Internal security
In the field of internal security, the police force’s action or omission also triggered the
intervention of this State body. The most frequent situations are related to the public
attendance services or attention given to citizens’ requests.(37)
Whenever a conduct that is likely to integrate the practice of a disciplinary infraction
and its procedure is under investigation by the General Inspection for Internal Administration, this State body monitors the situation. For instance, there was a case where
reservations had been made to the action of police officers in an intervention on noise
produced by dogs. Once the investigations have been carried out, and since no further
inquiries have been justified, this State body still has indicated that «members of the
security forces should behave in order to preserve the confidence, consideration and prestige inherent to the police function, treating all citizens, nationals, foreigners or stateless persons with courtesy and respect, promoting coexistence and providing all the help,
information or requested clarification, in the field of their competences»(38).
In a complaints procedure concluded in the year to which this report refers, the SEF’s
action was contested for having carried out two control operations on the same day and
to the same citizen upon her exit and re-entry in national territory. Notwithstanding such
control has a valid legal basis - since the procedure in which those operations took place
was not extinguished - and, likewise, the informality of SEF’s action ensured that travels were carried out normally, Ombudsman has signaled to SEF that the inconvenience
caused by that duplication could have been avoided by the rapid and proper insertion of
the data in the database, since the return date would have already been mentioned in the
travel documents.
Still in this area of internal security, the requests made for intervention by this State
body continue to raise as the result of expressed reservations regarding the application of
the legal regime of arms and ammunition (11), especially as regards the payment of fees,
especially when at stake is the substitution of administrative documents, being, however,
certain that we are facing an activity which requires prior authorization.
In this context, in a specific case there was an opportunity to emphasize that the CRP
does not state the right to use and carrying of a weapon. Following the case-law of the
Constitutional Court, it was stated that «there is no constitutional right to use and carrying arms, without excepting the hunting guns, regardless of constraints, including those
dictated by the public interest to avoid inherent dangers, which can be safeguarded by
granting licenses and withdrawing them», and «it is justified to say that the license is
(37) See, for example, Positions adopted 2016, pp. 175-178.
(38) See article 7 (2) of the Code of Ethics for Police Service, published by the Council of Ministers Resolution
No. 37/2002, of February 7, published in Diário da República No. 50, 1st Series-B, of February 28.
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