I appologise for taking so long with the documents translation, but better late than never
Sindicate of Association of portuguese judges - Paragraph 6
Program of the XVII Government for the Area of Justice
The Government assumes that an improvement in the efficiency of the combat against crime requires the adoption of political decisions that include
fundamental factors such as reintegration instead of exclusion.
On the other side the Government recognizes that the increase of efficiency can not destabilized the guaranties of defense we have established with
our Constitution, as it is the right of a Democracy Built Sate.
The Assembly of The Republic, under Governmental initiative will start a periodic, generalized investigation of the Political Priorities of Criminal
Investigation, specially in what concerns the Public Ministry, based on the new legislation Board as described in article 219 of Our Constitution.
In Revision of The Penal Process, the competence of the involved parts ( Judges, Attorneys, Ministry Magistrates and other organs of the Criminal
Police), will be revised concerning the investigation and guarantee of the victims and defendants rights, more precisely, the Judicial Secrecy Regime
concerning telephonic recordings, and preventive imprisonment. We take these steps in order to make our Judicial System even more compliant with the
Constitutional Rules and Principles.
Coercive Means will also be reinforced as an option to preventive imprisonment, to this ruling applies the increase of electronic surveillance.
The Government will also perfect and adjust the Penal Code in equivalence with the complexity of the perpetrated crime.
To improve our Criminal Investigation Capacity, the Integrated Criminal Information System will be perfected and updated with connection to the
Adequate Public Information Databases. A General Genetic Database will also be created for the purpose of Civilian Identification, which will also be
used in Criminal Investigation.
Anti-terrorist Programs will also be re-enforced, as well as Programs against Organized Crime, Corruption, Financial Crimes, and Drugs, Gun and Human
« TSF » Portuguese radio.
“Skepticism about the General Genetic Database”
-- The Genetic Database proposed by The Government to update the Investigation and Fight against Crimes, is seen as a “two blade knife”* by the
Criminal Expert Mr. Moita Flores. Other interviewed experts have also expressed doubt and Skepticism concerning this Proposal.--
The Experts have raised doubts and question about who would have access to this Database and who would control the Criminal and Enforcement Process
Mr. Moita Flores points out the advantages, as well as many disadvantages of this Governmental Initiative.
“It can mean that we will be able to identify any perpetrator as well as Missing People thru their DAN, wither it is blood, Sperm, saliva, hair…
any kind of recovered Identifiable DAN. But it will also mean that we will allow the Government, Police, Judges and all Authorities to invade our
private life in an unprecedented fashion.”
Constitutional Advisors, such as Mr. Jorge Bacelar Gouveia, still have many doubts and Concerns remaining over this Project. Specially taking in
consideration the low amount of genetic data existent to start the Database .He questions the efficiency and utility of a database of this nature when
it requires such a big amount of such sensitive data.
Mr. Gouveia’s comment:
“ One thing it so make a collection of this kind of data, during an investigation, the other is to “molest” and entire Population.
I personally think, that it ends up in an excessive generalization of the public, in what concerns the collection of the genetic data. Besides being
inefficient in my point of view, I also fail to see, what Authority could possibly undertake the collection of genetic database of 10 Million
Portuguese Citizens, and I really doubt it could have any utility during Criminal Investigation.”
Helena Machado’s Skepticism
This Sociologist and Criminal Investigation, ponders and questions the problems caused by the creation of such database.
“The debate has been going around and about the defense of the Citizens’ rights and guarantees. A great question is brought out, and the question
is how this kind of investigation and collection for the Genetic Database can affect the citizen’s right to Privacy as well as to Physical
But one of the biggest fears of the Portuguese Public concerns to WHO would control and access this database, and also why would this database be for
all citizens and not just for those who committed crimes.
Common Citizen Card
Common Citizen Card
The Government Proposed the creation of a “Common Citizen Card” to end the Red Tape and Useless Administrative Actions, in a strategy to simplify
and end the Judicial System’s Congestion.
On a chapter called “Justice at the Service of the Economical and Social Development”, The XVII Constitutional Government Program Proposes the
creation of a Common Citizen Card, as where all the required information of the Citizen will be presented. This card would gather Civilian
Identification, Economical (as in tax related), Health, voter status, and all other information required by the Constitutional Terms. (…)
Comments welcome ...