Portugal Prosecutors Reject António Costa Request to Inspect Operação Influencer Files

Sixth refusal and legal dispute

Portugal's Public Prosecution Service has rejected a sixth request by former Prime Minister António Costa to consult the case files of Operação Influencer. Costa, who led the Portuguese government from November 2015 to April 2024 and currently serves as president of the European Council, described the decision as an assault on the rule of law. Public prosecutor Rita Madeira denied the request because Costa remains categorized solely as a suspect rather than a formal defendant, aggrieved party, or assistant in the inquiry. In his defense submission, Costa stated that he does not require protection against himself and criticized the prosecution for withholding the evidentiary findings of an investigation spanning nearly three years.

The Portuguese Prosecutor General's Office addressed the decision in a written response on Friday.

The rejection of the requests was based on the fact that the applicant does not formally hold the position of a procedural party under applicable procedural rules, on the one hand, and that the investigation continues under external judicial secrecy, on the other.

Origins of Operação Influencer

The investigation became public on 7 November 2023, when judicial authorities carried out searches and detained five individuals, including Costa's former chief of staff. The inquiries focus on suspected economic and financial crimes relating to three specific industrial projects: the construction of a data center in Sines in the Setúbal district, lithium exploration concessions in Montalegre and Boticas in the Vila Real district, and hydrogen energy production facilities in Sines. Prosecutors alleged that members of the executive branch enacted tailored legislation to favor private corporate interests.

On the day of the initial raids, a press release issued by then-Prosecutor General Lucília Gago stated that suspects had invoked the prime minister's name and authority to unblock bureaucratic procedures. The statement indicated that references to Costa would be analyzed autonomously in an inquiry opened before the Supreme Court of Justice. Costa resigned from his post hours after the communique was released, which led to early parliamentary elections and the dissolution of his Socialist majority government. Costa subsequently criticized that specific paragraph, identifying it as the direct catalyst for his departure from national politics.

Shifting secrecy rules and procedural status

The case was placed under complete judicial secrecy in April 2024, shortly before Costa testified voluntarily at his own request before the Central Department of Investigation and Criminal Action in May 2024. During that session, Costa submitted his initial request to examine the investigation records, which prosecutors denied. Internal judicial secrecy was lifted in March 2026, granting formal procedural parties full access to the evidence compiled by investigators. Costa submitted five additional requests to consult the files, including his latest petition following the March 2026 procedural shift.

Despite the lifting of internal secrecy, prosecutor Madeira maintained the block on Costa's access, arguing that the restriction prevented unwarranted media exposure and protected the ongoing inquiries. Costa remains suspected of prevarication but has never been formally designated as an arguido, a status under Portuguese criminal law that grants specific defense rights and document access. The Prosecutor General's Office confirmed on Friday that the case is divided into multiple independent inquiries and that Costa is not an arguido in any of them.