Decreto-Lei n.º 153/90, de 16 de Maio de 1990
Decreto-Lei n.º 153/90 de 16 de Maio O Estatuto do Militar da Guarda Fiscal, aprovado pelo Decreto-Lei n.º 374/85, de 20 de Setembro, prevê, na alínea d) do n.º 1 do seu artigo 25.º, a possibilidade de dispensa do serviço dos militares daquele corpo especial de tropas.
Já anteriormente o Decreto n.º 78/77, de 28 de Maio, estabelecia que os sargentos e praças da Guarda Fiscal podiam ser dispensados do serviço da mesma Guarda e posteriormente reintegrados mediante simples requerimento aocomandante-geral.
Desde a publicação destes diplomas, porém, a situação no interior da Guarda Fiscal tem evoluído de forma significativa, por razões conotadas especialmente com a adesão do País às Comunidades, factor que determinou a exigência a todos os seus elementos de uma formação profissional bastante mais complexa, com base na adequação aos normativos comunitários que passaram a vigorar.
O cumprimento das novas missões implicou, assim, um investimento mais oneroso para o Estado no campo da formação de quadros, não se coadunando com mudanças constantes destes em plena fase de rendimento operacional, nem tão-pouco com reentradas de outros que, após um período de afastamento voluntário, se encontram desactualizados face às novas realidades. Urge, portanto, criar legislação que, salvaguardando embora os direitos fundamentais consignados na Constituição, acautele, por outro lado, os interesses do Estado.
Assim: Nos termos da alínea a) do n.º 1 do artigo 201.º da Constituição, o Governo decreta o seguinte: Artigo 1.º Os militares da Guarda Fiscal podem ser dispensados do serviço da mesma Guarda desde que o...
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