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
Art. 2 the Group of
Work forward, until the month of April 2010, the President of the Republic, the
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;
the Ministry of Justice;
the Ministry of defence;
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,
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;
Amnesty under the Ministry of Justice;
created by law No. 9140, of 1995, linked to the Special Secretariat for human rights
Supervision established by institutional Decree of July 17
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;
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;
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;
access to information, the means and resources necessary for the location and
identification of the bodies and remains of missing politicians;
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;
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