The Dean of the Ordem dos Advogados (OA), João Massano, announced today that the decision to archive the process by the General Council follows the “unanimous deliberation” of the Porto Regional Council meeting on November 14, where the process took place.
“After a thorough analysis of the established facts and the documentation in the records, it was concluded that there is not enough evidence of the crime of illegal practice or of the offense as defined in the Legal Regime of Lawyers’ and Solicitors’ Acts (RJAAS). Therefore, it was decided to archive the process, as there are no legal grounds for its continuation,” the released statement reads.
The inquiry was initiated by the former dean of the OA, Fernanda de Almeida Pinheiro, who requested the Porto Regional Council to investigate possible illegal practice by the company belonging to the family of Prime Minister Luís Montenegro.
In the announcement, the dean and the General Council of the OA, presided over by João Massano, “reiterate their commitment to legality, ethics, and rigor,” arguing that the decision “was made in full compliance with the current statutory and legal norms.”
“Since it was the OA, through its former General Council, that initiated and publicly noted this process, it is also the OA, through the current dean, who has the duty to announce and publicly note its end,” the statement further mentions.
The decision to open the inquiry into possible illegal practice by Spinumviva, in March this year, was based on public information from the company, which revealed clients and services provided, that Fernanda de Almeida Pinheiro considered indicative of a breach of the law pertaining to professional acts.
The crime of illegal practice involves performing acts specific to lawyers, as defined by law, without legal authorization. Under the legal regime for lawyers and solicitors, the crime is punishable by a prison sentence of up to one year or a fine of 120 days.
Luís Montenegro later denied that Spinumviva had engaged in any acts specific to lawyers or solicitors.
In February, a newspaper reported that the company of Luís Montenegro’s family received a monthly fee of 4,500 euros from the Solverde group, owner of casinos and hotels, for “specialized ‘compliance’ services and procedure definition in the area of personal data protection.”
The controversy surrounding the company Spinumviva arose with reports indicating that, among other activities, it was involved in buying and selling real estate. This information was added to other reports of companies and assets held by government members in real estate, at a time when the government is revising land laws, potentially impacting the valuation of land and houses.
The preventive inquiry by the Public Prosecutor’s Office remains open, with the indicative conclusion deadline set before the judicial vacation in July. About a month ago, the Prosecutor General’s Office mentioned that it was still awaiting Montenegro’s response to information and documentation requests.
[Updated at 20:32]
