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Francisca van Dunem challenged the applicability of the whistleblower protection regime to the Football Leaks whistleblower Rui Pinto.
The separation of processes in the investigation phase, avoiding mega-processes, and the conclusion of agreements on the penalty applicable in sentence, based on the confession, are two of the main measures provided for in the National Strategy to Combat Corruption.
The measures of the national strategy were presented today in Lisbon by the Minister of Justice, Francisca van Dunem, who, however, stressed that the “key to the problem” in tackling corruption lies in prevention, since it is understood that the repressive system, however sophisticated it may be. in other words, it is “insufficient to seriously reduce the phenomenon.”
However, at the level of repression, the strategy proposes some adjustments to the mechanisms that already exist in Portugal, such as the dispensation of the sentence, the attenuation of the sentence or the provisional suspension of the process, with the minister emphasizing that these solutions are intended to be applied. in practice and assist research.
Still in the repressive sphere, the National Strategy to Combat Corruption (ENCC), approved today by the Council of Ministers for public discussion, intends to reinforce the accessory sanction for prohibiting the exercise of public functions applied to the holders of public positions who commit media crimes or high severity, providing for longer periods of impediment and making it applicable to holders of political office, as indicated in an informative note distributed to journalists.
Regarding prevention – which the minister insists is the “key to the problem”, the intention is to reinforce the role of the school, transmitting to children and youth values that generate repudiation of corrupt practices.
Another preventive measure provides for the implementation, within the public administration and medium and large companies, of programs aimed at the prevention and detection of illegal practices and the protection of managers or workers who report such practices, thus complying with the recommendations of the Union. European Union.
It is also intended to create an anti-corruption mechanism with powers of initiative, control and sanction within the scope of the general regime for the prevention of corruption and with powers regarding the collection and processing of information and organization of activities between public and private entities related to corruption. .
Francisca van Dunem said that the fundamental element in the fight against corruption is “primary prevention”, which is why schools, universities and training must be provided to all leaders and public officials on the dangers and negative consequences of corruption and for the need for probity and transparency.
The minister also pointed out that “an important dimension of corruption” is in the private sector, and that “little is said” although it also has “enormous relevance.”
Regarding the repression of corruption, he pointed out as “complex problems” the late knowledge of illegal acts, the difficulty of breaking the “pacts of silence” and the trend related to the development of “large processes”, an expression that he prefers. against the term “megaprocesses”.
The minister announced the intention of carrying out “surgical” interventions to solve these types of problems, in order to “remove obstacles to the application” of the mechanisms already in place in the law that allow the reduction or reduction of the sentence.
Regarding the “magnitude of the processes” – another expression used as an alternative to the term “megaprocesses” – Francisca van Dunem said that the intention is to interfere in terms of procedural connection rules, to allow, in certain contexts, that it is possible ” to stop the connection of processes ”, thus being“ possible to work with smaller materials ”.
In relation to the possibility of reaching agreements on the applicable penalty, during the trial, this will imply, he explained, that the full and unreserved confession of the facts be verified. This will allow the accused and the Public Ministry “to negotiate the applicable sanction without having to provide evidence in relation to the facts.”
Therefore, he added, “the court will only have to prove the guilt of the agent.”
The minister stressed that in relation to the adjudicated motive, the “question does not arise”, because “it is not the sworn motive that we are talking about here,” but only about an institute that already exists in the Portuguese penal system and that is only “. to get better “.
Asked about the protection regime for complainants, on the eve of the start of the trial of hacker Rui Pinto (creator of the Football Leaks platform and who denounced the Luanda Leks case), Francisca vab Dunem indicated that the regime is planned within the framework of the European Union. and there is a directive that Portugal will have to transpose into national legislation.
“This regime is based on the assumption that the complainant is part of an organization and has knowledge of the (illegal) acts due to his activity in that organization and, consequently, through the appropriate complaint channels, makes the complaint” said the minister. referring that for this reason “this is not exactly the situation” that he faced in the question about the applicability of this regime to the accused and complainant of Football Leaks Rui Pinto.
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