Canal de denúncias

Law n.º 93/2021, of December 20, in force from June 18, 2022, establishes the general regime for the protection of whistleblowers of infringements, transposing Directive (EU) 2019/1937 of the European Parliament and the Council of 23 October 2019 on the protection of persons who report violations of Union Law – Whistleblowing Act.

What can be complained about?

Any act or omission that is contrary to regulations contained in national or community legislation regarding the areas of (i) public procurement, (ii) services, products and financial markets and prevention of money laundering and terrorist financing, (iii) product safety and compliance, (iv) transport safety, (v) environmental protection, (vi) radiation protection and nuclear safety, (vii) food and feed safety, animal health and animal welfare, (viii) public health, (ix) consumer protection, (x) protection of privacy and personal data and security of the network and information systems;

•Any act or omission contrary and harmful to the financial interests of the European Union referred to in article 325 of the Treaty on the functioning of the European Union;

•Any act or omission contrary to the internal market rules referred to in Article 26(2) of the Treaty on the Functioning of the European Union;

•Violent crime, especially violent and highly organized crime, as well as the crimes provided for in paragraph 1 of article 1 of Law no. 5/2002, of 11 January, which establishes measures to combat organized and economic crime -financial.

• It could be an offense committed, which is being committed or whose committing[1]can reasonably be foreseen, as well as attempts to conceal such offences.

The complaint must include information on dates, identification of the people and entities involved. It should also be supported, if possible, with documentation. Depending on the content of each complaint, additional elements and information may be requested, in order to obtain a clear and complete knowledge of the exposed situation.

Who can report?

Any natural person who comes across information regarding infringements that he has obtained in the course of his professional activity, including (i) workers, (ii) service providers, contractors, subcontractors and suppliers (or any persons under their supervision), (iii) holders of shareholdings and members of statutory bodies, (iv) volunteers and interns and (v) former workers and job seekers.

The whistleblower benefits from the guarantee of the confidentiality of his identity or anonymity at all times or until such time as this information is required to safeguard the rights of defense of those concerned by the complaint, within the scope of investigations to which it gives rise or of proceedings subsequent lawsuits. It is also possible to request confidential advice to consider filing the complaint. All reports must be made in good faith and on reasonable grounds. Retaliation against the whistleblower is prohibited.

How to file a complaint?

To file a complaint or request confidential advice to consider the presentation of a complaint, you must send your communication to the email address Portal Denuncias | estragaferro.workky.com or communication by post to Estraga Ferro, Lda – Denunciation Channel – Caminho d'Justa n 7/9/11, Zona Industrial Lote n.º3, São Bento, 9700-135 Angra do Heroísmo.

What deadlines should be considered?

Within 7 days you will receive notification of the receipt of the complaint; Within a maximum period of 3 months – communication to the complainant of the measures planned or adopted to follow up on the complaint and the respective grounds, from the date of receipt of the complaint; Within 15 days after the respective conclusion - in case the complainant has requested (which he can do at any time), communication of the result of the analysis carried out.

The record of complaints received will be kept at least for a period of 5 years and, irrespective of that, during the pendency of judicial or administrative proceedings relating to the complaint.