Complementary Law No. 117, Of 2 September 2004

Original Language Title: Lei Complementar nº 117, de 2 de Setembro de 2004

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SUPPLEMENTARY LAW NO. 117, OF September 2, 2004

Changes to the Supplementary Act No. 97 of June 9, 1999, which provides on the general standards for organization, the prepares and employment of the Armed Forces, to establish new subsidiary assignments.

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

Art. 1º The arts. 13, 15, 16, 17 and 18 of the Supplemental Act No. 97 of June 9, 1999, go on to invigorate with the following essay:

" Art. 13. ..................................................................................

§ 1º The preparedness comprises, among others, the permanent activities of planning, organization and articulation, instruction and adestration, development of doctrine and specific research, intelligence and structuring of the Armed Forces, of their logistics and mobilization.

§ 2º In the preparer of the Armed Forces for the fulfillment of their constitutional destination, they may be planned and carried out operational exercises in public areas, suitable to the nature of the operations, or in private areas ceded to that end.

§ 3º The planning and execution of the operational exercises might be carried out with the cooperation of public security bodies and public bodies with related interests. " (NR)

" Art. 15. ..................................................................................

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§ 3º Considerate depleted the related instruments in art. 144 of the Federal Constitution when, at a certain point in time, they are formally recognized by the respective Head of the Federal or State Executive Power as unavailable, non-existor or insufficient to the regular performance of their mission constitutional.

§ 4º In the employment hypothesis under the conditions laid down in § 3rd of this article, after message from the President of the Republic, the operational bodies of the Armed Forces will be activated, which will develop, in an episodic manner, in area previously established and by limited time, the actions of preventive and repressive character necessary to ensure the outcome of the operations in the guarantee of law and order.

§ 5º Determined the employment of the Armed Forces in the guarantee of law and order, it will be up to the competent authority, upon formal act, to transfer the operational control of the public security organs necessary to the development of the shares to the authority entrusted with the operations, to which it is to constitute a centre for coordination of operations, composed of representatives of the public bodies under its operational control or with related interests.

§ 6º It is considered operational control, for the purposes of applying this Law Supplementary, the power conferred on the authority entrusted with the operations, to assign and coordinate specific missions or tasks to be performed by effectors of the public security organs, obeyed their constitutional powers or legal.

§ 7º The employment and prepares of the Armed Forces in the guarantee of law and order are considered military activity for the purposes of application of art. 9º, inciso II, (c) of the Decree-Law No. 1,001 of October 21, 1969-Military Penal Code. " (NR)

" Art. 16. ..................................................................................

Single paragraph. For the purposes of this article, it integrates the said general character actions into participation in institutional campaigns of public utility or social interest. " (NR)

" Art. 17 ..................................................................................

..............................................................................................

V? cooperate with the federal bodies, when it is made necessary, in the crackdown on national or international repercussion offences, as to the use of the sea, inland waters and port areas, in the form of logistical, intelligence, communications support and of instruction. " (NR)

" Art. 18 ..................................................................................

..................................................................................

VI? cooperate with the federal bodies, when it is made necessary, in the crackdown on national and international repercussion offences, as to the use of airspace and airport areas, in the form of logistical, intelligence, communications and intelligence support instruction;

VII? acting, in a continuous and permanent manner, through the control actions of the Brazilian airspace, against all types of illicit air traffic, with an emphasis on those involved in the trafficking of drugs, weapons, ammunition and illegal passengers, acting on operation combined with competent surveillance bodies, to which the task of acting after the landing of the aircraft involved in illicit air traffic will be carried out.

.................................................................................. " (NR)

Art. 2º The Supplementary Law no 97, of June 9, 1999, passes the increased invigoration of the following arts. 17A and 18A:

" Art. 17A. It is up to the Army, in addition to other pertinent actions, such as private subsidiary assignments:

I? contribute to the formulation and conduct of national policies that concern the Terrestrial Military Power;

II? cooperate with federal, state and municipal public bodies and, exceptionally, with private companies, in the execution of engineering works and services, being the advent resources of the requesting body;

III? cooperate with federal bodies, when it is made necessary, in the crackdown on national and international repercussion offences, on the national territory, in the form of logistical, intelligence, communications and instruction support;

IV? acting, by means of preventive and repressive actions, in the land boundary strip, against cross-border and environmental offences, in isolation or in coordination with other bodies of the Executive Power, by performing, among others, the actions of:

a) patrolling;

b) magazine of people, of land vehicles, of vessels and of aircraft; and

c) arrests in flagrante delicto. "

" Art. 18A. (VETADO) "

Art. 3º This Supplementary Law comes into effect on the date of its publication.

Brasilia, September 2, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Márcio Thomaz Bastos

José Viegas Filho