Public procurement and tax fraud among the complaints made to the Anti-Corruption Mechanism

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In 2023, the National Anti-Corruption Mechanism (MENAC) received a total of 42 complaints, including about the operation of courts and judicial processes (11), public procurement (nine), and fraud and tax evasion (five).

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This data appears in the 2023 MENAC annual report – the first prepared by the organization since its definitive installation in June of that year – which states that of the 42 external complaints received, five were anonymous and 37 resulted from the participation of identified people. .

According to the report, the same complainant filed nine complaints with different objects on successive dates, and of the 42 complaints received, one was forwarded by the Insurance and Pension Funds Supervisory Authority, a public body.

Regarding the results of the complaints received at MENAC, after the evaluation of the president of the organization, the advisory judge António Pires da Graça, 15 were archived from the beginning (preliminary file), 17 led to the opening of internal processes due diligence and 10 were sent to the competent authority.

The 42 complaints referred to topics such as the operation of courts and judicial processes (11), public procurement (nine), fraud and tax evasion (five), protection of whistleblowers (four), labor issues in the public service (three), conflicts of interest in the public sector (two), operation of the tax administration (two), operation of Social Security (two), operation of the security forces (two), moral harassment at work (one), executions and seizures (one).

MENAC also received 194 related judicial communications to decisions taken at different procedural stages by the Public Ministry and the courts when crimes associated with the General Regime for the Prevention of Corruption and the function of MENAC itself were at stake.

The organization states that the problems are mainly corruption crimes, abuse of power, embezzlement, crime“which together are present in 80% of processes“.

He also points out that “the majority of criminal proceedings are associated with suspicions that public entities (93%) and, among them, the sectors of local public administration (49%) and the central public administration (27%)”.

The report highlights that “the main risk areas associated with criminal practices evidenced in procedures with the presence of evidentiary material are the administrative decision, the exercise of delegated public functions, the asset Management and the public procurement“.

as for risk factor’sMENAC points out the exercise of discretionary powersyou conflicts of interest and the management of material and financial assets of entities.

In the introductory message of the report, President António Pires da Graça recognizes the support provided by the Public Ministry and the Judicial Police in the creation of the organization and promises to “make all possible efforts to put the MENAC into full operation in the shortest possible time.” ”, following the recommendations of the latest GRECO report (Group of States Against Corruption).

In its latest report, published in January, GRECO called on Portugal to improve the effectiveness of the system to prevent corruption in the main executive functions of the Government and in law enforcement agencies.

The fight against corruption in Portugal is “unsatisfactory”. The country applied only 30% of GRECO recommendations

In the fifth round of the evaluation report, GRECO recognizes that Portugal has developed a comprehensive anti-corruption legal and institutional framework, but the efficiency This framework depends largely on the full functioning of the National Anti-Corruption Mechanism and the Transparency Entity, which It hasn’t happened yet.