Decreto-Lei n.º 81/2016
Court: | Justiça |
Publication Date: | 28 Nov 2016 |
Decreto-Lei n.º 81/2016
de 28 de novembro
O desenvolvimento de uma estratégia adequada de combate ao cibercrime pressupõe que as entidades responsáveis pela respetiva prevenção e repressão detenham informação (cyber-intelligence) em tempo útil que possibilite, não só a deteção precoce de ataques digitais, mas também a compreensão da intenção criminosa associada ao uso, à comercialização e à disseminação de programas maliciosos.
O estabelecimento de uma política criminal coerente para o cibercrime deve assentar em parâmetros flexíveis e adaptáveis a longo prazo mas que, simultaneamente, possibilitem uma atuação imediata sem colidir com as demais linhas de orientação fixadas na Estratégia Nacional de Segurança do Ciberespaço, aprovada pela Resolução do Conselho de Ministros n.º 36/2015, de 12 de junho, permitindo, deste modo, o desenvolvimento da necessária articulação entre a capacidade nacional de resposta a incidentes e o combate ao Cibercrime, expresso no «Eixo 2».
Daí que se torne necessário a Polícia Judiciária reforçar o ajustamento com as estruturas europeias e internacionais de informação e contrainformação criminal (v.g., a EUROPOL e a INTERPOL), tendo em vista a luta eficaz contra o cibercrime assente na recolha e partilha de informações criminais e criminógenas, na constituição de equipas internacionais que permitam respostas articuladas entre Polícias e representantes das Magistraturas e na realização de operações policiais transnacionais.
Urge, pois, implementar uma unidade operacional especializada na Polícia Judiciária, típica de uma Polícia Científica, que permita alcançar a necessária resposta estrutural, preventiva e repressiva ao fenómeno do cibercrime e do ciberterrorismo, e que é inspirada no modelo adotado pelo EC3 (European Cybercrime Center) da EUROPOL, cujos pontos focais são o abuso sexual de crianças através da Internet, a fraude com os cartões e outros meios de pagamento eletrónico e virtuais, a criminalidade informática pura (os crimes previstos na Lei n.º 109/2009, de 15 de setembro) e a criminalidade praticada com recurso a meios informáticos.
A Lei n.º 103/2015, de 24 de agosto criou, na Polícia Judiciária, uma unidade nacional, a Unidade Nacional de Investigação da Criminalidade Informática, cujas competências internas nunca foram estabelecidas, e introduziu a correspondente alteração na Lei n.º 37/2008, de 6 de agosto.
O presente decreto-lei não atribuindo, como não poderia atribuir, novas e diferentes competências à Polícia Judiciária, disciplina no plano interno desta Polícia as competências das respetivas unidades, procedendo a uma redistribuição e concentrando numa única estrutura atribuições hoje dispersas por diferentes unidades.
Optou-se por adequar a nomenclatura daquela Unidade e dotá-la de um núcleo de competências adaptadas às orientações traçadas pelas suas congéneres europeias no EC3.
Assim, a Unidade então criada será substituída por uma nova que se designará - à semelhança da congénere da EUROPOL - EC3 - por Unidade Nacional de Combate ao Cibercrime e à Criminalidade Tecnológica (UNC3T).
Preservando o princípio da coesão funcional, o presente decreto-lei visa não só modernizar e adequar a estrutura orgânica da Polícia Judiciária a esta nova Unidade, mas também adaptar as competências da Unidade Nacional Contra-Terrorismo às especificidades do ciberespaço.
Para o efeito, cumpre alterar a Lei n.º 37/2008, de 6 de agosto, que define a orgânica da Polícia Judiciária, o Decreto-Lei n.º 42/2009, de 12 de fevereiro, que estabelece as competências das unidades da Polícia Judiciária e o regime remuneratório dos seus dirigentes, e a Portaria n.º 304/2009, de 25 de março, que estabelece os lugares de direção superior e...
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