Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
1
Exhibition of Motives
Recognized the inadequacies of the current legislative framework, established by Law No. 16/2004,
of May 11, the Programme of the XVII Constitutional Government, in paragraph 2 (Generalize a
sports practice in safety) of your Chapter IV (More and better sport) took over as
priority measure " accentuate, in the guarantee of sport ethics, the combating of doping (...), well
how to strengthen the fight against corruption and violence in sport. "
For its part, Article 3 of the Law on Bases of Physical Activity and Sport (Law
n. 5/2007 of January 16) provides in its paragraph 1 that " Sports activity is developed
in observance of the principles of ethics, the defence of the sporting spirit, the truth
sports and the full training of all participants "and, in paragraph 2 that" lies with the
State to adopt the measures aimed at preventing and punishing anti-sports demonstrations,
specifically violence, doping, corruption, racism, xenophobia and any form
of discrimination. "
In order to realize this desideratum, the still National Council Against the
Violence in Sport to submit a proposal for amendments, proposal that which was
consubstantiated in Opinion No 1/CNVD/2007.
In the framework of the State Central Administration Restructuring Programme (PRACE), and
of the Organic Law of the Presidency of the Council of Ministers, passed by the Decree-Law
n. 202/2006, of October 27, was extinguished the Superior Council of Sport and provided for
establishment of the National Council of Sport. Still in the framework of the new organic structure, it was
equally extinct the National Council against Violence in Sport, being the respective
assignments integrated into the new National Council of Sport.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
2
Article 4 of the present Proposal for Law clarifies the Council for Ethics and Security in the
Sport (CESD) is the competent body to promote and coordinate the adoption of measures
of combating the manifestations of violence, racism, xenophobia and intolerance in the spectacles
sports, and it works with the National Council of Sport under the Decree-Law
n ° 315/2007 of September 18, in its current wording, which sets out the competences, the
composition and the functioning.
In the present Proposal for Law, the first measure to be observed is the enlargement of the
respective object, conds if it is to take into account the new realities, already mirrored in the
international instruments.
Thus, preventive and sanctionatory measures are established with the aim of eradicating the
sport violence, racism, xenophobia and intolerance in sporting spectacles, from
way to enable the achievement of the sporting performances safely and in accordance with
the ethical principles inherent in its practice.
It has therefore opted for an approach in which the positive aspects of sport are emphasized,
that is, ethical principles, recognizing in this way that violence, in all forms, is
a strange pathology to this same sport, but one that finds on this a stage of
excellence to develop and potentiate.
In addition to the accuracy of concepts and suppression of the gaps contained in the diploma still in force,
this proposal begins by settling on the submission of a set of preventive measures, the
implement either by the organisers of sports competitions or by their
promoters.
Out of these measures are highlighted those concerning the adoption of regulation of
prevention and control of violence, the compulsion of the existence of activity plans,
in which sports federations and professional leagues must contemplate measures and
programmes to promote good practice that safeguard ethics and sporting spirit
in the respective annual activities plans, in particular in the field of associated violence
to sport.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
3
Still in this scope, a set of measures to support the promotion of ethics are envisaged in the
sport, of which it stands out the stimulus to the parity presence on the benches in a way
ensure the family dimension of the sporting spectacle or support for the creation of " embassies
of adepts ".
Matter that earned particular attention was the one that is concerned with the organised groups of
adepts. Since soon, clarifying and typifying the situations in which support can be provided
to these and establishing themselves as a sanction for the failure to comply with these rules by the
promoter, as long as the situation is maintained, the realization of sports spectacles at the door
closed.
Also the registration and access of the organised groups of fans to the sports enclosure was
weighting, considering, among other measures, that in the games of the
sports competitions of a professional or non-professional nature deemed to be at risk
high, whether national or international, the promoters of the sporting spectacle do not
may give in or sell tickets to organised groups of adepts at number higher than
affiliated with those groups and identified in the register deposited with the promoters and the
CESD.
Likewise, also the conditions of access and permanence of the spectators to the precincts
sports have been revisited, providing for the immediate removal of the sports enclosure for
the prevaricators.
It is reformulated the sanctionatory framework, adept at the prevailing criminal standards and reinforce itself
the sanctionatory measures that arise from the illicit of mere social ordering.
On the other hand, in addition to the necessary regulation of CESD and other aspects
arising from this law, this proposal, in a logic of legislative simplification, repealed the
scattered legislation, however, welcoming some of its provisions, as is the case with those
on the qualification of the spectacles or on the police herds.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
4
It is further proposed that the aggravation of sanctions in relation to the nature of the victim. Thus, the
prison terms or fine should be aggravated to one third, in their minimum and maximum,
when the victims are sports agents or media organs
Should the Assembly of the Republic consider consultation with the Autonomous Regions and the Commission
National Data Protection.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
The present law establishes the legal regime of combating violence, racism, xenophobia and the
intolerance in sporting spectacles, so as to enable the achievement of the same
with safety and in accordance with the ethical principles inherent in its practice.
Article 2.
Scope
This Law applies to all sports spectacles, with the exception of cases
expressly provided for in other legal provisions.
Article 3.
Definitions
For the purposes of this Act, it shall be understood by:
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
5
a) "Ring or perimeter of safety", the space, defined by the security forces,
adjacent or outside to the sports enclosure, whose assembly or installation is of the
responsibility of the promoter of the sporting spectacle, understood among the
exterior limits of the enclosure or construction, endowed either with permanent sealing or
temporary want of pass vans with control of inputs and outputs, intended
to ensure the safety of the sporting spectacle;
b) 'Sports spectacle area', the surface where the show unfolds
sports, including the protection zones defined in accordance with the regulations
of the respective modality;
c) "Assistant to sports enclosure", the specialist private security watchdog,
directly or indirectly contracted by the promoter of the sporting spectacle, with
the functions, duties and training set out in the legislation applicable to the exercise of the
private security activity;
d) "Sports Complex", the set of land, constructions and facilities intended
the practice of one or more modalities, understanding the spaces reserved to the
public and to the parquement of viatures;
e) "Safety Coordinator", the person with appropriate technical training designated
by the promoter of the sporting spectacle as the operational officer for the
safety in the sports enclosure and safety rings for, in cooperation with the
security forces, the health entities, the National Civil Protection Authority
(ANPC) and the organiser of the sporting competition, to head and coordinate the activity
of the sports recorder assistants and volunteers, if they exist, as well as to provide for the
safety in the course of the sporting spectacle;
f) "Sporting Spectacle", event that encompasses one or several individual competitions
or collective, which takes place under the aegis of the same sports entity, elapse
from the opening to the closure of the sports enclosure;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
6
g) "Organised group of fans", the set of fans, affiliated or not in a
sports entity, having the object of support for clubs, associations or societies
sports;
h) "Interdiction of sports precincts", the temporary ban on realising in the enclosure
sports official sports spectacles in modality, age and categories
equal to those in which the phalts have occurred;
i) 'Promoter of the sporting spectacle', the associations of territorial scope, clubs and
sports societies, as well as the federations themselves and leagues, when they are
simultaneously organizers of sports competitions;
j) "Organiser of the sport competition", the federation of the respective modality,
concerning the non-professional or international competitions that are held under
the aegis of the international federations, the professional leagues of clubs as well as the
associations of territorial scope, in respect of their respective competitions;
l) "Realization of sporting spectacles behind closed doors", the obligation of the promoter
of the sporting spectacle to be held in the sports enclosure that is affective to you
official sports performances in modality, age ranking and equal categories
to those in which the falles have occurred, without the presence of public;
m) "Sports receptive", the place intended for the practice of sport or where this has
place, confined or delimited by walls, walls or sealings, as a rule with access
controlled and conditioned;
n) "ticket titles", the tickets, cards, invitations and too many documents that
allow entry into sports precincts, whatever their support.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
7
Article 4.
Council for Ethics and Security in Sport
For the purposes of this Act, the Council for Ethics and Safety in Sport (CESD) is the
competent body to promote and coordinate the adoption of measures to combat the
manifestations of violence, racism, xenophobia and intolerance in sporting spectacles, and
it works with the National Council of Sport under the Decree-Law No. 315/2007,
of September 18, in its current wording.
CHAPTER II
Safety measures and conditions of the sporting spectacle
SECTION I
Organisation and promotion of sports competitions
Article 5.
Regulations for the prevention of violence
1-The organiser of the sports competition approves internal regulations in respect of
prevention and punishment of the manifestations of violence, racism, xenophobia and intolerance in the
sports spectacles, under the law.
2-The regulations provided for in the preceding paragraph are subject to registration with the CESD,
which is a condition of its validity, and must be in accordance with:
a) The rules laid down by this Law and regulatory provisions;
b) The standards set out in the framework of international conventions on violence
associated with the sport to which the Portuguese Republic finds itself bound.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
8
3-The regulations provided for in paragraph 1 shall contain, among others, the following subjects:
a) Preventive procedures to be observed in the organization of the competitions
sports;
b) Typified enumeration of situations of violence, racism, xenophobia and intolerance
in sporting performances, as well as the corresponding penalties to be applied to the
sports agents;
c) Tramping of the procedure for the implementation of the sanctions referred to in the preceding paragraph;
d) Breakdown of the types of objects and substances provided for in the paragraph d) of paragraph 1 of the
article 22 para.
4-The sanctions referred to in paragraph b) from the previous number may consist of sanctions
disciplining, sporting and, when they focus on promoters of the sporting spectacle, in the
interdiction of sports precincts or in the obligation to conduct sports competitions to the
closed door.
5-A non-approval and the non-adoption of the regulations provided for in paragraph 1 by the organizer
of the sporting competition, as well as the adoption of regulation whose registration is refused
by CESD, imply, as long as the situation is maintained, the impossibility of the organiser of the
sports competition in question benefit from any kind of public support, and, should it be treated
of proprietor entity of sport utility status, suspension of the same.
Article 6.
Plan of activities
Sports federations and professional leagues are required to insert measures and
programmes to promote good practice that safeguard ethics and sporting spirit
in the respective annual activities plans, in particular in the field of associated violence
to sport.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
9
Article 7.
Safety and use regulations of public access spaces
1-The promoter of the sporting spectacle approves internal regulations in respect of
safety and use of public access spaces.
2-The regulations provided for in the preceding paragraph shall contain, among others, the following
measures, the implementation of which shall be preceded by concertation with the security forces, the
ANPC, the medical emergency services and the organiser of the sports competition:
a) Physical separation of adherents by reserving them distinct zones, in the competitions
sports of a professional or non-professional nature deemed to be at risk
high;
b) Control of the sale of ticket securities, with recourse to mechanical means,
electronic or electromechanical, in order to ensure the flow of input of the
spectators, preventing reuse of the ticket title and allowing detection
of false ticket titles, in the sporting competitions of a professional nature or
non-professional deemed to be of high risk;
c) Surveillance and control intended to prevent excess lotion in any area
of the enclosure, as well as to ensure the unimpeding of the access routes;
d) Installation or assembly of safety rings and the mandatory adoption of systems
of access control, so as to prevent the introduction of objects or substances
prohibited or likely to enable or generate acts of violence, in the terms
provided for in this Law;
e) Prohibition of sale, consumption and distribution of alcoholic beverages, substances
narcotic drugs and psychotropic substances in the interior of the ring or perimeter of
safety, as well as the adoption of a system of control of states of
alcoholemia and narcotic drugs and psychotropic substances;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
10
f) Surveillance of groups of fans, particularly in the offshoots to watch the
sports competitions of a professional or non-professional nature considered
of high risk, disputed outside the promoter's own sports precinct
sports spectacle;
g) Definition of the conditions for the exercise of the activity and the respective circulation of the means
of social communication in the sports enclosure;
h) Elaboration of an internal emergency plan, predicting and defining,
in particular, the performance of sports recorder assistants, if any.
4-The regulations provided for in paragraph 1 are subject to registration with the CESD, which is
condition of their validity.
5-A non-approval and the non-adoption of the regulations provided for in paragraph 1 by the promoter of the
sports spectacle, or the adoption of regulations whose registration is turned down by the
CESD, entail, as long as the situation is maintained, the impossibility of being carried out
sports spectacles in the respective sports enclosure, as well as the impossibility of
obtaining of operating leave or the immediate suspension of operation, depending on
the cases.
6-The sanctions mentioned in the preceding paragraph are applied by the Institute of Sport of
Portugal, I. P., on a proposal from CESD.
Article 8.
Duties of the promoters of the sporting spectacle
1-Without prejudice to other duties that are committed to them pursuant to this Law, and in the
other applicable legislation or regulation, are duties of the promoters of the show
sports:
a) Take responsibility for the safety of the sports enclosure and rings of
security, without prejudice to the provisions of Article 13;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
11
b) To encourage the ethical and sporting spirit of its fans, especially among the
organized groups;
c) Apply sanctionatory measures to their associates involved in disturbance of the
public order, preventing access to sports precincts on the terms and conditions
of the respective regulation or by promoting their expulsion from them;
d) To protect individuals who are the target of threats and the goods and belongings of these,
by facilitating the respective exit in a safe manner from the complex
sports, or its transfer to safe sector, in coordination with the
elements of the security force;
e) Adopt regulations for safety and use of public access spaces
of the sports enclosure;
f) Designate the safety coordinator, in the situations provided for in the law.
2-The provisions of the preceding paragraph, with the exception of your point f), applies, with due
adaptations, to the organisers of the sporting competition.
Article 9.
Partner prevention actions-educational
The organisers and promoters of sporting spectacles, in articulation with the State,
they should develop socio-educational prevention actions, in the areas of ethics in sport, of
violence, racism, xenophobia and intolerance in sporting spectacles,
specifically through:
a) Approval and implementation of plans and measures, in particular among the population in
school age;
b) Development of advertising campaigns that promote sportsmanship, the
ideal of clean play and integration, especially among the school-age population;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
12
c) Implementation of measures that aim to ensure conditions for full
family framing, specifically by the adoption of a ticket system
more favorable;
d) Development of actions that enable the framing and the convivid between
adepts;
e) Support for the creation of "embassies of fans" with a view to giving compliance to the
provisions of this Law.
SECTION II
From security
Article 10.
Coordinator of security
1-Compete to the promoter of the sporting spectacle, for sporting spectacles
integrated into the sports competitions of a professional or non-professional nature
considered to be of high risk, whether national or international, to designate a coordinator of
security.
2-The safety coordinator is the operational officer for the safety within the
sports enclosure and the safety rings, without prejudice to the skills of the organs of
criminal police.
3-The promoters of the sporting spectacle, before the start of each sporting season,
must communicate to the CESD the list of the safety coordinators of the respective precincts
sports.
4-Compete to the safety coordinator coordinate the activity of the recinth assistants
sports, with a view to, in cooperation with the organiser of the sport competition, with the
security force, with the ANPC and with the health entities, to ensure the normal course of the
sports spectacle.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
13
5-The safety coordinator meets with the entities referred to in the preceding paragraph, before
and after each sporting spectacle, and draws up a final report, which is delivered to the
organizer of the sport competition, with copy to CESD.
6-Failure to comply with the provisions of paragraph 1 implies, for the promoter of the show
sports, as long as the situation holds, the realization of sporting spectacles at the door
closed.
Article 11.
Policing of sports spectacles
The regime of policing and satisfaction of the respective burdens, carried out in an enclosure
sports, it appears in a decree-law.
Article 12.
Qualification of spectacles
1-As for sporting spectacles with an international nature, they consider themselves to be at risk
high those:
a) Which correspond to the final stage of a European or world championship, in the
modalities to be defined annually by the CESD, heard the security forces;
b) Let them be as such declared by the international organisations, at European level and
worldwide, of the respective modalities, on the basis of incidents occasioned by the
adherents of at least one of the teams or, yet, for exceptional reasons;
c) In which the fans of the visiting team presumably come to exceed 10% of the
capacity of the stadium or are in number equal to or greater than 2000 persons;
d) In which the sports enclosure is presumably fraught or in which the number
likely for spectators to be more than 30000 people.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
14
2-As for sporting spectacles with a national nature, they consider themselves to be at risk
high those:
a) That they are defined as such by the CESD, heard the security force
territorially competent;
b) Where the clearance in a competition by qualifiers is at issue in the two
final qualifiers of the final;
c) In which the number of spectators predicted to perdo 80% of the lotion of the enclosure
sports;
d) Where the likely number of adherents of the visiting team perses 20% of the number of
expected spectators;
e) In which the fans of the participating clubs hajam occasioned serious incidents in
previous games;
f) In which the sporting performances are decisive for both teams in the
conquest of a trophy, access to international evidence or change of step
divisionary.
3-Considerate of normal risk, sporting performances not covered by the
previous numbers.
Article 13.
Security forces
1-When the commander of the territorially competent security force considers that
the conditions are not met for the sporting spectacle to perform safely
communicates the fact to the Commander-General of the GNR or to the national director of the PSP, depending on the
case.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
15
2-The GNR Commander-General or the national director of the PSP, as the case, informs
the organiser of the sports competition on the security measures to be corrected and the
implement by the promoter of the sporting spectacle.
3-A failure to comply with the provisions of the preceding paragraph by the promoter of the show
sports means the non-realization of that spectacle, which is determined by the organiser
of the sporting competition.
4-The commander of the security force present at the site may, in the course of the show
sports, take on, at all times, the responsibility for safety in the sports enclosure
where the lack of this determines the existence of risk for people and facilities.
5-A The decision to evacuate, in whole or in part, from the sports enclosure lies solely with the
commander of the security force present at the site.
SECTION III
Organized groups of adherents
Article 14.
Support for organised groups of adherents
1-Only organised groups of supporters constituted as associations, pursuant to the
applicable legislation or in the framework of juvenile associativism, and registered as such together of the
CESD, they may be the subject of support, on the part of the promoter of the sports spectacle,
notably through the provision of facilities for use or ceding of facilities,
technical, financial or material support.
2-The technical, financial and material supports granted by the promoter of the show
sports to organised groups of fans are the subject of protocol, to be celebrated in each
sports season, which is made available, whenever requested, to the security force and to the
CESD.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
16
3-The protocol referred to in the preceding paragraph shall identify, in annex, the elements
which integrate the respective organized group, referred to in paragraph 1 of the following article.
4-It is expressly forbidden for support, on the part of the promoter of the sporting spectacle, to
organized groups of adherents adopting signs, symbols and expressions that incited to the
violence, racism, xenophobia, intolerance in sporting spectacles, or any
another form of discrimination, or which translate expressions of political ideology.
5-A provision of facilities for use or ceding of facilities to groups of fans
constituted in the terms of this Law is the responsibility of the promoter of the show
sporting, in this measure, the respective review in order to ensure that in these
no materials or objects prohibited or likely to be deposited
enabling or generating acts of violence, racism, xenophobia, intolerance in the spectacles
sports, or any other form of discrimination, or which translate manifestations of
political ideology.
6-Failure to comply with the provisions of this Article implies for the promoter of the show
sports, while the situations indicated in the previous figures will remain, the
realization of sporting spectacles behind closed doors.
7-A The sanction mentioned in the preceding paragraph is applied by the Institute of Sport of
Portugal, I. P., on a proposal from CESD.
Article 15.
Registration of organised groups of fans
1-Organised groups of supporters must have an organised and up-to-date register
of their affiliates, with an indication of the following elements:
a) Name;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
17
b) Number of the identity card;
c) Date of birth;
d) Photography;
e) Membership, should you treat yourself to underage; and
f) Morada.
2-The registration referred to in the preceding paragraph shall be carried out with the respective promoter of the
sports spectacle, which, in the five days following its reception, sends copy to CESD
that makes it available immediately to the security forces.
3-The registration referred to in paragraph 1 is updated whenever any change occurs
as to their affiliates, and may be suspended or annulled in the case of non-compliance with the
provisions of this Article.
4-The organised groups of fans must possess an up-to-date listing containing the
identification of all affiliates, registered in the terms of the previous numbers, present in the
shift in concrete to the sporting spectacle.
5-A Listing referred to in the preceding paragraph is made available, whenever requested, to the forces
of security and the CESD.
6-The elements responsible for organised groups of fans who do not comply with the
provisions in the previous figures become unable to access the interior of any
sports enclosure by decision of the Institute of Sport of Portugal, I. P., under proposal
of CESD, as long as the default situation holds.
7-In the event of a recidivism, CESD shall suspend, for a period not exceeding one year, or
annul the register referred to in paragraph 1.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
18
Article 16.
Access of organised groups of fans to the sports enclosure
1-The promoters of the sporting spectacle must reserve, in the sporting precincts that
are allocated to them, one or more specific areas for the affiliates of the organised groups of
adepts.
2-In the sporting competitions of a professional or non-professional nature considered to be
high risk, whether national or international, the promoters of the sporting spectacle
you cannot give in or sell tickets to organised groups of adherents in higher numbers to the
of affiliates in those groups and identified in the register referred to in paragraph 1 of the previous article,
owing to the record in each ticket yielded or sold the name of the filtered holder.
3-Only access and admission is allowed in the areas referred to in paragraph 1 to the carriers
of a special card issued for the purpose by the promoter of the sporting spectacle.
4-Failure to comply with the provisions of this Article implies for the promoter of the show
sports, while the situations indicated in the previous figures will remain, the
realization of sporting spectacles behind closed doors.
5-A The sanction mentioned in the preceding paragraph is applied by the Institute of Sport of
Portugal, I. P., on a proposal from CESD.
SECTION IV
Sports enclosure
Article 17.
Seating and physical separation of spectators
1-Sports precincts in which sport competitions are held in nature
professional or non-professional deemed to be of high risk, whether national or
international, are endowed with seated, individual and numbered seats equipped with
officially approved model seats.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
19
2-The provisions of the preceding paragraph shall be without prejudice to the installation of sectors duly
identified as buffer zones, which allow to physically separate the spectators and
ensure a speedy and effective evacuation of the sports enclosure, and may involve the restriction
of sale of tickets.
3-The sports precincts in which the games provided for in paragraph 1 are held are, still,
endowed with appropriate places for persons with disabilities and or incapacities,
notably, for people with conditioned mobility.
Article 18.
Videovigilance system
1-The promoter of the sporting spectacle, in which sport competitions are held
professional or non-professional nature deemed to be of high risk, whether national or
international, must install and maintain in perfect condition a videovigilance system
that allows visual control of the entire sports enclosure and respective ring or perimeter of
safety, endowed with fixed or mobile cameras with image recording and sound and printing of
photograms, which are aimed at the protection of persons and goods, with observance of the provisions of the
Law No. 67/98 of October 26.
2-A recording of image and sound, upon occurrence of a sports spectacle, is
obligatory, from the opening up to the closure of the sports enclosure, owing the
respective records to be kept for 90 days, deadline for which they are destroyed in
case of non-use in the terms of the applicable criminal and criminal procedural law.
3-In the places of videovigilance it is obligatory to affix, in a well visible location, of
a warning that verse " For your protection this site is found under surveillance of a circuit
closed television, proceeding to the recording of image and sound ".
4-The notice referred to in the preceding paragraph shall also be accompanied by information
oral and proper symbology and be translated into at least one foreign language.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
20
5-The videovigilance system provided for in the preceding paragraphs may, on the same terms,
be used by elements of the security forces.
6-The organiser of the sports competition can access the images recorded by the system of
videovigilance, for the uniquely disciplinary effects of sports foreseen in the present
law, and in respect of Law No. 67/98, of October 26, and shall, without prejudice to the application of the
n. 2, ensure the conditions of reservation of the records obtained.
Article 19.
Car parks
Sports precincts in which sport competitions are held in nature
professional or non-professional deemed to be of high risk, whether national or
international, must have suitably sized car parks to
the respective lotion of spectators as well as predicting the existence of parking for
persons with disabilities and or disabilities, in accordance with the legislation in force, to
the security forces, for the arbitration team and for the delegates of the respective
federation and league.
Article 20.
Access for persons with disabilities and or incapacities to sports precincts
1-Sports precincts must have special accesses for persons with disabilities and
or incapacities, pursuant to the terms set out in Decree-Law No. 163/2006 of August 8.
2-People with disabilities and or inabilities can access sports precincts
accompanied by the assistance dog, under the terms set out in the Decree-Law No. 74/2007, of
March 27.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
21
Article 21.
Measures of beneficiation
1-The Institute of Sport of Portugal, I. P., may determine, subject to the proposal of the CESD, or
through this, on the proposal of the security forces, that sports precincts in which to
contest for sports competitions of a professional or non-professional nature considered
of high risk, whether national or international, are the subject of beneficiation measures,
with a view to strengthening the safety and improvement of hygiossanitary conditions.
2-In the event of non-compliance with the provisions of the preceding paragraph, the Institute of Sport of
Portugal, I. P., may determine the interdiction of the enclosure for the intended purposes.
Article 22.
Conditions of access for spectators to the sports enclosure
1-Are conditions of access for spectators to the sports enclosure:
a) The possession of valid ticket title;
b) The observance of the standards of the " safety and use regulation of the
public access spaces ";
c) Not being under the influence of alcohol, narcotic drugs, psychotropic substances or
analogous effect products, accepting to submit to control tests and
depistage, to be carried out under the direction of the elements of the security force;
d) Do not transport or bring with you objects or prohibited substances or
capable of generating or enabling acts of violence;
e) Do not bear posters, banners, symbols or other signs with messages
offensives, of a racist or xenophobic character;
f) Not chanting racist or xenophobic chants or inciting to violence;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
22
g) Consent to the personal journal of prevention and safety, with the aim of detecting
and prevent the entry of prohibited or susceptible objects and substances from generating or
enabling acts of violence;
h) Consent to the collection of image and sound, pursuant to Law No. 67/98, of 26 of
October.
2-For the purposes of the point c) of the previous number, consider themselves under the influence of alcohol the
individuals who present an alcohol rate in the blood equal to or greater than 1.2 g/l,
applying for them, with due adaptations, procedures, tests, instruments and
modes of measurement provided for in the Road Code, approved by the Decree-Law No. 114/94,
of May 3, with the last wording given by the Decree-Law No. 113/2008 of July 1 to
the situations of alcoholemia and influence of narcotic drugs or psychotropic substances in the
drivers.
3-It is vetoed access to the sports enclosure to all the spectators who do not comply with the
provided for in paragraph 1, excepted the conditions set out in paragraphs b ), d) and e) of the same
number, when dealing with objects that are ancillary to persons with disabilities and or
incapacities.
4-Police authorities deployed for the sporting spectacle may submit the
control tests of alcohol or other toxic substances the individuals who
present evidence of being under the influence of them, as well as those that manifest
violent behaviour or that they endanger the safety of that same spectacle
sporting.
5-It is vetoed access to the sports enclosure, to those whose tests prove positive and the
all those who refuse to submit it to them.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
23
Article 23.
Conditions of permanence of spectators in the sports enclosure
1-Are conditions of permanence of the spectators in the sports enclosure:
a) Do not bear posters, banners, symbols or other signs with messages
offensive, violent, of a racist or xenophobic character, intolerant in the spectacles
sports, to any other form of discrimination, or which translate
manifestations of political ideology;
b) Do not obstruct the routes of access and evacuation, especially the emergency routes,
without prejudice to the use of the same by persons with disabilities and incapacities;
c) Do not practise violent acts, which inciting violence, racism or xenophobia, à
intolerance in sporting spectacles, to any other form of discrimination,
or that translate expressions of political ideology;
d) Do not outrage or lack the respect that is due to the national symbols, through
any means of communication with the public;
e) Not chanting racist or xenophobic chants or that inciting violence, intolerance
in sporting spectacles, any other form of discrimination, or that
translates expressions of political ideology;
f) Do not access the areas of access reserved or not intended for the public;
g) Not to move from one sector to another;
h) Do not pitch any objects in the interior of the sports enclosure;
i) Do not use fire-producing material, any other ingenious
pyrotechnicians or producers of analogous effects;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
24
j) Comply with the regulations of the sports enclosure;
l) Observe the safety conditions laid down in the previous article.
2-Failure to comply with the conditions laid down in points a), (c), (d), and), g) and h) of the number
previous, as well as in the points c) and d) of paragraph 1 of the preceding Article, implies the removal
immediate from the sports enclosure to be carried out by the security forces present at the site, without
injury of other sanctions eventually applicable.
3-Failure to comply with the conditions laid down in points b), f), g) and l) of paragraph 1, as well as in the
points a), b), e) and f) of paragraph 1 of the preceding Article, implies the immediate removal of the enclosure
sports to be carried out by the sports recon assistants present at the site, without prejudice
of other sanctions eventually applicable.
Article 24.
Special conditions of permanence of the organised groups of fans
1-The organised groups of fans can exceptionally use the following
materials or articles in the interior of the sports enclosure:
a) Instrument producers of noises, usually named "megaphone" and
"drums";
b) Pyrotechnic artifice of using fumogenic technical use, usually called " pot of
smoke ".
2-The provisions of the a) of the preceding paragraph lacks prior authorization from the promoter of the
sports spectacle, and this shall communicate to the security force.
3-The provisions of the b) of paragraph 1 lacks authorization and monitoring of the force of
security, in concordance with the ANPC and with the promoter of the sporting spectacle.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
25
Article 25.
Personal journal of prevention and safety
1-The sports enclosure assistant may, in the area defined for the control of accesses,
carry out personal prevention and safety magazines to the spectators, under the legislation
applicable to the exercise of private security activity, with the aim of preventing the
introduction into the sports enclosure of banned objects or substances, likely to
enable or generate acts of violence.
2-The sports recorder assistant shall carry out, before the opening of the doors of the enclosure,
a safety check to your entire interior, in such a way as to detect the existence of
objects or prohibited substances.
3-The security forces deployed for the sporting spectacle, whenever such if
show necessary, can proceed to magazines to the spectators, so as to avoid existence
in the enclosure of objects or prohibited substances or likely to enable acts of
violence.
4-A The magazine is mandatory with regard to the organised groups of fans.
Article 26.
Issuance and sale of ticket securities
1-In the ensuing precincts in which professional competitions and competitions are held not
professionals deemed to be of high risk, whether national or international, compete with the
organiser of the sports competition develop and use a uniform system of emission
and sale of ticket securities, controlled by computer means.
2-It is up to the organiser of the sporting competition the issuance of the ticket titles, owing
define, at the beginning of each sporting season, the characteristics of the ticket title and the limits
minimum and maximum of the respective price.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
26
3-The ticket securities shall contain the following mentions:
a) Sequential numbering;
b) Identification of the sports enclosure;
c) Entrance door to the sports enclosure, sector, queue and chair as well as the
plant of the enclosure and the place of access;
d) Designation of sports competition;
e) Sport modality;
f) Identification of the organiser and promoters of the sporting spectacle
actors;
g) Summary specification of the impediment facts of the access of the spectators to the
sports precinct and the consequences of non-compliance with the regulation of
safety and use of public access spaces.
4-The organiser of the sports competition can wake up with the promoter of the show
sports the issuance of the ticket titles.
5-The number of ticket titles issued pursuant to this Article shall not be
superior to the lotion of the respective sports enclosure.
6-A violation of the provisions of this Article implies, as long as the situation is maintained, the
suspension of the achievement of the sporting spectacle in question.
7-A The sanction mentioned in the preceding paragraph is determined by the Institute of Sport of
Portugal, I. P., on a proposal from CESD.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
27
CHAPTER III
Sanctionatory regime
SECTION I
Crimes
Article 27.
Distribution and sale of fake or irregular ticket securities
1-Who to distribute for sale or sell ticket titles for a sports show
in violation of the system of issuance and sale of ticket securities provided for in the previous article
or without having received express and prior permission from the organiser of the sporting competition, it is
punished with imprisonment for up to 1 year or with penalty of fine.
2-A attempt is punishable.
Article 28.
Irregular distribution and sale of ticket securities
1-Who to distribute for sale or sell ticket titles for a sports show,
so as to cause overcrowding of the sports enclosure, in part or in its whole, or with
intention to obtain, for themselves or for another person, advantage without that for this to be
authorized, is punished with imprisonment for up to 1 year or with penalty of fine.
2-A attempt is punishable.
Article 29.
Qualified damage in the scope of sports spectacle
Who, when inserted in a group of fans, organised or not, destroy, in whole or in
part, damage, disfigure or render non-usable public transport, installation or
equipment used by the public or from collective usefulness or other relief goods, is
punished with imprisonment of 1 a to 5 years, or with penalty of a fine of up to 600 days.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
28
Article 30.
Participation in rift in displacement to or from sports spectacle
1-Who, when travelling to or from sports spectacle, intervier or take part
in feud between two or more people that results:
a) Death or offence to the physical integrity of the contenders;
b) Risk of offence to physical integrity or danger to third parties; or
c) Alarm or restlessness among the population;
is punished with a prison sentence up to 3 years or with penalty of fine.
2-A The participation in rift is not punishable when it is determined by non-objectionable reason,
particularly when aiming to react against an attack, defend another person or separate the
contenders.
Article 31.
Pitch of objects or liquid products
Who, finding themselves inside the sports enclosure during the occurrence of a
sports spectacle, pitch objects or liquid product and create this danger mode
for the life or physical integrity of another person, is punished with imprisonment up to 3 years or
with penalty of fine.
Article 32.
Invasion of the area of the sporting spectacle
1-Who, finding themselves inside the sports enclosure during the occurrence of a
sports spectacle, break into the area of that spectacle or access areas of the enclosure
sports inaccessible to the general public, it is punishable with imprisonment up to 1 year or with
penalty of fine.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
29
2-If the ducts referred to in the preceding paragraph result in disturbance of the normal course of the
sports spectacle that involves the suspension, interruption or cancellation of the same, the
agent is punished with imprisonment for up to 2 years or with penalty of fine.
Article 33.
Offenses to physical integrity acting in group
Who, finding themselves inside the sports enclosure, during the occurrence of a
sports spectacle, acting in group, offending physical integrity of third parties, is punishy
with penalty of imprisonment up to 3 years or with penalty of a fine not less than 500 days.
Article 34.
Crimes against specific sports agents
1-If the acts described in Articles 29 to 31 are practiced so as to put in danger
life, health, physical integrity or the safety of practitioners, coaches, referees and
too many sports agents who are in the area of the sporting spectacle as well as the
members of the media organs in service in the same, the feathers in those
predicted are aggravated, at their minimum and maximum limits, up to a third.
2-A attempt is punishable.
Article 35.
Deprivation penalty of deprivation of the right to enter sporting precincts
1-For the conviction of the crimes provided for in articles 29 to 31, a measure of
interdiction of access to sports precincts for a period of 1 a to 3 years, if incidental punishment
more serious do not fit him by force of another legal provision.
2-A The application of the ancillary penalty referred to in the preceding paragraph shall include the obligation to
presentation to a judicial authority or the criminal police body in days and hours
pre-established, taking into account both their professional demands and the domicile of the agent.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
30
3-Does not count for the purposes of counting the time limit of the interdiction measure provided for in paragraph 1, the
time in which the agent is deprived of freedom by force of coaction measure
procedural, penalty or measure of security.
Article 36.
Interdiction coaction measurement of access to sports precincts
1-If there are strong indications of the practice of crime provided for in this Law, the judge may impose the
argued the measures of:
a) Interdiction of access or permanence to the sports enclosure within which to perform
sporting spectacles of the modality in which the facts occurred; and or
b) Prohibition of approaching any sports enclosure, during the 30 days
previous to the date of the realization of any sporting spectacle and on the day of
realization of the same.
2-To the extent of coaction referred to in paragraph a) of the previous number apply to deadlines
maximum provided for the preventive arrest provided for in the Code of Criminal Procedure.
3-A The coaction measure provided for in paragraph 1 may be cumulated with the obligation of the accused
to present yourself to a judicial authority or criminal police body in days and hours pre-
established, taking into account their professional demands and the place in which it inhabits.
Article 37.
Provision of work in favour of the community
If the agent should be applied for a prison sentence in a measure not more than 1 year, the court
replaced it with work provision in favour of the community, save opposition from that or if if
conclude that by this means they do not perform properly and sufficient the purposes of the
punishment, in the remaining terms provided for in the Criminal Code and in the Code of Criminal Procedure.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
31
Article 38.
Duty of communication
1-Courts communicate to the criminal police bodies the decisions that apply the
measures provided for in Articles 33 and 34.
2-Whenever requested, the criminal police bodies send the information to which it relates
the previous number to CESD.
SECTION II
Illicit from mere social ordering
Article 39.
Counter-ordering
1-Constitute counterordinance, for the purposes of the provisions of this Law:
a) The introduction, sale and consumption of alcoholic beverages in the ring or perimeter of
security;
b) The introduction, transportation and sale in the sports precincts of beverages or other
products contained in containers that are not made of light material not
blunt;
c) The introduction, sale and rental or distribution in the cushion sports precincts
that are not made of non-blunt lightweight material;
d) The practice of acts or incitement to violence, racism, xenophobia and the
intolerance in sporting spectacles, without prejudice to other applicable sanctions;
e) The use in the sports precincts of buzins powered by batteries, current
electrical or other forms of energy, as well as any producing instruments
of noises installed in a fixed form, with the exception of the sound installation of the promoter
of the sporting spectacle;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
32
f) The use of luminous devices type laser light, which, by its intensity, is
capable of causing physical damage or disrupting the concentration and performance of the
athletes;
g) The introduction or use of explosive or pyrotechnician substances or devices or
objects that produce similar effects, without prejudice to other applicable penalties;
h) The pitch of objects, outside the cases provided for in Article 29.
2-To the practice of the acts provided for in the preceding paragraph when practiced against persons with
Disability and or incapacity, the counterordinational regime provided for in Law n.
46/2006, of August 28.
Article 40.
Fines
1-Constitui counterordinate very serious, punishing with fine between € 2000 and € 3500, the
practice of the acts provided for in points a), d) and g) of paragraph 1 of the previous article.
2-Constitui counterordinate serious, punishing with fine between € 1000 and € 2000, the practice
of the acts provided for in points b), e) and f) of paragraph 1 of the previous article.
3-Constitui counterordinate lightweight, punished with fine between € 500 and € 1000, the practice of the
acts provided for in points c) and h) of paragraph 1 of the previous article.
4-Sports agents who, by any way, practise or incite to the practice of
acts framed in the previous article are punishable by high fines, in their amounts
minimum and maximum, for double the predicted in the previous figures, respectively.
Article 41.
Determination of the measure of the fine
1-A The determination of the measure of the fine, within its limits, is done in the function of the
gravity of the counterordinance, the fault, the economic situation of the agent and the benefit
economic that this has removed from the practice of counterordinance.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
33
2-A attempt and neglect are punishable by being the minimum and maximum limits of the fine
applicable reduced to half.
Article 42.
Ancillary sanction
1-A conviction for the counter-ordinance provided for in the paragraph d) of Article 39 (1) may
determine, depending on the seriousness of the offence and the fault of the agent, the application of the penalty
accessory access to sports precincts for a period up to 1 year.
2-The provisions of Article 35 (2) and (3) apply, with the necessary adaptations, to the
present article.
Article 43.
Instruction of the process and application of the fine
1-A The instruction of the counterordinance processes referred to in this Law shall compete with the
Institute of the Sport of Portugal, I. P.
2-A The application of the fines is the competence of the civil governors of the district, in the territory
of the continent, and, in the Autonomous Regions, of the member of the Regional Government responsible for the
area of sport.
3-A The application of the fines, within the scope of the sporting competitions of a professional nature,
is within the competence of the President of the Institute of Sport of Portugal, I. P., who shall
to notify the Ministry of the Internal Administration of the opening of the respective proceedings of
counterordinance, the filing and the application of the fines that the case couber.
4-The final decisions of the counterordinance processes initiated by the practice of acts
xenophobes or racists are reported by the Institute of Sport of Portugal, I. P., à
Commission for Equality and Against Racial Discrimination.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
34
Article 44.
Product of the fines
1-The product of the fines reverses in:
a) 60% for the State;
b) 20% for the security force that raises the auto;
c) 20% for the Institute of Sport of Portugal, I. P.
2-In The Autonomous Regions, the product of the fines reverses in:
a) 60% for the Autonomous Region;
b) 20% for the security force that raises the auto;
c) 20% for the regional service of the area of sport.
Article 45.
Subsidiary law
The processing of the counter-ordinations and the implementation of the corresponding penalties
in this Law are subject to the general regime of counter-ordinations.
SECTION III
Disciplinary disciplining
Article 46.
Disciplinary sanctions for acts of violence
1-A The practice of acts of violence is punished, as per the respective gravity, with the
following sanctions:
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
35
a) Interdiction of the sports enclosure, and, well thus, the loss of the sporting effects of the
results of the sporting competitions, namely the titles and the apurings,
that are related to the acts that have been practiced and, still, the loss, total or
partial, of points in the sports classifications;
b) Realization of sports performances behind closed doors;
c) Fine.
2-The penalties provided for in the paragraph a) of the previous number are applicable, depending on the severity
of the acts and their consequences, to clubs, associations and sports societies
actors in the respective sports spectacle whose partners, fans or supporters,
practise one of the following offences:
a) Aggression on sports agents, elements of the security forces in service,
safety coordinator, sports precinct assistants, as well as all the
persons authorized by law or by regulation to remain in the area of the
sporting spectacle that justifiably take the referee not to start or
restart of the sporting spectacle or even give it for finning ahead of time
regulatory;
b) Encroachment of the area of the sporting spectacle which is justified in a justified way to the start
or completion of the sporting spectacle;
c) Occurrence, before, during or after the sporting spectacle, from aggressions to persons
referred to in para. a) , which prove lesions of particular gravity, either by their
nature, both for the time and degree of disability.
3-A The sanction of carrying out sports spectacles behind closed doors is applicable to the
entities referred to in the previous number whose partners, adherents or sympathisers, practice
one of the following offences:
a) Aggressions on the persons referred to in para. a) of the previous number;
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
36
b) Occurrence of disturbances or encroachment of the sporting spectacle area which
provoat, in an unwarranted manner, the delay in the beginning or restart of the show
sports or lead to its non-definitive interruption;
c) Aggressions on the spectators or on the elements of the media,
within the sports enclosure, before, during or after the sporting spectacle, which
determine lesions of particular gravity, either by their nature or by the time of
disability.
4-Without prejudice to the penalties provided for in the preceding paragraphs, the penalty of fine shall be imposed
on the terms set out in the regulations of the organisers of the sports competition or the
promoters of the sporting spectacle when the practice of the following offences is checked:
a) Aggressions provided for in paragraph c) of the previous number that do not review special
gravity;
b) The practice of threats and or coerson against the persons or entities referred to in the
a) of the previous number;
c) Occurrence of disturbances that provoat, unreasonably, the delay in the beginning or
restart of the sporting spectacle or lead to its non-definitive interruption.
5-If the situations provided for in the preceding paragraph result in damage to the infrastructures
sports that jeopardize the conditions of safety, the sports enclosure remains
interstated for the period necessary to the repose of them.
Article 47.
Other sanctions
1-The promoters of sporting spectacles that violate the provisions of Articles 19 and 21.
incur disciplinary and pecuniary sanctions, which must be applied by the respective
federation and professional league, pursuant to the respective regulations.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
37
2-We shall also incur the said penalties for promoters issuing securities of
ingress in violation of the provisions of Article 26 (3) and 5.
Article 48.
Disciplinary procedure
1-The penalties provided for in the paragraphs a) and b) of Article 46 (1) can only be applied
upon the introduction of disciplinary procedure to be carried out by the organiser of the
sports competition.
2-The disciplinary procedure referred to in the preceding paragraph starts with the reports of the
arbitrator, security forces, security coordinator and the organizer's delegate
of the sporting competition.
3-A competent body to apply for interdiction or spectacle sanctions
sports at the closed door graduates the penalty to be applied for a period of one to five
sports performances, implying recidivism in the same sporting epoch the
aggravation of the sanction for at least double the previous sanction.
Article 49.
Realization of competitions
In the case of interdiction of the sports precincts, the sporting competitions that the promoter
of the interdicted sports spectacle would be carried out as visited carry out in an enclosure to
indicate, by the federation or by the professional league, depending on whether they are respectively
professional or non-professional sport competition, and in the terms of the regulations
adopted.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
38
CHAPTER IV
Final and transitional provisions
Article 50.
Deadlines for the implementation of certain measures
1-It should occur until the beginning of the time of 2009-2010:
a) The adoption of the regulations laid down in Article 5 by the organiser of the competition
sports;
b) The fulfillment of the provisions of Article 15 by the organised group of supporters;
c) The installation of the videovigilance system provided for in Article 18, by the promoter of the
sports spectacle.
2-To the promoters of the sporting spectacle who obtain the right to participate in
sports competitions of a professional nature, by ascent step or by any
another procedure provided for in regulatory standards of the competitions, the deadline for whether
adept at the provisions of this Law shall be two years, counted from the beginning of the time
sports in which that right is obtained.
Article 51.
Default
The promoters of the sports show which, fining the deadlines referred to in the previous article,
do not comply with the requirements in this forecast, they are inhibited from holding any competition
sports of a professional nature.
Article 52.
Abrogation standard
It is repealed Law No. 16/2004 of May 11 and Article 6 of the Decree-Law No 238/92 of 29
of October.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law No. 249 /X
39
Article 53.
Entry into force
This Law shall come into force 30 days after the date of its publication.
Seen and approved in Council of Ministers of November 7, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs