Lisbon, Dec. 18, 2025 (Lusa) - The Attorney General stated on Thursday that he recused himself from the conclusions of the preliminary investigation into Spninumviva due to the climate surrounding him and rejected the claim that the investigation into Luís Montenegro had exceeded its limits.
Amadeu Guerra was speaking to journalists about the decision taken by the Public Prosecutor's Office to close the preliminary investigation into Spinumviva, a company owned by the family of Prime Minister Luís Montenegro, after attending a human rights awards ceremony at parliament.
"Before the final ruling, in view of some comments that were made, both in the media and by commentators and people responsible for my impartiality, I decided to submit my request for recusal concerning the final assessment," he said.
According to the Attorney General (PGR), his impartiality was never in question in this case.
"But because of a series of comments that were made, mainly because of the way many people misinterpreted" his statements about an alleged Christmas gift related to the Spinumviva case, Amadeu Guerra said he chose to recuse himself from the final decision phase of that case.
According to Amadeu Guerra's account, the confusion generated by his reference to a Christmas "gift" arose after a journalist asked a question.
"He asked if the preliminary investigation would be decided by Christmas and whether that would be a good Christmas gift for the Attorney General's Office.
And I understand that when there are final decisions, when there are charges, so, when there is a final ruling on whatever it may be, given the speed with which we intend to proceed, it is always good for me. For the Attorney General's Office for that to happen," he claimed.
When asked if it was because of the atmosphere created around this reference to the Christmas present that led him to recuse himself from the Spinumviva case, he replied: "Exactly, that's why."
Amadeu Guerra stated that he participated in the opening of the preliminary investigation, but then the DCIAP "had complete autonomy."
"I gave everything I could," although without knowing "what the magistrates were doing," he maintained. Furthermore, according to the Attorney General, in the Spinumviva case, "as there was no report of a crime, the question of whether there is evidence, whether there is no evidence, whether an inquiry will be opened, or whether no inquiry will be opened, was never discussed."
In Amadeu Guerra's view, both in terms of administrative law and criminal procedure, "these mechanisms exist in the law to prevent people from thinking that someone in the Attorney General's Office is impaired in their impartiality to be able to decide independently".
"There were people who said that at Christmas, a gift would be given by the Attorney General, misrepresenting everything that happened". And it was precisely to avoid this that he recused himself, he argued.
On Wednesday, in a note published on the website of the Central Department of Investigation and Penal Action (DCIAP), the Public Prosecutor's Office justified the dismissal, stating that there was no "report of criminal wrongdoing".
In response to this decision, the prime minister, in a statement from Brussels on Wednesday evening, said that limits had been exceeded in this preliminary investigation into his family's company.
On this point, Amadeu Guerra, while saying he did not intend to respond to Luís Montenegro, recalled the position already taken on this matter by the director of the DCIAP, Rui Cardoso, and countered: "What I can say is that in all sectors, whether in preliminary investigations or in inquiries, we comply with the law".
"It is not my place to comment on [Luís Montenegro's] statements. And so, some people may read it one way, others may read it another way. We did not go any further, and Rui Cardoso explained this clearly yesterday [Wednesday]. I think there is absolutely no doubt about this and there is no point in adding anything further," argued the Attorney General.
When confronted with the Public Prosecutor's Office's challenge to the use of preventive investigation without the aim of preventing crimes, Amadeu Guerra responded: "I respond with the law."
"When they revoke the law that regulates preventive investigations and say that it is not possible, then we will stop doing it, as is evident," he added.
PMF/ADB // ADB.
Lusa
