Key Benefits:
DECREE NO. 5,366 OF February 3, 2005
Promulgates the Agreement between the Government of the Federative Republic of Brazil and the Portuguese Republic on the Exercise of Paid Activities by Part of the Diplomatic, Consular, Administrative, Technical and Support or Service Personnel, celebrated in Brasilia, on September 5, 2001.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers the art. 84, inciso IV, of the Constitution, and
Whereas the Government of the Federative Republic of Brazil and the Government of the Portuguese Republic concluded in Brasilia on September 5, 2001, an Agreement on the Exercise of Paid Activities by Dependents on Diplomatic, Consular, Administrative, Technical, and Support or Service Personnel Dependents;
Whereas the National Congress has approved this Agreement through Legislative Decree paragraph 777 of October 20, 2004;
Considering that the Agreement entered into force on November 28, 2004, pursuant to its Article 11;
DECRETA:
Art. 1º The Agreement between the Federative Republic of Brazil and the Portuguese Republic on the Exercise of Paid Activities by Dependents of Diplomatic, Consular, Administrative, Technical and Support or Service Personnel, firming in Brasilia, 5 of september 2001, aped 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 review of the said Agreement, as well as any further adjustments which, under the art. 49, inciso I, of the Constitution, carries gravy charges or commitments to the national heritage.
Art. 3º This Decree takes effect on the date of its publication.
Brasilia, 3 of February 2005; 184º of Independence and 117º of the Republic.
LUIZ INACIO LULA DA SILVA
Samuel Pinheiro guimarães neto
The Federative Republic of Brazil
and
The Portuguese Republic
(henceforth named "Parties"),
Considering the internship particularly high understanding and existing understanding between the two countries; and
In the aim of establishing new mechanisms for the strengthening of their diplomatic relations,
Wake up, on the basis of the principle of reciprocity, the following:
ARTICLE 1
Authorization to Exercise Paid Activity
1. The dependents of the members of the diplomatic staff, the Repartition or the consular post, the administrative and technical staff and the service personnel or support of the diplomatic and consular missions of Brazil in Portugal and Portugal in Brazil will be able to receive permission to exercise paid activity in the receiving State, without prejudice to the national laws regulating access to certain occupations by foreign nationals and once the respective authorisation has been obtained under the present Agreement. The benefit under consideration will also extend to those dependents of Brazilian or Portuguese nationals respectively accredited to international organizations based in Portugal and Brazil.
2. For the purposes of this Agreement, "members of the diplomatic staff, of the Repartition or consular post, of the administrative and technical staff and of the service or support staff" means any employee of the believing State (who is not a national or permanent resident in the State receiver) in a diplomatic Mission, Breakdown, or Posto consular.
ARTICLE 2
Dependents
For the purposes intended in this Agreement, they understand themselves by dependents:
a) spouse or companion (a) permanent, person with whom living in bonding in fact, recognized as such in the conditions and deadlines set forth in the legislation of the receiving State;
b) minor single children of 21 years;
c) single children under 25 years of age, who are studying, on a full-time degree, at universities or higher education centres recognized by each state;
d) children singles with physical or mental disabilities.
ARTICLE 3
Qualifications
There will be no restrictions on the nature or class of employment that it can perform. It is understood, however, that in the professions or activities requiring authorization or special qualifications of the class professional Boards, it will be necessary for the dependant to comply with the standards governing the exercise of such professions in the Receiver state. The provisions of this Agreement do not imply recognition, by the other Party, of securities for the purpose of the exercise of paid activities. The authorization for the exercise of paid activities may be denigrated in cases where, by virtue of the legislation of each country, they may only be national employees of the receiving State.
ARTICLE 4
Procedures
The application for authorization for the exercise of a paid activity will be carried out by the respective diplomatic mission upon a verbal note, before the Ministry of Foreign Affairs of the Brazil or Ministry of Foreign Affairs of Portugal. Of this application should appear in not only the supporting documents of the existing relationship between the person concerned and the employee of which that is dependent, but also information on the paid activity he wishes to exercise. Once proven that the person for whom permission is requested falls within the categories defined in this Agreement, the Brazilian Ministry of Foreign Affairs or the Ministry of Foreign Affairs of Portugal, as the case may be, will immediately and officially inform the Embassy of the State believing that the dependant has been allowed to work, subject to the relevant regulation of the receiving State.
ARTICLE 5
Civil immunity and Administrative
A dependent who pursues paid activities under this Agreement shall not enjoy immunity from civil or administrative jurisdiction in the face of actions against him imposed on acts or contracts related directly to the performance of such activities.
ARTICLE 6
Penal Immunity
In the case where a dependent enjoys immunity from criminal jurisdiction in compliance with the Vienna Conventions on Diplomatic or Consular Relations or any other international instrument on the matter and is charged with a wrongdoing committed in relation to its work, the believing state will seriously consider the entire written petition filed by the receiving State requesting the waiver of the said immunity.
ARTICLE 7
Social Welfare Tax Regime
The dependant that develops paid activities in the receiving State will be subject to applicable legislation in tax and social welfare matters with regard to the exercise of the said activities.
ARTICLE 8
Authorization Period period
The authorization for the exercise of a paid activity will expiate on the date the diplomatic or consular agent, administrative, technical, service or support officer of which emanates the dependency terminates its functions before the government or international organization in which it is found to be accredited.
ARTICLE 9
Amendments
Amendment to this Agreement should be forwarded by the diplomatic channels. Such amendments shall enter into force the procedures laid down in Article 11º.
ARTICLE 10
Vigance
This Agreement will remain in force for an indefinite period. Both Parties will be able to express, at any time, by diplomatic means, their intention to denounce this Agreement. In this case, the complaint will take effect six months after the receipt of the notification.
ARTICLE 11
Entry into Vigor of the Agreement
This Agreement shall enter into force in the thirtieth day after the date of the last notification, by diplomatic means, giving account that the constitutional procedures required for the respective approval in their internal legal order have been fulfilled.
In faith of what, the undersigned, duly authorized by their Governments, signed this Agreement.
Made in Brasília, on September 5, 2001, in two original copies, in the Portuguese language, being both texts being similarly authentic.
BY THE FEDERATIVE REPUBLIC OF BRAZIL
CELSO LAFER
Minister of State for Foreign Relations
BY THE PORTUGUESE REPUBLIC
JAIME GAMA
Minister of State and Foreign Affairs
