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Decree No. 4,685, 29 April 2003

Original Language Title: Decreto nº 4.685, de 29 de Abril de 2003

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DECREE NO. 4,685, OF April 29, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Ministry of Justice, and gives others providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the arts. 47 and 50 of the Interim Measles n ° 103, from 1º January 2003,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Table of the Cargos in Commission and of the Gratified Functions of the Ministry of Justice, in the form of the Attachments I and II to this Decree.

Art. 2 / In due to the provisions of the art.1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of Management Planning, Budget and Management, for the Ministry of Justice: two DAS 101.6; three DAS 101.2; five DAS 102.4; nine DAS 102.3; twenty-one DAS 102.1; and three hundred and thirty-six FG-3; and

II-of the Ministry of Justice, for the Management Office, of the Ministry of Planning, Budget and Management: two DAS 101.5; three DAS 101.4; fifteen DAS 101.3; thirteen DAS 101.1; forty-three DAS 102.2; three hundred and thirty-four FG-1; and twenty FG-2.

Art. 3 ° The apostilles arising from the approval of the Regimental Structure of which treats art. 1º should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Justice shall publish in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, the nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS referred to in Annex II, indicating, including, the number of vacant posts, their denomination and their respective level.

Art. 4 ° The internal regiments of the organs of the Ministry of Justice shall be approved by the Minister of State for Justice and published in the Official Journal of the Union, within the ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree enters into force on the date of its publication.

Art. 6 ° Ficam repealed the Decree No. 4,053 of December 13, 2001 and the incisant VII of the art. 11 of the Regimental Structure of the Civil House of the Presidency of the Republic, approved by the Decree no 4,607, of February 26, 2003.

Brasilia, April 29, 2003; 182 ° of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomas Bastos

guido mantega

REGIMENTAL STRUCTURE OF THE MINISTRY OF JUSTICE

CHAPTER I
OF THE NATURE AND PURPOSE

Art. 1º The Ministry of Justice, the body of the direct Federal Administration, has as an area of competence the following subjects:

I-defence of the legal order, political rights and constitutional guarantees;

II-judicial policy;

III-rights of the Indians;

IV-narcotics, public safety, Federal Polices, Road and Federal Railway and the Federal District;

V -defense of the national economic order and consumer rights;

VI-planning, coordination and administration of the national penitentiary policy;

VII-nationality, immigration and foreigners;

VIII-oupane-general of the Indians and the consumer;

IX-ouvidoria of federal policemen;

X-legal, judicial and extrajudicial, integral and free of charge, to those in need, thus considered in law;

XI-defence of the goods and of the Union's own and of the integral entities of the indirect Federal Public Administration;

XII-articular, to integrate and propose the Government's actions in the aspects related to the activities of repression of misuse, illicit trafficking and unauthorized production of narcotic substances and drugs that cause physical or psychic dependence; and

XIII-coordinate and implement the work of consolidation of normative acts within the framework of the Executive Power.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Justice has the following organizational structure:

I -bodies of direct and immediate assistance to the Minister of State:

a) Cabinet; and

b) Executive Office: Subsecretariat of Planning, Budget and Administration;

c) Legal Advice;

d) Commission of Amnesty; and

e) Normative Asset Consolidation Executive Group;

II-specific specific organs:

a) National Office of Justice:

1. National Penitentiary Department;

2. Department of Foreign Affairs; and

3. Department of Justice, Classification, Securities and Qualification;

b) National Public Safety Registry:

1. Department of Policies, Programs and Projects;

2. Department of Research, Information Analysis, and Human Resource Development in Public Safety; and

3. Department of Execution and Evaluation of the National Public Safety Plan;

c) Secretariat of Economic Law:

1. Department of Protection and Economic Defense; and

2. Department of Consumer Protection and Defense;

d) Registry of Legislative Affairs:

1. Department of Analysis and Legislative Drafting; and

2. Department of Studies and Legislative Monitoring;

and) Office of Judiciary Reform: Department of Modernization of the Administration of Justice;

f) Department of Federal Police;

1. Directorate of Police Judiciary;

2. National Institute of Identification;

3. National Institute of Criminalistics; and

4. National Police Academy;

g) Federal Highway Police Department; and

h) Public Defensors of the Union;

III-collegiated bodies:

a) National Council for Criminal and Penitentiary Policy;

(b) National Public Security Council-CONASP; and

c) Federal Gestor Council of the Defense Fund of the Rights Difusces;

IV-linked entities:

a) Autarquia: Administrative Council of Economic Defense; and

b) Public Foundation: National Foundation of the Indian.

CHAPTER III

OF THE COMPETENCY OF THE ORGANS

SECTION I

Of The Direct and Immediate Assistance Bodies to the Minister of State

Art. 3º To the Cabinet competes:

I-coordinate and develop the activities concerngoers to the Ministry's relationship with the National Congress, especially in the monitoring of projects of interest of the Ministry, in articulation with the Registry of Legislative Affairs and in the care of the consultations and requirements formulated;

II-attend the Minister of State in his political and social representation, occupy himself with the public relations and the preparer and dispatch of his personal expediency;

III-coordinate and to develop activities, within the international framework, that assist the institutional acting of the Ministry of Justice, in articulation with the Ministry of Foreign Affairs and other bodies of the Public Administration; and

IV- provide for the official publication and dissemination of the subjects related to the acting area of the Ministry.


Art. 4º The Executive Secretariat competes:

I-attend the Minister of State in the supervision and coordination of the activities of the member Secretaries of the structure of the Ministry and the entities to it linked;

II-supervise and coordinate the activities related to the federal planning and the budget, organization and administrative modernization, accounting, financial administration, administration of information and informatics resources, human resources and general services, within the Ministry; and

III-assist the Minister of State in the definition of guidelines and in the implementation of the actions of the Ministry's area of competence.


Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Organization and Administrative Modernization-SOMAD, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, Federal Accounting and Federal Financial Administration, through the Subsecretariat of Planning, Budget and Administration to it subordinate.

Art. 5 ° À Subsecretariat of Planning, Budget, and Administration competes:

I-plan, coordinate and supervise the execution of the activities related to the federal planning and budgeting systems, of administrative, accounting and financial administration, of financial administration, of information and informatics resources, human resources and general services, within the Ministry;

II-promoting the articulation with the central bodies of the federal systems, referred to in the inciso I, and informing and directing the Ministry's bodies as to compliance with the established administrative standards;

III-promote the drafting and consolidation of the plans and programs of the activities of their area of competence and subject them to the decision higher;

IV-follow up and promote the evaluation of projects and activities;

V-develop the activities of budget, financial and accounting execution, within the Ministry; and

VI-carry out taken care of the expense ordinators and too much responsible for public goods and values and of all the one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium.

Art. 6º À Legal Consultancy, the sectoral organ of Advocate-General of the Union, competes:

I-advising the Minister of State on matters of a legal nature;

II-exercise the coordination of the legal activities of the Ministry and linked entities;

III-fix the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed, in their areas of acting and coordination, when there is no normative orientation of the Union Advocate General;

IV- draw up studies and prepare information, by request of the Minister of State;

V-assist the Minister of State in internal control of the administrative legality of the acts to be by him practiced or already effectuated, and of those coming from bodies or entities under their legal coordination; and

VI-examine, prior and conclusively, within the Ministry:

a) the edital texts of bidding as well as those of the respective congenneric contracts or instruments, to be published and entered into; and

b) the acts by which one is going to recognize the inexigsibility, or decide the dispensation, of bidding.

Art. 7º The Amnesty Commission is to exercise the competencies established in the Act no 10,559, from 13 of November 2002.


Art. 8 ° To the Executive Group of Consolidation of Acts Normatives compete:

I-promote, together with the organs of the Executive Power, the consolidation work of the normative acts;

II-proceed to the lifting of the normative acts belonging to the Ministry of the Justice and the entities to him bound, with views to consolidate the legal texts;

III-proceed, residually, to the lifting of the legal matters not included in the specific sphere of the other Ministries and the organs of the structure of the Presidency of the Republic; and

IV-propose the forwarding of specific and independent bill of the consolidation project, once the need for merit amendment to the legislation has been found behold.

SECTION II

Of the Singular Specific Organs

Art. 9º The National Registry of Justice competes:

I-forward to the National Criminal and Penitentiary Policy Board proposals of resolutions;

II-deal with the subjects related to the indicative rating scale of electronic games, public diversions and radio and television programs and recommend correspondence with the age ranges and the permitted operating and vehicular schedules;

III-dealing with the subjects related to nationality and naturalisation and the legal regime of foreigners;

IV-process and forward to the competent bodies expedient in the interest of the judiciary, the Public Prosecutor's Office and the Public Defensoria;

V-instructing letters rogatory;

VI-instructing the processes of provement and vacancy of positions of magistrates of competence of the President of the Republic;

VII-opines on the solicitation, cassation and awarding of public utility bonds, medals and on the installation of associations, societies and foundations in the national territory, in the area of their competence;

VIII-register and scrutinize the entities that perform microfilming services;

IX-qualify persons of private law without purpose lucrative as Organizations of Civil Society of Public Interest;

X-directing, negotiating and coordinating studies concerning the right of integration and the activities of jurisdictional cooperation, in international agreements in that Brazil is a party;

XI-coordinate national policy on refugees;

XII-represent the Ministry at the National Council on Immigration;

XIII-coordinate the politics of justice, through the articulation with the other federal bodies, Judiciary, Legislative Branch, Public Prosecution, state governments, international agencies and civil society organizations; and

XIV -plan and coordinate the national penitentiary policy.

Art. 10. The National Penitentiary Department competes:

I-follow up on the faithful application of the criminal enforcement standards throughout the national territory;

II-inspect and periodically scrutinize the establishments and penal services;

III-attend technically to the federative units in the implementation of the principles and rules of the criminal implementation;

IV-collaborate with the federative units, upon arrangements, in the implantation of penal establishments and services;

V-collaborating with the federative units in carrying out training courses of penitentiary and vocational education staff of the convict and of the internship;

VI-coordinate and supervise federal criminal and internment establishments;

VII-prosecute, study and forward, in the form provided for in law, the applications for indulgings individual;

VIII-manage the resources of the National Penitentiary Fund-FUNPEN; and

IX-supporting administrative and financially the National Council of Criminal and Penitentiary Policy.

Art. 11. The Department of Foreign Affairs competes:

I-prosecute, opinionate, and forward the matters relating to the nationality, naturalization and legal regime of foreigners;

II-process, opining and forwarding the matters related to the compulsory measures of expulsion, extradition and deportation;

III-instructing the processes concerning the transfer of inmates for compliance in the country of origin, the from agreements of which Brazil is a party;

IV-instruct processes of recognizing the condition of refugee and political asylum; and

V-provide administrative support to the National Committee for the Refugees-CONARE.

Art. 12. To the Department of Justice, Classification, Securities and Qualification competes:

I-instruct and opinionate on matters relating to:

a) letters rogatory, processes of provement and vacancy of posts of magistrates of competence of the Presidency of the Republic;

b) processes of declaration of public utility of real estate for the purposes of dispropriation for use of the Union's Judiciary Bodies;

II-register the entities running microfilming services;

III-instruct and analyze requests related to the indicative classification of public diversions, radio and television programs, films for cinema, video and DVD, electronic games, RPG (interpretation games), music videos, scenic and musical shows;

IV-monitor television programs and recommend the age ranges and vehiculation times of the said programs;

V-organize and scrutinize, upon ordinary inspection, the declared entities of federal public utility, those carrying out microfilming services and those of public diversions; and

VI-instruct and qualify the non-profit private law legal persons as Organizations of Civil Society of Public Interest.

Art. 13. To the National Registry of Public Safety competes:

I-advise the Minister of Justice in the definition, implementation and follow-up of the National Public Safety Policy and the Federal Welfare Programs of Social and Control of Violence and Criminality;

II-plan, follow up and evaluate the implementation of federal Government programs for the area of public safety;

III-draw up proposals of legislation and regulation in matters of public safety, regarding the public sector and the private sector;

IV-promoting the integration of public security organs;

V-stimulate the modernization and the reschmaking of public safety bodies;

VI-promoting the interface of actions with governmental and nongovernmental bodies, of national and international scope;

VII- carry out and nurture studies and research aimed at reducing crime and violence;

VIII-stimulate and propose to state and municipal bodies the elaboration of integrated public safety plans and programs objecting to controlling actions of criminal organizations or specific factors that generate crime and violence indexes, as well as stimulate social actions of preventing violence and criminality;

IX-exercise, by its holder, the Ouvidor-General functions of the Federal Polices;

X-implement, maintain and modernize the National System of Justice and Public Safety Information-INFOSEG;

XI-promote and coordinate the meetings of the CONASP; and

XII-encourage and follow up the acting of the Regional Public Security Councils.

Art. 14. To the Department of Policies, Programs and Projects competes:

I-subsidize the definition of the policies of Government, in the field of public safety;

II-identify, propose and promote articulation and the exchange between government bodies that can contribute to the optimization of public safety policies;

III-maintain, in conjunction with the Federal Police Department, enrollment of companies and servers of private security from all over the Country;

IV-stimulate and foster the use of organizational and functional development methods that increase the efficiency and effectiveness of the public safety system;

V-promoting the implementation of the coordination of the national arms control policy, respected the competences of the Federal Police and those of the Ministry of Defense;

VI-analyzing and demonstrating about development and experiences in the field of public safety;

VII-stimulating police management aimed at citizen care;

VIII-stimulating community participation in proactive actions and preventive, in partnership with public safety organizations; and

IX-elaboration and propose instruments with views to the modernization of the corregedories of state policemen.

Art. 15. To the Department of Research, Information Analysis and Human Resource Development in Public Safety competes:

I-identify, document and disseminate research aimed at public safety;

II-identify the support of international and national bodies, of public or private character;

III-identify areas of foment for investment of research in public safety;

IV-create and propose mechanisms with views to assess the impact of international, federal, state, and municipal investments on improving police service;

V-identify, document and disseminate innovative experiments in the field of public safety;

VI-proposing criteria for the standardization and consolidation of national crime statistics and performance indicators of the area of public safety and justice system criminal;

VII-planning, coordinating and evaluating the activities of systematization of information, statistics and monitoring of criminal data;

VIII-coordinate and overseeing the teaching, managerial, technical and operational activities, for the professionals of the citizen's security area in the states, Municipalities and Federal District; and

IX-identify and propose new methodologies and teaching techniques geared to the enhancement of police activity.

Art. 16. To the Department of Enforcement and Evaluation of the National Public Safety Plan competes:

I-follow up the technical and financial implementation of the Federal Government's strategic programs in the states, Municipalities and District Federal, having on the basis of the National Public Safety Plan and the federal public safety funds intended for such an end;

II-promoting the articulation of planned police operations directed at the decrease in violence and crime in strategic areas and government interest;

III-elaborating proposals for standardizing and standardising of police operational procedures, systems and physical infrastructure (buildings, architecture and construction) and equipment used by police organizations;

IV-encouraging the implementation of new technologies in a way to stimulate and promote the enhancement of police activities, mainly in the actions of judicial police and ostensible police operationality; and

V-integrate public security intelligence activities, in national framework, in consonance with the intelligence bodies marshals and state, who make up the Public Security Intelligence Subsystem? SISP.

Art. 17. To the Bureau of Economic Law it is to exercise the competences set out in the Laws 8,078, of September 11, 1990, 8,884, of June 11, 1994, 9,008, of March 21, 1995, and 9,021, of March 30, 1995, and, specifically:

I-formulate, promote, supervise, and coordinate the policy of protecting the economic order, in the areas of competition and consumer protection;

II-adopt the measures of its competence required to ensuring free competition, free enterprise and the free distribution of goods and services;

III-orienting and coordinating actions with views to the adoption of protective measures and advocacy of free competition and consumers;

IV-preventing, ascertaining and repressing infractions against the economic order;

V-examine the acts, in any form manifested, that may limit or prejudice free competition or result in the domination of relevant markets of goods or services;

VI-tracking, permanently, the commercial activities and practices of physical or legal persons who hold a dominant position in the relevant market of goods and services, to prevent infractions of the economic order;

VII-orienting the activities of planning, drafting and executing the National Consumer Protection Policy;

VIII-promoting, developing, coordinating and overseeing consumer rights awareness and awareness activities;

IX-promoting the measures necessary to ensure the rights and interests of consumers; and

X-firming arrangements with public bodies and entities and with private institutions to ensure the execution of plans, programs and surveillance of compliance with federal standards and measures.


Art.
18. To the Department of Economic Protection and Defense it is up to support the Bureau of Economic Law in fulfilling the competencies set out in Law No. 8,884, 1994, and in Law No. 9,021, 1995.


Art. 19. To the Department of Consumer Protection and Defense it is up to support the Bureau of Economic Law in fulfilling the competencies established in Law No. 8,078, of 1990.


Art. 20. The Registry of Legislative Affairs competes:

I-supervise and assist the committees and special groups of jurists constituted by the Minister of State, with the aim of amending codes and consolidating diplomas legal;

II-coordinate, in conjunction with the Legal Consultancy, the drafting of decrees and other acts of a normative nature of interest of the Ministry;

III-follow up on the tramway and the votes in the National Congress and compile the opinions issued by the Permanent Commissions of the two Houses; and

IV-coordinate the forwarding of the opinions sent to the Subheads of Parliamentary Affairs of the Civil House of the Presidency of the Republic.


Art.
21. The Department of Analysis and Legislative Drafting competes:

I-elaborate and systematize the bylaws and their exhibitions of reasons of interest from the Ministry's too many areas;

II-elaborate and examine, in conjunction with the Legal Consultancy, the constitutionality, the juridicity and the legislative technique of decrees and other legal acts; and

III-support the committees and special groups of work that they have for purpose the elaboration of legislative propositions.


Art.
22. To the Department of Studies and Legislative Monitoring compete:

I-examine the bills in tramway law in the House of Representatives and the Federal Senate;

II-draw up opinions, together with the Legal Consultancy, regarding the constitutionality and the juridicity of the law projects in the sanction phase; and

III-maintain documentation aimed at monitoring the legislative process and changes of the legal planning.

Art. 23. To the Office of the Reform of the judiciary competes:

I-formulate, promote, supervise and coordinate the processes of modernization of the administration of Brazilian justice, through the articulation with the other organs Federal, the Judiciary, Legislative Branch, the Public Prosecutor's Office, state governments, international agencies and civil society organizations;

II-orient and coordinate actions with views to the adoption of measures of improvement of the judicial services provided to citizens;

III-propose measures and examine the reform proposals of the Brazilian judiciary sector; and

IV-direct, negotiate and coordinate studies concerning the activities of Brazilian justice reform.

Art. 24. The Department of Modernization of the Administration of Justice competes:

I-coordinate and develop the activities concernin the relationship of the Ministry with the Judiciary Branch, especially in the follow-up of projects of interest of the Ministry related to the modernization of the Brazilian Justice administration; and

II-assist the Minister of State in the supervision and coordination of the activities of fomenting the modernization of the administration of the Justice.

Art. 25. To the Federal Police Department it is up to exercise the competences set out in § 1º of the art. 144 of the Constitution and in § § 12 and 14 of the art. 14 of Law No. 9,649 of May 27, 1998, and, specifically:

I-establish criminal infractions against political and social order or to the detriment of goods, services and interests of the Union or of its municipal entities and enterprises public, as well as other infractions whose practice has interstate or international repercussions and requires uniform repression, second if it disposes of law;

II-prevent and crack down on the illicit trafficking of narcotics and drugs related, smuggling and the despath, without prejudice to the making of the making and other public organs in their respective areas of competence;

III-exercise the functions of maritime, airport and border police;

IV-exercise, with exclusivity, the judicial police functions of the Union;

V-coinhibiting the turbation and possessory spot of the goods and of the Union's own and the integral entities of the Public Administration Federal, without prejudice to the maintenance of the order by the Military Policemen of the States;

VI-follow up and institute inquiries related to agrarian or fundiary conflicts and those arising from, when dealing with, the crime of federal competence, as well as preventing and repressing such crimes;

VII-elaborating guiding standards of judicial and disciplinary police activities;

VIII-orienting decentralized units in interpreting and complying with the legislation pertinent to the judicial and disciplinary police activities;

IX-elaborate and propose the plans for periodic corrections;

X-receive complaints or representations about falters committed by servers;

XI-control, scrutinize and evaluate the work of the discipline commissions;

XII-collect statistical data from police activities judicial and disciplinary;

XIII-ascertaining the irregularities and infractions committed by servers of the Department;

XIV-planning, coordinating, directing and directing the intelligence activities in matters of interest and competence of the Department;

XV-compile, control and analyze data, subjecting them to the assessment of the Director-General for deliberation; and

XVI-plan and execute operations of counterintelligence and counterterrorism.

Art. 26. To the Directorate of Police Judiciary it is up to:

I-planning, coordinating, directing, controlling and evaluating the activities-end of the Department;

II-plan, coordinate, drive and execute police operations related to crimes whose practice has interstate or international repercussion and requires uniform repression, second if it disposes of law;

III-pass general action standards regarding prevention and repression activities of crimes of competence of the Department;

IV-propose to the Director-General periodic inspections attached to the devolved units of the Department, within the framework of its competence; and

V-elaboration specific operational planning guidelines.

Art. 27. To the National Institute of Identification it is up to:

I-plan, coordinate, direct, guide, control and execute the human identification activities relevant to preprocedural and judicial procedures, when requested by competent authority;

II-centralize information and fingerprints of persons indicted in police inquiries or accused in criminal proceedings in the national territory and of foreign nationals subject to registration in Brazil;

III-coordinate and promote the exchange of the civil and criminal identification services in the national framework;

IV-analyze the results of the identification activities, proposing, when necessary, measures for their outreach;

V-collaborating with the Institutes of Identification of States and the Federal District to enhance and standardize Country identification activities;

VI-develop projects and programs of study and research in the field of identification; and

VII-issue passports in compliance with the specific normatization of the Directorate of Police Judiciary.

Art. 28. To the National Institute of Criminalistics it is up to:

I-plan, coordinate, supervise, guide, control and execute the technical-scientific activities of vestige of vestiges in preprocedural procedures and judicial, when requested by competent authority;

II-propose and participate in the elaboration of congeniums and contracts with congenneric bodies and entities;

III-researching and disseminating studies technical-scientific in the field of criminalistics; and

IV-promote the publication of informatics related to their area of acting.

Art. 29. To the National Police Academy competes:

I-carry out the recruitment and selection of candidates for registration in vocational training courses for admission to the positions of the Federal Police career;

II-form the selected personnel, by means of specific courses;

III-propose and participate in the elaboration of congeniums and contracts with national and foreign congenneric bodies and entities, of a public nature and private;

IV-carry out plans, studies and research that target the establishment of guiding doctrine, at a high level, of the police activities of the Country;

V-promoting the diffusion of matter doctrinaire, information and studies on the evolution of police services and techniques; and

VI-establish exchange with the country's police schools and foreign congennered organizations, objecting to the enhancement and the specialization of the police servers.

Art. 30. To the Federal Highway Police Department it is up to you to exercise the competencies established in the art. 20 of Law No. 9,503 of September 23, 1997 and in Decree No. 1,655 of October 3, 1995.

Art. 31. The Union Public Defender is to exercise the competences set out in the Supplementary Act No. 80 of January 12, 1994, and, specifically:

I-promote, extrajudicially, conciliation between the parties to conflict of interests;

II-sponsor:

a) private criminal action and the subsidiary of the public;

b) civil action;

c) defense in criminal action; and

d) defense in civil action and reconquered;

III-acting as Special Curator, in the cases provided for in law;

IV-exercise the defense of the child and the adolescent;

V- act together with the police and prison establishments, aiming to assure the person, under any circumstances, the exercise of individual rights and guarantees;

VI-ensuring to their assisted, in proceedings judicial or administrative, and to the accused in general, the adversarial and the broad defence, with recourse and means to it inherent;

VII-acting together with the Special Jued; and

VIII-sponsor the interests of the aggrieved consumer.

SECTION III

Of The Collegiated Bodies

Art. 32. To the National Criminal and Penitentiary Policy Council competes:

I-propose criminal policy guidelines as to the prevention of the offence, administration of Criminal Justice and execution of the penalties and measures of safety;

II-contribute in the drafting of national development plans, suggesting the goals and priorities of the criminal and penitentiary policy;

III-promote the periodic evaluation of the criminal system for their suitability for the needs of the Country;

IV-stimulate and promote the research criminology;

V-elaborate national program penitentiary of formation and improvement of the server;

VI-establish rules on the architecture and construction of penal establishments and homes of hostels;

VII-establish the criteria for the drafting of the criminal statistic;

VIII-inspect and scrutinize the penal establishments, as well as inform themselves, upon reports of the Penitentiary Council, requisitions, visits or other means, about the development of criminal execution in the states and Federal District, proposing to her authorities to task the necessary measures to their enhancement;

IX-represent the Execution Judge or the administrative authority for syndication or procedure administrative, in the event of a violation of the standards regarding criminal enforcement; and

X-represent to the competent authority for the interdiction, in whole or in part, of criminal establishment.

Art. 33. To the CONASP compete:

I-formulate the National Public Security Policy;

II-establish guidelines, draw up standards, and articulate the coordination of the National Public Security Policy;

III-stimulate the modernization of organizational structures of the civil and military policemen of the states and the Federal District;

IV-develop studies and actions aiming at increasing the efficiency of services policemen, promoting the exchange of experiences; and

V-studying, analysing and suggesting changes in the relevant legislation.

Art. 34. To The Federal Council Manager of the Defence Fund for Difused Rights it is to exercise the competencies set out in Law No. 9,008, 1995.

CHAPTER IV

OF THE ASSIGNMENTS OF THE LEADERS

SECTION I

From the Executive Secretary

Art. 35. The Executive Secretary is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall action plan;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems affected to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that are committed to it by the Minister of State.

SECTION II

From the Public Defender General

Art. 36. To The Public Defender incumbent:

I-direct the Union Public Defensoria, superintender and coordinate its activities and guide the acting;

II-represent the Union Public Defensoria judicial and extrajudicially;

III-ensure compliance with the purposes of the Institution;

IV-integrate, as a born member, and chair the Higher Council of the Union Public Defensorship;

V-download the internal regiment of the Union Public Defensoria;

VI-authorize the departments of the members of the Union Public Defensoria;

VII-establish the lotion and the distribution of the members and servers of the Union Public Defensoria;

VIII-drive conflict of assignments between members of the Union Public Defensoria, with recourse to its Superior Council;

IX-profer decisions in the syndications and disciplinary administrative proceedings promoted by the Corregedorian-General of the Union Public Defensors;

X-initiate disciplinary proceedings against members and servers of the Union Public Defensors, on the recommendation of its Superior Council;

XI-open public tenders for admission to the Union Public Defender's career;

XII-determine corrections extraordinary;

XIII-practice acts of administrative, financial and personnel management;

XIV-convene the Higher Council of the Union Public Defensors;

XV-designate member of the Union Public Defensors for exercise of their assignments in acting bodies amusing that of their lotation, in exceptional character, in the face of Juízos, Courts or Ofices other than those established for each category;

XVI-requisite from any public authority and its agents certifying, examinations, perices, surveys, representations, processes, documents, information, clarifications and too much action necessary to the acting of the Defensoria Union public;

XVII-apply the penalty of compulsory removal, approved by the two-thirds vote of the Higher Council of the Union Public Defensoria, secured ample defence; and

XVIII-delegate assignments to the authority that is subordinate to it, in the form of the law.

SECTION III

Of the Secretaries and the Directors-General

Art. 37. To the Secretaries and the Directors-General it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of their respective Secretaries or Departments and to exercise other assignments that are committed to them in internal regiment.

SECTION IV

Of the remaining Leaders

Art. 38. To the Chief of Staff, the Legal Adviser, the Undersecretaries, the Directors, the Corregedor-General, the Presidents of Councils, the Coordinators-General, the Superintendents and the remaining leaders it is incumbent on planning, directing, coordinating and directing the execution of the activities of the respective units and to exercise other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 39. The internal regiments will define the detailing of the integral organs of the regimental structure, the competencies of the respective units and the assignments of their leaders.