Delay in the election is not attributable to the police.
News Article: Lisbon Municipal Police's Powers Under Scrutiny as PGR Opinion Revealed
Following the early legislative elections of May 18, 2024, the PSD/CDS-PP government, led by social democrat Luís Montenegro, remained in power with changes in its composition, including the Ministry of Internal Administration (MAI). The MAI has recently come under scrutiny due to a four-month delay in homologating the opinion of the Consultative Council of the Public Prosecutor's Office (PGR) on the competencies of municipal police forces in Lisbon.
The opinion, which was received by the MAI on April 4 under a caretaker government following the dissolution of the Assembly of the Republic and the calling of early elections, states that an order given by the President of the Municipal Chamber of Lisbon in September 2024, regarding the expansion of the municipal police's powers, is illegal.
The PGR's opinion reaffirms that municipal police forces are not allowed to make arrests, except for the expressly provided exceptions in the law, such as when proceeding with arrests in flagrante delicto for public or semi-public crimes punishable by imprisonment. One of these exceptions is the ability to proceed with arrests in flagrante delicto, in which cases the respective autos must be drawn up and the detainee must be immediately handed over to the competent judicial authority or criminal police body.
The MAI, led by current Minister Maria Lúcia Amaral, did not hide the opinion, and the document was "under consideration". According to the law (article 50.1 of the Statute of the Public Prosecutor's Office), its conclusions are published in the Diário da República after homologation. However, the MAI has not yet made an official stance on the matter, nor has the Inspectorate-General of Internal Administration (IGAI) opened an investigation into the actions of the Lisbon Municipal Police.
The opposition councilors in Lisbon's City Council, including PS, PCP, Livre, BE, and Cidadãos Por Lisboa, argue that the PGR's opinion "cannot be ignored". The President of the Lisbon City Council, Carlos Moedas (PSD), has proposed a "small change" in the law to allow the municipal police to detain suspects of crimes in flagrante delicto and take them to a PSP station.
The MAI has not responded to questions from the Lusa agency regarding the PS's proposal to compensate affected citizens in this context and if it confirms that the IGAI has opened an investigation into the actions of the Lisbon Municipal Police. The current Minister, Maria Lúcia Amaral, did not address most of the questions from the Lusa agency, including whether she considers the Lisbon municipal police to be acting illegally.
As the situation develops, it is expected that official statements may be made by the relevant authorities, providing further clarity on the matter. For now, the PGR's opinion serves as a significant point of contention in the ongoing debate about the powers and responsibilities of the Lisbon Municipal Police.
- The debate about the powers and responsibilities of the Lisbon Municipal Police has been intensified by the Public Prosecutor's Office (PGR) opinion, which states that municipal police forces, like those in Lisbon, are not allowed to make arrests, except for exceptions in the law, such as when proceeding with arrests in flagrante delicto.
- The ongoing discussion about the Lisbon Municipal Police's powers is centered around the PGR's opinion, which reaffirms French-inspired Portuguese legal principles that municipal police forces cannot make arrests, except for the expressly provided exceptions, and highlights the importance of the proper implementation of policy-and-legislation within Portuguese politics, as demonstrated in this general-news case.
