DECREE NO. 6,105, OF April 30, 2007.

Promulga the Constitutive Protocol of the Mercosur Parliament, approved by the Decision No 23/05, of the Market Council Common, signed by the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, in Montevideo.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the Congress National approved the text of the Constitutive Protocol of the Mercosur Parliament by means of the Legislative Decree no 408 of September 12, 2006;

Considering that the Brazilian Government ratified the cited Protocol on November 23, 2006;

Considering that the Protocol entered into international force on February 24, 2007;

DECRETA:

Art. 1st The Constitutive Protocol of the Mercosur Parliament of December 9, 2005, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Protocol or that carries charges or commitments engraved to the national heritage, pursuant to art. 49, inciso I, of the Constitution.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, 30 of april 2007; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 5/2/2007

CONSTITUTIVE PROTOCOL OF THE PARLIAMENT OF MERCOSUR

THE ARGENTINE REPUBLIC, THE FEDERATIVE REPUBLIC OF BRAZIL, THE REPUBLIC OF PARAGUAY AND THE EASTERN REPUBLIC OF URUGUAY, henceforth States Parties;

HAVING IN VISTA the Treaty of Asuncion, of March 26, 1991 and the Black Gold Protocol, of December 17, 1994 that established the Joint Parliamentary Committee and the CMC Decision No 49/04,?Parliament of MERCOSUR.

REMEMBERING the Interinstitutional Agreement between the Market Council Common and the Joint Parliamentary Committee, signed on October 6, 2003.

CONSIDERING its firm political will to strengthen and deepen the process of integration of MERCOSUR, contemplating the interests of all States Parties and thereby contributing to the simultaneous development of the integration of the South American space.

CONVINCED that the reach of the common goals that have been defined by the states Parties, requires a balanced and effective institutional scope, that allows to create standards that are effective and that guarantee a legal and predictability environment in the development of the integration process, in order to promote the productive transformation, social equities, scientific and technological development, investments and job creation, in all States Parties for the benefit of their citizens.

AWARE that the installation of the MERCOSUR Parliament, with adequate representation of the interests of the citizens of the States Parties, will mean a contribution to the quality and institutional balance of MERCOSUR, creating a common space that reflects the pluralism and diversities of the region, and which contributes to democracy, the participation, representativeness, transparency and social legitimacy in the development of the integration process and its standards.

ATENTS to the importance of strengthening the institutional scope of cooperation inter-parliamentary, to advance the planned objectives of harmonisation of national laws in the relevant areas and to expedite the incorporation to the respective internal legal ordinances of the MERCOSUR normative, which requires approval legislative.

RECOGNIZING the valuable experience accrued by the Joint Parliamentary Committee since its creation.

REAFFIRMING the principles and objectives of the Ushuaia Protocol on Appointment Democratic in MERCOSUR, the Republic of Bolivia and the Republic of Chile, of July 24, 1998 and the Presidential Statement on Democratic Commitment in MERCOSUR, June 25, 1996.

AGREE:

Article 1

Constitution

Constituting the Parliament of MERCOSUR, henceforth the Parliament, as the representative body of its peoples, independent and autonomous, which will integrate the institutional structure of the MERCOSUR.

Parliament will replace the Joint Parliamentary Committee.

Parliament will be integrated by representatives elected by universal suffrage, direct and secret, as per the internal legislation of each State Party and the provisions of this Protocol.

Parliament will be a unicameral body and its principles, competencies and integration if govern in accordance with the provisions of this Protocol.

The effective installation of Parliament will be held until December 31, 2006.

The constitution of the Parliament shall be carried out through the steps laid down in the Provisions Transitional of this Protocol.

Article 2

Proposites

Are the purposes of Parliament:

1. Represent the peoples of MERCOSUR, respecting their ideological and political plurality.

2. Take on the promotion and permanent defence of democracy, freedom and peace.

3. Promoting the sustainable development of the region with social justice and respect for the cultural diversity of its populations.

4. Ensure participation of civil society actors in the process of integration.

5. To stimulate the formation of a collective consciousness of citizen and community values for integration.

6. Contribute to consolidate Latin American integration by deepening and broadening MERCOSUR.

7. To promote solidarity and regional and international cooperation.

Article 3

Principles

They are principles of Parliament:

1. Pluralism and tolerance as a guarantee of the diversity of political, social and cultural expressions of the peoples of the region.

2. The transparency of information and decisions to create trust and facilitate the participation of citizens.

3. The cooperation with the other bodies of MERCOSUR and with the regional amber of citizen representation.

4. The respect for human rights in all its expressions.

5. The repudiation to all forms of discrimination, especially those concerning gender, color, ethnicity, religion, nationality, age, and socio-economic condition.

6. The promotion of the cultural, institutional, and Latin American cooperation heritage in the integration processes.

7. The promotion of sustainable development in MERCOSUR and the special and differential tract for the countries of smaller economies and for the regions with a lesser degree of development.

8. Equities and justice in regional and international affairs, and the peaceful settlement of controversies.

Article 4

Competencies

Parliament will have the following competencies:

1. Ensure, within the framework of its competence, by the observance of the standards of MERCOSUR.

2. Ensure the preservation of the democratic regime in the States Parties in accordance with the standards of MERCOSUR, and in particular with the Ushuaia Protocol on Democratic Commitment in MERCOSUR, the Republic of Bolivia and the Republic of Chile.

3. To draw up and publish annually a report on the situation of human rights in the States Parties, taking into account the principles and standards of MERCOSUR.

4. Effecting requests for information or opinions in writing to the decision-making and advisory bodies of MERCOSUR set out in the Ouro Preto Protocol on issues linked to the development of the integration process. Requests for information should be answered within a maximum of 180 days.

5. Invite, through the Pro Tempore Presidency of the CMC, representatives of the MERCOSUR bodies, to inform and / or evaluate the development of the integration process, to interchange opinions and to address aspects related to the ongoing activities or subjects under consideration.

6. Receive, at the end of each semester the Pro Tempore Presidency of MERCOSUR, to submit a report on the activities carried out during said period.

7. Receive, at the beginning of each semester, the Pro Tempore Presidency of MERCOSUR, to present the agreed work programme, with the goals and priorities planned for the semester.

8. Holding semiannual meetings with the Economic-Social Advisory Venue in order to interchange information and opinions on the development of MERCOSUR.

9. Organizing public meetings, on issues linked to the development of the integration process, with civil society entities and the productive sectors.

10. Receive, examine and if it is the case referred to the decision-making bodies of any particular, whether physical or legal persons, of the States Parties, relating to acts or omissions of the organs of MERCOSUR.

11. Issue statements, recommendations and reports on issues linked to the development of the integration process, on its own initiative or by solicitation of other MERCOSUR bodies.

12. With the aim of speeding up the corresponding internal procedures for the entry into force of the standards in the States Parties, Parliament will draw up opinions on all MERCOSUR standards projects requiring legislative approval in one or several States Parties, within a period of ninety days (90) from the date of the consultation. Such projects should be forwarded to Parliament by the decision-making body of MERCOSUR, prior to its approval.

If the MERCOSUR standard project is approved by the decision-making body, according to the terms of the Parliament's opinion, the standard is to be sent by the national executive branch to its respective Parliament within the period of forty-five (45) days, counted from its approval.

In cases where the approved standard is not in accordance with the opinion of Parliament, or if the latter has not manifested itself within the period mentioned in the first paragraph of the present incisit the same shall follow the ordinary tramite of incorporation.

National Parliaments, according to the corresponding internal procedures, should adopt the necessary measures for the instrumentalization or creation of a preferential procedure for the consideration of the MERCOSUR standards that have been adopted in accordance with the terms of the Parliament opinion mentioned in the preceding paragraph.

The maximum duration of the procedure set out in the preceding paragraph, will not exceed one hundred eighty (180) days raced, counted from the ticket of the standard in the respective national parliament.

If within the time frame of this preferential procedure the Parliament of the State Party does not passing the standard, this should be resubsable to the Executive Power to refer it to the reconsideration of the corresponding body of MERCOSUR.

13. Propose MERCOSUR standards projects for consideration by the Common Market Council, which should inform semestrally about its treatment.

14. To draw up studies and bulkheads of national standards, oriented to the harmonisation of the national laws of the States Parties, which shall be communicated to the national Parliaments with views to their possible consideration.

15. To develop joint actions and work with national Parliaments in order to ensure compliance with the objectives of MERCOSUR, in particular those related to legislative activity.

16. Maintain institutional relations with the Parliaments of third States and other legislative institutions.

17. Celebrate, within the framework of its assignments, with the advisor of the competent organ of MERCOSUR, cooperation or technical assistance arrangements with public and private bodies, of national or international character.

18. To foster the development of instruments of representative and participatory democracy in MERCOSUR.

19. Receive within the first half of each year a report on the implementation of the budget of the Secretariat of the MERCOSUR of the previous year.

20. Elaborate and approve your budget and report on its implementation to the Common Market Council in the first half of the year, subsequent to the exercise.

21. Approve and modify your internal Rules.

22. Carry out all the actions pertinent to the exercise of your competences.

Article 5

Integration

1. Parliament will integrate in accordance with the criterion of citizen representation.

2. The members of Parliament, henceforth called Parliamentarians, will have the quality of Parliamentarians of MERCOSUR.

Article 6

Election

1. The Parliamentarians shall be elected by the citizens of the respective States Parties, by means of direct, universal and secret suffrage.

2. The election mechanism of the Parliamentarians and their alternates shall be governed by the provision of the legislation of each State Party, and that it shall seek to ensure adequate representation by gender, ethnicities and regions as per the realities of each State.

3. The Parliamentarians will be elected jointly with their alternates, who will replace them, in accordance with the respective State Party electoral legislation, in the cases of permanent or transitional absence. The alternates will be elected on the same date and form as the Parliamentary Holders, for identical periods.

4. By proposal of Parliament, will the Council of the Common Market establish the?Day of the MERCOSUR Citizen?, for the election of parliamentarians, in a simultaneous manner in all States Parties, by means of direct, universal and secret suffrage of the citizens.

Article 7

Participation of Associated States

Parliament will be able to invite the Associated States of MERCOSUR to participate in its public sessions, through members of their national Parliaments, those who will participate with a right to voice and without a right to vote.

Article 8

Incorporation of new members

1. The Parliament pursuant to Article 4, literal 12, shall pronounce on the accession of new States Parties to MERCOSUR.

2. The legal instrument formalizing the accession shall determine the conditions of the incorporation of the Parliamentary Parliamentarians adhering to the Parliament.

Article 9

Independence

Members of Parliament will not be subject to imperative mandate and will act with independence in the exercise of their duties.

Article 10

Mandate

Parliamentarians will have a common mandate of four (4) years, counted from the date of assumption in office, and they will be able to be re-elected.

Article 11

Requirements and incompatibilities

1. The candidates for Parliamentarians should comply with the requirements required to be a national Member, by the right of the respective State Party.

2. The exercise of the post of Parliamentary office is incompatible with the performance of term or legislative or executive office in the States Parties, as well as with the performance of positions in the remaining bodies of MERCOSUR.

3. They will be applied in addition to the remaining mismatches to be legislator, established in the national legislation of the corresponding State Party.

Article 12

Prerogatives and implants

1. The regime of prerogatives and immunities shall be governed by the established in the Sede Agreement referred to in Article 21.

2. The Parliamentarians will not be able to be prosecuted civil or penally, at no time, by the opinions and votes issued in the exercise of their duties during or after their term of office.

3. The displacements of the Members of Parliament, to attend the meeting place and after returning, will not be limited by legal or administrative restrictions.

Article 13

Consultative Opinions

Parliament will be able to solicit advisory opinions to the Permanent Court of Review.

Article 14

Approval of the Internal Rules

Parliament will approve and modify its Internal Regulation by qualified majority.

Article 15

System of decision adoption

1. Parliament will adopt its decisions and acts by a simple, absolute, special or qualified majority.

2. For the simple majority to apply for the vote of more than half of the Parliamentarians present.

3. For the absolute majority, the vote of more than half of the total members of Parliament will be required.

4. For the special majority to apply for the vote of two-thirds of the total members of Parliament, which includes also the Parliamentarians of all States Parties.

5. For the qualified majority, the affirmative vote of the absolute majority of members of the parliamentary representation of each State Party shall be required.

6. The Parliament shall establish in its Rules of Procedure the majorities required for the approval of the distinguished subjects.

Article 16

Organization

1. The Parliament will contest with a Director Bureau, which will take charge of the conduct of legislative work and administrative services.

It will be composed of a President, and a Vice President of each of the remaining States Parties, according to the one established by the Internal Rules.

Will be attended by a Parliamentary Secretary and an Administrative Secretary.

2. The term of office of the members of the Director Bureau will be 2 (two) years, and its members may be re-elected at one time.

3. In the case of absence or temporary impediment, the President shall be replaced by one of the Vice-Presidents in accordance with the one set out in the Rules of Procedure.

4. The Parliament will contest with a Parliamentary Office and Administrative Office, which will operate in permanent character at the Parliament headquarters.

5. The Parliament shall constitute commissions, permanent and temporary, which contemplates the representation of States Parties, whose organization and operation shall be established in the Internal Rules.

6. The technical and administrative staff of Parliament shall be integrated by citizens of the States Parties. It will be designated by international public tender and will have status of its own, with a legal regime equivalent to that of the MERCOSUR Registry staff.

7. Conflicts in labour that arise between Parliament and its officials will be resolved by the Labour Administrative Court of MERCOSUR.

Article 17

Meetings

1. The Parliament shall meet in ordinary session at least once a month.

At the request of the Council of the Common Market or by application for Parliamentarians, it may be convened for extraordinary sessions in accordance with the one set out in the Rules of Procedure.

2. All meetings of the Parliament and of its Commissions will be public, save those that are declared of reserved character.

Article 18

Deliberations

1. The meetings of the Parliament and its Commissions will be able to start with the presence of at least one third of its members, with all States Parties being represented.

2. Each MP shall be entitled to one vote.

3. The Rules of Procedure will establish the possibility that Parliament, in exceptional circumstances, can hold session and adopt its decisions and acts through technological means that allow for meetings in the distance.

Article 19

Acts of Parliament

They are acts of Parliament:

1. Opinions;

2. Projects of standards;

3. Antedesigns of standards;

4. Declarations;

5. Recommendations;

6. Reports; and

7. Provisions.

Article 20

Budget

1. The Parliament shall draw up and approve its budget, which shall be financed by contributions from the States Parties, depending on the Gross Domestic Product and the national budget of each State Party.

2. The contribution criteria mentioned in the previous inciso, will be established by Decision of the Common Market Council considering the proposal of Parliament.

Article 21

Sede

1. The seat of Parliament will be the city of Montevideo, Eastern Republic of Uruguay.

2. The MERCOSUR will conclude with the Eastern Republic of Uruguay a Seal Agreement that will define the standards pertaining to privileges, immunities and exemptions from Parliament, parliamentarians and too many officials, in accordance with the rules of law international beams.

Article 22

Accession and denunciation

1. In the matter of accession or denunciation, they shall be governed as a whole, for the present Protocol, the standards set out in the Treaty of Asuncion.

2. Accession or denunciation to the Treaty of Assumption means, ipso jure, the accession or denunciation to this Protocol. Denunciation of this Protocol means ipso jure the complaint to the Treaty of Asuncion.

Article 23

Vigence and deposit

1. This Protocol, an integral part of the Treaty of Asuncion, shall enter into force on the thirtieth day counted as of the date on which the fourth State Party has deposited its instrument of ratification.

2. The Republic of Paraguay shall be a depositary of this Protocol and of the instruments of ratification and shall notify the remaining States Parties the date of the deposits of such instruments, by sending duly certified copy of this Protocol to the remaining States Parties.

Article 24

Repeatory clause

Ficam repealed all provisions of institutional character of the Ouro Preto Protocol related to the Constitution and functioning of Parliament that result incompatible with the terms of this Protocol, with the exception of the decision-making system of the remaining MERCOSUR bodies established in the Art.37 of the Ouro Preto Protocol.

TRANSITIONAL PROVISIONS

First

Steps

For the purpose of that provided for in Article of this Protocol, shall be understood by:

-? first step of the transition?: the period between December 31, 2006 and December 31, 2010.

-? second step of the transition?: the period from 1º to January 2011 and 31 of december 2014.

Second

Integration

In the first stage of the transition, Parliament will be integrated by eighteen (18) Parliamentarians by each State Party.

The one provided for in Article 5, inciso 1, concerning the integration of Parliament in accordance with criterion of citizen representation applicable from the second stage of the transition, shall be established by Decision of the Council of the Common Market, by proposal of the adopted Parliament by qualified majority. Such a decision is to be approved by December 31, 2007.

Third

Election

For the first stage of the transition, national parliaments will lay down the modalities of designation of their respective parliamentarians, among the legislators of the Parliaments nationals of each State Party, designating the holders and equal number of alternates.

For the purposes of holding the direct election of the Parliamentarians, mentioned in article 6, inciso 1, the States Parties, prior to the completion of the first stage of the transition, shall be expected to hold elections by direct, universal and secret suffrage of Parliamentarians, the achievement of which shall be given in accordance with the national electoral agenda of each State Party.

The first election provided for in Article 6, incisit 4, will be held during the year 2014.

As of the second stage of the transition, all the Parliamentarians are expected to have been elected from agreement with article 6, inciso 1.

Fourth

Citizen's MERCOSUR Day

O?Day of the MERCOSUR Citizen?, provided for in Article 6, inciso 4, shall be established by the Common Market Council, by proposal of the Parliament, before the end of the year 2012.

Fifth

Mandate and incompatibilities

In the first stage of the transition, the Parliamentarians assigned indirectly, will cease in their duties: by lapse or loss of their national mandate; by taking over their successors elected directly or, at the latest, until finalizing that first step.

All Parliamentarians in office of duties in Parliament during the second leg of the transition, should be elected directly before the start of the same, and may their mandates have a different duration to that set out in Article 10, for a single time.

The one provided for in Article 11, incisos 2 and 3, shall apply from the second stage of the transition.

Sixth

System of adoption of decisions

During the first stage of the transition, the decisions of Parliament, in the cases mentioned in article 4, inciso 12, will be adopted by a special majority.

Seventh

Budget

During the first transition step, the Parliament's budget will be funded by the mediating States Parties equal contributions.

FEITO in the city of Montevideo, at the nine days of the month of December of the year two thousand and five, in an original in the Spanish and Portuguese languages, being both texts being equally authentic.

BY THE GOVERNMENT OF THE ARGENTINE REPUBLIC

Néstor Kirchner-Jorge Taiana

BY THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Luiz Inácio Lula da Silva-Celso Luiz Nunes Amorim

BY THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY

Nicanor Duarte Frutos-Leila Rachid

BY THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY

Tabaré Vázquez-Reinaldo Gargano