DECREE NO. 5,767, OF May 2, 2006.

Promulga the Treaty between the Federative Republic of Brazil and the Portuguese Republic on the Transfer of Condensed Persons, celebrated in Brasilia, on September 5, 2001.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that gives it the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Republic Federative of Brazil and the Government of the Portuguese Republic celebrated, in Brasilia, on September 5, 2001, a Treaty on the Transfer of Condensed Persons;

Whereas the National Congress passed that Treaty through the Legislative Decree No. 25, of February 15, 2006;

Whereas the Treaty entered into international force on March 23, 2006, pursuant to the paragraph 2nd of your Article 16;

DECRETA:

Art. 1º The Treaty between the Federative Republic of Brazil and the Portuguese Republic on the Transfer of Condensed Persons, concluded in Brasilia, in 5 of september 2001, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Treaty, as well as any adjustments complimentary that, in the terms of art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3º This Decree goes into effect on the date of its publication.

Brasilia, May 2, 2006; 185º of Independence and 118º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

TREATY BETWEEN THE REPUBLIC FEDERATIVE

FROM BRAZIL AND THE PORTUGUESE REPUBLIC

ABOUT THE TRANSFER OF CONVICTED PERSONS

A Federative Republic of Brazil

and

the Portuguese Republic

(henceforth named "Parts"),

Animated by the bonds of fraternity, friendship and cooperation that preside over relations between both countries;

Desiring to deepen this privileged relationship in the field of cooperation in areas of common interest;

Wishing to strengthen mutual judicial cooperation, in criminal matters;

Cents of which such cooperation should, in attention to the interests of the good administration of justice, contribute to the social reinsertion of the convicted persons;

Whereas, for the achievement of these goals, it is important that nationals of both states or persons in them have habitual residence or personal bonding, who are deprived of liberty by judicial decision handed down by virtue of an infringement penal, have the possibility to comply with the conviction in their social environment of origin;

Considering that the best way to achieve such desiderata is to enable the effectivation of the transfer of the convicted persons to their own country;

Having yet present that full respect for the rights of man arising from universally recognized norms and principles;

Wake up the following:

ARTICLE 1st

Definitions

For the purposes of this Treaty, it shall be deemed to be:

a) "Condemnation": any penalty or deprivative measure of liberty, including measure of security of determined duration, delivered by judge or court, by virtue of the practice of criminal infraction;

b)' Sentence ': Judicial decision by which a conviction is imposed;

c)' State of condemnation ': State in which it was sentenced the person who can be transferred;

d) "National":

-in the case of Brazil, a Brazilian such as defined by the Brazilian Federal Constitution;

-in the case of Portugal, the citizen who has acquired Portuguese nationality by any of the modes provided for in Portuguese law.

ARTICLE 2nd

General principles

1. The Parties undertake to cooperate with each other with the aim of enabling the transfer of a convicted person on the territory of one of them to the territory of the other, to fulfil it or continue to comply with a conviction imposed on it by sentence transitioned on trial.

2. The transfer may be requested by any of the Parties or by the convicted person.

3RD article

Conditions for the Transfer

The transfer can take place when:

a) the convict on the territory of one of the Parties is national or has habitual residence or personal bonding in the territory of the other Party that justifies the transfer;

b) a sentence has transitioned on trial;

c) the duration of the conviction to be complied with or that restar to comply, for at least 6 (six) months, on the date of submission of the application to the State of the conviction;

d) the facts that originated the conviction constituting criminal infraction in the face of the law of both Parties;

e) the convict or, when, by virtue of his or her age or physical or mental state, one of the Parties o consider necessary, your representative consents to the transfer;

f) the Parties are in agreement as to the transfer.

ARTICLE 4th

Information

1. The Parties undertake to inform the persons sentenced to whom the present Treaty may apply about its contents, as well as of the terms on which the transfer may take effect.

2. The Party to which the convicted person has expressed the wish to be transferred shall inform the other Party of such request in the shortest possible time. If such a request is made to the State of the conviction, the information is accompanied by indication of the decision of this one as to the transfer.

3. The information referred to in the preceding paragraph shall contain:

a) indication of the crime by which the person has been convicted, of the duration of the penalty or measure applied and the time already served;

b) authenticated copy of the sentence;

c) certified copy of the text of the applied legal provisions;

d) report on the prison behavior;

e) statement of the convicted person, containing your consent in the transfer;

f) other elements of interest for the execution of the feather.

4. The State for which the person is to be transferred may request supplemental information that it considers necessary.

5. The convicted person will be informed of the decision regarding the transfer application.

ARTICLE 5th

Central authorities

1. For the purpose of receiving and transmitting the transfer applications, as well as for all communications concerning them, the Parties shall designate as central authorities:

a) by the Federative Republic of Brazil: the Ministry of Justice;

b) by the Portuguese Republic: the Attorney General of the Republic.

2. The transfer requests are transmitted directly between central authorities or by via diplomatic.

3. The decision to accept or refuse the transfer is communicated to the State that formulates the application, in the shortest possible time.

ARTICLE 6th

Consent

1. Consent is provided in accordance with the national legislation of the Party where the person is found to be transferring.

2. Both Parties can ensure that the person whose consent to the transfer is necessary, voluntarily and with full awareness of the consequences arising from this transfer.

3. The State for which the person should be transferred may check, through a consul or mutually accepted employee, the provision of the consent in accordance with the provisions of the preceding paragraph.

ARTICLE 7th

Transfer

1. Decided on the transfer, the convicted person is handed over to the State where he must comply with the on-site conviction agreed between both Parties.

2. In the person's delivery act, the State of the conviction provides the agents of the State for which the person is transferred a certificate, updating the elements to which if refers to paragraph 3 of Article 4th.

ARTICLE 8th

Effects of the Transfer

1. The execution of the sentence shall be suspended in the State of the conviction as soon as the authorities of the State for which the person is transferred take this to his post.

2. Cumprida the conviction in the state for which the person was transferred, the State of the conviction can no longer perform it.

ARTICLE 9th

Execution

1. The transfer of any sentenced person will only be effected if the sentence is enforceable in the state for which the person should be transferred.

2. The State for which the person is to be transferred cannot:

a) aggravate, increase or extend the penalty or the measure applied in the State of the conviction, nor deprive the convicted person of any right beyond what result from the sentence handed down in the State of the conviction;

b) change the matter of constant fact of the sentence handed down in the state of conviction.

3. In the execution of the penalty, the legislation and procedures of the State for which the person has been transferred are observed.

ARTICLE 10

Feature of Revision

1. Only the State of the conviction can judge a review appeal.

2. The decision is communicated to the other Party, and the latter shall carry out the modifications made to the conviction.

ARTICLE 11

cessation of the Penalty Supply

1. The State for which the person has been transferred shall bring an end to compliance with the conviction as soon as it is informed by the State of the conviction of any decision or measure that has as its effect withdrawing condemnation of its enforceable character or its cessation.

2. The decision is immediately communicated by the State of the conviction.

ARTICLE 12

Non bis in idem

The person transferred to the territory of one of the Parties may not be in it condemned by the same facts on why it has been condemned in the territory of the other Party.

ARTICLE 13

Relative information to the Condemnation's fulfillment

The State for which the person has been transferred must inform the State of the conviction when:

a) the conviction has been complied with or the person transferred if evaded before it is over;

b) the state of the conviction solicit information on the fulfilment of the penalty, including the probation and the release of the convict.

ARTICLE 14

Application in Time

The present Treaty applies to the execution of the convictions applied before or after its entry into force.

ARTICLE 15

Resolution of Doubts

The Parties shall carry out mutual consultations for the resolution of doubts resulting from the application of this Treaty.

ARTICLE 16

Finals and Transitional provisions

1. This Treaty shall be subject to ratification.

2. The Treaty shall enter into force thirty days after the exchange of instruments of ratification and shall remain in force until it is denounced by one of the Parties.

3. The effects of this Treaty shall cease six months after the day of receipt of the complaint. Notwithstanding, its provisions will continue to apply to the fulfillment of the convictions of the persons who have been transferred to their shelter.

Signed in Brasilia, on September 5, 2001, in two similarly authentic original copies, drawn up in Portuguese language.

BY THE FEDERATIVE REPUBLIC OF BRAZIL

JOSÉ GREGORI

Minister of Justice

BY THE PORTUGUESE REPUBLIC

ANTÔNIO COSTA

Minister of Justice