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Organic Law



CHAPTER III

Personnel regime

SECTION I

General provisions

Article 57.º

Personnel
  1. SEF personnel will fall within one framework, the composition of which will be fixed by ordinance of the Ministers of Finance, Home Affairs and State Reform and Public Administration, and is composed of:
    1. Management personnel;
    2. Investigation and inspection personnel;
    3. Vigilance and security personnel;
    4. Information systems personnel;
    5. Auxiliary personnel;
    6. Worker personnel.
  2. The special SEF corp is composed of:
    1. Management staff;
    2. Research and inspection professionals;
    3. Vigilance and security professionals.
  3. The career of assistant to research and inspection is a career of SEF’s special regime.

Article 58.º

Personnel contracting As laid down in legislation applicable to the civil service, as a whole, fixed term labour contracts may be signed to meet the temporary needs of the service and for a pre-determined duration.

Article 59.º

Staff identification
  1. Criminal police authorities and agents of authority are identified by using a free-pass card or a badge.
  2. Remaining staff members are identified by using a specific card.
  3. In mobile control operations personnel will be identified by the use of the uniform referred to in sub-paragraph b) of n° 1 of article 5 of Ordinance n° 787/98, of 21 September, and vehicles will be identified by using luminous signals.
  4. The identification models referred to in the previous numbers are approved by ordinance of the Minister of Home Affairs.

Article 60.º

Use of uniform
  1. Personnel with a career in research and inspection when they are on duty at border posts and mixed border posts, must wear the respective uniform.
  2. Besides the stipulation in the previous number, the director general may decide the uniform should be worn when circumstances recommend this.
  3. Surveillance and security personnel, when on duty, must wear the uniform.
  4. Without prejudice to what is stipulated in n° 1, the director general may dispense staff from wearing the uniform whenever the nature of certain missions demands this.
  5. The personnel referred to in the previous numbers will be supplied by SEF with the model of uniform and emblems approved in a ruling from the Minister for Home Affairs, in which the allocation and duration of each uniform is determined.

Article 61.º

Use of means of coercion and firearms
  1. The criminal police authorities and agents of authority referred to in article 3 in all circumstances defend and respect human life and physical and moral integrity, and human dignity, and they use persuasion as a means of acting, only using force in the case of absolute necessity.
  2. The staff referred to in the previous number have the right, regardless of license, to use and carry fire arms of the model and calibre defined in a joint ruling from the Ministers of Home Affairs and National Defence.
  3. The staff referred to in n°1 may only use force in the cases expressly laid down by law, using means of coercion in the following cases:
    1. To hold off an imminent or real aggression, in their own defence or that of others;
    2. Overcoming violent resistance to their acting in their line of duty and maintaining order after unequivocally calling those resisting to order and after exhausting all other possible means to achieve this;
  4. The use of a firearm by personnel as referred to in n° 1 complies with the principles and rules laid down in Decree-Law n.º 457/99, of 5 November, in every aspect in which this is applicable.
  5. The use of a firearm for instruction and in approved places is not covered by the stipulation in the previous number.

Article 62.º

Use of means of transport
  1. The criminal police authorities and agents of authority have the right to use public transport throughout Portugal, by showing a free-transit pass.
  2. The Ministers of Home Affairs and Social Facilities fix on an annual basis, in a joint ruling, the charge arising from attributing the right described in n° 1, to be paid by SEF.

Article 63.º

Driving service vehicles The SEF personnel listed in sub-paragraphs a) to d) of n° 1 of article 57, who have a driving license and are duly cleared to drive service vehicles, should drive such vehicles whenever this is necessary to perform the work of the service and without prejudice to the respective functional content, providing the legal liability of the staff member is safeguarded.

Article 64.º

Specific implementation The regime covering the performance of duties and the status of staff on SEF’s personnel list will be covered by a specific law to be approved within 60 days counting from the date on which this decree-law comes into force.

SECTION II

Management and Supervisory staff

SUBSECTION I

Management staff

Article 65.º

Chart of management staff
  1. SEF has the management staff listed on the chart attached to this law, and of which it is an integral part.
  2. The duties of the director-general and the deputy director-general, the latter the equivalent of sub-director-general, are backed by the terms established in the status of management personnel in the civil service.
  3. The central and regional directorates are directed by their respective directors of central and regional directorates, the equivalent of service directors.
  4. Offices and departments are directed by their respective office co-ordinators and heads of department, the equivalent of heads of division.
  5. The position of Inspection Office co-ordinator is the equivalent of services director and those of the sub-director of central and regional directorates are the equivalent of head of division.

Article 66.º

Director of the central directorate, regional director and co-ordinator of the Inspection Office
  1. Recruiting for the position of director of the central directorate is done by competition, from among the graduates in the categories of higher inspector or level 1 inspector, or from staff who, in the terms of management staff of the civil services, can be hired for the position of director of services.
  2. Recruiting for the position of co-ordinator of the Inspection Office is done by competition, from among the graduates in Law in the categories of higher inspector, or form staff who, in the terms of management staff of the civil services, can be hired for the position of director of services.
  3. Recruiting for the position of director of the Central Directorate for Information Systems is done by competition, from among the staff who can be recruited to the position of services director, in the terms of the status for management staff in the civil service.
  4. Recruiting for the position of director of the central directorate of operational services with attributions exclusively in the areas of Research and border control, and the position of regional director, is done by competition, only from among higher inspectors, co-ordinator inspectors or level 1 graduate inspectors.

Article 67.º

Head of department, office co-ordinator, sub-director of central direction and the regional sub-director
  1. Recruiting for the position of head of department, office co-ordinator and regional sub-director is done by competition from among higher inspectors or graduate inspectors from at least level 2, or from staff who, in the terms of the status of management staff of the civil service, can be recruited to the position of head of division.
  2. Recruiting for the position of sub-director of a central directorate is done by competition from among only at least level 2 inspectors.
  3. Recruiting for the position of head of department and regional sub-director of operational services with attributions exclusively in Research and border control, is done by competition only from at least level 2 inspectors.

SUBSECTION II

Head of Personnel

Article 68.º

Supervisory positions
  1. Supervisory positions are:
    1. Type 1 and 2 heads of delegation;
    2. Head of regional department;
    3. Staff member responsible for type 3 border post and mixed border post;
    4. Deputy responsible for type 1 border posts;
    5. Head of centre;
  2. The positions referred to in n°1 are carried out in service commission, for periods of 3 years, renewable, in a ruling from the director-general, and may be terminated at any time by the director-general with due justification.

Article 69.º

Hiring for supervisory positions

1. Hiring for the positions referred to in the previous article is done for:

  1. Heads of type I delegation, from among inspectors with at least three years experience of work in the career sector and, exceptionally, in circumstances duly justified, from among principal deputy inspectors;
  2. Heads of regional departments, from among inspectors with at least three years experience in the career sector;
  3. The head of the regional department for research and inspection and for a type 2 border post, only from among those inspectors with at least three years experience in the career sector;
  4. Those responsible for a type 3 border post, from among inspectors, without prejudice to the ruling in n° 3 of article 53;
  5. The deputies of the person responsible for a type 1 border post, from among inspectors;
  6. Those responsible for a mixed border post, from among inspectors or principal deputy inspectors and, in exceptional circumstances that are duly justified, from among level 1 deputy inspectors;
  7. The centre heads and heads of type 2 delegations, from among, at least, principal deputy inspectors or in exceptional cases that are duly justified, from among level 1 deputy inspectors, in either case with proven professional experience.
  8. For one year, counting from the date on which this law comes into force, the heads of regional departments, centre heads and the heads of type 2 delegations may be recruited respectively from among advanced technical staff, section heads and specialist administrative assistants who can prove they have professional experience in the respective working areas, with a minimum of three years.

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