After appealing the decision, the Lisbon Court of Appeal acquitted a man who was intercepted, in 2021, by the Cascais Municipal Police with signs of alcohol in his blood. Os Juízes affirm that PM “it is not a criminal police body or security force” and therefore cannot carry out alcohol screening tests, advances Jornal de Notícias.
“In the event of a flagrant act, the Municipal Police (PM) cannot take the suspect to its Police Department, carry out steps to collect evidence, prepare the file and, once this is complete, then contact the criminal police body”, says the extract from the ruling, cited by the (JN).
The case dates back to 2021, when Pedro A. was driving a car in Cascais and was intercepted by Municipal Police agents. In the screening test, indications emerged that it had numa taxa-crime superior a 1,2 g/l.
Only then was he transported to a PSP police station and, there, charged with the Cascais Local Petty Crime Court.
O defendant appealed the decision and was acquitted for the Lisbon Court of Appeal, which said that a Municipal Police “do not have the authority to carry out a quantitative blood alcohol test on a driver when the qualitative test points to the commission of a crime”.
In the ruling, the judges of the Lisbon Court of Justice state that the PM “it is neither a criminal police body nor a security force” and that, despite having been “assigned functions of supervising road traffic”, its limits of action “will have to be established when, in the course of such supervision, the commission of a crime is verified”.
Union president says decision is only justified by “prejudice”
In reaction to the Court’s decision, the President of the National Municipal Police Union (SNPM), Pedro Oliveira, disagreed with the position, stating that the Municipal Police does have competence to carry out alcohol tests within the scope of road inspection.
“The law clearly states that the Municipal Police can arrest people in flagrante delicto, as was the case described in the ruling”, says the President of the SNPM.
Pedro Oliveira also argued that only one preconceit that aims to minorize this entity justifica algumas decisões judiciais.
“The Municipal Police have the powers that arise from the law, which states that they can monitor compliance with traffic rules. And carrying out an alcohol test is part of road inspection”, claims Pedro Oliveira, cited by JN.
