To this end, the General Regime for the Prevention of Corruption was established by Decree-Law no.º 109-E/2021, of December 9th, which came into force on June 7th, 2022, applicable to Corporate Entities employing 50 or more workers, with the above regime taking effect on June 7th, 2023 for Corporate Entities employing more than 250 workers, and for those employing between 50 and 250 workers, it only took effect a year later, on June 7th, 2024, and the aforementioned Decree-Law is currently fully in force, with the legal consequences. 

Therefore, Decree-Law no. 109-E/2021, of December 9th, in addition to creating the National Anti-Corruption Mechanism (MENAC) as an administrative entity with legal personality under public law, established the general regime applicable to the prevention of corruption and the respective sanctioning regime. 

Although there are some entities that have similar control regimes, such regimes do not meet the requirements currently in force, and we believe that the implementation of such a mechanism should be carried out by an entity external to the Corporate Entity itself, in order to ensure greater effectiveness, transparency and impartiality in its application. 

In this regard, the non-implementation of the system in question could have administrative consequences that are set out in the aforementioned legislation. 

In addition, the courts are currently more aware of the problem of corruption and the mechanisms to combat it, particularly with regard to the implementation of anti-corruption measures, and there are already a number of court rulings that take into account the existence of a genuine compliance program. 

The changes include a reduction in the minimum amount of the fine from 7.5 times to 5 times the amount of the respective toll, while maintaining the rule that the amount cannot be less than 25 euros, and a reduction in the maximum amount from four times to twice the minimum amount of the fine.

In addition, in the case of simultaneous infractions, i.e. if the infractions are committed by the same agent, in the same month, using the same vehicle and on the same road infrastructure, the maximum amount of the fine is that of a single infraction, with the minimum amount corresponding to the sum of the toll rates and no more costs may be charged than those corresponding to a single infraction. 

Cases pending on the date of entry into force of Law no. 27/2003, of July 4th (January 1st, 2024) may benefit from the aforementioned regime if it appears to be more favorable to the defendant or defendant. 

Be sure to check out your chances of benefiting from this new regime. 

This mechanism aims to allow people on good faith who have been placed in a situation of insolvency, the possibility of freeing themselves from their debts and thus guaranteeing them a “second chance”, a path to economic rehabilitation. 

The insolvency process is regulated as a universal execution process because, as a general rule, all of the insolvent’s assets must be handed over to the creditors, with the court setting only a monthly amount that will remain with the insolvent, which will correspond to the minimum necessary for their survival and that of their dependent household. 

However, this is limited in time, which means that once three years have passed without the debts having been fully paid in the insolvency proceedings, they are extinguished. 

The insolvency process is a complex process that requires a case-by-case analysis in order to optimize its use, since it presents a unique opportunity for the insolvent party to start over and create a new life project. 

However, the aforementioned legal diploma revoked this mechanism with effect from June 4th, i.e. from the day after its publication, which, in view of the large number of foreign citizens who were in Portugal and who wanted to benefit from this regime, caused a wave of indignation. 

Many immigrants, already employed or providing services, without enough time to submit their applications to AIMA, I.P., saw their reasonable expectations frustrated by the lack of a transitory regime. 

In order to soften the impact of this legislative policy, the Assembly of the Republic has now, through Law no. 40/2024, of November 7th, provided for a transitional regime, according to which the end of the expression of interest dated of June 4th, through the implementation of the Decree-Law no. 37-A/2024, of June 3rd, does not apply: 

1. a) To residence permit procedures initiated until its entry into force;
2. b) To cases in which the person demonstrates that, prior to its entry into force, regardless of whether or not they had submitted an expression of interest, they were registered with social security and making contributions under a subordinate or independent professional activity, with a view to completing the 12 months indicated in Article 88(6) of Law 23/2007, of July 4th, in its previous version.

Even so, it is extremely important that foreigners in these circumstances regularize their situation with Social Security and submit their requests for expressions of interest, making sure they meet the new requirements.

This ranking takes into account a number of factors such as accommodation conditions, different types of benefits and discounts for retirees, whether in terms of health, entertainment, local transport, etc., the country’s public and private infrastructure, the ability to obtain visas/residence permits, the cost of living, the friendliness and hospitality of the country’s inhabitants, leisure and entertainment options, gastronomy and the climate itself. 

Therefore, Portugal offers the possibility of obtaining a visa suitable for retired people and/or people with passive income who wish to increase their quality of life, while enjoying everything that Portugal and the rest of Europe has to offer. 

In addition to the fact that this visa/residence permit gives its holders the freedom to travel to countries in the Schengen Area without any additional bureaucracy, simplifying the experience of exploring new places, it also allows them to apply for nationality five years after the date on which they applied for the residence permit. 

Holders of this visa/residence permit can also include, if they meet certain requirements, their spouse, unmarried partner, minor and adult children, relatives in the ascending line and in the 1st degree of the resident or their spouse, and minor siblings. 

This way, considering all the aspects mentioned, Portugal is the ideal country to enjoy all that life has to offer while allowing free access to Europe and the European market not only for holders of the residence permit, but also for their family members.

The Golden Visa Program currently established by law includes various types of investment, whether it be through the creation of jobs or the transfer of capital, with the lowest investment amount being €250,000. 

Among the investments allowed for residence permits, the most attractive is the investment of capital in securities funds, with a minimum entry value of €500,000, as they offer special security and profitability for investors, in addition to lower tax and emoluments charges, as opposed to, for example, the old real estate investments which involved the payment of IMT, IS and notary fees. 

With the shift in focus from real estate investment to securities investment, there is currently a wide range of funds in Portugal specially structured to meet the requirements of the Golden Visa Program, ranging from renewable energies to the development of start-ups or classic car restoration and preservation companies, as well as the development and promotion of hypercars. 

The increase in demand should, however, be viewed with caution and any investment should be accompanied by professionals equipped with the tools to undertake the necessary due diligence. 

The Golden Visa Program also maintains the benefits related both to the waiver of a residence visa for entry purposes and to the reduced periods of stay, requiring foreign citizens to stay in Portugal for between 7 days in the first year of residence and 14 days in subsequent years, which can be consecutive or interpolated.

One of the benefits associated with this Program also concerns the possibility of citizens with legal residence in Portugal being able to obtain Portuguese nationality, which is now easier, since the period of legal residence for this purpose is now calculated from the moment the residence permit was applied for, if the permit is granted. 

In addition, the Gold Visa Program extends to the family members of the foreign citizen applying for the residence permit, including, provided certain requirements are met, the spouse, unmarried partner, minor and adult children, first-degree relatives in the ascending line of the resident or their spouse and minor siblings. 

Therefore, considering all the aspects mentioned, Portugal is a particularly advantageous country to obtain residency and nationality, allowing investors and their families free access to Europe and the European market.