Municipal police are barred from making arrests due to the decision made by the PGR, going against the wishes of Carlos Moedas.
In a recent development, the Lisbon mayor expressed surprise at the Government's agreement with the Public Ministry's General Prosecutor's Office (PGR) regarding the competence of the Municipal Police. The opinion, homologated by the Government on July 21, reiterates that Municipal Police in Portugal are administrative police, not security forces or criminal police.
The opinion, received in the Ministry of Internal Administration on April 4 of the current year, was requested by the previous government. It establishes that the Municipal Police do not have the power to conduct criminal investigations, except in limited circumstances explicitly provided by law.
Regarding arrests, Municipal Police officers are authorized to arrest suspects only in cases of public or semi-public crimes punishable by imprisonment, and only when such offenses are committed in flagrante delicto (caught in the act). After arresting a suspect, the Municipal Police must draw up a report and the respective arrest warrant. They are required to immediately hand over the detainee to the judicial authority or the competent criminal police body without delay.
The PGR argues that Municipal Police are administrative police, not security forces or criminal police. According to the PGR, Municipal Police cannot conduct criminal investigations nor make arrests. This stance was supported by the Ministry of Internal Administration (MAI) and highlighted the necessity for compliance with legal frameworks to avoid overreach into criminal investigation competencies.
The Lisbon Chamber's president advocated for Municipal Police agents to make arrests in cases of flagrante delicto. However, this proposal was rejected by the PGR, stating it is not a competence of the municipal police. The mayor proposed minor legal changes to facilitate the Municipal Police in managing suspects post-arrest, but this faced opposition citing the PGR’s clarifications on the limits of Municipal Police powers.
In summary, the Municipal Police in Portugal can perform immediate arrests in flagrante delicto for certain crimes, prepare related documentation, and transfer suspects to judicial or criminal police authorities, but do not conduct criminal investigations themselves as per the PGR’s official opinion. The Government's agreement with the PGR's stance serves to clarify the roles and responsibilities of the Municipal Police in Portugal.
The Government's agreement with the Public Ministry's General Prosecutor's Office (PGR) regarding the competence of the Municipal Police is a significant development in policy-and-legislation, reflecting the ongoing discussions in the politics sector. This agreement emphasizes that the Municipal Police in Portugal are administrative police, not security forces or criminal police, underscoring the need for clarity in general-news reporting.
