Personal investigación en formación en la Universidad de Salamanca – CIGG. Contratado predoctoral JCYL en periodo de orientación postdoctoral

Abstract

This paper analyses Portugal’s latest attempt to penalize public servants who hold assets that do not correspond to their lawful income. To this end, the neighbouring country has established the obligation for certain public servants to disclosure, in their asset declarations, the origin of the variations experienced in their assets during their term of office, penalizing non-compliance with this obligation. With this typical configuration, the aim is to circumvent constitutional challenges often associated with the criminalization of the illicit enrichment and which on two occasions led to the expulsion of this offence from Portuguese law. However, the doubts surrounding this offence have not been entirely dispelled