The process of investigating Spinumviva on suspicion of illicit prosecution opened at the Bar Association was archived, after “a rigorous analysis of the facts established”, which did not reveal “sufficient evidence of the commission of the crime”.
In a statement released this Thursday, November 20th, the president of the Bar Association (OA), João Massano, said that the decision to shelve by the General Council follows the “unanimous deliberation” of the November 14th meeting of the Porto Regional Council, where the process took place.
“After a rigorous analysis of the facts established and the documentation contained in the file, it was concluded that there was not sufficient evidence of the practice of the crime of illicit attorneyship or of an administrative offense provided for in the Legal Regime of Acts of Lawyers and Solicitors (RJAAS). For this reason, it was decided to close the case, as there were no legal prerequisites justifying its continuation”reads the statement sent to DN.
The investigation process was opened on the initiative of the previous president of the OA, Fernanda de Almeida Pinheiro, who asked the Porto Regional Council to investigate possible illicit prosecutorial activities on the part of Prime Minister Luís Montenegro’s family company.
In the statement, the president and the General Council of the OA, which João Massano presides, “reaffirm their commitment to legality, ethics and rigor”arguing that the decision “was taken in full compliance with current statutory and legal standards”.
“As such, having been the OA, through its previous General Council, who initiated and gave public notice of this process, it is also the OA, through the current president, who has the duty to announce and give public notice of its end”reads the statement.
The decision to open the investigation process into possible illicit attorneyship by Spinumviva, in March this year, was based on public information from the company which revealed clients and services provided, which Fernanda de Almeida Pinheiro considered to indicate a violation of the law on acts specific to the profession.
The crime of illegal attorneyship presupposes the practice of acts specific to lawyers, defined by law, without legal qualifications for that purpose. According to 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 would later deny that Spinumviva had performed any acts typical of lawyers or solicitors.
The Expresso newspaper reported in February that Luís Montenegro’s family company received a monthly fee of 4,500 euros from the Solverde group, owner of casinos and hotels for “specialized services compliance and definition of procedures in the field of personal data protection”.
The controversy with the company Spinumviva arose with news from Correio da Manhã which indicated that, among other activities, it was dedicated to the purchase and sale of properties, information that was added to other news about companies and assets held by members of the Government in the area of real estate, at a time when the Government is reviewing the land law, with a possible impact on the value of land and houses.
The preventive investigation opened by the Public Prosecutor’s Office remains open, which used the days before the start of the judicial holidays, in July, as an indicative deadline for completion, with the Attorney General’s Office having mentioned about a month ago that it was still awaiting Montenegro’s response to requests for information and documentation.