.

2-The provisions of the preceding paragraph shall only apply when, cumulatively:

a) The period referred to in Article 6 (1) shall not still be elapsed at the date of

renewal of the procedure;

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b) The plea of the imputation was not previously appreciated in appeal

hierarchical or tutelary that has been rejected or undismissed; and

c) It is the first time to object to the renewal of the procedure.

Article 64.

Effects of invalidity

1-When it was jurisdictionally annulled or declared void or non-existent the act

of the application of the dismissal penalties, dismissal by fact attributable to the

worker or termination of the service commission, this when it is ancillary to those

or, in any case, when the employee is not the holder of legal relationship of

public employment constituted in different modality, the organ or service is

doomed:

a) To indemnify the worker for all damages, patrimonial and non-patrimonial,

caused;

b) To the payment of a compensation to the employee, determined in the terms of the

following numbers; and

c) To the reconstitution of the current hypothetical-functional situation of the worker.

2-For the purposes of the provisions of the paragraph b) of the previous number, the worker is entitled to

receive the remuneration that it has ceased to earn from the date of production of effects of the

act of application of the penalty up to the transit on trial of the jurisdictional decision.

3-To the amount ascertained in the terms of the preceding paragraph the importances that

the employee has demonstrably obtained with the cessation of the legal relationship of

public employment and that it would not receive if it were not for the applied penalty.

4-The amount of unemployment benefit eventually earned by the employee is

deducted in the compensation, owing the organ or service to deliver this amount to the

social security.

5-It is further deducted in the compensation the amount of the remuneration for the period

elapsed from the date of production of effects of the act of application of the penalty up to thirty

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days before the date of its jurisdictional challenge, when the latter did not take place

in the thirty days subsequent to that date of production of effects.

Article 65.

Compensation in replacement of the reconstitution of the situation

1-When it was jurisdictionally challenged the act of application of the penalties of

dismissal, dismissal on a fact attributable to the employee or cessation of the

commission of service, this when it is ancillary to those or, in any case, when

the employee is not a holder of a public employment legal relationship constituted in

different modality, the worker, up to the date of the jurisdictional decision and in the hypothesis of

this nullifying or declaring null or non-existent that act, may opt, in alternative to the

reconstitution of its legal situation-current hypothetical functional, by the receipt of

an indemnity.

2-In the absence of a tool of collective labor regulation to the contrary, the

compensation has the following cumulable amount:

a) From a monthly base remuneration for each full year, or respective

proportion in the case of fraction of year, of exercise of public functions, when the

penalty to be that of dismissal or dismissal on a fact attributable to the employee;

b) From a monthly base remuneration for each full month, or respective

proportion in the case of fraction of month, which were to be missed for the term of the commission of

service, when the penalty is the termination of the commission of service.

3-The time elapsed from the date of production of effects of the penalty to the transit in

trial of the jurisdictional decision is considered to be the exercise of public functions for the

effects of the provisions of the paragraph a) of the previous number.

4-In any case, the compensation referred to in paragraph a) of paragraph 2 is not less than six

monthly base remuneration and the one referred to in para. b) from the same number to three.

5-Carried Out the option under the previous figures, the court condemns the organ or

service accordingly.

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Section III

Special disciplinary procedure

Subsection I

Processes of inquiry and syndication

Article 66.

Survey and syndication

1-The members of the Government and the maximum leaders of the bodies or services may

order enquiries or syndications to the organs, services or organic units in your

dependency or subject to its superintendency or guardian.

2-The survey has an end to establish determined facts and syndication is intended for a

general enquiries about the functioning of the organ, service or organic unit.

Article 67.

Advertisements and edials

1-In the process of syndication, the syndicate, as soon as it starts, fates it in by

advertisements published in two newspapers, one of national expansion and another of expansion

regional, and by means of editais, whose affixing is requested to the police authorities or

administrative.

2-In announcements and editations it declares that the whole person who has reason of complaint or of

aggravation against the regular operation of organs, services or organic units

syndicates whether it can present to the syndicate, at the designated time frame, or to it

complaint in writing and by mail.

3-A The written complaint contains the full elements of identification of the complainant.

4-Within forty-eight hours after the receipt of the complaint, the syndicate notifies the

complainant, marking it day, time and place to provide statements.

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5-A The publication of the advertisements by the press is mandatory for the periodicals to be

remitted, applying, in the case of refusal, the penalty corresponding to the crime of

qualified disobedience, being the expense to which give cause documented by the

syndicate, for the purpose of payment.

Article 68.

Report and subsequent tramits

1-Completed the instruction, the respondent or trade unionist elaborates, within ten days, his / her

report, which immediately referred to the entity that ordered to institute the procedure.

2-The time limit set in the preceding paragraph may be extended by the entity that sent

to institute the procedure up to the maximum, imextendable, thirty-day limit when the

complexity of the process justifies it.

3-Checking the existence of disciplinary offences, the entity that instigated the

procedures instaura the disciplinary procedures to which there is place.

4-The process of inquiry or syndication may constitute, by decision of the entity

referred to in paragraph 2, the stage of instruction of the disciplinary procedure, deducting the instructor, in the

term of forty-eight hours, the prosecution of the accused or the defendants, following the

too much terms provided for in this Statute.

5-In the process of inquiry the target employees may, at all times, constitute

lawyer.

Subsection II

Process of enquiries

Article 69.

Introduction

1-When a worker appointed or, not being a holder of a governing office or

equated, which carries out its duties in service commission has obtained two

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evaluations of consecutive negative performance, the maximum governing body or

mandatory instaura service and immediately process of enquiries, without prejudice

of the decisions it should make as to the professional development plan and the

better harnessing the abilities of the worker, identifying, for the purpose, the

corresponding training needs.

2-The process of enquiries is intended to establish whether the performance that warranted those

assessments constitute disciplinary offence attributable to the employee assessed for violation

culposon of functional duties, specifically of the duty of zeal.

3-It is cause of exclusion from culpability of the violation of functional duties to no

training frequency, or the frequency of inadequate training, at the first

negative assessment of the worker.

4-The procedure of enquiries prescribes three months counted from the date on

which was instituted when, within that time, the receipt of the report has not taken place

final by the competent entity.

5-It is correspondingly applicable to the provisions of paragraphs 7 and 8 of Article 6.

6-When, in the process of enquiries, evidence of violation of others is found

functional duties by any actors in the evaluation processes of the

performance, the instructor participates in them to the maximum officer of the organ or service to

effects of possible prosecution of the corresponding procedure of inquiry or

discipline.

Article 70.

Tramway

1-The maximum leader of the organ or service appoints the fact-finding of between leaders who,

preferentially, have never assessed the worker.

2-The fact-finding brings together all the documents relating to assessments and training

frequented and listens, obligatorily, the worker and all the evaluators who have

has had intervention in the negative evaluations.

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3-When any evaluator cannot be heard, the fact-finding justifies

circumstantily that fact in the final report referring and documenting,

specifically, all the representations made to achieve this.

4-The worker can indicate the maximum of three witnesses, which the enquent hears

compulsorily, and join documents up to the term of the instruction.

5-All instructional representations are completed within the maximum period of twenty days

numbered on the date of the initiation of the procedure, which is communicated to the leader

maximum of the organ or service and the worker.

Article 71.

Report and decision

1-Within ten days numbered by the date of completion of the instruction, the enquent

elabates the reasoned final report, which refers to the maximum body leader or

service, in which you can propose:

a) The filing of the process, when it understands that there should be no place to

disciplinary procedure for the absence of violation of functional duties;

b) The introduction of disciplinary procedure for violation of functional duties.

2-When the maximum leader of the organ or service has been one of the evaluators of the

worker, the process is remitted to the member of the Government for decision.

3-The provisions of the preceding paragraph shall not apply in local authorities, associations and

federations of municipalities, as well as in municipalized services.

4-It shall apply to the process of enquiries, with the necessary adaptations, the provisions of

n. paragraphs 4 and 5 of Article 68 para.

5-Proposal to establish disciplinary procedure, the offence or offences

consider themselves to be committed, for all legal purposes, specifically those provided for in the

article 6, on the date of that proposal.

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Subsection III

Review of the disciplinary procedure

Article 72.

Requirements of the review

1-A review of the disciplinary procedure is admitted, at all time, when if

check circumstances or means of evidence likely to demonstrate the absence

of the facts that determined the conviction, as long as they could not have been used

by the worker in the disciplinary procedure.

2-A simple illegality, of form or background, of the procedure and of the decision

disciplining does not constitute grounds for the review.

3-A review may lead to the revocation or alteration of the decision handed down in the

revised procedure, may not in any case be aggravated the penalty.

4-A pendency of hierarchical or tutelary appeal or of jurisdictional action is without prejudice to the

application for revision of the disciplinary procedure.

Article 73.

Legitimacy

1-The person concerned in the review of the disciplinary procedure or, in the cases provided for in paragraph 1

of Article 50, its representative, submits an application in that direction to the entity

that has applied the disciplinary penalty.

2-The requirement indicates the circumstances or means of evidence not considered in the

disciplinary procedure that the applicant appears to justify the review and is instructed

with the indispensable documents.

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Article 74.

Decision on the application

1-Received the application, the entity that has applied for the disciplinary penalty resolves, in the

period of thirty days, whether or not the review of the procedure should be granted.

2-The dispatch that does not grant the review is challenging under the Code of

Process in the Administrative Courts.

Article 75.

Trames

When the review is granted, the application and the dispatch are apt to the proceedings

discipline, appointing different instructor of the first, which marks the worker deadline

not less than ten or more than twenty days to reply in writing to the articles of the

constant prosecution of the procedure to be reviewed, following the terms of the articles 49 and

following.

Article 76.

Effect on compliance with the sentence

The procedure for reviewing the procedure does not suspend compliance with the penalty.

Article 77.

Effects of the proceeded review

1-Judging from the review, the decision is revoked or amended to the

revised procedure.

2-A The revocation produces the following effects:

a) Cancellation of the record of the penalty in the individual employee's process;

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b) Cancellation of the effects of the penalty.

3-In the event of a revocation or alteration of the terms of dismissal or dismissal by

fact that is attributable to the worker, the employee is entitled to re-establish the relationship

legal for public employment in the modality in which it was constituted.

4-In any case of revocation or alteration of penalty, the worker has yet

right to:

a) Reconstitute the legal situation-current hypothetical functional;

b) Be indemnified, in the general terms of law, for moral and patrimonial damage

suffered.

Section IV

Rehabilitation

Article 78.

Applicable regime

1-Workers who are convicted in any penalties can be rehabilitated

regardless of the review of the disciplinary procedure, being competent for the

effect the entity with competence for the application of the penalty.

2-A rehabilitation is granted to those who have earned it for their good conduct, and may

interested to use to substantiate all the means of proof admitted in law.

3-A rehabilitation is required by the worker or his / her representative, decorated the

following deadlines on the application of the written reprimand penalties, dismissal,

dismissal by fact attributable to the employee and cessation of the commission of service or

on compliance with the penalties for fine and suspension, as well as on the course of the

time of suspension of any penalty:

a) Six months, in the case of written reprimand;

b) One year, in the case of fine;

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c) Two years, in the case of suspension and termination of the commission of service;

d) Three years, in the case of dismissal and dismissal by fact attributable to the

worker.

4-A rehabilitation makes cessation of incapacities and too much effects of conviction yet

there remain, being recorded in the individual employee process.

5-A The grant of rehabilitation does not ascribe to the worker to whom a punishment has been applied

of dismissal or dismissal on a fact attributable to the employee the right to, by

that fact, re-establish the previously constituted public employment legal relationship.

Chapter VII

Fines

Article 79.

Fate of fines

Without prejudice to the provisions of the following article, the fines imposed in the terms of the present

Statute constitutes revenue of the State.

Article 80.

Other destinations of the fines

The importance of the fines imposed constitutes revenue from the organs or services referred to us

n. paragraphs 2 and 3 of Article 2 when the worker, at the time of the practice of the offence, in them

exercise duties, whatever your legal situation-functional on the date of application

of the penalty.

Article 81.

Non-voluntary payment

1-When the accused convicted in a fine or in the reposition of any amount not the

pay within thirty days counted from the notification, or do not use, in respect of

fine or to the reposition, the faculty provided for in Article 38 of the Decree-Law No. 155/92, of

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July 28, the respective importance is discounted in the remuneration that is due.

2-The discount provided for in the preceding paragraph is carried out in monthly installments that do not

exceed the sixth part of the remuneration, the second decision of the entity which applied the

penalty, to which it sets the value of each benefit.

Article 82.

Execution

1-The provisions of the preceding Article shall not prejudice, where necessary, the implementation, which follows

the terms of the tax enforcement process.

2-The executive title is the certificate of the sentencing decision.