Key Benefits:
DECREE NO 6,679, DE December 8, 2008.
Promulga the Agreement on the Benefit of Free Justice and the Free Legal Assistance between the States Parties of the MERCOSUR, the Republic of Bolivia and the Republic of Chile, signed in Florianópolis, on December 15, 2000.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and
Considering that the National Congress has approved, by means of Legislative Decree no 292, of July 12, 2006, the Agreement on the Benefit of Free Justice and Free Legal Assistance between States Parties to the MERCOSUR, the Republic of Bolivia and the Republic of Chile, signed in Florianópolis, on December 15, 2000 ;
Considering that the Agreement entered into international vigor on August 30, 2007 ;
DECRETA:
Art. 1o The Agreement on the Benefit of Free Justice and Legal Aid Free of charge between the States Parties to the MERCOSUR, the Republic of Bolivia and the Republic of Chile, signed in Florianópolis, on December 15, 2000, apse by copy to this Decree, will be executed and fulfilled as entirely as it contains.
Art. 2o They are subject to approval by the National Congress any acts that may result in revision of the said Agreement or which carries charges or commitments to the national heritage, in accordance with the art. 49, inciso I, of the Constitution.
Art. 3o This Decree goes into effect on the date of its publication.
Brasilia, December 8, 2008 ; 187th of the Independence and 120 of the Republic.
LUIZ INACIO LULA DA SILVA
Samuel Pinheiro Guimarães Neto
AGREEMENT ON THE BENEFIT OF FREE JUSTICE AND ASSISTANCE
Free legal between the states Parties of Mercosur, the republic of Bolivia and the republic of Chile
The Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Republi Eastern of Uruguay, States Parties to the MERCOSUR, the Republic of Bolivia, and the Republic of Chile, Associated States of MERCOSUR, all henceforth called "States Parties", for the purposes of this Agreement,
VISTA the Treaty of Assumption and the Black Gold Protocol ;
CONSIDERING the Agreement on Economic Supplementation Paragraph 36, the Economic Supplementation Agreement No. 35 and the Common Market Council Decisions No. 14/96 "Participation of Third Countries Associated in Meetings of MERCOSUR" and No. 12/97 "Participation of Chile in MERCOSUR meetings" ;
REAFFIRMING the desire of the States Parties to MERCOSUR, the Republic of Bolivia and the Republic of Chile, to agree common legal solutions with the aim of strengthening the integration process ;
HIGHLIGHTING the importance they attach to the most needy ;
EXPRESSING the willingness to bring together and systematize the standards that exist in the region on the benefit of the free justice and free legal assistance in a single body of norms ;
EMPHASIZING the fundamental importance of establishing mechanisms that allow for effective access to justice ;
MOTIVDATA by the will to promote and intensify jurisdictional cooperation ;
-The provisions of the American Convention on Human Rights,
WAKE up:
EGALITARIAN TREATMENT
Article 1º
The usual nationals, citizens and residents of each of the States Parties shall enjoy, in the territory of the other States Parties, on equal terms, of the benefits of free justice and free legal assistance granted to their nationals, citizens and habitual residents.
INTERNATIONAL JURISDICTION TO APPRECIATE
THE REQUEST FOR THE BENEFIT OF FREE JUSTICE
Article 2º
It will be competent to grant the benefit of free justice the authority of the State Party that has jurisdiction to know of the process in which you are requested.
The competent authority may apply, in accordance with the circumstances of the case, to the cooperation of the authorities of the other States Parties as set out in Article 12 of this Agreement.
LAW APPLICABLE TO THE REQUEST
Article 3º
The procedural opportunity to submit the application for the benefit of free justice, the facts where it is based, the evidence, the character of the resolution, the counsel and the defence of the beneficiary and other procedural matters shall be governed by the right of the State Party which has jurisdiction to grant the benefit.
The revocation of the benefit of free justice, if it is necessary, shall be governed by the law of the State Part that has jurisdiction to grant it.
EXTRATERRITORIALITY OF BENEFIT
OF FREE JUSTICE
Article 4º
The benefit of free justice granted in the State Party applicant in a process where they are requested interim measures, reception of evidence abroad and other cooperation measures tramway through letters rogatory, will be recognized in the requested State Party.
Article 5º
The benefit of free justice granted in the State Party of origin of the sentence will be maintained in that of your presentation for your recognition or
Article 6º
The States Parties, depending on the circumstances of the case, shall adopt the measures that are necessary to get the free of the minor's restitution procedures as per your domestic law. They will inform people legitimately interested in the restitution of the minor of the existence of public defensories, of the benefits of free justice and free legal assistance to which they may be entitled, as per the laws and regulations of the States Respective parts.
Article 7º
The benefit of free justice granted to the food creditor in the State Party where it has been helped the respective action, will be recognized by the State Party where if it makes effective the recognition or execution.
Article 8º
If the judge of the State Party provides the cooperation provided for in Articles 4º, 5º, 6º and 7º, he / she has the certain that the circumstances that allowed the granting of the benefit of free justice have changed substantially, should inform the judge who granted it.
Article 9º
The States Parties undertake to give free legal assistance to people who enjoy the benefit of free justice, on equal terms with their nationals or citizens.
INTERNATIONAL COOPERATION
Article 10
The international cooperation on the benefit of free justice and legal assistance free to tramway as set out in the Conventions and standards in force between the States Parties.
Article 11
The letters rogatory and the documents accompanying them, among which the document that proves to concession of the benefit of free justice, should be written in the language of the requesting authority and be accompanied by a translation into the language of the requested authority. Translation spending will not be cost-cost by the requested State Party.
Article 12
The competent authority for the granting of the benefit of free justice may request information on the economic situation of the applicant by addressing the authorities of the other States Contracting Parties by means of the Central Authority, to be designated at the time of ratification, or by diplomatic or consular route. When dealing with information in border areas, the authorities will be able, as per the circumstances, to direct them in a direct manner and without need for legalization
The authority charged with the recognition of the benefit of free justice will keep, within its assignments, the right to verify the sufficiency of the certificates, statements and information provided to you and to request supplementary information to document.
EXPENSES AND COSTS
Article 13
All the procedures and documents relating to the granting of the benefit of free justice and of the free legal assistance will be exempt from all manner of expenses.
Article 14
Are waived from the payment of court costs and other procedural expenses the measures required within the framework of international jurisdictional cooperation, by persons who have obtained the benefit of free justice and free legal aid in one of the States Parties, in civil, commercial, labour, and, where appropriate, in judicial matters-administrative.
Article 15
The State Party that grants the benefit of free justice and free legal assistance in compliance with this Agreement shall not be entitled to demand any reimbursement to the State Party of the beneficiary.
FINAL PROVISIONS
Article 16
The present Agreement shall enter into force thirty (30) days after the deposit of the instruments of ratification of at least one State Party of MERCOSUR and at least one Associate State of MERCOSUR.
For the other States Parties, it will enter into force on the thirtieth day after the deposit of its respective ratification instrument.
Article 17
The Government of the Republic of Paraguay shall be the depositary of this Agreement and of the instruments of ratification and will send duly authenticated copies of them to the Governments of the other States Parties.
The Government of the Republic of Paraguay shall notify the Governments of the other States Parties of the date of entry into force of this Agreement and of the date of deposit of the instruments of ratification.
Made in the city of Florianópolis, on December 15, 2000, in an original exemplar, in the languages Portuguese and Spanish, being both equally authentic texts.
By the Government of Republic
Argentina:
ADALBERTO RODRIGUEZ GIAVARINI
By the Government of Republic
Federative of Brazil:
LUIZ FELIPE LAMPREIA
By the Government of Republic
from Paraguay:
JUAN ESTEBAN AGUIRRE
By the Government of Republic
from Bolivia:
JAVIER MURILLO
By the Government of Republic
from Chile:
MARIA SOLEDAD ALVEAR
VALENZUELA
By the Government of Republic
Oriental of Uruguay:
DIDIER OPERTTI