DECREE NO 5,079, DE May 11, 2004

Provides on the composition, structuring, competence and operation of the National Food Safety and Nutritional Security Council-CONSEA, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of the sole paragraph of art. 30 of Law No. 10,683 of May 28, 2003,

DECRETA:

Art. 1º The National Food Security Council and Nutritional-CONSEA, the immediate advising body to the President of the Republic, is intended to propose the formulation of public policies and guidelines for national security policy food and nutritional from the Federal Government.

Art. 2º TO CONSEA competes:

I-advise the President of the Republic on the formulation of policies that aim to integrate government actions to ensure human right to food ;

II-propose and pronounce on:

a) the guidelines of the National Food and Nutritional Security Policy, to be implemented by the Ministries, Secretaries and other organs and performers of that Policy ;

b) the priority projects and actions of the National Food and Nutritional Security Policy, included in the Government Pluriannual Plan ;

c) the ways of articulating and mobilizing organised civil society, within the framework of the National Food and Nutritional Security Policy, setting out priority indications ; and

d) the realization of studies that substantiate the proposals linked to food and nutrition safety.

III-propose accompanying strategies, monitoring and evaluation, as well as participation in the deliberative process of guidelines and procedures of policies related to food and nutrition security in the national territory ;

IV-stimulate the broadening and enhancement of the mechanisms of participation and social control, through a national network of state, regional and municipal collegium bodies, aiming to strengthen development of food and nutritional safety activities ;

V-promote and organize the realization of national food and nutritional safety conferences ;

VI-propose the update of legislation related to the development and nurturing activities of food and nutritional security ;

VII-define guidelines and action programs of the Colegated ; and

VIII-draw up its internal regiment and the proposals for amendments.

Single Paragraph. CONSEA will stimulate the creation of state and municipal food and nutritional safety advice, with which it will maintain close cooperation relations, especially in relation to the actions defined as priority under the National Policy of Food and Nutritional Security.

Art. 3º The CONSEA will be composed of forty-two advisers, appointed by the President of the Republic, who shall represent civil society, and the following Ministers of State, Special Secretaries and Advisor-Head of Special Asessory of the President of the Republic:

I-from Social Development and Combat to Famer ;

II-of Agriculture, Livestock and Supply ;

III-of the Cities ;

IV-of Agrarian Development ;

V-of Education ;

VI-of the Fazenda ;

VII-of the Environment ;

VIII-of Planning, Budget and Management ;

IX-of Health ;

X-from Work and Employment ;

XI-of the National Integration ;

XII-Head of the Secretariat-General of the Presidency of the Republic ;

XIII-of the Special Office for Equity And Fisheries of the Presidency of the Republic ;

XIV-from the Special Policy Registry for the Women of the Presidency of the Republic ;

XV-from the Special Bureau of Human Rights of the Presidency of the Republic ;

XVI-of the Special Secretary for Promotion Policies for Racial Equality of the Presidency of the Republic ; and

XVII-from the Advisor-Head of the Special Advisor to the Presidency of the Republic.

§ 1º The CONSEA will be chaired by one of the representatives of civil society, designated by the President of the Republic, and secretariat by the Minister of State for Social Development and Combat to the Famer.

§ 2º The representatives of civil society, of which it treats the caput, will be given two years' mandate, allowed for re-driving.

§ 3º Poor shall be invited to attend the meetings of the CONSEA, without voting rights, holders of other bodies or public entities, as well as persons representing civil society, whenever the tariff is on the agenda of his acting area, or the judgment of its President.

§ 4º The CONSEA will have as permanent guests, in the condition of observers, representatives of the following organs and entities:

I-Council for Economic and Social Development ;

II-National Council for Sustainable Rural Development ;

III-Intersetorial Food and Nutrition Commission ;

IV-United Nations Development Programme-UNDP ;

V-United Nations Children's Fund-UNICEF ;

VI-United Nations Organization for Agriculture and Food-FAO ;

VII-United Nations Educational, Scientific and Cultural Organization-UNESCO ;

VIII-International Labour Organization-ILO ;

IX-International Bank for Reconstruction and Development-BIRD ;

X-Inter-American Development Bank ;

XI-National Talher ;

XII-National Report of Human Rights to Food ;

XIII-Brazilian Association of Municipalities ;

XIV-National Confederation of Municipalities ; and

XV-National Front of Prefects.

§ 5º Participation in CONSEA will be considered relevant public service, unpaid.

Art. 4º The CONSEA will contain permanent thematic chambers, as set out in the internal regiment, which will prepare the proposals to be enjoyed by it.

§ 1º The thematic chambers will be composed of advisers appointed by the President of CONSEA, observed the conditions set out in the internal regiment, as well as governmental technicians acting in the respective areas in that they are applied.

§ 2º In the drafting stage of the proposals to be submitted to the CONSEA plenary, the thematic chambers will be able to invite representatives of civil society entities and public bodies and entities.

§ 3º Each Thematic Chamber should have a Coordinator chosen between civil society advisers and a Secretary linked to the government body.

Art. 5º The CONSEA will be able to institute working groups, of temporary character, to study and propose specific measures.

Art. 6º The President of CONSEA, the thematic chambers and the working groups will count on the administrative and technical support of the Ministry of Social Development and Combat to the Famer.

Art. 7º The internal regiment of CONSEA will be approved by the Chief Minister of the Civil House of the Presidency of the Republic.

Art. 8º For the fulfillment of its functions, the CONSEA will count on budgetary and financial resources earmarked in the budget of the Civil House of the Presidency of the Republic.

Art. 9º This Decree shall enter into force on the date of its publication.

Art. 10. Decree No 4,582 of January 30, 2003 shall be repealed.

Brasilia, May 11, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

José Dirceu de Oliveira e Silva