Law No. 12106, Of 7 December 2009

Original Language Title: Lei nº 12.106, de 7 de Dezembro de 2009

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LEI No. 12,106 OF December 7, 2009.

Cria, within the framework of the National Council of Justice, the Department of Monitoring and Surveillance of the Carcerary System and the Enforcement System of Socioeducational Measures and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction it following Law:

Art. 1st It is created, within the framework of the National Council of Justice, the Department of Monitoring and Surveillance of the Carcerary System and the Socioeducational Measures Execution System-DMF.

§ 1st Constitution Constitution of the DMF, among other correports that could be established administratively:

I-monitor and monitor compliance with the recommendations and resolutions of the National Council of Justice in relation to the provisional and definitive arrest, security measure and internation of adolescents ;

II-plan, organize and coordinate, within each court, mutyons for re-evaluation of the provisional and definitive arrest, safety measure and internation of adolescents and for the improvement of cartorary routines ;

III-follow up and propose solutions in the face of irregularities verified in the prison system and in the system for implementing socio-educational measures ;

IV-foster the implementation of protective measures and professional capacity-building projects and social reinsertion of the intern and the egressal of the prison system ;

V-propose to the National Council of Justice, in relation to the prison system and the system of execution of socio-educational measures, the standardization of procedures, as well as studies for further improvement of the legislation on the subject ;

VI-follow up and monitor projects concerning the opening of new vacancies and the fulfillment of the relevant legislation in relation to the prison system and the system for implementing socio-educational measures ;

VII-follow up on the deployment and operation of electronic management system of criminal execution and of electronic follow-up mechanism of provisional prisons ;

VIII-co-ordinating the installation of voluntary legal assistance units within the system carcerary and the system for the implementation of socio-educational measures.

§ 2nd For the achievement of the institutional objectives of the DMF, the National Council of Justice may:

I-establish links of cooperation and exchange with public or private bodies and entities, domestic, foreign or supranational, in the field of their acting ;

II-to enter into contracts with specialized physical and legal persons.

Art. 2nd The Department will be coordinated by 1 (one) an auxiliary judge appointed by the President of the National Council of Justice and supervised by 1 (one) adviser designated by the plenary and will count on the structure of positions in commission and commissioned functions provided for in art. 3rd.

Art. 3rd Ficam created in the National Board of Justice's Personnel Framework:

I-1 (one) job on level CJ-3 commission ;

II-3 (three) commissioned functions of level FC-6 ;

III-3 (three) commissioning functions of level FC-5.

Art. 4th The expenses arising from the application of this Act shall run into the account of the claims consignment to the budget unit of the National Council of Justice in the Union's general budget.

Art. 5th This Act shall enter into force on the date of its publication.

Brasilia, December 7, 2009 ; 188th of the Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Paulo Bernardo Silva

ANNEX

MONITORING AND SURVEILLANCE DEPARTMENT

NIVEL

DENOMINATION

QUANTITY

Posts in Commission

CJ-3

Assessor III

1

Commissioned Functions

FC-6

Supervisor

3

FC-5

Assistant

3