Approves The Internal Security Act

Original Language Title: Aprova a Lei de Segurança Interna

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445344e4331594c6d527659773d3d&fich=ppl184-X.doc&Inline=false

1 PROPOSAL of law No. 184/X explanatory memorandum this proposal of Law arises as a result of the resolution of the Council of Ministers No. 45/2007, of 19 March. This resolution has undertaken to promote the change of the Internal Security Act, in order to create an internal security system that matches the picture of risks typical of the current historical cycle. So, looking for meet serious crime phenomena, mass and violent, highly organized, transnational – especially dedicated to trafficking of narcotic drugs and psychotropic substances, persons and weapons – and financial and economic (including corruption, trafficking in influence and money laundering), as well as to sabotage, espionage and terrorism. In paragraph 3 of article 1 introduces a strategic concept of homeland security based on these criminal phenomena and the prevention of serious accidents or disasters and in defense of the environment and public health. Such a concept does not replace, however, a more abstract concept of Homeland Security tend to defend, order, security and public tranquillity, the protection of persons and property, the prevention of crime in General and the protection of democratic institutions, human rights, freedoms and guarantees of citizens and democratic legality, which remains enshrined in paragraph 1 of article 1. On the other hand, several amendments correspond to legislative updates. Fit, within this framework, the references to the framework law of criminal policy and laws on criminal policy, the concepts of employee within the meaning of the criminal code and of terrorism, violent crime, especially violent or highly organized under the code of criminal procedure and the organic laws of the forces and the security services.

The internal security system continues to include the Homeland Security Council. In this Board are seat the Secretary-General of the Information System of the Republic of Portugal-Office that did not exist until the entry into force of the organic law No. 4/2004, of 6 November – and the Director-General of prison services, in view of the importance of the role that the prison system takes in terms of prevention and criminal investigation. Also the Chief of General staff of the armed forces is part of the Council, considering the joints that are justified by law 2. In addition, the Attorney General of the Republic also participates in the meetings, for your initiative or by invitation. To promote a more effective participation of the Parliament in the definition of internal security policies, which are national measures, it is expected that two members have seat at Top of Homeland Security Council. These two members are appointed by the Assembly of the Republic by a two-thirds majority of members present, since higher than the absolute majority of the members in effectiveness of functions. Finally, whenever deemed convenient, Ministers who oversee the criminal police bodies of specific competence, as well as the respective maximum leaders, are invited to attend the meetings. This enlarged composition allows the Council to give a global and integrated response to new threats to internal security. There is still, in direct dependence of the Prime Minister, the post of Secretary General. However, the Secretary-General is now equated with Secretary of State and your appointment is preceded by parliamentary hearing. It is an appreciation of the position that meets homeland security coordination responsibilities – identical in importance, to fall to the Secretary-General of the Information System of the Portuguese Republic. On the other hand, as already happens today, the Secretary General is appointed and dismissed by the Prime Minister, requesting, for this purpose, a joint proposal of the Ministers of Internal Affairs and justice. The Prime Minister also continues to power, as envisaged at present, delegate your competence regarding General Secretary Minister of internal affairs.

Remains also the post of Deputy Secretary-General, which shall be deemed the holder of Office of superior direction of 1st degree. Also the Assistant Secretary General is appointed and dismissed by the Prime Minister, upon proposal of the Ministers of Internal Affairs and justice. However, in this case, requires the prior hearing of the Secretary General, who may delegate powers to the Deputy Secretary-General and is replaced by him in his absences and impediments. To cope with the threats to homeland security, the Secretary-General has a set of differentiated skills: coordination, management, control, and operational command. Within the framework of its powers of coordination, the Secretary-General sets out the mechanisms of coordination between the various forces and security services, with international counterparts and foreign bodies and with all 3 peripheral systems, public and private, that are relevant in the area of security. In the field of its competences, the Secretary General has powers of organization and administration, logistics and services, operating systems, technological means and other common resources of the forces and the security services. In terms of its powers of scrutiny, the Secretary General has powers of articulation of the forces and the security services, through the respective maximum leaders, in high-risk events or incidents-serious Police Tactical involving joint and combined action. Finally, in extraordinary situations, determined by the Prime Minister, after a reasoned communication to the President of the Republic, such as terrorist attacks or serious accidents or disasters that require joint and combined intervention of different forces and security services and civil protection, these are placed under the operational command of the Secretary-General, through its leaders.


The Secretary-General's powers are exercised in accordance with the plan of coordination, control and operational command of the forces and the security services, approved by the Council of Ministers, on a proposal from the Prime Minister. Are sitting in the Office of the Security Coordinator, Secretary-General of the Information System of the Portuguese Republic and the maximum leaders of the integrated system of Protection and relief operations and the Directorate-General of prison services. In this way, the Office can respond more effectively to the challenges of coordination if you put. Is the Office Coordinator of security that continues to possess powers of advice and consultation on matters of Homeland Security. It is, thus, to promote the realization of studies concerning the internal security and operation of the forces and the security services. Their skills remain, in fact, unchanged, and only, Additionally, to give an opinion on the laws of programming facilities and equipment of the security forces, provided for in law No. 61/2007 of 10 September. District safety coordinators offices, created by Decree-Law No. 149/2001, of May 7, are not subject to any change. To your existence continues to be justified to extend the district level coordination of the activity of the forces and the security services. Are created the offices of engineers autonomous regions of the Azores and Madeira, chaired by the Secretary-General of the internal security system incorporating a representative of 4 Regional Government and regional officials by the forces and security services. Already with regard to police measures, new figures are added: the temporary interdiction of access and movement and evacuation or temporary abandonment of premises or means of transport.

Special police measures, subject to legal, validation can affect fundamental rights, are search and precautionary magazine, supervisory measures in establishments and other public places or open to the public, the survey measures or installation of safety equipment, the inhibition of the broadcast from radio systems, public and private , and electromagnetic isolation or the telephone service bus in certain spaces. The system of police measures is denser, so as to ensure full respect for the rights, freedoms and guarantees. So, these are only applicable in the terms and conditions contained in the Constitution and in the law, whenever necessary, for the period of time strictly necessary to guarantee the safety and protection of persons and property and provided that there is evidence of criminal activity preparation founded or serious or violent disturbance of public order. Regarding the determination of police measures, are distinguished from the cases of exclusive competence of the police authorities of situations of urgency and danger in delay, in that the implementation of some measures can be determined by forces and agents of the security services and should in that case be communicated to the competent police authority in order to your confirmation. In addition, the implementation of temporary closure of any withdrawal or suspension of authorisations and the cessation of activity of companies, groups, organizations or associations is authorized in advance by the judge of criminal instruction where the police measure will be applied, except in cases of urgency and danger in delay. Finally, determines that the special police measures which have not been previously authorised must be communicated to the competent court at the earliest opportunity, which may not exceed 48 hours, and appreciated by the judge of criminal instruction within 8 days, under penalty of nullity. In this way, the evidence collected in the framework of police measures which have not been the subject of prior authorization or validation cannot be used in criminal proceedings. 5 Should be promoted to hearing of the Government organs of the autonomous regions themselves. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General principles article 1 definition and homeland security purposes 1-internal security is the activity developed by the State to ensure the order, safety and public tranquility, protecting people and property , prevent and suppress crime and help to ensure the normal functioning of democratic institutions, the regular exercise of the fundamental rights, freedoms and guarantees of citizens and respect for democratic legality. 2-the business of Homeland Security carries out in accordance with the Constitution and the law, including criminal law and criminal procedure, the criminal policy framework law, the laws on criminal policy and the organic laws of the forces and the security services. 3-the measures provided for in this Act are intended, in particular, to protect the life and integrity of persons, the public peace and the democratic order, in particular against terrorism, violent or highly organized crime, sabotage and espionage, prevent and react to serious accidents or disasters, defending the environment and preserve public health.

Article 2 guiding principles 1-internal security activity is guided by the observance of the principles of the democratic rule of law, human rights, freedoms and guarantees and general rules. 2-police measures are provided for in the law, and should not be used beyond the strictly necessary and obeying the demands of adequacy and proportionality 6. 3-the law establishes the system of forces and security services, and organization of each one of them unique to the entire national territory.

Article 3 internal security policy the internal security policy consists of the set of principles, objectives, priorities, orientations and measures for achieving the purposes set out in article 1 article 4 territorial scope


1-internal security develops throughout the space subject to the jurisdiction of the Portuguese State powers. 2-within the framework of the international commitments and the rules of international law, the forces and the security services can act out of space referred to in the preceding paragraph, in cooperation with bodies and services of foreign States or international organisations of which Portugal is part, in order, in particular, the development of the area of freedom, security and justice in the European Union.

Article 5 General and Special Duties of cooperation 1-the citizens have a duty to cooperate in pursuing the purposes of internal security, fulfilling the preventive provisions laid down in the law, accepting orders and warrants and authorities not legitimate obstructing the normal exercise of the powers of officials and agents of the forces and the security services. 2-employees, within the meaning of the criminal code, and the military has the special duty of collaboration with the forces and security services, in accordance with the law. 3-Without prejudice to the duty of complaint provided for in the code of criminal procedure, employees, within the meaning of the criminal code, and the military has a duty to report promptly to the 7 forces and competent security services the facts of which they are aware, in the course of their duties, and because of them, relating to the preparation or execution of facts that could be classified as crimes of terrorism violent crime, particularly violent or highly organized, under the code of criminal procedure, sabotage or espionage.

Article 6 coordination and cooperation of the security forces 1-forces and the security services exercise your activity in accordance with the principles, objectives, priorities, orientations and measures of internal security policy and under their organic framework. 2-Notwithstanding the previous paragraph, the forces and the security services cooperate among themselves, in particular by reporting that, no matter just to achieve the specific objectives of each of them, are necessary for the achievement of the other purposes while safeguarding the statutory secrecy of Justice and the State secret.

CHAPTER II internal security policy article 7 Assembly of the Republic 1-the Parliament contributes, by exercising your political, legislative and financial competence, to frame the internal security policy and to monitor your running. 2-the opposition parties represented in Parliament have the right to be consulted by the Government in relation to the general orientation of the internal security policy. 3-the Assembly of the Republic enjoys an annual report to be submitted by the Government until March 31, about the country's situation with regard to internal security, as well as on the activity of the security forces and services developed in the previous year. 8 article 8 1 Government-homeland security policy is, under the Constitution, the competence of the Government. 2-the Council of Ministers: the) Set the outlines of internal security policy and the guidelines on your execution; b) Program and ensure the means to assist the implementation of internal security policy; c) approve the coordination plan, operational command and control of forces and security services and ensure your normal functioning; d) Fix, pursuant to law, the rules of classification and control of movement of official documents and accreditation of persons who are to have access to classified documents.

Article 9 1-Prime Minister the Prime Minister is politically responsible for the internal security policy, competing him, namely: a) to inform the President of the Republic on the matters relating to the conduct of internal security policy; b) Convene the Supreme Council of Homeland Security and preside over its meetings; c) propose to the Council the coordination plan, operational command and control of forces and security services; d) inter-ministerial activity with a view to Driving adoption of the appropriate measures to safeguard internal security; and coordinate and guide action) of the members of the Government in matters of internal security; f) to appoint the Secretary General of the internal security system, through joint proposal of the Ministers of the Interior and of Justice, after hearing the 9-designate in the Committee; g) to appoint the Deputy Secretary-General of the internal security system, through joint proposal of the Ministers of Internal Affairs and justice, heard the Secretary-General. 2-the Prime Minister may delegate, in whole or in part, the powers referred to in paragraph 1 (b)) and (d)) of the previous paragraph in the Minister of internal affairs. 3-dimanarem of the Prime Minister, pursuant to paragraph 1, the measures for the coordination and cooperation of the security services and forces dependent on different ministries are agreed between the Minister of Internal Affairs and the relevant Ministers.

Article 10 autonomous regions measures the coordination and cooperation of the security services and forces dependent on different ministries, applied in the autonomous regions, should be implemented without prejudice to the powers of the representative of the Republic and of the Government of the region.

CHAPTER III article 11 internal security system system of Internal Security Organs the organs of internal security system are the Homeland Security Council, the Secretary-General and the Security Coordination Office.

Article 12 Nature and composition of the Board of Governors of Homeland Security


1-the Board of Governors of Homeland Security is the interministerial organ of hearing and consultation in the field of internal security. 2-the Internal Security Council is chaired by the Prime Minister and his part 10: a) The Deputy Prime Ministers, if any; b) Ministers of State and the Presidency, if any; c) the Ministers of Internal Affairs, justice, national defence, finance and public works, transport and communications; d) the Presidents of the regional Government of the Azores and Madeira; and) the Secretaries-General of the internal security system and Information System of the Portuguese Republic; f) Chief of General staff of the armed forces; g) two members appointed by the Assembly of the Republic by a two-thirds majority of members present, since higher than the absolute majority of the members in effectiveness of functions; h) the Commander-General of the National Republican Guard, the national directors of the Public Security Police, the judicial police and the Foreign and Frontiers Service and the Director of the Information Security Service; I) National Maritime Authority; j) responsible for Aeronautical Authority system; l) responsible for the Integrated System of Protection and relief operations; m) the Director-General of prison services. 3-the representatives of the Republic participating in the Council meetings dealing with matters of interest to the respective region. 4-on its own initiative, where the understand, or at the invitation of the President, can attend the meetings of the Council for the Attorney General of the Republic. 5-for the purposes of the preceding paragraph, the Attorney General of the Republic is informed of the completion dates of meetings and their agendas. 6-the President, if it considers this appropriate, may invite to participate in the meetings the Ministers who lead criminal police bodies of specific competence and other entities with special responsibilities in the prevention and suppression of crime or in the research and production of information relevant to homeland security, namely, the maximum leaders of other criminal police bodies of specific competence.

11 article 13 powers of the Superior Council of Homeland Security 1-the Council assists the Prime Minister in the exercise of its competence in the field of internal security, including the adoption of necessary measures in situations of serious threat to internal security. 2-it is for the Council, as a body for consultation, issue opinions, in particular, on: the general lines) the definition of the internal security policy; (b) The General bases of the Organization), and discipline of the forces and the security services and the limits of their respective competences; c) diplomas projects containing general measures relating to the duties and responsibilities of the forces and security services; d) The broad guidelines relating to the training, specialization, to update and further training of the personnel of the forces and the security services. 3-the Council shall draw up your rules of procedure and shall submit it for approval to the Council of Ministers.

Article 14 1 General Secretary-the Secretary General works in direct dependence on the Prime Minister or, for your delegation, the Minister of internal affairs. 2-the Secretary General shall, for all legal purposes, other than those relating to the your appointment and dismissal, the Secretary of State. 3-the Secretary-General offers a support Office to which legal regime is applicable ministerial offices. 4-the Secretary-General can opt for the remuneration status of origin when worker who performs public functions or when is bound to the judiciary, the public prosecutor's Office, the armed forces, and the forces and security services.

12 article 15 powers of the Secretary General the Secretary General has powers of coordination, management, control and operational command.

Article 16 Responsibilities 1-coordination within the framework of its powers of coordination, the Secretary-General has the necessary powers to harmonise measures, plans or operations between the various forces and security services, the links between these and other services or public or private entities and to cooperation with international counterparts or foreign bodies, according to the coordination plan , operational command and control of forces and the security services. 2-it is the Secretary-General, within the framework of its powers of coordination: a) Coordinate the action of the forces and the security services, ensuring the fulfillment of the plan of coordination, control and operational command of the forces and the security services approved by the Government; b) Coordinate joint actions of training, improvement and training of forces and security services; c) enhance collaboration between all the forces and the security services, ensuring your access to necessary information; d) Develop in the action plans and strategies of the European area of freedom, security and justice involving articulated action of the forces and the security services. 3-it is still the Secretary General: a) Ensure the articulation of the forces and security services with the prison system, in order to make more efficient the prevention and repression of crime; b) Ensure coordination between the forces and the security services and the Integrated System of Protection and relief operations; c) establish with the Secretary-General of the Information System of the Portuguese Republic appropriate mechanisms for institutional cooperation, so as to ensure information sharing 13, with observance of the legal regimes of the secret of Justice and the State secret, and the fulfilment of the principle of availability in the exchange of information with the security structures of the Member States of the European Union; d) ensure coordination between the forces and the security services and emergency medical services, road safety and transport and environmental security, in the context of the definition and implementation of security plans and crisis management; and the relationship between) ensuring internal security System and civil-emergency planning; f) Articulate national institutions with the local scope, including in particular the municipal police and the municipal councils; g) connect with private structures, including notably the private security firms.

Article 17 direction skills


1-within the limits of their jurisdiction, the Secretary General has powers of organization and administration, logistics and services, operating systems, technological means and other common resources of the forces and the security services. 2-it is the Secretary-General, within the limits of their jurisdiction: a) Provide to the forces and security services access to and use of common services, in particular in the framework of the system of emergency and safety Networks to Portugal and the Central Emergency 112; b) ensure interoperability between information systems entities forming part of the system of internal security and access for all, in accordance with their needs and skills, these systems and international police cooperation mechanisms through the various national contact points; c) Coordinate the introduction of geo-referenced information systems on the device and the means of the forces and the security services and protection and relief and on crime; 14 d) process, consolidation, analysis and dissemination of integrated crime statistics, participate in realization of victimisation surveys and insecurity and draw up the annual report on internal security; and) Be the point of contact for national early warning and rapid response situations to homeland security threats, within the framework of the mechanisms of the European Union.

Article 18 1-control skills within the framework of its powers of scrutiny, the Secretary General has powers of articulation of the forces and the security services in the performance of specific tasks or missions, limited by your nature, time or space, entailing joint action, according to the plan of coordination, control and operational command of the forces and the security services. 2-it is the Secretary-General, within the limits of their jurisdiction and control through the respective maximum leaders, the articulation of the forces and the security services needed: a) The policing of large dimension or international events or other planned operations of high risk or threat, by determination of Ministers of Internal Affairs and justice; b) tactical incident management-severe police referred to in number following. 3-incidents are considered serious, Police Tactical-beyond that may be classified as such by the Ministers of Interior and justice, requiring joint and combined intervention more than a force and security service and involving: a) attacks the organs of sovereignty, hospitals, prisons or schools, infrastructure and supply vital needs of the population , means and routes of communication or means of collective transport of passengers and facilities classified as national critical infrastructure; b) the use of firearms in circumstances that endanger the life or physical integrity of a plurality of persons; c) the use of explosive substances, incendiary, nuclear, radiological, biological or chemical 15; d) kidnapping or hostage taking.

Article 19 1-operational command skills In extraordinary situations, determined by the Prime Minister after a reasoned communication to the President of the Republic, terrorist attacks or major accidents or disasters that require joint and combined intervention of different forces and security services and, eventually, the integrated system of Protection and relief operations, these are placed on the Secretary-General's operating through its leaders. 2-in the context of extraordinary powers provided for in the preceding paragraph, the Secretary-General has powers of planning and allocation of tasks or tasks that require the combined intervention of different forces and security services and for the control of implementation, in accordance with the plan of coordination, control and operational command of the forces and the security services.

Article 20 Deputy Secretary-General 1-the duties and responsibilities of the Deputy Secretary-General: a) Assist the Secretary-General in the performance of their duties; b) exercise the powers of coordination and direction are delegated by the Secretary-General; c) Replace the Secretary General on his absences or impediments. 2-the Deputy Secretary-General shall be treated as the holder of Office of superior direction of 1st degree.

Article 21 Nature and composition of the Cabinet 1 Security Coordinator-the Security Coordinator's Office is the specialized advisory and consultation body for the technical and operational coordination of the activity of the forces and the security services 16, working at direct dependency of the Prime Minister or, for your delegation, the Minister of internal affairs. 2-the Cabinet consists of the entities referred to in paragraph 1(e)) and h) m) of paragraph 2 of article 12 3-the Cabinet is chaired by the Secretary-General. 4-the Office brings together: a) Ordinarily, once a quarter; b) extraordinarily, whenever the President convene, for your initiative or at the request of any of its members. 5-under the coordination of the Secretary-General work a permanent secretariat of the cabinet consisting of liaison officers from the entities referred to in points (a) to (h)) m) of paragraph 2 of article 12 6-the Cabinet has a situation room to monitor situations of serious threat to internal security. 7-the Office referred to in paragraph 3 of article 14 provides technical and administrative support to the Office of the Security Coordinator. 8-the Office SIREN is integrated in Security Coordination Office. 9-the National Security Authority and the Office work with the Security Coordinator's Office.

Article 22 responsibilities of Security Coordination Office


1-it is the Security Coordinator's Office Watch regularly and the Secretary-General in the exercise of its powers of coordination, management, control and operational command and, in particular, to study and propose public Policies: a) internal security; b) cooperation schemes of forces and security services; c) Improvements of the device of the forces and security services; d) conditions of employment of the staff, the facilities and other means, rules and procedures of the forces and the security services, to be taken in situations of serious threat to internal security; e) forms of coordination and international cooperation of the forces and security services; 17 f) national strategies and action plans in the area of crime prevention. 2-it is still the Security Coordinator's Office: a) Give opinions on the draft legal texts concerning the scheduling of facilities and equipment of the security forces; b) collecting, analysing and disseminating of the elements relating to reported crimes and any other elements necessary for the preparation of the report to homeland security. 3-for the purposes of the preceding paragraph, the Secretary-General can: a) Define the measures deemed essential to the normal functioning of the Office; b) Issue guidelines and instructions on the activities to develop.

Article 23 Anti-terrorism coordination unit 1-Integrate Antiterrorism coordination unit representatives of the entities referred to in paragraph 1(e)), h) and (i)) of paragraph 2 of article 12 and of the Strategic Defense Intelligence Service. 2-Anti-terrorism coordination unit is responsible for ensuring coordination and information-sharing, in the fight against terrorism, between the services.

Article 24 security coordinators regional Offices and District 1-safety engineers offices of the autonomous regions of the Azores and Madeira are presided over by the Secretary-General of the internal security system and integrate with a representative of the Regional Government and regional officials by the forces and security services provided for in points (h)) m) of paragraph 2 article 12 2-safety engineers offices of the districts are presided over by the civil Governors and integrate district officials by the forces and security services provided for in points (h)) m) of paragraph 2 article 12 3-safety coordinators regional offices and district performing 18 fits advisory powers referred to in paragraph 1 of article 22, within their respective geographical areas. 4-at the invitation of the President, may attend the meetings of the regional safety co-ordinators offices and district municipal police commanders. 5-the Secretary General of the internal security system shall inform the Representatives of the Republic about the issues of concern to its region.

Chapter IV and article 25 security services and security services Forces 1-forces and the security services are public bodies, are exclusively in the service of the Portuguese people, are strictly non-partisan and compete to ensure internal security. 2-carry out internal security roles: a) the National Republican Guard; (b)) the public security police; c) the judicial police; d) Foreign and border service; and) the Security Information Service. 3-carry out security functions, even in the cases and under the conditions laid down in its legislation: a) the organs of the National Maritime Authority; b) the organs of the aeronautical authority system. 4-the Organization, the tasks and the powers of the forces and the security services are set out in the respective organic laws and other complementary legislation.

Article 26 police Authorities for the purposes of this Act and within the framework of their powers, the police authorities, senior officials indicated as such in the organic forces 19 degrees and the security services.

Chapter V article 27 measures 1-measures Are police measures: a) the identification of persons suspected to be found or circulate in public place, open to the public or subject to police surveillance; b) to temporarily ban of access and movement of people and means of local transport, road, inland waterway, sea or air; c) evacuation or temporary abandonment of premises or means of transport. 2-it is also considered as the police removing objects, vehicles or other obstacles placed in public places without authorization to prevent or affect the passage, to ensure freedom of movement in security conditions.

Article 28 special police Measures Are special police measures: a) the Director, in the car, public place, open to the public or subject to police surveillance, searches and reviewed to detect the presence of weapons, pyrotechnic substances or explosive devices or prohibited items, or may allow violence and wanted persons or illegally on the national territory or deprived of your liberty; b) temporary seizure of weapons, ammunition, explosives and dangerous substances or items prohibited or subject to prior administrative licensing; c) supervisory measures in establishments and other public places or open to the public; d) survey activities or installation of safety equipment; 20 e) the temporary closure of bunkers, warehouses or factories of arms or explosives and their components; f) revocation or suspension of authorizations to the owners of the establishments referred to in the preceding sub-paragraph; g) the temporary closure of establishments intended for sale of weapons or explosives; h) the cessation of activity of companies, groups, organizations or associations involved terrorism or violent or highly organized crime; I) inhibition of broadcasting from radio communications systems, public or private, and electromagnetic isolation or the telephone service bus in certain spaces.

Article 29 Working Party principle of need


With the exception of the case provided for in paragraph 2 of article 27, the police measures are only applicable in the terms and conditions contained in the Constitution and in the law, whenever necessary, for the period of time strictly necessary to guarantee the safety and protection of persons and property and provided that there is evidence of criminal activity preparation founded or serious or violent disturbance of public order.

Article 30 Duty of identifying The agents and employees of non-uniformed police who, under the law, waive police measure or issue any order or lawful warrant should display your proof quality in advance.

Article 31 Jurisdiction to determine the application 1-in the development of your internal security activity, 21 police authorities may prescribe the application of police measures, within their respective competences. 2-In cases of emergency and danger in delay, the implementation of the measures provided for in article 27 and points (a) and (b))) of article 28 may be determined by forces and agents of the security services and should in that case be immediately reported to the competent police authority in order to your confirmation. 3-except in cases of urgency and danger in delay, the implementation of the measures provided for in points (a) and police) h) article 28 is previously authorized by the examining magistrate of the place where the police measure will be applied.

Article 32 the Court Communication 1-in the case of not having been authorised in accordance with paragraph 3 of the preceding article, the application of the measures provided for in article 28 is, under penalty of nullity, communicated to the competent court at the earliest opportunity, which may not exceed 48 hours, and appreciated by the judge in order to your validation within 8 days. 2-for the purposes of the preceding paragraph shall have the examining magistrate of the place where the police measure has been applied. 3-cannot be used in criminal proceedings the evidence collected within the framework of special police measures which have not been the subject of prior authorization or validation.

CHAPTER VI final provisions article 33 Military Armed Forces cooperate in the field of internal security under the Constitution and the law, the Secretary General of the internal security system and the Chief of the General staff of the armed forces ensure the operational coordination. 22 article 34 1-set Standard is revoked the law No. 20/87, of June 12, as amended by Act No. 8/91 of 1 April, with the exception of paragraph 3 of article 18-2 is repealed Decree-Law No. 61/88, from February 27, as amended by Decree-Law No. 51/96, May 16, and by Decree-Law No. 149/2001 , may 7. 3-is repealed Decree-Law No. 173/2004, of 21 July.

Article 35 entry into force this law shall enter into force 30 days after the date of your publication.

Seen and approved by the Council of Ministers of 6 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency