The discourse surrounding the criminalization of illicit enrichment should be abandoned in favor of asset forfeiture, according to João Cura Mariano, who was speaking on a panel at the conference “Justice is Blind but Not Neutral,” part of RTP’s Sociedade Civil program, held this morning at the Supreme Court of Justice in Lisbon.
Discussing the topic of unjustified income, the president of the Supreme Court suggested that the Asset Recovery Office (GRA) of the Judiciary Police be provided with effective resources. He also proposed the implementation of punitive tax measures.
He cited examples such as imposing much higher taxes on individuals whose wealth cannot be justified.
The Attorney General emphasized that since the constitutional court has twice rejected the criminalization of illicit enrichment, pursuing that path is futile.
Amadeu Guerra urged, instead, the enforcement of existing regulations, including asset recovery, expanded asset forfeiture, and “verification of incongruent assets.”
In addition to strengthening the GRA, which assists the Public Prosecutor’s Office in identifying assets to be confiscated, the Attorney General called for a more active Property Administration Office, responsible for managing seized assets and operating under the Institute of Financial Management and Justice Equipment.
“We want the property management office to be more active and effective in selling assets so that certain items do not deteriorate,” he said, noting that some vehicles remain on public roads until they are sold, and boats in marinas incur costs exceeding their value.
He stressed that asset recovery and forfeiture are more painful for criminals than imprisonment, a stance supported by the president of the Bar Association, João Massano.
Also present on the panel, the Secretary of State for Justice, Gonçalo da Cunha Pires, noted that a draft bill is currently under discussion to strengthen expanded asset forfeiture.
The Constitutional Court rejected the creation of a crime for illicit enrichment in 2012 and 2015. In 2021, a law was enacted penalizing unjustified enrichment in mandatory income declarations of public and political officeholders.
The morning session also addressed the sluggishness of large-scale legal processes and the lack of resources in the Public Prosecutor’s Office. Amadeu Guerra mentioned unspecified decisions by the Specialized Integrated Sections for Domestic Violence that remain unfulfilled due to a shortage of professionals.
“Hold us accountable but provide us with adequate resources,” appealed Amadeu Guerra.
