Portugal’s Attorney General, Lucília Gago, warned on Wednesday that proposed changes to the country’s wiretapping laws could lead to the collapse of critical judicial investigations. Gago emphasized that the public prosecutor’s office only resorts to wiretapping when it is deemed absolutely necessary.
“The option to change the law exists, but we believe the current law is appropriate. The public prosecutor’s office uses wiretaps only when it determines that they are essential,” Gago stated during a hearing of the Committee on Constitutional Affairs, Rights, Freedoms, and Guarantees.
She cautioned that if lawmakers decide to alter the law, some ongoing investigations could fail. “There should be no doubt about this,” she added.
The attorney general also pointed out a decline in the use of wiretaps over the years. In 2015, the number of phone interceptions reached a peak of over 15,000, but by 2023, this number had dropped to under 11,000. Gago explained that all wiretaps require judicial authorization and periodic renewal, ensuring a thorough review process.
“Judicial approval is always required before wiretaps can proceed, and the necessity is reassessed each time the authorization is renewed,” she clarified.
When questioned about the duration of some wiretaps in recent years, Gago stressed that long-term interceptions were rare and only authorized in cases where they were deemed essential to ongoing investigations.
Gago further noted that the proportion of inquiries involving wiretaps remains low and continues to decrease. “In any given year, inquiries involving wiretaps never exceeded 2.5%, and in 2023, they were below 1.5%,” she stated.
During the hearing, Gago did not address questions from several political parties about an alleged “orchestrated campaign” against the Public Prosecutor’s Office, which she had mentioned in a July interview with state broadcaster RTP. Nor did she respond to questions about former Prime Minister António Costa’s involvement in the ongoing Operation Influencer case, despite being pressed by PCP MP António Filipe.
Other key issues raised during the hearing included concerns over the violation of judicial secrecy, the omission of this matter from the office’s Activity Report, and the lack of results in addressing these violations. Gago defended the Public Prosecutor’s Office, indicating that further investigations into these violations could potentially lead to more frequent use of wiretaps.
“If we want to hold those responsible for violating judicial secrecy accountable, we must be prepared to use more intrusive methods of investigation, including wiretaps,” she said.
In response to questions about prolonged interrogations, such as the 21-day detention of suspects in a Madeira corruption case, Gago characterized these as “exceptional situations.”
Regarding the 2021 directive on hierarchical powers within the Public Prosecutor’s Office, which was contested by the Union of Public Prosecutors (SMMP), Gago confirmed that the directive remains in force and clarified that no restrictions have been reported on its implementation.