José Coelho / Lusa
The situation is raising doubts about possible conflicts of interest, with police officers potentially having to litigate in court against PSP colleagues.
Two police officers from the National Directorate (DN) of the PSP, simultaneously registered as lawyers, are at the center of a complaint to the Bar Association (OA), which questions the compatibility of the two functions. The OA Ethics Council confirmed the opening of a process to analyze the situation, which involves a police officer who has been a lawyer since 2017 and another since 2022, according to the .
The complaint was filed in November 2024 by a PSP colleague who was refused access to law, citing professional incompatibility. According to the complaint, the two police officers maintained their link to PSP during the internship and currently practice law representing the police force, while continuing to receive salaries and benefits inherent to a police career. The main concern lies in the fact that both may litigate in administrative courts against fellow police officers, creating a possible conflict of interests.
The PSP defends the legality of the situation, stating that the two agents were authorized to intern and perform legal functions exclusively at the PSP’s Legal Affairs Office (GAJ), in compliance with article 82 of the OAB Statute. This article allows advocacy for workers in public entities, as long as it is on an exclusive basis. GAJ, according to the PSP, is responsible for monitoring legal proceedings involving the institution.
However, jurists and experts differ in their interpretations. Paulo Graça, former president of the OA’s Ethics Council, considers the PSP’s interpretation to be valid, but questions the advertising of lawyers’ activities on social networks.
“If they can only practice in the police, it is very strange that they make use of a quality that they cannot have outside of it. Basically, they are advertising something that can attract clientele that they cannot have”, he explains.
Paulo Saragoça da Matta, a lawyer specializing in Criminal Law, argues that the situation is incompatible, pointing to paragraph k) of article 82, which prohibits members of militarized forces from practicing law. According to Zaragoza, the PSP, despite not being military, has characteristics that align more with the GNR than with other public entities.
The controversy remains open, with the OAB evaluating whether the two agents violate incompatibility rules when simultaneously carrying out police and legal functions. The Ethics Board’s decision could set important precedents for similar future cases.
