Decree No. 7388, 9 December 2010

Original Language Title: Decreto nº 7.388, de 9 de Dezembro de 2010

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DECREE NO 7,388, DE December 9, 2010.

Disposes on the composition, structuring, skills and operation of the National Council for Combating Discrimination-CNCD.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, point?a?, of the Constitution, and in view of the willing in the arts. 24, § 2o, and 50 of Law no 10,683, of May 28, 2003,

CAPITCHAPTER I

DA PURPOSE AND COMPETENCE

Art. 1o The National Council for Combating Discrimination-CNCD, a collegiate body of consultative and deliberative nature, within the framework of its competencies, an integral part of the basic structure of the Office of Human Rights of the Presidency of the Republic, has for purpose, respected the other decision-making bodies and standards of organization of the federal administration, formulate and propose governmental action guidelines, in national context, aimed at combating discrimination and promoting and advocacy of the rights of Lesbians, Gays, Bisexual, Travestis and Transgender-LGBT.

Art. 2o The CNCD competes:

I-participatein the elaboration of criteria and governmental action parameters that target the ensuring the conditions of equality for the LGBT population ;

II-propose the review of actions, priorities, deadlines, and targets of the National Promotion Plan of the Citizenship and Human Rights of Lesbians, Gays, Bisexual, Travestis and Transgender-PNLGBT ;

III-proposeaction strategies targeting the evaluation and monitoring of the actions provided for in the PNLGBT ;

IV-follow, analyse and present suggestions in relation to the execution of programs and actions government for the LGBT population and the application of public resources to them authorized ;

V-submit suggestions for elaboration of the multiannual planning, establishment of guidelines budget and resource allocation in the annual budget of the Federal Government, aiming at the deployment of PNLGBT ;

VI-presentsuggestions and enhancements on bills that have implications on the rights and citizenship of the LGBT population ;

VII-participate in the organization of national conferences for public policy building for the LGBT population ;

VIII-articulating itself with public and private, national and international bodies and entities, targeting the systematic exchange on promotion of LGBT rights ;

IX-articulate with other rights councils or sector, for establishment of strategies common acting ;

X-fomentingthe creation of advice, coordinations and state plans aimed at promoting public policies for LGBT population ;

XI-proposerealization of campaigns aimed at promoting the rights of the LGBT population and the combating discrimination and prejudice ;

XII-proposing to conduct studies, debates and research on the subject of rights and inclusion of the LGBT population ; and

XIII-analyse and refer to the competent bodies the complaints received.

CHAPTER II

DA COMPOSITION

Art. 3o The Council consists of thirty members, appointed by the Chief Minister of the Chief Minister of Human Rights of the Presidency of the Republic, for two-year term, permitted refusal, observed the following composite:

I-fifteen representatives of the Federal Public Power appointed by the maximum leaders of each of the following organs:

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

b) Civil House ;

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

d) Secretary for Policy for Women of the Presidency of the Republic ;

e) Secretary of Racial Equality Promotion Policies of the Presidency of the Republic ;

f) Ministry of Health ;

g) Ministry of Justice ;

h) Ministry of Education ;

i) Ministry of Social Development and Combat to the Famer ;

j) Ministry of Labor and Employment ;

k) Ministry of Culture ;

l) Ministry of Social Security ;

m) Ministry of Tourism ;

n) Ministry of Foreign Affairs ; and

the) Ministry of Planning, Budget and Management ; and

II-fifteen representatives of civil society, indicated by not-for-profit entities, selected through public selective process, among those:

a) aimed at the promotion and advocacy of LGBT population rights ;

b) of the scientific community, which develop studies or research on the LGBT population ;

c) nationals, of a trade union nature or not, that confer workers or employers, with acting in the promotion, advocacy or guarantee of LGBT population rights ; and

d) of class, of national character, with acting in the promotion, defence or guarantee of rights of the LGBT population.

§ 1the Power shall still participate in the meetings of the Council, without the right to vote, a representative of each of the following bodies:

I-Federal Prosecutor's Office ;

II-Public Ministry of Labor ;

III-Federal Magistrature ; and

IV-Commission on Human Rights and Minorities of the House of Representatives.

§ 2the The Office of Human Rights of the Presidency of the Republic shall exercise the function of Executive secretary of the CNCD.

§ 3o Participation in the Council shall be deemed to provide relevant public service, unpaid.

§ 4the Each titular member referred to in the incisos I and II of the caput will have a supplier, that will replace it in its absences and possible impediments.

CHAPTER III

DO SELECTIVE PROCESS

Art. 4o The regulation of the selective process of civil society entities, in accordance with the inciso II of the art. 3o, will be drawn up by the CNCD and disseminated via public edition in until ninety days before the end of the term in force at the time, observed the provisions of the internal regiment.

Single Paragraph. The provisions of the caput do not apply to the first composition of the CNCD, whose representatives of civil society will be nominated by entities selected by the Chief Minister of the Chief Minister of Human Rights of the Presidency of the Republic.

CHAPTER IV

DA Ence

Art. 5o The chairmanship and vice chairmanship of the CNCD, elected annually, will be alternating between the representations of Public Power and civil society.

Single Paragraph.In the first term, the Chair shall be exercised by the representative of the Power Public and the vice-chairmanship, by the representative of civil society.

Art. 6o They are attributions of the CNCD President:

I-convene and chair the meetings of the collegiate ;

II-ask for the elaboration of studies, information, technical documents and positioning on themes affectional to the Council ; and

III-firming the minutes of the meetings and issuing the respective resolutions.

CHAPTER V

DO HEALTH

Art. 7o The CNCD will formalize its deliberations by means of resolutions, the advertising of which should be guaranteed by the Office of Human Rights of the Presidency of the Republic.

Art. 8o CNCD meetings will only be held with a minimum quorum of sixteen voting members.

§ 1o CNCD's decisions will be taken by a majority of the votes of the gifts, ressaved the willing at art. 12.

§ 2o The internal regiment may require a differential quorum for deliberation of certain subjects, provided that the minimum quorum provided for in § 1theis observed.

§ 3o In the event of a tie, the CNCD President will have the quality vote.

Art. 9o The CNCD will be able to decide by the institution of technical chambers and working groups intended for the study and drafting of proposals on specific topics, by means of act predicting their objectives, composition and deadline for completion of the work.

Single Paragraph. You will be able to be invited to participate in the technical chambers and working groups representatives of public and private bodies and entities.

Art. 10. The Office for Human Rights of the Presidency of the Republic shall provide the technical and administrative support necessary for the implementation of the proceedings of the CNCD and the technical chambers and working groups eventually instituted.

Art. 11. For the fulfillment of its functions, the CNCD will count on budgetary and financial resources earmarked in the budget of the Office of Human Rights of the Presidency of the Republic.

Art. 12. The CNCD will approve its internal regiment, with a vote of at least two-thirds of the totality of the voting Councillors, at a meeting specially convened for this purpose, available on the other provisions necessary for their operation.

Single Paragraph. The Office for Human Rights of the Presidency of the Republic will expedite, by means of portry, interim internal regiment that will apply until the approval of internal regiment by the CNCD, in the manner provided for in the caput.

Art. 13. This Decree shall enter into force on the date of its publication.

Art. 14. It is revoked the Decree no 5,397, of March 22, 2005.

Brasilia, December 9, 2010 ; 189o of Independence and 122the of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo de Tarso Vannuchi