Decree No. 8154, Of 16 December 2013

Original Language Title: Decreto nº 8.154, de 16 de dezembro de 2013

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Decree No. 8154, of 16 DECEMBER 2013 Regulates the functioning of the national system for preventing and combating Torture, the composition and functioning of the National Committee for preventing and combating Torture and provides for the National Mechanism of Torture prevention and combating.
The President of the REPUBLIC, in the use of the powers conferred. 84, caput, sections IV and VI, paragraph a, of the Constitution, and in view of the provisions of art. 2, paragraph 3, and in art. 7, paragraph 7, of law No. 12847, August 2, 2013 and the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment, promulgated by means of Decree No. 6085, of 19 April 2007, D and C R E T a: Art. 1 this Decree regulates the functioning of the national system for preventing and combating Torture-SNPCT, the composition and functioning of the National Committee for the prevention and fight against Torture-CNPCT, and on the National Mechanism of Torture prevention and combating-MNPCT.
Art. 2 the SNPCT aims to strengthen the prevention and the fight against torture and other cruel, inhuman or degrading treatment or punishment, respecting the entirety of human rights, in particular those of persons deprived of their liberty.
Sole paragraph. SNPCT coordination will be carried out by the Secretariat of Human Rights of the Presidency of the Republic.
Art. 3rd SNPCT objectives Are: I-promote joint and cooperative activities between the agencies and entities that make up;
II-adopt instruments that allow the exchange of information;
(III) disseminating good practices and successful experiences of agencies and entities for the achievement of its purpose;
IV-actions, projects and joint plans between federated entities; spheres of power; bodies responsible for public security, for the custody of persons deprived of their liberty, by long-stay hospital locations and for the protection of human rights; SNPCT of agencies and entities, among others; and V-strengthen SNPCT purpose-related networks, such as those composed by boards of rights, non-governmental organizations, social movements, forums, internal affairs and Police Ombudsman and prison systems.
Art. 4 Integrate the SNPCT: I-the CNPCT;
II-the MNPCT;
III-the National Council of Criminal and Penitentiary Policy; and IV-the National Penitentiary Department of the Ministry of Justice.
§ 1 the committees and District and State Mechanisms for the prevention and fight against Torture can integrate the SNPCT by means of specific membership term signed under this Decree and regulations complement the Secretariat of human rights of the Presidency of the Republic.
(2) the term of membership shall contain at least the following obligations: I-institution and functioning in line with the provisions of the Optional Protocol to the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment, promulgated by Decree No. 6085, of 19 April 2007, in law No. 12847, of 2 August 2013 and in this Decree; and II-implementation of actions to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment.
Art. 5 the SNPCT can be integrated, by subscription to specific instrument, the following bodies and entities, among others: (I)-the judiciary bodies specialized in childhood, youth, military and penal execution;
II-human rights commissions of the federal legislative powers, State, and municipal district;
III-organs of the Prosecutor with expertise in external control of police activity, by the District Attorney's Office and military prosecutor, childhood and youth and citizen protection or by linked to the penal execution;
IV-public defenders;
V-community councils and State Penitentiary and District Councils;
I saw Police Ombudsman and corregedorias, penitentiary systems, State and district federal and other Ombudsman with operations related to preventing and combating torture, including agriculture;
VII-State, municipal and District Councils of human rights;
VIII-Guardianship Councils and councils of rights of children and adolescents; and IX-non-governmental organizations, social movements, forums and networks that serve at least three years ago, in the promotion and protection of human rights, especially the rights of persons deprived of their liberty.
Sole paragraph. The Act Chief Minister of State of the Ministry of Human Rights will have on the criteria and the procedure for entry into SNPCT of bodies and entities listed in items I to X of the caput.
Art. 6 the organs referred to in art. 4th will ordinarily an annual meeting.
Sole paragraph. The organs and entities referred to in art. 5th may be invited to attend the ordinary meeting.
Art. 7 the members of the SNPCT listed in items I to IV of the caput of the art. 4 will have the following common assignments: I-collect and systematize information;
II-develop integrated communication strategies;
III-conduct research and studies;
IV-spread the good practices and successful experiences in preventing and combating torture and other cruel, inhuman or degrading treatment or punishment;
V-link up with other agencies to develop policies of assistance to victims, in particular those requiring emergency care; and I saw him link up with organs and entities that develop programs of threatened persons protection to ensure the protection of victims.
Sole paragraph. The organs and entities referred to in art. 5 shall comply with the provisions laid down in sections I and II of the caput when formally integrated with SNPCT, will share information with the CNPCT and will act to prevent and combat torture and other treatments and cruel, inhuman or degrading treatment or punishment.
Art. 8 the CNPCT, an integral organ of the structure of the Secretariat of Human Rights of the Presidency of the Republic, shall be composed of: (I)-a representative of the following bodies: the holder) secretariat of human rights of the Presidency of the Republic;
b) Casa Civil da Presidência da República;
c) Ministry of Justice;
d) Ministry of defence;
e) Ministry of Foreign Affairs;
f) Ministry of education;
g) Ministry of Social development and hunger alleviation;
h) Ministry of health;
I) General Secretariat of the Presidency of the Republic;
j) Secretariat for policies to promote Racial Equality of the Presidency of the Republic; and k) secretariat of policies for women of the Presidency of the Republic.
II-two representatives who hold advice from professional classes;
III-eight representatives who hold social movements, forums, networks, civil society entities with expertise related to the prevention and the fight against torture and other cruel, inhuman or degrading treatment or punishment; and IV-two representatives of entities representing holders of workers, students, entrepreneurs and research and education institutions, whose activities are related to preventing and combating torture and other cruel, inhuman or degrading treatment or punishment.
(1) the representatives referred to in item I of the caput and their alternates shall be appointed by holders of the bodies that represent and designated by Act of the President of the Republic.
(2) the representatives referred to in sections II, III and IV of the caput and their alternates shall be appointed by the President of the Republic, after public call.
§ 3 the choice of the representatives referred to in sections II, III and IV of the caput and their alternates will seek to represent the diversity of race and ethnicity, gender and region.
§ 4 the representatives referred to in sections II, III and IV of the caput and their alternates must necessarily be the same institution.
§ 5 the term of Office of representatives and substitutes, holders, CNPCT referred to in art. 9, caput, sections II, III and IV shall be two years, admitted to a renewal, for the same period.
paragraph 6 CNPCT participation will be considered provision of relevant, unpaid public service.
§ 7 the CNPCT will be chaired by the Chief Minister of the Secretariat of Human Rights of the Presidency of the Republic.
§ 8 the Vice President will be elected by the other members of the CNPCT and will mandate a year, ensured the alternation between the representatives referred to in subsection I and items II, III and IV of the caput of the art. 9.
Art. 9th the CNPCT will meet in ordinary character bimonthly sole paragraph. CNPCT meetings will be open, the limits laid down in law No. 12527, November 18 2011, regarding the dissemination of information.
Art. 10. The MNPCT, an integral organ of the structure of the Secretariat of Human Rights of the Presidency of the Republic, shall be composed of eleven experts, chosen by CNPCT and appointed by the President of the Republic, with a mandate of three years, admitted to a renewal for the same period.
§ 1 the procedure of choice for MNPCT experts will be disciplined in CNPCT Act, ensured broad dissemination and transparency.
(2) the choice of the members of MNPCT will seek to represent the diversity of race and ethnicity, gender and region.
paragraph 3 is prohibited possession of experts linked to networks and civil society entities and educational institutions and research bodies representing workers, students and members of the CNPCT.
§ 4 the President of the CNPCT shall, annually, the expert responsible for the general coordination of MNPCT, admitted to a renewal.

Art. 11. Apply to members referred to in art. 15 the provisions of Decree No. 1171, 22 June 1994-Professional Ethics Code of the public servant of the Federal Executive Branch Civil, respected human dignity and ensured the promotion and defence of human rights of persons deprived of their liberty and of victims of torture.
Art. 12. The MNPCT shall prepare biennial strategic planning, which will contain your goals, the survey of institutions of deprivation of liberty, the assessment of their performance and the periodic review of their goals.
(1) the MNPCT will bill advertising on regular and periodic visits people deprived of their liberty and of the criteria for the definition of extraordinary and follow-up visits, and referrals and arrangements arising from the visits, observed the law No. 12527, of 18 November 2011.
§ 2 The MNPCT visits will be carried out by at least three experts and the regionality criteria.
Art. 13. The experts of the MNPCT should ensure the protection of sensitive information and the personal information.
Sole paragraph. No personal data shall be published without the formal consent of the person concerned or his legal representative.
Art. 14. The Federal Police Department and the Federal Highway police ensure the support necessary for the performance of the MNPCT, by means of agreement to be signed with the Secretariat of Human Rights of the Presidency of the Republic.
Art. 15. The MNPCT shall give priority, in its periodic and regular visits, the investigation of complaints made by the CNPCT or forwarded by him, from the organs of sections III and IV of the caput of the art. 4.
Art. 16. The periodic and regular visits to persons deprived of their liberty by the MNPCT will occur in conjunction with the State or district Mechanism of preventing and combating Torture.
(1) the formalization of the communication to the State or district Mechanism of preventing and fighting torture will be made responsible for he indicated, with minimum antecedence of 24 hours, through official correspondence issued by the MNPCT with notice of receipt.
(2) For regular and periodic visits carried out by the MNPCT may be invited representatives of entities of the civil society, experts and specialists with expertise in related areas, applying to them the provisions of art. 16. paragraph 3 it will be up to other public officials and participants of the regular and periodic visits to observe the predictions listed in art.
16. Art. 17. When observed evidence of the practice of torture and other treatments and cruel, inhuman or degrading treatment or punishment, MNPCT experts will represent the administrative authority higher than that against which is formulated, the police authority and the competent public prosecutor.
Art. 18. The Secretariat for Human Rights will provide technical, financial and administrative support necessary for the operation of the SNPCT, the CNPCT and the MNPCT.
Art. 19. The secretariat of Human Rights will encourage the creation of mechanisms to prevent and combat torture within the States and the Federal District.
Art. 20. The voluntary transfer of resources held by the human rights Secretariat of the Presidency of the Republic for the federated entities aimed at preventing and combating torture will be preceded the end of accession provided for in art. 4, paragraph 1.
Art. 21. The cost of this Decree shall be borne by the Union budget appropriations allocated annually in the budget of the Secretariat for Human Rights of the Presidency of the Republic, observed the limits of movement, of commitment and of fixed payment annually.
Art. 22. The CNPCT and the MNPCT shall approve its internal regulations, by an absolute majority of its members, within 60 days, counted of the date of its installation.
Art. 23. The public call for the choice of the first composition of the CNPCT will be called up through public notice prepared and published by the Secretariat of Human Rights of the Presidency of the Republic, within 45 days, counted of the date of publication of this Decree, the provisions of § 3 of art. 9.
Art. 24. The first Vice-President of the CNPCT will be elected among the members referred to in sections II, III and IV of the caput of the art. 9.
Art. 25. The CNPCT will choose the first members of MNPCT within 90 days, counted of the date of its installation.
Art. 26. The National Committee for prevention of torture in Brazil, established by Presidential Decree of 26 June 2006, will be held until the appointment of members of the CNPCT.
Art. 27. This Decree shall enter into force on the date of its publication.
Art. 28. Is revoked the Decree of 26 June 2006 establishing, in the framework of the Special Secretariat for human rights of the Presidency of the Republic, the National Committee for prevention of torture in Brazil.
Brasília, 16 December 2013; 192 of independence and 125 of the Republic.
ROUSSEFF José Eduardo Cardozo Maria del Rosario Nunes attachment (s)

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