DECREE NO 8,154, DE December 16, 2013

Regulates the functioning of the National System of Prevention and Combating Torture, the composition and functioning of the National Committee on Prevention and Combating Torture and has on the National Mechanism for Prevention and Combat à Torture.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignments that confers him on art. 84 ,caput, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of art. 2º, § 3º, and at art. 7º, § 7º, of Law No. 12,847 of August 2, 2013, and in the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Penas, promulgated by means of Decree No 6,085 of April 19, 2007,

D E C R E T A:

Art. 1º This Decree regulates the functioning of the National System for Prevention and Combating Torture-SNPCT, the composition and functioning of the National Committee on Prevention and Combating Torture-CNPCT, and has on the National Mechanism for Prevention and Combat to Torture-MNPCT.

Art. 2º The SNPCT is intended to strengthen the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment, while respecting the integrality of human rights, particularly those of the private persons of freedom.

Single Paragraph. The coordination of SNPCT will be exercised by the Office of Human Rights of the Presidency of the Republic.

Art. 3º Are SNPCT objectives:

I-promote articulation and cooperative acting between the organs and entities that make up it ;

II-adopt instruments that provide for the exchange of information ;

III-disseminate good practices and exitous experiences of organs and entities for the scope of its purpose ;

IV-articulating actions, projects and plans between federated ones ; spheres of power ; bodies responsible for public safety, for the custody of private persons of freedom, for long-stay internation sites and for the protection of human rights ; organs and integral entities of SNPCT, among others ; and

V-strengthen networks related to the purpose of the SNPCT, such as those composed of rights councils, non-governmental organizations, social movements, forums, corregedorities and police and systems penitentiaries.

Art. 4º Integrate the SNPCT:

I-the CNPCT ;

II-the MNPCT ;

III-the National Council on Criminal and Penitential Policy ; and

IV-the National Penitentiary Department of the Ministry of Justice.

§ 1º The Committees and State and District Mechanisms for Prevention and Combating Torture will be able to integrate SNPCT by means of specific accession term under this Decree and supplementary regulation of the Office of the Office of Human Rights of the Presidential Presidency.

§ 2º The term of accession will contain, at the very least, the following obligations:

I-institution and operation in line with the provisions of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Penas, promulgated by Decree No 6,085, 19 of April 2007, in Law No. 12,847 of August 2, 2013, and in this Decree ; and

II-execution of actions for prevention and combating torture and other cruel, inhuman or degrading treatment or punishment.

Art. 5º SNPCT can be integrated, upon subscription of specific instrument, by the following organs and entities, among others:

I-organs of the Judiciary Power with acting in the areas of childhood, youth, military and criminal execution ;

II-human rights commissions of the federal, state, district and municipal legislative powers ;

III-organs of the Public Prosecutor's Office with acting in the external control of police activity, the promotoral and military procuratorates, childhood and youth and protection of the citizen or by the linked to the criminal execution ;

IV-public defensories ;

V-community councils and state and district penitentiary councils ;

VI-corregedorias and police ouglers, of the federal, state and district penitentiary systems and other listeners with acting related to the prevention and combating of torture, included agrarians ;

VII-state councils, municipal and human rights district ;

VIII-tutelary advice and rights advice of children and adolescents ; and

IX-non-governmental organizations, social movements, forums and networks, which act, at the very least three years ago, in the promotion and advocacy of human rights, in particular of the rights of private persons of freedom.

Single Paragraph. Act of the Chief Minister of State of the Office of Human Rights of the Presidency of the Republic will have on the criteria and the procedure of admission to the SNPCT of the organs and entities elated in the incisos I to X of the caput.

Art. 6º The organs mentioned in art. 4º will ordinarily hold an annual meeting.

Single Paragraph. The organs and entities to which the art refers. 5º will be able to be invited to attend the ordinary meeting.

Art. 7º The SNPCT members elated in the incisos I a

IV of the caput of the art. 4º will have the following common assignments:

I-collect and systematize information ;

II-develop integrated communication strategies ;

III-conduct research and studies ;

IV-disseminate good practices and exitous experiences in preventing and combating torture and other cruel, inhuman or degrading treatment or punishment ;

V-articulate with other organs to develop victims' care policies, in particular those requiring emergency care ; and

VI-articulate with organs and entities that develop protection programs for threatened persons aiming to ensure the protection of victims.

Single Paragraph. The organs and entities to which the art refers. 5º will comply with the provisions of the incisos I and II of the caput when formally integrated into the SNPCT, share information with the CNPCT and will act for the prevention and combating of torture and other cruel, inhuman or otherwise humane treatment and punishment. degrading.

Art. 8º The CNPCT, an integral organ of the structure of the Office of Human Rights of the Presidency of the Republic, will be composed of:

I-a titular representative of the following bodies:

a) Office of Human Rights of the Presidency of the Republic ;

b) Civil House of the Presidency of the Republic ;

c) Ministry of Justice ;

d) Ministry of Defense ;

and) Ministry of Foreign Affairs ;

f) Ministry of Education ;

g) Ministry of Social Development and Combat to Famer ;

h) Ministry of Health ;

i) Secretariat-General of the Presidency of the Republic ;

j) Secretary of Racial Equality Promotion Policies of the Presidency of the Republic ; and

k) Secretary of Policies for Women of the Presidency of the Republic.

II-two representatives holders of professional class councils ;

III-eight representatives of social movements, forums, networks, civil society entities with acting related to the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment ; and

IV-two representatives of representative entities of employees, student entrepreneurs and educational and research institutions, whose performance is related to the prevention and combating of torture and other treatments or cruel, inhuman or degrading feathers.

§ 1º The representatives referred to in the inciso I of the caput and their alternates shall be indicated by the holders of the organs they represent and designated by act of the President of the Republic.

§ 2º The representatives referred to in the incisos II, III and IV of the caput and their alternates shall be designated by act of the President of the Republic after public call.

§ 3º The choice of the representatives referred to in the incisos II, III and IV of the caput and their alternates will seek to represent the diversity of race and ethnicity, of gender and region.

§ 4º The representatives referred to in the incisos II, III and IV of the caput and their alternates should necessarily be from the same institution.

§ 5º The mandate of the representatives, holders and supplier, of the CNPCT referred to in art. 9º, caput, incisos II, III and IV will be two years, admitted a redriving, per equal period.

§ 6º The participation in the CNPCT will be considered to be the provision of relevant, unpaid public service.

§ 7º The CNPCT will be chaired by the Chief Minister of the Office of the Office of Human Rights of the Presidency of the Republic.

§ 8º The Vice President shall be elected by the other members of the CNPCT and shall exercise a year's term, ensured the alternation between the representatives referred to in the inciso I and the incisos II, III and IV of the art caput . 9º.

Art. 9º The CNPCT will meet in bimonthly ordinary character Paragraph unique. The CNPCT meetings will be opened, respected the limits set out in Law No. 12,527 of November 18, 2011 on the dissemination of information.

Art. 10. The MNPCT, an integral organ of the structure of the Office of Human Rights of the Presidency of the Republic, will be composed of eleven experts, chosen by the CNPCT and appointed by the President of the Republic, with a three-year mandate, admitted a reconduct for equal period.

§ 1º The procedure of choosing MNPCT experts will be disciplined in act of the CNPCT, assured broad disclosure and transparency.

§ 2º The choice of MNPCT members will seek to represent the diversity of race and ethnicity, gender, and region.

§ 3º It is vetoed with the possession of experts linked to civil society networks and entities and educational and research institutions, representative entities of employees, students, and member entrepreneurs of the CNPCT.

§ 4º The President of the CNPCT shall, annually, define expert responsible for the coordination-general of the MNPCT, admitted a refusal.

Art. 11. They apply to the members referred to in art. 15 the provisions of Decree No 1,171, of June 22, 1994-Code of Professional Ethics of the Civil Public Server of the Federal Executive, respected human dignity and ensured the promotion and defence of human rights of persons deprived of freedom and victims of torture.

Art. 12. MNPCT will draw up biennial strategic planning, which will contain its objectives, the lifting of freedom deprivation institutions, the evaluation of their performance and the periodic review of their goals.

§ 1º MNPCT will give advertising of the rewriting on periodic and regular visits to private persons of freedom and the criteria for the definition of the extraordinary and follow-up visits, and the forwarding and providence arising from the visits, observed Law No. 12,527 of November 18, 2011.

§ 2º MNPCT visits will be carried out by at least three experts and will observe the criteria for regionality.

Art. 13. The MNPCT experts should ensure the protection of sensitive information and personal information.

Single Paragraph. No personal data will be published without the formal consent of the person involved or their legal representative.

Art. 14. It will be up to the Federal Police Department and the Federal Highway Police to ensure the necessary support for the MNPCT's acting, by way of agreement to be struck with the Office of the Human Rights Office of the Presidency of the Republic.

Art. 15. MNPCT will prioritize, in its periodic and regular visits, the ascertainment of the complaints formulated by the CNPCT or by it forwarded, coming from the organs of the incisos III and IV of the art's caput . 4º.

Art. 16. Periodic and regular visits to private persons of freedom carried out by the MNPCT will occur in conjunction with the State or District Mechanism of Prevention and Combat to Torture.

§ 1º The formalization of communication to the State Mechanism or Prevention of Prevention and Combat to Torture shall be made to the responsible officer appointed, at least twenty-four hours in advance, by official correspondence issued by MNPCT with notice of receipt.

§ 2º For regular and periodic visits carried out by the MNPCT will be able to be invited representatives of civil society entities, experts and experts with acting in related areas, applying to them the provisions of art. 16.

§ 3º Caberá to the other public servants and participants of regular and periodical visits observe the constant forecasts in art.

16. Art. 17. When found evidence of the practice of torture and other cruel, inhuman or degrading treatment and punishment, MNPCT experts shall represent the administrative authority greater than the one against which it is formulated, the police authority and the Competent public ministry.

Art. 18. The Office for Human Rights of the Presidency of the Republic shall provide technical, financial and administrative support necessary for the operation of SNPCT, CNPCT and MNPCT.

Art. 19. The Office of Human Rights of the Presidency of the Republic will foster the creation of Mechanisms of Prevention and Combating Torture within the States and the Federal District.

Art. 20. The voluntary transfer of resources undertaken by the Office of Human Rights of the Presidency of the Republic to the federal people intended for the prevention and combating of torture shall be preceded by the term of accession referred to in art. 4º, § 1º.

Art. 21. The expenses arising from this Decree will be borne by Union budget appropriations earmarked annually in the budget of the Office for Human Rights of the Presidency of the Republic, observed the limits of movement, commitment and of payment fixed annually.

Art. 22. The CNPCT and the MNPCT will approve their internal regiments, by an absolute majority of their members, within sixty days, counted from the date of their installation.

Art. 23. The public call for the choice of the first composition of the CNPCT will be convened by means of an edition drawn up and published by the Office of Human Rights of the Presidency of the Republic, within forty-five days, counted from the date of publication of this Decree, respected the provisions of § 3º of the art. 9º.

Art. 24. The first vice president of the CNPCT will be elected among the members referred to in the incisos II, III and IV of the caput of the art. 9º.

Art. 25. The CNPCT will choose the first members of the MNPCT within ninety days, counted from the date of their installation.

Art. 26. The National Committee for Prevention and Control of Torture in Brazil, instituted by the Decree of June 26, 2006, will be held up to the designation of the members of the CNPCT.

Art. 27. This Decree shall enter into force on the date of its publication.

Art. 28. It is repealed the Decree of June 26, 2006, which creates, within the framework of the Special Office of Human Rights of the Presidency of the Republic, the National Committee for Prevention and Control of Torture in Brazil.

Brasilia, December 16, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Maria of the Rosary Nunes

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