Whistleblowing : a denúncia e o denunciante

Abstract

The role of Whistleblowing has been gaining an increasing importance in our society. The way in which democratic institutions respond to this information channel is decisive for the action of the Democratic Rule of Law and, ultimately, gives legitimacy to the powers of their institutions. As it is encouraged, it also requires a legal regime that establishes the whistleblower's modus operandi (regarding the formal requirements of a complaint) and guarantees its’ necessary protection (in its person and property). Under the traditional Whistleblowing institute, only the worker-whistleblower is worthy of this protection. This is understood in view of the assumption that only they have a privileged position to learn about harmful conduct to the public interest, accompanied by a position of vulnerability and economic dependence on the person they report; these constraints justify their protection against particularly damaging retaliation. Today, these assumptions remain intact. However, they are out of step with the current reality. It is not just workers-whistleblowers who suffer retaliation, it is not just job retaliation that requires protection, and the information, considered significant and worthy of support, can be obtained by countless means and by any citizen. Bearing in mind the transposition of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law, I set out the grounds for adapting the personal scope of this regime, in order to protect the worker-whistleblower and the citizen-whistleblower. In addition, I unveil the requirements imposed on a complaint in order for it to be considered operative. These are a guarantee of a balance between the functioning of society and the individual freedoms of each one.

Date of Award	18 Oct 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)