PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
Article 9 of Law No 36/94 of 29 September 1994, as amended. 7.5 Recent Landmark Investigations or Decisions The following are the most relevant investiga - tions involving corruption in Portugal. • Operation Marquês related to corruption acts allegedly carried out by a former Prime Minis - ter, the former CEO of the largest Portuguese private bank at the time and other former chief executives of Portugal Telecom, who were charged on several counts of corruption, money laundering, document forgery and tax fraud. Most of the charges were dropped in the pre-trial phase and further reinstated by the Court of Appeal in Lisbon ( Tribunal da Relação de Lisboa ). The rendering of a new pre-trial decision is pending. • Operation E-Toupeira investigated corruption in the sports sector. A former executive of one of the biggest Portuguese football clubs was found guilty of active corruption and was sentenced to imprisonment for two years and six months, which was suspended by the court. The defendant appealed the sentenc - ing decision, which was confirmed by the Court of Appeal in Lisbon. • Operation Lex investigated alleged corruption practices in the judicial system, which ended with the indictment of two former judges and the former president of a major Portuguese football club. • Operation CMEC related to corruption prac - tices in the energy sector, involving the top management of relevant Portuguese com - panies operating in the sector and former ministers (eg, the Minister of Economy) and secretaries of state, which ended with an indictment for the crime of corruption (active
and passive) relating to the unlawful act of a political officeholder. • Operation Tutti-Frutti investigated corrup - tion, influence-peddling, abuse of power and embezzlement by, among others, several relevant political figures. • Operation Altice investigated corruption and tax fraud in the telecommunications and real estate sectors. • Operation Influencer investigated corruption, prevarication, influence-peddling and undue receipt of advantages in the lithium, hydrogen and data centre sectors. • Operation Zarco investigated corruption, prevarication, influence-peddling, unjustified receipt of advantages and abuse of power in the construction sector on Madeira Island. • Operation Maestro investigated fraud involv - ing European subsidies allegedly carried out by a sports commentator and entrepreneur, and a journalist, among other people. • Operation Ab Initio investigated several crimi - nal practices such as economic participation in business, undue receipt or offer of advan - tages, prevarication and prohibition of funding of political parties, allegedly carried out by several political figures. • The “Emails case” investigated several criminal practices, such as active and passive corruption in the private sector, and economic participation in business and tax fraud in the sports sector involving one of the biggest Portuguese football clubs. 7.6 Level of Sanctions Imposed Apart from the sentence imposed in Operation E-Toupeira, the most severe penalty for corrup - tion imposed in Portugal was 13 years’ imprison - ment in Operation Face Oculta, relating to a cor - ruption ring favouring a private group operating in the waste management sector.
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