Wandering Off Topic

[jassi]

I'm discussing it with you Jassie.  I'm a member of a discussion forum as are you.  That is what we do because quite simply that is all we are equipped to do as I think most of us have realised that we aren't going to change the world.
The Portuguese authorities as far as I know are not members here.

You and I are entitled to express our opinions though.  I sometimes wish you would take advantage of that by attempting to expand the discussion somewhat as opposed to issuing one liners designed to put down other members and or stifle debate.

So really it was a rhetorical question as none of us are likely to know the answer.

[Carana]

In other words, was he pushed or did he jump?

In my opinion he didn't need to resign but he might have been offered early retirement and his pension if he did.  The Cipriano fiasco must have been a determining factor in that decision imo since if convicted of perjury his position as a senior officer would have been untenable.

I don't see how he could have taken "early retirement": he was 50 at the time.

According to Article 148 of their regulations (if I'm deciphering it correctly), you can request retirement as of 60 (I haven't found anything about years of service as is the case in some other countries). There is a scheme for those lower down the bread-scale whereby they can get a partial pension, also as of 60, in return for reserve duty, which wouldn't apply in his case, either.

SECÇÃO II Aposentação
  Artigo 148.º
Passagem �  situação de aposentação   
1 - O pessoal de investigação criminal, mesmo quando provido em comissão de serviço em cargos dirigentes, passa �  situação de aposentado, se o requerer, quando tenha completado 60 anos de idade.
2 - O disposto no número anterior é aplicável ao pessoal na situação de disponibilidade.
  Contém as alterações dos seguintes diplomas:
   - DL n.º 235/2005, de 30/12
     Consultar versões anteriores deste artigo:
   -1ª versão: DL n.º 275-A/2000, de 09/11
http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?tabela=leis&artigo_id=&nid=35&ficha=101&pagina=&nversao=&so_miolo=


I can't find what the penalty is for the most serious category (f - demissão), which in context would seem to mean dismissal.

Assuming the penalty is accordingly more severe, I would imagine that there would be no pension rights, which Amaral does seem to have retained, whether that was actually a full pension or a reduced one as in the equivalent for Europol.

As he already had a fine and a suspension over the Cipriano saga, which I imagine would count as an aggravating factor, then I would find it logical that he either got option D - "inactividade" (one category worse than suspension) or option E - compulsory resignation.

The problem with Option D -  "inactividade", is that it doesn't correspond to the "aposentação" for disciplinary reasons cited in the court case.


By elimination, therefore (IMO), my conclusion is that he must have got slapped with Option E - compulsory resignation. Looking through the list of types of misconduct that qualify, the most obvious one (IMO) would be conduct that reflects badly on the PJ's prestige and dignity.

[Carana]

Note: aposentação can apparently mean retirement or resignation. However, in police lingo, "aposentação compulsiva" is translated by euro-lex as compulsory resignation. "Aposentação no interesse da Europol ..." =  "retirement in the interests of Europol", but this doesn't exist in the PT disciplinary code.
* https://www.linguee.com/portuguese-english/translation/aposenta%C3%A7%C3%A3o+compulsiva.html


Double-checked on something.

As with Europol (and the 25th Amendment in the US), someone can be removed from office due to physical or mental incapacity.

However, this appears to be irrelevant in terms of Amaral's situation.

 Artigo 150.º
Aposentação por incapacidade   
1 - Os funcionários que, por debilidade ou entorpecimento das faculdades físicas ou intelectuais manifestadas no exercício da função, não possam continuar nesta sem grave transtorno para os serviços serão submetidos a junta médica da ADSE.
2 - O funcionário submetido a junta médica, nos termos do número anterior, que for julgado incapaz será notificado do parecer desta e disporá de 30 dias para requerer a aposentação ou produzir, por escrito, as observações que tiver por convenientes.
3 - O funcionário que, nos termos do número anterior, não requeira a aposentação decorrido o prazo aí referido é submetido a junta médica da Caixa Geral de Aposentações.
4 - O funcionário que se encontre na situação prevista no n.º 2, e enquanto não tiver lugar a decisão final sobre a aposentação, pode ser suspenso do exercício de funções sempre que a respectiva incapacidade o justifique, por despacho do Ministro da Justiça, mediante proposta do director nacional.
5 - A suspensão prevista no presente artigo é executada por forma a serem resguardados o prestígio e a dignidade do funcionário e não produz efeitos sobre as remunerações auferidas.
   

http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?tabela=leis&artigo_id=&nid=35&ficha=101&pagina=&nversao=&so_miolo=

[Alice Purjorick]

Note: aposentação can apparently mean retirement or resignation. However, in police lingo, "aposentação compulsiva" is translated by euro-lex as compulsory resignation. "Aposentação no interesse da Europol ..." =  "retirement in the interests of Europol", but this doesn't exist in the PT disciplinary code.
* https://www.linguee.com/portuguese-english/translation/aposenta%C3%A7%C3%A3o+compulsiva.html


Double-checked on something.

As with Europol (and the 25th Amendment in the US), someone can be removed from office due to physical or mental incapacity.

However, this appears to be irrelevant in terms of Amaral's situation.

 Artigo 150.º
Aposentação por incapacidade   
1 - Os funcionários que, por debilidade ou entorpecimento das faculdades físicas ou intelectuais manifestadas no exercício da função, não possam continuar nesta sem grave transtorno para os serviços serão submetidos a junta médica da ADSE.
2 - O funcionário submetido a junta médica, nos termos do número anterior, que for julgado incapaz será notificado do parecer desta e disporá de 30 dias para requerer a aposentação ou produzir, por escrito, as observações que tiver por convenientes.
3 - O funcionário que, nos termos do número anterior, não requeira a aposentação decorrido o prazo aí referido é submetido a junta médica da Caixa Geral de Aposentações.
4 - O funcionário que se encontre na situação prevista no n.º 2, e enquanto não tiver lugar a decisão final sobre a aposentação, pode ser suspenso do exercício de funções sempre que a respectiva incapacidade o justifique, por despacho do Ministro da Justiça, mediante proposta do director nacional.
5 - A suspensão prevista no presente artigo é executada por forma a serem resguardados o prestígio e a dignidade do funcionário e não produz efeitos sobre as remunerações auferidas.
   

http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?tabela=leis&artigo_id=&nid=35&ficha=101&pagina=&nversao=&so_miolo=

No doubt there is a letter of severance giving the full SP sloshing about somewhere.
If one had a copy of that docuemnt one would not be reduced to playing guessing games.

[Carana]

As usual an interesting and informative post, Carana.

PJ seeks suspension for investigators
The Judiciary Police Disciplinary Unit asks for the suspension of Paulo Pereira Cristóvão, Gonçalo Amaral and three PJ inspectors for alleged involvement in the case of assaults on Leonor Cipriano, convicted of the death and concealment of her daughter's body, Joana, in 2004.
Ler mais em: http://www.cmjornal.pt/portugal/detalhe/pj-pede-suspensao-para-investigadores


Contrary to popular belief it appears that Amaral was not the credit to the Judiciary Police that many claim him to have been.
The PJ themselves wanted him and some of his peer group suspended and I believe Paulo Pereira Cristóvão did eventually leave the service under a cloud which didn't prevent him from carving out bigger and better future careers.

I did find the description of Leonor Cipriano's conviction for "the death and concealment of her daughter's body" food for thought.

So do I, now that you mention it.

"... condenada pela morte e ocultação do cadáver da filha"

Ler mais em: http://www.cmjornal.pt/portugal/detalhe/pj-pede-suspensao-para-investigadores

[Carana]

No doubt there is a letter of severance giving the full SP sloshing about somewhere.
If one had a copy of that docuemnt one would not be reduced to playing guessing games.

Agreed. However, as I can't find it online, I can only go by

Which is in the April 2015 ruling of that interminable saga.

[Carana]

No doubt there is a letter of severance giving the full SP sloshing about somewhere.
If one had a copy of that docuemnt one would not be reduced to playing guessing games.

And, unless the PT Official Journal (or whatever it's called) got it totally wrong, he did already have a suspension sanction over the Cipriano case, ultimately reduced in severity on appeal - as per my earlier cite.

[Carana]

This is the Foreword from the French version.

“Certainly, this book responds to the need I felt to defend myself, having been discredited by the institution for which I worked for more than twenty-six years, without being given any chance to explain myself, publicly or within the institution itself. I made the request several times, but it was never heard. I, therefore, scrupulously respected the rules of the police judiciaire and I refrained from making any comment. But this goes without saying: I experienced that silence to which I was constrained as an attack on my dignity. Later, I was removed from the investigation. It was then that I understood that it was time to speak. To do that, I requested early retirement in order to be able to express myself freely.

However, the purpose of this work is more important: to contribute to finding the truth so that justice can finally be done in the investigation known as the “Maddie case.” Truth and justice are two values strongly anchored within me, which reflect my profound beliefs: they always guided the work I did for the institution to which I am proud to have belonged. Even in retirement, they continue to inspire me and to be present in my life.

In no way does this text seek to challenge the work of my colleagues in the police judiciaire or to compromise the ongoing investigation. I am convinced that the disclosure of all the facts may, in the present case, result in harming the investigation. However, the reader will have access to unpublished information, to new interpretations of events – always with respect for the law – and, of course, to relevant enquiries.

The only objective of a criminal investigation is the search for truth. There is no place for the “politically correct.”

I can't find any provision for "requesting early retirement" at age 50. Retirement options are (or were) as of 60.

He - understandably - doesn't mention his disciplinary sanctions.

[John]

I can't find any provision for "requesting early retirement" at age 50. Retirement options are (or were) as of 60.

He - understandably - doesn't mention his disciplinary sanctions.

In the UK a police officer can retire on half pension after only twenty years in the job.  After 30 years they can retire on a full pension despite their age.  Many go on to start second careers.  Same applies to the Navy, Army and RAF.

I don't know exactly what the rules are in Portugal but Amaral had almost 30 years under his belt in 2007 so he was eligible to retire at 50.

[Carana]

In the UK a police officer can retire on half pension after only twenty years in the job.  After 30 years they can retire on a full pension despite their age.  Many go on to start second careers.  Same applies to the Navy, Army and RAF.

I don't know what the rules are in Portugal but if Amaral was in the police since he was 20 then he could retire at 50.

Yes, I know, which I was looking out for an option related to years of service, but didn't find one - only the as of 60 one.

[John]

The 30th of June 2008 marked Gonçalo Amaral's last day of service for the PJ. It was a day that passed like many before, in a proud 27-year career.

So he didn't make the 30 years, no doubt his pension was calculated accordingly.

[Carana]

The 30th of June 2008 marked Gonçalo Amaral's last day of service for the PJ. It was a day that passed like many before, in a proud 27-year career.

So he didn't make the 30 years, no doubt his pension was calculated accordingly.

But it's not based on years of service in PT, John. At least, as far as I've been able to find.

ETA: However, the amount does appear to be calculated according to years of service and level of salary.
http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?artigo_id=1862A0081&nid=1862&tabela=leis&pagina=1&ficha=1&so_miolo=&nversao=

[Carana]

From the document above,

Artigo 81.º
Aposentação 1 - Sem prejuízo do regime estatutariamente previsto para os militares da Guarda Nacional Republicana, para o pessoal com funções policiais da Polícia de Segurança Pública, para o pessoal da Polícia Judiciária, para o pessoal do corpo da guarda prisional e para os funcionários judiciais, a idade de aposentação e o tempo de serviço estabelecidos no n.º 1 do artigo 37.º do Estatuto da Aposentação passam a ser de 65 anos e de 15 anos, respetivamente

Googlish:
Retirement 1 - Without prejudice to the statutory provision for military personnel of the Republican National Guard, personnel with police functions of the Public Security Police, personnel of the Judicial Police, prison corps personnel and judicial officers, the retirement age and the period of service established in paragraph 1 of article 37 of the Retirement Statute shall be 65 years and 15 years, respectively

From the PJ regulation document I posted earlier (although it dates back to '94, I haven't found any update), there was an option to request retirement as of 60, but the normal age is 65. 

That's why, unless I come across anything else, I don't see how he could have requested taking early retirement at 50...

ETA: A caveat is that it's not clear what law this bit refers to:
Article 79

1 - O regime da aposentação voluntária que não dependa de verificação de incapacidade fixa-se com base na lei em vigor e na situação existente na data em que se profira despacho a reconhecer o direito à aposentação.

Googlish:
1 - The system of voluntary retirement that does not depend on verification of incapacity is fixed based on the law in force and the situation existing on the date on which the order to recognize the right to retirement is given.

[slartibartfast]

What is this latest area of discussion intended to reveal?

[Angelo222]

What is this latest area of discussion intended to reveal?

Amaral will always be a target so every little facet of his life has to be investigated.  I see no problem with that.

As to his retirement, he had a mostly successful 28 years in the Portuguese police rising to the level of coordinator and head of the PJ in Portimão.