Manuel Eduardo AIRES MAGRIÇO

ACADEMIC QUALIFICATIONS:

1992 – 1997 – UNIVERSITY OF LISBON – LAW SCHOOL     LISBON, PORTUGAL

Bachelor of Law – 5 years, 13 final average points

1998 – 1999 –  ISG | BUSINESS & ECONOMICS SCHOOL

Postgraduate in Taxation – 1 year, 15 final average points

2011 – IDN – NATIONAL DEFENCE INSTITUTE

Civil Crisis Management Auditor

2010-2013    – MILITARY ACADEMY

Master in Competitive Intelligence / Information Warfare – 3 years, 17 final average points

2014 – CATÓLICA LISBON SCHOOL OF BUSINESS AND ECONOMICS

Performance and Management Control Program (PCG)

PROFESSIONAL EXPERIENCE:

2024 TO PRESENT

Agent of the Government of Portugal to the European Court of Human Rights

APPOINTMENT: Joint Order n. º 10321/2024, of the Minister of State and Foreign Affairs and the Minister of Justice, September 02, 2024 (Official Journal, 2nd series – No. 169 – September 2 2024). Online]. [Consult. 2024-09-11]. Available on WWW: https://diariodarepublica.pt/dr/detalhe/despacho/10321-2024-886513580>.

2021 TO 2024 – PROSECUTOR – ADMINISTRATIVE COURT                                                            LISBON

– Representation of the State, defense of democratic legality and the interests established by law determines, and promotion of the realization of the public interest, exercising the powers conferred by procedural law.

– Representation of the State (State Administration or State Collective) when patrimonial or non-patrimonial interests that are identified with the interests of the community and the public interest are at stake: public health, environment, urban planning, territorial planning, quality of life, cultural heritage and assets of the State, the Autonomous Regions and local authorities.

– Judicial appeals in matters of court costs.

– Opinions on judicial cases involving violations of constitutional provisions or constitutional or legal principles.

2019 – 2021 – LEGAL ADVISER OF MACAO LEGISLATIVE ASSEMBLY (Special license)

Deliberation n. º 890/2019, of the High Council of the Public Prosecution Service, of June 25, 2019. Special license granted for exercising functions in Macao for 2 years with beginning on October 10, 2019 (Republic Diary n. º 160/2019, Series II of 2019-08-22). [Online]. [Consult. 2020-09-22]. Available on WWW: https://dre.pt/application/file/a/124131920>.

– – Technical and legal advice and consultancy to the Legislative Assembly of the Macao Special Administrative Region of the People’s Republic of China, specifically in the preparation of legal opinions and studies, assistance in the legislative process and the selection of technical and legal conformity of the proposed solutions, with reference to the Portuguese legal system, in collaboration with local legal advsers.

– Participation in meetings with members of the Legislative Assembly and with representatives of the Government of Macau within the scope of the legislative process.

– Verification of the admissibility of written and oral interpellations to the Government prepared by the parliamentarians.

– Legal research and elaboration of written opinions having as reference the legal systems of Macau, Portugal, Hong Kong, the People’s Republic of China, Taiwan, Singapore and the European Union- H Team from the Legal Counsel of the Legislative Assembly of Macau.

2016 – 2019 LEGAL ADVISER – OFFICE OF THE PORTUGUESE MINISTER OF JUSTICE

. Involvement in the transposition of the EU directives, with particular emphasis on implementing the European Investigation Order in Criminal Matters, the European Public Prosecutor’s Office, and the one related to personal data treatment for criminal purposes.

• Intervention in international judicial cooperation in criminal matters under the Ministry of Justice (e.g. letters rogatory, transfer of sentenced persons, extradition, international arrest warrants and transit of prisoners through national territory). Coordination of the preparatory work for the legislative amendments on the European arrest warrant, the central register of beneficial ownership and measures to combat money laundering and terrorist financing.
• Participation in some working groups in the fields of criminalization of human organ trafficking, access to the law, and standardization of judicial approaches to domestic violence, having assumed the coordination of the latest one.
• APPOINTMENT: Order n. º 13159/2016, of the Office of the Minister of Justice, October 26 2016 (Republic Diary, 2nd series – No. 211 – November 3 2016). Online]. [Consult. 2019-03-30]. Available on WWW: https://dre.pt/application/file/75635913>.
• PUBLIC PROSECUTOR:
• 2016 – CRIMINAL INVESTIGATION COURT                                                CASCAIS, PORTUGAL
• Representation the Public Prosecution Office during the investigation phase in criminal proceedings, without losing sight of the primary objective of collaborating with the Court in discovering the truth and realizing the law, in compliance with strict criteria of objectivity
• 2015 – 2016 COURT OF FAMILY AND CHILDREN                 AMADORA, PORTUGAL
• Conducting proceedings of maternity/paternity investigations, the proposition of actions, and respective follow-up in Court.
• Proposition and follow-up of actions to regulate the exercise of parental responsibilities, change the regulations on parental responsibilities already established and deduct incidents of non-compliance in cases of non-compliance with the established requirements regarding residence alimony or contacts/visits.
• Proposition and follow-up of minor’s alimony actions, habitation, or limitation of parental responsibilities and guardianship exercise.
• Responsible for the decision to provide consent for the practice of acts that parents or legal representatives of the minors cannot perform without authorization and the confirmation of acts performed without the necessary authorization.
• Supervise the protection commissions of the municipalities of Amadora (1,000 pending cases), evaluate the legality and adequacy of their decisions, and promote the appropriate judicial procedures, namely the opening judicial processes of promotion and protection follow-up.
• Given the practice of a minor between 12 and 16 years old, of facts qualified by law as a crime – initiated the investigation phase and directed it, and at the end, when justified, requested the opening of the judicial phase, exposing immediately the educational needs of the minor and proposing the appropriate tutelary measure.
• 2014 – 2015 – COURT OF FAMILY AND CHILDREN          SETÚBAL, PORTUGAL
• Conducting proceedings of maternity/paternity investigations, the proposition of actions, and respective follow-up in Court.
• Proposition and follow-up of actions to regulate the exercise of parental responsibilities, change the regulations on parental responsibilities already established and deduct incidents of non-compliance in cases of non-compliance with the established requirements regarding residence alimony or contacts/visits.
• Proposition and follow-up of minor’s alimony actions, habitation, or limitation of parental responsibilities and guardianship exercise.
• Responsible for the decision to provide consent for the practice of acts that parents or legal representatives of the minors cannot perform without authorization and the confirmation of acts performed without the necessary authorization.
• Supervise the protection commissions of the municipalities of Sesimbra (300 pending cases), evaluate the legality and adequacy of their decisions, and promote the appropriate judicial procedures, namely the opening judicial processes of promotion and protection respective follow-up.
• Given the practice of a minor between 12 and 16 years old, of facts qualified by law as a crime – initiated the investigation phase and directed it, and at the end, when justified, requested the opening of the judicial phase, exposing immediately the educational needs of the minor and proposing the appropriate tutelary measure.
• PROMOTION TO PUBLIC PROSECUTOR: Deliberation n. º. 1697/2014 of the High Council of the Public Prosecution Service, of September 1, 2014. (Republic Diary n. º 167/2014, Series II of 2014-09-01). [Online]. [Consult. 2019-03-30]. Available on WWW: https://dre.pt/application/file/a/56386265>.
• ASSISTANT PROSECUTOR:
• 2013 – CIVIL ENFORCEMENT COURT LISBON, PORTUGAL
• Representing the State (e.g., tax debts), the Prosecutor General and when the respondent is absent or unavailable.
• 2012 -2013 PGR – ATTORNEY´S GENERAL OFFICE                                                                        LISBON, PORTUGAL
• Member of the International Judicial Cooperation Team on Criminal Matters of the Prosecutor General’s Office, responsible for rogatory letters, transfer of convicts, extraditions, international arrest warrants, and transit detainees.
• Representing the Prosecutor General’s Office in the work of the project “PIIC – Integrated Platform for the Exchange of Criminal Information,” promoted by the Secretary-General of the Internal Security System.
• 2007-2012 DIAP of Lisbon (Prosecution Service) – Assistant to the Director    LISBON,     PT
• Assistance to the Director-General – Assistant Prosecutor’s General.
• Responsible for the coordination with ITIJ – Justice Information Technologies Institute, namely, concerning the computer application to support criminal investigations.
• Member of the International Judicial Cooperation Team in Criminal Matters and member of the coordination Team with the Criminal Police Organs.
• Responsible for managing the Intranet.
• Responsible under DG for the functional coordination of IT, accounting, urban planning, and work-related accident expertise in the Department.
• Responsible for assistance in meetings with the Senior Prosecutors in the context of the criminal investigation.
• Responsible for assistance in coordinating meetings with the OPC’S – Criminal Police Organs (PJ, PSP, GNR, SEF) in the criminal investigation.
• The representative of the Prosecutor General’s Office in the European Crime Prevention Network, by the appointment of Hon. Mr. Prosecutor General of the Republic of April 27, 2011.
• Contact point of the Coordination Structure of the Public Prosecutions for “Cybercrime”;
• 2003-2007– Placed in the Lisbon District (LISBON PROSECUTION SERVICE – DIAP):
• Deliberation n. º 560/2003 of the High Council of the Public Prosecution Service, effective on March 15, 2003. (Republic Diary n. º 94/2003, Series II of 2003-04-22). [Online]. [Consult. 2019-03-30]. Available on WWW: https://dre.pt/application/file/a/825348>.
• Assistant Prosecutor: Generic Sections and Military Crime, in which case the Code of Military Justice applies.
• Receiving denunciations, complaints, and participation and assessment of the respective follow-up; Guiding the survey; Delivering a final order that ended the investigations by prosecution, filing, or by any legally established means of consensus (e.g., Provisional suspension of proceedings and criminal mediation). Representing the Public Prosecutor’s Office in the 1st judicial interrogation of the detained defendant and promoting the application of coercion measures and the interposition of appeals, even if in the defense’s undivided interest.
• 2000- 2002 – CEJ – CENTER FOR JUDICIAL STUDIES
• APPOINTMENT as Assistant Prosecutor on an internship basis: Order n. º. 15 872/2002, July 12, 2002 ((Republic Diary n. º. 159/2002, Series II of 2000-07-12). [Online]. [Consult. 2019-03-30]. Available on WWW: https://dre.pt/application/file/a/2647562> – Montijo Court, Lisbon Labor Court, and Lisbon Court of Family and Minors.
• APPOINTMENT as Auditor of Justice: Order n. º 18817/2000, of September 15, 2000 (Republic Diary n. º 214/2000, Series II of 2000-09-15). [Online]. [Consult. 2019-03-30]. Available on WWW: <URL:https://dre.pt/home/-/dre/3643928/details/maximized>.

Research Area/Interests

Personal data protection in the context of crime prevention

Until recently, the processing of personal data by police and criminal justice authorities was not an activity that attracted much attention from academics and practitioners. The laws governing such processing were perceived as dry, technical and fragmented.

The rules governing the processing of personal data in the law enforcement sector are gaining in importance and visibility. At least three factors contribute to the attractiveness of previously neglected legal texts:

First, an increasing number of crimes are committed in cyberspace;

second, as perpetrators become more tech-savvy, law enforcement agencies (LEAs) have turned to new investigative techniques, including big data analysis; and

third, EU rules on the processing of personal data by LEAs are being consolidated, with Directive (EU) 2016/6808 (LED) acting as the locomotive.

In the context of the ongoing ‘privacy versus security’ debate, the Directive demonstrates that it will now be possible to achieve high standards of privacy and data protection.

In a world where crime is global and highly digital, it is therefore essential to seek legal procedures and best practices that protect privacy and human rights in the context of crime prevention, without compromising the effectiveness of criminal proceedings.

Publications

• The sexual exploitation of children in Cyberspace: acquisition and valuation of digital forensic evidence (Spanish Edition) — Lisbon, Alêtheia Editores, 2017 [E.-Book]]. ISBN 978-989-8906-33-5. [Consult. 2019-03-30]. Available on WWW: <URL: https://www.aletheia.pt/products/la-explotacion-sexual-de-ninos-en-el-ciberespacio-obtencion-y-valoracion-de-pruebas-forenses-de-naturaleza-digital-ebook >
• The sexual exploitation of children in Cyberspace – acquisition, and valuation of digital forensic evidence (Portuguese Edition) — Lisbon, Alêtheia Editores, 2014. 202 p.; 22 cm, ISBN 978-989-622-6640.
• Notes on the regime established by Directive no. 2016/680 of the European Union on the protection of personal data for the purposes of preventing, detecting and repressing criminal offenses — RMP – Revista do Ministério Público no. 173, Lisbon. January – March 2023, [pp. 165-201]. (Portuguese)
• Notes on the temporary derogation of certain provisions of the European Union’s eprivacy directive for the purpose of voluntary detection of child sexual abuse material in cyberspace – Journal of the Center for Judicial Studies, 2022-I, ISBN 9782022158297, [pp. 55-98]. (Portuguese)
• Mass surveillance of air passengers: Very brief notes on the protection of privacy and personal data in the light of European Union law. — RMP – Revista do Ministério Público, 168, Lisbon. October -December 2021, [pp. 181-217]. (Portuguese)
• Co-author – Independent experts’ report -Directorate General of Human Rights and Rule of Law – DG and Directorate General of Democracy – DG II. Council of Europe [Independent Expert`s Report] Respecting human rights and the rule of law when using automated technology to detect online child sexual exploitation and abuse. Available at WWW:https://rm.coe.int/respecting-human-rights-and-the-rule-of-law-when-using-automated-techn/1680a2f5ee>.
• A brief look at ethical action and social participation in favor of the common good as factors of sustainability and prevention of corruption (Portuguese). Ethics and Integrity in Public Life – Coord. António João Maia, Jorge Fonseca de Almeida, Mário Tavares da Silva, and Rute Serra. Almedina Editions, 2020, pp. 393-414. ISBN – 9789724085623.
• The Doctor-Patient Relationship: Trust, Protection, and Singularity – Brief notes in the light of the Portuguese legal system (Portuguese).. Association of Macao Portuguese Speaking Physicians, Macao, 11.05.2020. [Online]. [Consult. 2020-06-10]. Available on WWW: http://www.amlpm.org/wp-content/uploads/2020/05/1_Magrico_Website.pdf >. (Portuguese)
• The protection of personal data and the children’s privacy in Cyberspace (Portuguese).. Data Protection Forum Magazine 6. CNPD – National Data Protection Commission, Lisbon. 2019. [Online]. [Consult. 2020-04-30]. Available on WWW: https://www.cnpd.pt/home/revistaforum/forum2019_6/18/index.html >. (Portuguese)
• The Internet and the children – Risks and Potentialities (Portuguese). – Center for Judicial Studies, Series: continuing education, 2018, pp. 9-31. ISBN: 978-989-8908-23-0. [Online]. [Consult. 2019-03-30]. Available on WWW: http://www.cej.mj.pt/cej/recursos/ebooks/familia/eb_InternetCriancas2018.pdf >. (Portuguese)
• Legal aspects of Digital Management of Electronic Archive documents – aspects to be considered in the criminal investigation scope (Portuguese). Communication made within the scope of the Seminar: (R) evolution of public information: preserve, certify and make available, carried out by the Directorate-General for Books, Archives, and Libraries (ex DGARQ) on 7 and 8 November 2011. Online]. [Consult. 2019-03-30]. Available on WWW: http://arquivos.dglab.gov.pt/wp-content/uploads/sites/16/2017/06/Manuel-Aires-Magrico.pdf>. (Portuguese)
• Contributions to constructing an integrated protection system for domestic violence victims: geo-referencing of danger (Portuguese) – Francisco Manuel dos Ramos Nunes, Manuel Eduardo Aires Magriço, Pedro Miguel Rodrigues Duarte, Revista do Ministério Público, Lisbon, 2011. (Portuguese)
• Criminal Judicial Reorganization – brief reflections (Portuguese)  — Movement Justice and Democracy 2008-2009 [Online]. [Consult. 2019-03-30]. Available on WWW: https://www.mjd.org.pt/default/storage/content/175/attachments/revistaprevisualizacaopdf.pdf.>. (Portuguese)
• Exercising journalists’ profession without a professional card: the crime of usurpation of functions (Portuguese) — Revista do Ministério Público, Lisbon, 2005. (Portuguese)
• Report of the Working Group for an Integrated legal approach to the phenomenon of domestic violence. (Co-Author) (Portuguese) – Lisbon. Ministério da Justiça, 2019, 180 pp. Report of the Working Group created by order of the Minister of Justice, on March 20, 2019, on domestic violence. Reference available on WWW http://www.dgsi.pt/bsge.nsf/585dea57ef154656802569030064d624/99327e917f8d0df4802584f7004f4f21?OpenDocument&Highlight=0,viol%C3%AAncia,dom%C3%A9stica>.
• Council of Europe Convention against trafficking in human organs: proposals for implementing its provisions in the Portuguese legal system. (Co-Author) (Portuguese) [S.l.]: Council of Europe, 2018.- 29 cm. This Convention (No. 216 of the European Treaty Series) was adopted in Santiago de Compostela on March 25 2015. Reference available on WWW http://www.dgsi.pt/bsge.nsf/585dea57ef154656802569030064d624/3f818784a842ac90802583c8003aa55e?OpenDocument&Highlight=0,tr%C3%A1fico>.

Awards/Other Information

• Upon the decision of the High Council of the Public Prosecution Service, on 7/02/2024, classified as “VERY GOOD” by the service provided at the Lisbon Circle Administrative Court.
• – Honor n.º. 475/2019, of October 14, 2019, awarded by the Minister of Justice, for the performance of duties as Advisor to the Cabinet. [Online]. [Consult. 2019-03-30]. Available on WWW: https://dre.pt/home/-/dre/125277853/details/2/maximized>.
• Upon the decision of the High Council of the Public Prosecution Service, on January 31/01/2011, classified as “VERY GOOD” by the service provided at the Lisbon’s Prosecution Service – DIAP
• – Received the «Santander Totta» award for achieving the best ranking in the Master of “Competitive Intelligence” at the Portuguese Military Academy in the 2012-2013 academic year.