LEI No. 12,847, DE August 2, 2013

Institution the National Prevention and Combat Prevention System ; it creates the National Committee on Prevention and Combating Torture and the National Mechanism for Prevention and Combat to Torture ; and gives other arrangements.

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

CHAPTER I

OF THE NATIONAL SYSTEM OF PREVENTION AND COMBATING

TORTURE-SNPCT

Art. 1º It is instituted the National System of Prevention and Combating Torture-SNPCT, with the aim of strengthening the prevention and combating of torture, by articulation and cooperative acting of its members, among other forms, allowing exchanges to of information and the exchange of best practices.

Art. 2º SNPCT will be integrated by public and private bodies and entities with legal or statutory assignments to carry out monitoring, supervision and control of establishments and units where they find private persons of freedom, or of to promote the defence of the rights and interests of these persons.

§ 1º SNPCT will be comprised of the National Committee on Prevention and Combat to Torture-CNPCT, by the National Mechanism for Prevention and Combat to Torture-MNPCT, by the National Council on Criminal and Penitential Policy-CNCFP and the body of the Ministry of Justice in charge of the national penitentiary system.

§ 2º The SNPCT can be integrated, still, by the following organs and entities, among others:

I-committees and state and district mechanisms for prevention and combating torture ;

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

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

IV-organs of the public prosecutor 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 ;

V-public defensories ;

VI-community councils and state and district penitentiary councils ;

VII-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 ;

VIII-state, municipal and human rights counsel ;

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

X-non-governmental organizations that admittedly act in the fight against torture.

§ 3º The Executive Power Act will have over the functioning of the SNPCT.

Art. 3º For the purposes of this Act, you shall consider:

I-torture: the criminal types provided for in Law No. 9,455 of April 7, 1997, respected the definition set out in Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Penas, promulgated by the Decree No. 40 of February 15, 1991 ; and

II-private persons of freedom: those obliged, by warrant or order of judicial authority, or administrative or police officer, to remain in certain public or private places, of which they are unable to leave independently of their will, covering long-stay internation sites, detention centers, criminal establishments, psychiatric hospitals, custodial houses, socio-educational institutions for adolescents in conflict with law and detention centers disciplinary in military scope, as well as in the facilities held by the bodies elated in art. 61 of Law No. 7,210 of July 11, 1984.

Art. 4º Are principles of SNPCT:

I-protecting the dignity of the human person ;

II-universality ;

III-objectivity ;

IV-equality ;

V-impartiality ;

VI-not selectivity ; and

VII-not discrimination.

Art. 5º Are SNPCT guidelines:

I-full respect for human rights, in particular the rights of private persons of freedom ;

II-articulation with the other spheres of government and power and with the bodies responsible for public safety, for the custody of private persons of freedom, for long-stay internation sites and for the protection of rights humans ; and

III-adoption of the necessary measures, within the framework of their competencies, for the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment.

CHAPTER II

DO NATIONAL COMMITTEE ON PREVENTION AND COMBATING

TORTURE-CNPCT

Art. 6º It is instituted within the framework of the Office of Human Rights of the Presidency of the Republic the National Committee on Prevention and Combating Torture-CNPCT, with the function of preventing and combating torture and other cruel, inhuman or punishment treatments or punishment degrading, upon the exercise of the following assignments, among others:

I-monitor, evaluate and propose enhancements to actions, programs, projects and plans for prevention and combating torture and other cruel, inhuman or degrading treatment or punishment developed within national scope ;

II-follow up, evaluate and collaborate for the enhancement of the performance of national, state, district, and municipal bodies whose function is related to their purposes ;

III-monitor the procedure of administrative and judicial ascertaining procedures with a view to their compliance and speed ;

IV-monitor the springboard of normative proposals ;

V-evaluate and monitor the cooperation projects established between the Brazilian Government and international bodies ;

VI-recommending the elaboration of studies and research and encouraging the realization of campaigns ;

VII-support the creation of similar committees or committees in the state and district sphere for the monitoring and evaluation of local actions ;

VIII-articulating with local, regional, national and international organizations and bodies, in particular within the framework of the Inter-American System and the United Nations ;

IX-participate in the implementation of the recommendations of the MNPCT and with it engage in dialogue on possible implementation measures ;

X-subsidizing the MNPCT with data and information ;

XI-build and maintain database, with information on the performance of governmental and non-governmental bodies ;

XII-build and maintain enrollment of allegations, criminal denunciations and court rulings ;

XIII-diffuse the good practices and the exitous experiences of organs and entities ;

XIV-draw up annual report of activities, in form and within the time frame laid out in its internal regiment ;

XV-provide information regarding the number, treatment and conditions of detention of private persons of freedom ; and

XVI-elaborate and approve your internal regiment.

Art. 7º The CNPCT will consist of 23 (twenty-three) members, chosen and appointed by the President of the Republic, being 11 (eleven) representatives of federal Executive Power bodies and 12 (twelve) of professional class councils and of organizations of the civil society, such as representative entities of workers, students, entrepreneurs, educational and research institutions, human rights movements and others whose acting is related to the subject matter of this Act.

§ 1º The CNPCT will be chaired by the Chief Minister of the Office of the Office of Human Rights of the Presidency of the Republic.

§ 2º The Vice President shall be elected by the other members of the CNPCT and shall exercise fixed term of office of 1 (one) year, ensuring alternation between the representatives of the federal Executive Power and the representatives of class councils professionals and civil society organisations in the form of the regulation.

§ 3º There will be 1 (one) supplier for each titular member of the CNPCT.

§ 4º Representatives of the Public Prosecutor's Office, Judicial Power, Public Defensoria and other public institutions will participate in the CNPCT in the condition of guests in permanent character, with a right to voice.

§ 5º Poor participation in CNPCT meetings, at the invitation of its President, and as observers, experts and representatives of public or private institutions who exercise relevant activities in the face of the torture.

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

§ 7º The Executive Power Act will have on the composition and operation of the CNPCT.

§ 8º For the composition of the CNPCT-National Committee on Prevention and Combat to Torture, prior public consultation will be ensured for the choice of class and civil society members, observed representativeness and diversity of representation.

CHAPTER III

OF THE NATIONAL MECHANISM OF PREVENTION AND COMBAT

TO TORTURE-MNPCT

Art. 8º The National Mechanism for Prevention and Combating Torture-MNPCT, an integral organ of the structure of the Office of Human Rights of the Presidency of the Republic, responsible for the prevention and combating of torture and other treatments or feathers cruel, inhuman or degrading, under Article 3 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 of April 19, 2007.

§ 1º The MNPCT will consist of 11 (eleven) experts, chosen by the CNPCT among people with notorious knowledge and upper level training, acting and experience in the area of prevention and combating torture and other treatments or feathers cruel, inhuman or degrading, and appointed by the President of the Republic, for a fixed term of 3 (three) years, allowed a reconduct.

§ 2º MNPCT members will have independence in their performance and guarantee of their mandate, of which they will not be impeached other than by the President of the Republic in the cases of criminal conviction carried on trial, or disciplinary proceedings, in compliance with the Laws 8,112, December 11, 1990, and 8,429, of June 2, 1992.

§ 3º The cautionary departure of MNPCT member may be determined by reasoned decision of the CNPCT, in the case of a finding of evidence of materiality and authorship of crime or of serious violation to functional duty, which will end-end until the completion of the disciplinary procedure in which it treats § 2º.

§ 4º You will not be able to compose the MNPCT, in the condition of experts, those who:

I-exercise executive positions in partisan assaults ;

II-do not have the conditions to perform with impartiality in the exercise of MNPCT competencies.

§ 5º States will be able to create the State Mechanism for Prevention and Combat to Torture-MEPCT, the body responsible for preventing and combating torture and other cruel, inhuman or degrading treatment or punishment, within the state framework.

§ 6º The periodic visit to which refers to the inciso I of the caput and § 2º, both of the art. 9º, it should be carried out in conjunction with the State Mechanism, which will be advised in advance of 24 (twenty four) hours.

§ 7º The non-existence, refusal or impossibility of the State Mechanism to accompany the periodic visit in the marked day and time does not prevent the MNPCT's performance.

Art. 9º Competes to MNPCT:

I-plan, carry out and monitor periodic and regular visits to private persons of freedom in all Federation units, to verify the conditions of fact and of the right to which they are subjected ;

II-articulate with the United Nations Prevention Subcommittee, provided for in Article 2 of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Degrading Treatment or Defects, promulgated by Decree No. 6,085 of April 19, 2007, in order to provide support for their missions on the national territory, with the aim of unifying the strategies and policies of preventing torture and other cruel, inhuman or otherwise humane treatment and practices degrading ;

III-require the competent authority to instal criminal and administrative procedure upon finding evidence of the practice of torture and other cruel, inhuman or degrading treatment and practices ;

IV-draw up detailed report of each visit carried out pursuant to the inciso I and, within the maximum period of 30 (thirty) days, present it to the CNPCT, the Attorney General of the Republic and the authorities responsible for detention and other competent authorities ;

V-draw up, annually, detailed and systematised report on the set of visits undertaken and recommendations formulated, communicating to the immediate leader of the establishment or the unit visited and the maximum leader of the the institution or institution to which the establishment or unit visited of any of the federal employees, or the particular responsible, of the entire content of the report produced, is bound, in order to be able to remedy the identified problems and the enhanced system ;

VI-make recommendations and observations to public or private authorities, responsible for persons in places of deprivation of freedom, with a view to ensuring the observance of the rights of these persons ;

VII-publish the reports of periodic and regular visits carried out and the annual report and promote the diffusion of them ;

VIII-suggest proposals and observations regarding existing legislation ; and

IX-elaborate and approve your internal regiment.

§ 1º The MNPCT acting shall give itself without prejudice to the powers conferred on the other bodies and entities exercising similar functions.

§ 2º In the visits provided for in the inciso I of the caput, the MNPCT may be represented by all its members or by smaller groups and may invite representatives of civil society entities, experts and experts with acting in related areas.

§ 3º The selection of projects using resources from the National Penitentiary Fund, the National Public Safety Fund, the National Fund of Yemen and the National Fund for the Child and the Adolescent should take into account the recommendations formulated by MNPCT.

§ 4º The Federal Police Department and the Federal Highway Police Department will provide the necessary support for the MNPCT's performance.

Art. 10. They are assured of the MNPCT and its members:

I-the autonomy of the positions and opinions adopted in the exercise of their duties ;

II-access, regardless of authorization, to all information and records relating to the number, identity, conditions of detention and treatment conferred on the private persons of freedom ;

III-access to the number of detention units or execution of deprivative penalty of freedom and the respective lotion and location of each ;

IV-the access to all the locals arched in the inciso II of the art caput. 3º, public and private, deprivation of freedom and all premises and equipment of the site ;

V-the possibility of interviewing private persons of freedom or any other person who can provide relevant information, privately and without witnesses, at location that ensures the necessary security and secrecy ;

VI-the choice of venues to be visited and of the people to be interviewed, with the possibility, inclusive, of making records through the use of audiovisual resources, respected the intimacy of the people involved ; and

VII-the possibility of applying for official perks, in line with international standards and guidelines and with art. 159 of Decree-Law No. 3,689 of October 3, 1941-Code of Criminal Procedure.

§ 1º The information obtained by the MNPCT shall be public, noted the provisions of Law No. 12,527 of November 18, 2011.

§ 2º MNPCT should protect the personal information of private persons of freedom, so as to preserve their safety, intimacy, private life, honour or image, and are vetoed the publication of any personal data without their express consent.

§ 3º The documents and reports drawn up in connection with the visits undertaken by the MNPCT pursuant to the inciso I of the art caput. 9º will be able to produce evidence in legal proceedings in accordance with current legislation.

§ 4º It shall not harm person, organ or entity for having provided information to the MNPCT, as well as shall not allow any public servant or authority to tolerate or order them, apply or permit sanction relating to such fact.

Art. 11. The MNPCT will work in an articulated manner with the other bodies that make up the SNPCT and, annually, will account for the activities carried out to the CNPCT.

CHAPTER IV

FINAL AND TRANSITIONAL PROVISIONS

Art. 12. The Office for Human Rights of the Presidency of the Republic shall ensure the technical, financial and administrative support necessary for the operation of the SNPCT, CNPCT and MNPCT, in particular for the conduct of the periodic and regular visits provided for in the inciso I from the art caput. 9º on the part of MNPCT, in all units of the Federation.

Art. 13. The Office for Human Rights of the Presidency of the Republic will foster the creation of preventative mechanisms for combating torture within the states or the Federal District, in line with 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 of April 19, 2007.

Art. 14. The first members of the MNPCT will comply with differentiated mandates, on the following terms:

I-3 (three) experts will be appointed to serve term of 2 (two) years ;

II-4 (four) experts will be appointed to serve term of 3 (three) years ; and

III-4 (four) experts will be appointed to serve term of 4 (four) years.

Single Paragraph. In subsequent mandates the provisions of § 1º of the art shall be applied. 8º.

Art. 15. This Act shall enter into force on the date of its publication.

Brasilia, August 2, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Maria of the Rosary Nunes