DECREE NO 5,856, DE July 19, 2006.
Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the Republic of Bolivia for Restitution of Automotive Vehicles Stolen or Furited, celebrated in Brasília, on April 28, 2003.
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 Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia celebrated in Brasilia, on April 28, 2003, an Agreement for Restitution of Automotive Vehicles Stolen or Furited ;
Considering that the National Congress has approved this Agreement through Legislative Decree no 49, of April 17, 2006 ;
Whereas the Agreement entered into international vigor on June 14, 2006, pursuant to the paragraph 1 of its Article XI ;
Art. 1st The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia for Restitution Of Stolen Or Furted Automotive Vehicles, concluded in Brasilia, on April 28, 2003, apse by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.
Art. 3rd This Decree goes into effect on the date of its publication.
Brasilia, July 19, 2006 ; 185th of the Independence and 118th of the Republic.
LUIZ INACIO LULA DA SILVA
Samuel Pinheiro Guimarães Neto
This text does not replace the published in the D.O.U. of 7/20/2006
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA TO RESTITUTION OF STOLEN OR FURTED AUTOMOTIVE VEHICLES
The Government of the Federative Republic of Brazil
The Government of the Republic of Bolivia
(henceforth named?Contracting Parties?),
Considering the need to carry out coordinated efforts regarding traffic repression illegal of automotive vehicles,
Wake up the following:
A) Initial provisions
1. As a result of this Agreement, it shall be established that the terrestrial motor vehicle originating in or proceeding from one of the Contracting Parties which has entered the territory of the other Contracting Party, unaccompanied by the respective documentation property and origin comprobatory, or that present indications of irregularities at your entry into the country, will be seized and delivered within 2 (two) working days in the custody of the local customs authority.
2. For the purposes of the preceding paragraph, the seizure of motor vehicle originating in or proceeding from one of the Contracting Parties shall be made:
a) as a judicial order consequence required by the owner of the same, sub-rogado or his / her representative ;
b) of the traffic control action carried out by the police or customs authorities of the other Party Contractor ;
c) on formal request from the consular authority of the country from where the same has been stolen or furted.
B) Return by Via Judicial
1. Any physical or legal person who wishes to claim the return of an automotive vehicle of his property, which has been stolen or furlished, shall formulate the application to the judicial authority of the territory in which the same is found, and may do so directly, by its representative, sub-rogado, authorized prosecutor or through the competent authorities of the Contracting Party that it is national or in which it has its domicile. The complaint is to be formulated within the time limit of 20 (twenty) months after the complaint is made, before the police authority of where the fact has occurred, deadline this during which the automotive vehicle cannot be disposed of. You have won the mentioned deadline, prescribe your right to do so, in accordance with that set out in this Agreement.
2. The return application will be formalized upon the documentation below described, with the respective consular legalization of the required country:
a) original document owned by the automotive vehicle or copy of the same officially authenticated ;
b) certifier of police occurrence of the theft or theft of the automotive vehicle in the country of origin ;
c) in the case of insurance companies, certificate of discharge or assignment of rights of the owner, should, ademal, deposit in judgment, as a procedural guarantee, the equivalent in the currency of the country to 500 (five hundred) US dollars from the United States. If the appellant lacks economic means to make such a deposit, the Consulate of the requesting country will expedite a declaration of insufficiency of resources in order to follow up the devolution process through the Public Defensoria, in the Republic Federative of Brazil, and the Public Ministry, in the Republic of Bolivia.
3. The claimant will ask personally or by the prosecutor, or through the consular authority of the country of which he is a national, or in which he has his domicile, to the judicial authority of the territory in which the automotive vehicle is found, his search and apprehension, based on the submitted documentation ; and will identify, when you can, the person who holds it, providing name and address.
4. Received the request, the judge will order the seizure of the automotive vehicle and its delivery within the 2 deadline (two) working days in the custody of the local customs authority. The automotive vehicle deposit will be made upon inventory and in no case can the same be delivered to either of the litigants, either to a third party or an institution, in character of trustee. The depot of the automotive vehicle will be made upon receipt from which the characteristics, accessories and general state of the vehicle will be counted.
5. Once apprehended the automotive vehicle, the intervening judge will notify of that seizure, within the time limit of 2 (two) working days, the consular authority of the country of provenance of the automotive vehicle and the person in demand for the latter, within the time limit impassable 3 (three) working days, present the original documents that attest to your right on the automotive vehicle and its legal ticket in the country.
6. The judge will ask the customs authority, to reply within the impassable deadline of 10 (ten) working days, without affecting the course of the process, by providing information on the car vehicle's admission conditions in the country.
The judge will ask the Registration of Automobs for registration certificate of the same, requirement that will attest to your legal record in the name of the holder or owner.
7. Due to the deadline for dealing with the fifth paragraph of this article, the proceedings shall take summary form and the judge shall order, by sentencing, the immediate delivery of the automotive vehicle to whom it is entitled, without other procedures or expended.
The relevant authorities of the Contracting Parties shall establish mechanisms for the fixing of fees preferred by the auto guard of the automotive vehicle.
8. The present automotive vehicle recovery procedure will be given the strictest speed, in accordance with the current legislation in force of the Contracting Party in which it is found in trammite the same. No other type of defence shall be admitted beyond those set forth in this Agreement, nor dilatory practices. It should the judge, in all cases, to remedy the procedural defects in the best possible manner, for the benefit of those concerned, and the procedures for stepping up the proceedings will have to be completed within the maximum period of 60 (sixty) working days.
9. When signing the sentence in favour of the application, the judge shall order the return of the automotive vehicle to the owner, sub-rogado or his representative, with the mandatory dispatch of an official communication to the respective consular authority or the customs authority of the Contracting Party that he is national or in which he has his domicile, which shall ensure the exit of the automotive vehicle from the territory of the requested country. The delivery of the automotive vehicle shall be made with the participation of a customs official up to the border designated by the customs authority of the requested country, where the customs authority of the requesting country will receive it and expedite the internation act of the even on its territory.
10. If the sentence does not favor the request, the judge shall order the relevant measures, as per national laws, and the Contracting Parties shall recognize the right of property resulting from the application of them.
C) Devoluction by Administrative Way
1. The return by administrative route will occur when the theft or theft of an automotive vehicle is denounced immediately and the applicant will present the correct data of the automotive vehicle and its illegal holder, up to 30 (thirty) working days of the occurrence of the theft or theft.
2. The competent police and / or customs authorities of any of the Contracting Parties shall undertake the seizure of the terrestrial motor vehicle that is claimed. The mentioned vehicle shall be immediately handed over to the customs authority of the territory in which it was located, upon the essay of an act of delivery and inventory, which shall confer the characteristics, accessories and the state of the same.
3. Received the automotive vehicle, the customs authority will immediately determine the opening of an administrative inquiry and will communicate to the consular authority of the other Contracting Party, which in turn will notify the alleged owner of the vehicle automotive of its seizure in the territory of one of the Contracting Parties, instructing you on the procedure for your recovery, within the time frame of 20 (twenty) working days. In addition, the customs authority shall subpoena the holder of the impounded automotive vehicle so that, within the imposition of 3 (three) working days, it shall submit the original documents attesting to the legal situation of the automotive vehicle. If you do not submit them within the prescribed period, the direct route of delivery will occur as per the procedures set out in this Agreement.
4. The owner or sub-rogado, his representative, the authorized prosecutor or the Consular Authority of the Contracting Party that is national or where he has his domicile will present the relevant documentation within 40 (forty) working days, counted as from the date of notification to the respective consular authority.
Received the documentation and if the customs authority considers it sufficient, it will be done, within the period of 5 (five) working days, the delivery of the automotive vehicle to the owner, the sub-rogado or its representative, directly or through the consular authorities, customs or police officers of the Contracting Party of which it is national or where it has your domicile.
5. In cases where it is unknown the owner of the impounded automotive vehicle, the customs authority will make the publication, for 5 (five) times in 10 (ten) days, in a daily newspaper of large circulation of the country, of editals so that the interested exercise their rights within 10 (ten) working days counted as of the date of the last publication. In these notices, all the identifying characteristics of the vehicle, such as brand, model, color, motor and chassis numbers, etc. will be consigned.
D) Vehicle Delivery
1. When it is the owner, the owner will receive the automotive vehicle directly from the customs authority, in the establishment where he / she is in custody the said vehicle, accompanied by the respective certificate.
2. When it comes to the sub-rogado, representative or holder, the automotive vehicle, for its delivery, will be transfer and compulsorily accompanied by a customs official up to the border designated by the requested country's customs authority, where the customs authority of the requesting country will receive it and expedition the minutes of its internation on its territory. The minutes will be filed as the last procedure of the respective inquiry.
Should no interested party present themselves to exercise their right, within the time limit set out in this Agreement, the competent authorities shall adopt the relevant measures, as per national laws, and the Contracting Parties shall recognize the right of property resulting from the application of them.
Should any act or decision of administrative authority be submitted to the judicial authority competent, the process shall be governed by the standards provided for in this Agreement.
The first instance decision will be appeal within the untenable time frame of 3 (three) working days, should raise the autos to the upper instance, without further trim, so that in this one decides, in final, within the 5 (five) working days deadline.
1. Where there is an indication of tampering with the numbers or replacement of the identifier components of an automotive vehicle, the judge should apply for the expert contest, without prejudice to the faculty of those interested to propose, equally, their their respective experts, who should be empowered by the manufacturer or representative of the brand of the automotive object of the expertise, which is to be carried out in the presence of a person expressly designated by the consular authority of the country that the interested be national or in which you have your domicile. In no case can the automotive vehicle leave the customs deposit to be the object of expertise. In all cases, the experts will expedition their respective reports within the time limit of 3 (three) working days.
2. Such reports should be based on the identification data provided by the manufacturer of the automotive vehicle, submitted to the judge, legalized by the Consulate of the country of origin of the said vehicle, which will request the manufacturer or the representative of the mark, within the maximum period of 30 (thirty) working days, which confirm whether the submitted reports are in compliance with the standards set technically by the company.
G) Nice time
1. It is established that all the time limits provided for in this Agreement are considered to be procedural deadlines of a judicial character.
2. For the time limits not provided for in this Agreement, they shall, in all cases, govern the most brief of the legislation of the Contracting Party in which the proceedings are to be made.
H) Final provisions
Every judicial or administrative measure on theft or theft of motor vehicles originating in or from the territory of one of the Contracting Parties and located in that of the other, in progress or to be promoted as of the date of validity of this Agreement, shall be governed by these provisions.
1. This Agreement shall enter into force on the date on which both Contracting Parties notify each other, by diplomatic track, of the fulfilment of the requirements required by their current national legislation.
2. Either Contracting Party may denounce it, at any time by written notification, directed to the other, by the diplomatic track, with 6 (six) months in advance.
Done in Brasília, on April 28, 2003, in two original copies, in the Portuguese languages and Spanish, being both equally authentic.
BY THE GOVERNMENT OF THE REPUBLIC
FEDERATIVE OF BRAZIL
Minister of Foreign Affairs
BY THE GOVERNMENT OF THE REPUBLIC
CARLOS SAAVEDRA BRUNO
Minister of Foreign Affairs