Decree Of 13 January 2010.

Original Language Title: DECRETO DE 13 DE JANEIRO DE 2010.

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DECREE of 13 JANUARY 2010.

 

Provides for the creation of the Group of

Work to elaborate draft bill establishing the National Commission of

Truth, and other arrangements.

 

THE PRESIDENT OF THE

REPUBLIC, the use of role that gives the art. 84, item VI, point (a)

? the?, of the Constitution, and considering the provisions of Directive 23 of Decree No.

7037, of 21 December 2009, DECREES: Art. 1 Is created the

Working Group to elaborate draft bill establishing the Commission

The National Truth, composed of plural form and suprapartidaria, with terms of reference and

defined period, to examine human rights violations committed in

period stipulated in art. 8 of the Act of the Transitional constitutional provisions,

in order to implement the right to memory and historical truth and promote

national reconciliation.

Art. 2 the Group of

Work forward, until the month of April 2010, the President of the Republic, the

draft Bill.

Art. 3 the Group of

Work will be integrated by the following members: I-a representative of the

Casa Civil da Presidência da República, the presiding;

II-a delegate

the Ministry of Justice;

III-a delegate

the Ministry of defence;

IV-a delegate

the Special Secretariat for human rights of the Presidency of the Republic;

V-the President of the

Special Commission established by the law on 9140, of 4 December 1995; and I saw a representative

civil society, indicated by the Special Committee created by law No. 9140,

in 1995.

Sole paragraph.  The

representatives in items I to IV and VI will be displayed within

ten days after the publication of this Decree.

Art. 4 the draft

law, with the aim of promoting greater exchange of information and the protection

more efficient human rights, establish that the National Commission of

Truth will coordinate with the activities carried out by the following bodies: (I)-national archives,

linked to the Civil House of the Presidency of the Republic;

II-Commission of

Amnesty under the Ministry of Justice;

III-Special Commission

created by law No. 9140, of 1995, linked to the Special Secretariat for human rights

Human;

IV-Committee

Supervision established by institutional Decree of July 17

2009;

V-Working Group

established by Ordinance in 567/MD, of 29 April 2009, the Minister of

State of Defense.

Art. 5 the draft

law shall provide that the National Commission of truth, in the exercise of their

assignments, you can perform the following activities: (I)-order

public documents, with the collaboration of the respective authorities, as well as

apply to the Judiciary access to private documents;

II-collaborate with

all instances of the Government for the investigation of violations of rights

humans, in compliance with the provisions of law No. 6683, of 28 August 1979;

III-promoting, with

the basis of their reports, the reconstruction of the history of the cases of violation of

human rights, as well as assistance to victims of such violations;

IV-promoting, based

access to information, the means and resources necessary for the location and

identification of the bodies and remains of missing politicians;

V-identify and

make public the structures used for the practice of violations of

human rights, its ramifications in several State apparatus, and in

other instances of society;

VI-register and

disclose its official procedures in order to ensure the clarification

torture, murder and detailed disappearances, and

discriminate against them and forward them to the competent bodies; and VII present

recommendations to promote effective national reconciliation and prevent the

not repetition of human rights violations.

Art. 6 the draft

law shall provide that the National Commission of truth shall, annually,

detailed report setting out the activities and their

conclusions based on information collected or received as a result of the

exercise of its powers.

Art. 7 If you have

sufficient reasons for the continuation of the work of the group, at the discretion of the

President of the Republic, the deadline in art. 2 may be extended.

Art. 8.  This Decree enters

in force on the date of its publication.

Brasília, 13 January 2010; 189 of

Independence and 122 of the Republic.

 

LUIZ INACIO LULA DA

Luiz Paulo Teles Ferreira Barreto SILVA Nelson Jobim Dilma Rousseff