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Establishes Measures For The Protection Of Children, In Accordance With Article 5 Of The Council Of Europe Convention Against Sexual Exploitation And Sexual Abuse Of Children And The Second Amendment To Law No. 57/98, Of 18 August

Original Language Title: Estabelece medidas de protecção de menores, em cumprimento do artigo 5.º da Convenção do Conselho da Europa contra a exploração sexual e o abuso sexual de crianças e procede à segunda alteração à Lei n.º 57/98, de 18 de Agosto

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People's Party CDS-PP

Parliamentary Group

Assembly of the Republic-Palace of S. Bento-1249-068 Lisbon-Phone: 21391 9233-Fax: 21391 7456 Email: gp_pp@pp.

Draft Law No. 541/X

Enshrines legal permissions of access to criminal identification in

processes of minors, as well as the permanent record of decisions

of crimes against minors

On the past May 20, it proceeded in the Assembly of the Republic a

conference subordinate to the theme " Missing and Exploited Children

Sexually-Security on the Internet ", organized by the Institute of Support for

Child, in which he participated, among other entities, the Chief Prosecutor-General

of the Republic.

On that occasion, in statements provided to the press, the Chief Prosecutor-

General of the Republic warned of the existence of the real danger of individuals who

abuse, or abused minors, may come to adopt children, by the

simple fact that the crimes disappear from the criminal record decorated 5 or

10 years after the fulfilment of the penalty.

On the same occasion, the President of the Institute for Child Support expressed the

your astounded by the fact that the representatives of the Public Prosecutor's Office together

of the family courts and minors do not have access to the certificates of registration

criminal, specifically in actions of inhibition of exercise of power

paternal, when there is evidence of sexual abuse of the children and suspicion of the practice

of other previous crimes.

Ora, this type of alerts, by the fact that they are procoming from entities with

responsibility, direct knowledge about these situations and the

dangerousness of the legal goods in question, they cannot in any way

deserve the silence or omission for who has a duty to legislate and create a


legal planning that, in fact and not only in law, comes from meeting the

social context of the Country and the set of axiological values and valuations of

certain behaviors, as well as to dangerousness and social alarm

that can generate in the community at large.

With effect, of the set of values that can, and should, be weighted, the

legislator cannot, ever, forget the context in which it inserts itself, the constant

mutation of modern societies and the social impact that, at every moment,

certain behaviors can cause in society.

Indeed, not a proper glimpse of a legal system that allows, or

at least do not avoid, the legislative loopholes denounced and which, certainly,

deserve the concern of a wide majority of the Portuguese.

Through the present bill, it intends the CDS-PP to correct those two

dysfunctions of the Criminal Identification Act (Law No. 57/98 of August 18).


-No art. 7º of the cited law, adds to the incisit that enshrines the possibility

of, in addition to the cases of criminal investigation and prosecutions of the proceedings

criminal and carrying out feathers, to be able to the representatives of the judgeship

judicial and the Public Prosecutor's Office to access the information on criminal identification

in all processes involving minors;

-No art. 15º, expressly disdevotes the non-cancellation of the registration of

decisions on the crime of mistreatment and on crimes against freedom

personnel, when the victim is a minor, or about crimes against freedom or

sexual self-determination.


In effect, the governing body Assembly of the Republic, legislative body

for excellence, it cannot ignore the denunciations of the entities they know and

work on a daily basis with the reality of the minors and the processes that

say respect, not least when they warn of incongruities of the law

and of the loopholes that may allow for the practice of heinous crimes, under penalty of

not fulfilling, fully, the role that constitutional and legally is


By the exposed, the undersigned Deputies present the following project

of law:

Single Article

Articles 7º and 15º of Law No. 57/98 of August 18, go on to have the following


" Article 7º


1-Can still access the information on criminal identification:

a) The judicial magistrates and the Public Prosecutor's Office for the purposes of

criminal and instructional investigation of criminal prosecutions, of

processes involving minors and of processes of execution of


b) ...;

c) ...;

d) ...;

e) ...;

f) ...;

g) ...;


h) ...;

I) ...

Article 15º



2-When information on criminal identification is requested by

judicial magistrate or the Public Prosecutor's Office for any of the purposes to which it alludes

the Article 7º (1) (a) shall also be forwarded to the decisions

on the crime of mistreatment and on crimes against personal freedom,

when the victim is a minor, or about crimes against freedom or self-

sexual determination, albeit cancelled.

3-(previous # 2).

4-(previous # 3).

Palace of S. Bento, June 16, 2008.

The Deputies,