DECREE NO. 5,948, OF October 26, 2006.

Approves the National Policy of Confronting the Trafficking of Persons and Institutes of Interministerial Working Group with the goal to draw up proposal of the National Plan of Confronting Trafficking in Persons-PNETP.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso VI, point (? a?, of the Constitution,

DECRETA:

Art. It is approved the National Policy of Confronting Trafficking of People, which has for purpose establish principles, guidelines and actions of prevention and repression of human trafficking and victims ' care, as per Annex to this Decree.

Art. 2nd Stay instituted, within the framework of the Ministry of Justice, the Working Group Interministerial with the purpose of drawing up proposal of the National Plan of Confronting Trafficking in Persons-PNETP.

Art. 3rd The Working Group will be integrated by a representative, holder, and alternate, from each body listed below:

I-Special Office of the Human Rights of the Presidency of the Republic;

II-Special Policies of Policies for Women, of the Presidency of the Republic;

III-Special Office of Equality Promotion Policies Racial of the Presidency of the Republic;

IV-Civil House of the Presidency of the Republic;

V-Ministry of Justice;

VI-Ministry of Social Development and Combat to Hunger;

VII-Ministry of Health;

VIII-Ministry of Labour and Employment;

IX-Ministry of Agrarian Development;

X-Ministry of Education;

XI-Ministry of Foreign Affairs;

XII-Ministry of Tourism;

XIII-Ministry of Culture; and

XIV-Advocacy-General of the Union.

§ First The Working Group will be jointly coordinated by the representatives of the Special Policies Office for Women, the Special Secretariat of Human Rights and of the Ministry of Justice.

§ 2nd Members of the Working Group will be nominated by the holders of the bodies represented and designated in joint portery of the Special Secretary for Policies for Women, the Special Secretary for Human Rights and the Minister of State for Justice.

§ 3rd The coordination of the Working Group will be able to invite representatives of other bodies and entities of the administration public and civil society to participate in its activities.

§ 4th The Public Prosecutor's Office Federal and the Public Prosecutor's Office will be invited to be part of the Working Group.

Art. 4th The Working Group will be able to institute commissions or thematic subgroups with the function of collaborating, in what couber, for the fulfillment of its assignments, systematizing the information received and subsidizing the drafting of the PNETP.

Art. 5th Compete to the Working Group:

I-promote the diffusion of the National Policy of Confronting the Trafficking of Persons to organs and entities government and nongovernmental, fomenting discussion to subsidize the drafting of the PNETP;

II-establish the methodology for the drafting of the proposal of the PNETP;

III-define the goals, priorities, and actions of the PNETP; and

IV-elaboration of the proposal of the PNETP.

Art. 6th The Special Policy Secretariat for Women, the Special Office of Human Rights and the Ministry of Justice will provide technical and administrative support to the Working Group.

Art. 7th The Working Group is expected to submit final report with a proposal from the PNETP to the Special Secretary of Policies for Women, the Special Secretary for Human Rights, and the Minister of State for Justice.

Art. 8th The Working Group will have a term of ninety days, from its installation, for completion of its proceedings, extended, for thirty more days, by the Secretary Policy Special for Women, by the Special Secretary for Human Rights and by the Minister of State for Justice, upon justification presented by the coordinators of the collegiate.

Art. 9th The participation in the Working Group is of relevant public interest and will not be remunerated.

Art. 10. This Decree comes into effect on the date of its publication.

Brasilia, October 26, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Márcio Thomaz Bastos

This text does not replace the one published in the DOU of 10/27/2006

ANNEX

POLITICS NATIONAL HUMAN TRAFFICKING CONFRONTING

CHAPTER I

GENERAL PROVISIONS

Art. 1st National Policy of Confronting Trafficking of Persons aims to establish principles, guidelines and actions of preventing and suppressing trafficking in persons and attention to victims, as per national standards and instruments and international human rights and the homeland legislation.

Art. 2nd For the effects of this Policy, does it adopt the expression? trafficking of people? as per the Additional Protocol to the United Nations Convention against Transnational Organized Crime Concerning the Prevention, Repression and Punishment of Trafficking of Persons, in particular Women and Children, which defines it as the recruitment, transportation, transfer, accommodation or the reception of persons, using the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of authority or the situation of vulnerability or the delivery or acceptance of payments or benefits to obtain consent from a person who has authority over another for purposes of exploitation. The holding shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, labour or forced services, slavery or practices similar to slavery, servitude, or removal of organs.

§ First The term? children? described in the caput should be understood as? child and adolescent?, according to the Law no 8,069, of July 13, 1990, Status of Child and Adolescent.

§ 2nd The term? rapto? described in the caput of this article should be understood as the conduct set out in art. 148 of the Decree-Law no 2,848, of December 7, 1940, Brazilian Criminal Code, concerning the kidnapping and private jail.

§ 3rd The expression? slavery or similar practices to slavery? should be understood as:

I-the conduct defined in art. 149 of the Decree-Law no 2,848, of 1940, concerning the reduction to the condition analogous to that of slave; and

II-the practice defined in art. 1st of the Supplementary Convention on the Abolition of Slavery, Trafficking in Slaves and Institutions and Practices Analogous to Slavery, as being the servile marriage.

§ 4th The intermediation, promotion or facilitation of recruitment, transportation, transfer, accommodation or the hosting of people for the purpose of exploitation also sets up human trafficking.

§ 5th O internal trafficking of persons is the one carried out within one same State-member of the Federation, or from one member state to another, within the national territory.

§ 6th The international trafficking of people is the one carried out between distinct states.

§ 7th The consent given by the victim is irrelevant to the setting up of human trafficking.

CHAPTER II

PRINCIPLES AND GUIDELINES

Section I

Principles

Art. 3rd Are guiding principles of the National Policy of Confronting Trafficking of People:

I-respect for the dignity of the human person;

II-non-discrimination by reason of gender, sexual orientation, ethnic or social origin, provenance, nationality, professional acting, race, religion, age range, situation migratory or other status;

III-protection and full assistance to the direct victims and indirect, regardless of nationality and collaboration in legal proceedings;

IV- promotion and guarantee of citizenship and human rights;

V-respect to treaties and international human rights conventions;

VI-universality, indivisibility and interdependence of human rights; and

VII-transversality of the gender dimensions, sexual orientation, ethnic or social origin, provenance, race and age range in public policies.

Single paragraph. The National Policy of Confronting Trafficking in Persons will observe the principles of the full protection of the child and adolescent.

Section II

Guidelines General

Art. 4th Are general guidelines of the National Policy of Confronting Trafficking of People:

I- strengthening of the federative pact, through joint and articulated acting of all spheres of government in the prevention and repression of human trafficking, as well as in the care and social reinsertion of victims;

II-foment to bilateral or multilateral international cooperation;

III-articulation with nongovernmental, national, and international organizations;

IV-network structuring of facing human trafficking, involving all spheres of government and civil society organizations;

V-strengthening of acting in the border regions, in ports, airports, highways, road and rail stations, and too many areas of incidence;

VII-verification of the condition of victim and their protection and care, abroad and in national territory, as well as their social reinsertion;

VIII-incentive and conducting research, considering the regional diversities, organization, and sharing of data;

IX-encouragement of training and empowerment of professionals for prevention and repression of human trafficking, as well as for the verification of the condition of victim and for the care and social reinsertion of the victims;

X-harmonization of legislations and administrative procedures in the federal, state and municipal spheres concerning the subject;

XI-incentive for civil society participation in instances of social control of public policies in the area of dealing with trafficking in persons;

XII-incentive to the participation of the class bodies and professional advice in the discussion on human trafficking; and

XIII-guarantee of access broad and adequate information in different media and establishment of channels of dialogue, between the state, society and the media, regarding the trafficking of persons.

Section III

Specific guidelines

Art. 5th Are specific guidelines of prevention to human trafficking:

I-implementation of preventive measures in public policies, in an integrated and cross-sectoral manner, in the areas of health, education, work, safety, justice, tourism, social assistance, rural development, sports, communication, culture, human rights, dAmong other;

II-support and realization of socio-educational and awareness campaigns in the international, national, regional and local ambit, considering the different realities and languages;

III-monitoring and evaluation of campaigns with the participation of civil society;

IV-support for social mobilization and strengthening of civil society; and

V-strengthening of the already existing projects and fosters the creation of new human trafficking prevention projects.

Art. 6th are specific guidelines of repression of human trafficking and accountability of their authors:

I-cooperation between national and international police bodies;

II-international legal cooperation;

III-secrecy of the judicial and administrative procedures, in the terms of the law; and

IV-integration with policies and actions of repression and accountability of the perpetrators of crime correports.

Art. 7th Saint-specific guidelines of attention to victims of human trafficking:

I-protection and legal, social and health assistance to the direct and indirect victims of human trafficking;

II-consular assistance to the direct and indirect victims of human trafficking, regardless of their migratory situation and occupation;

III-reception and provisional shelter of the victims of human trafficking;

IV-social reinsertion with the guarantee of access to education, culture, vocational training and the work to victims of trafficking in persons;

V-family and community reinsertion of child and adolescent victims of trafficking in persons;

VI-attention to the specific needs of the victims, with special attention to issues of gender, sexual orientation, ethnic or social origin, provenance, nationality, race, religion, age group, migration situation, professional acting or other status;

VII-protection of intimacy and identity of the victims of human trafficking; and

VIII-surveying, mapping, updating, and dissemination of information about government institutions and nongovernmental situated in Brazil and abroad that provide assistance to victims of human trafficking.

CHAPTER III

actions

Art. 8th In the implementation of the National Policy of Confronting the Trafficking of Persons, it will be up to the public bodies and entities, within the framework of their respective competences and conditions, to develop the following actions:

I-in the area of Justice and Public Safety:

a) provide humanized initial care for victims of trafficking of people returning to the Country in the condition of deported or not admitted to the airports, ports and entry points on land routes;

b) elaborate intergovernmental proposal for further improvement of Brazilian legislation concerning the trafficking of persons and crimes correlates;

c) fostering cooperation between federal, state and municipal bodies connected to public safety for articulated acting in the prevention and repression of human trafficking and accountability of its authors;

d) propose and encourage the adoption of the subject of human trafficking and human rights in the training curricula of public safety practitioners and operators of the Right, federal, state and municipal, for empowerment, when of the ingress in the institution and in a continuing manner, for the facing of this type of crime;

e) strengthen existing budget headings and create others geared towards the training of public safety and justice professionals in the area of dealing with trafficking of persons;

f) to include in the specific structures of police intelligence the investigation and suppression of human trafficking;

g) create, in the Department's Regional Superintendences of Federal Police and the Federal Highway Police, specific structures for the trafficking of persons and other crimes against human rights;

h) promote the rapprochement of public safety practitioners and operators of the Right with civil society;

i) enter into cooperation agreements with civil society organizations that act on the prevention of human trafficking and in the service of the victims;

j) to promote and encourage, in a permanent way, courses of update on human trafficking, for members and servers of the organs of justice and public safety, preferably through their formation institutions;

l) articulate the various branches of the Public Prosecutor's Office of the States and of the Union, of the State Magistracy and the Federal and the bodies of the system of justice and public safety;

m) organize and integrate the banks of existing data in the area of dealing with trafficking in persons and correlates areas;

n) enter into technical cooperation agreements with public and private entities to subsidize judicial and extrajudicial acting;

o) to include the subject of human trafficking in the courses of combating money laundering, drug and arms trafficking and other crimes correports;

p) develop, in a national framework, mechanisms for prevention, investigation and repression of human trafficking committed with the use of the worldwide computer network, and consequent accountability of its authors; and

q) include the possible relationship between the disappearance and trafficking of people in police surveys and investigations;

II-in the area of Foreign Relations:

a) propose and draw up instruments of international cooperation in the area of the trafficking of persons;

b) initiate ratification processes of international instruments referring to trafficking in people;

c) enter in the Consular and Legal Service Manual of the Ministry of Relations Exteriors a specific chapter of consular assistance to victims of human trafficking;

d) to include the subject of human trafficking in the removal courses offered to the servers of the Ministry of Foreign Affairs;

e) promote the coordination of policies regarding the trafficking of people in international forums bilateral and multilateral;

f) propose and support projects of international technical cooperation in the area of dealing with trafficking in persons;

g) coordinate and facilitate participation Brazilian at international events in the area of dealing with trafficking in persons; and

h) strengthen consular services in the advocacy and protection of victims of human trafficking;

III-in the area of Education:

a) enter into agreements with educational and research institutions for the development of studies and researches related to human trafficking;

b) to include the issue of human trafficking in the actions and resolutions of the National Education Development Fund of the Ministry of Education (FNDE/MEC);

c) support the implementation of programs and projects of prevention of trafficking in persons in schools;

d) to include and develop the theme of faced with trafficking in people in the continuing education community formations, in particular education workers;

e) promote inter-sectoral education and human trafficking prevention programs for all actors involved; and

f) fostering human rights education with emphasis on the trafficking of people in all modalities of teaching, including in higher education;

IV-in the area of Health:

a) ensure full attention to the victims of human trafficking and potentialize existing services within the framework of the Single Health System;

b) follow up and systematize the relative compulsory notifications to the trafficking of persons on suspicion or confirmation of mistreatment, violence and aggravation by external causes related to the work;

c) propose the elaboration of specific protocols for the standardization of care for victims of trafficking of persons; and

d) empower health workers in the area of care for victims of trafficking in persons;

V-in the area of Social Assistance:

a) offer full assistance to victims of trafficking in persons within the Single Social Assistance System;

b) to propitiate the reception of victims of trafficking, in articulation with health systems, security and justice;

c) empower the operators of social assistance in the area of care to victims of trafficking in persons; and

d) support the implementation of programs and projects of specific care for victims of human trafficking;

VI-in the area of Promotion of the Racial Equality:

a) ensure the insertion of the perspective of the promotion of racial equality in the government policies of confronting human trafficking;

b) support the experiences of promoting racial equality undertaken by Municipalities, states and civil society organizations aimed at the prevention of human trafficking and victims ' care; and

c) promote the achievement of studies and research on the profile of victims of human trafficking, with an emphasis on the black population and other ethnic segments of the Brazilian population;

VII-in the area of the Work and Employment:

a) guide employers and union entities on connected aspects to the recruitment and displacement of workers from one locality to another;

b) scrutinize the recruitment and displacement of workers for diverse locality of the Municipality or State of origin;

c) promote articulation with professionalizing entities aiming to empower and reinsert the victim into the labour market; and

d) adopt measures with seen to optimize the surveillance of those enrolled in the Cadastros of Employers That Have Maintained Workers in Anadable Conditions to de Slave;

VIII-in the Development area Agrarian:

a) decrease the worker's vulnerability and prevent recruitment by specific policies in the area of rural development;

b) promote jointed actions with partners who act in the home states of the recruited workers;

c) form partnerships on what tange to technical assistance to advance the implementation of the National Technical Assistance Policy and Rural Extension;

d) exclude from participation in licitatory certames and restrict access to rural credit resources to all physical or legal persons exploiting forced labour or in a condition analogous to de slave;

and) promote the reinclusion of freed workers and of Rescue of citizenship by setting up a specific line, in partnership with the Ministry of Education, for literacy and training of the rescued workers, so that they can act as multiplier agents for the eradication of work forced or from work in a condition analogous to that of slave; and

f) encouraging states, Municipalities and too many partners to welcome and provide specific support to the freed workers by means of technical capacity-building;

IX-in the area of Human Rights:

a) protect victims, defendants collaborators and witnesses of human trafficking crimes;

b) receive complaints of trafficking from persons through the national disc service, giving the respective forward;

c) include specific actions on the trafficking of people and strengthen existing actions in the framework of violence prevention programs and guaranteed rights;

d) provide protection to the practitioners who act on the trafficking of people and who, depending on their activities, are threatened or find themselves in a risky situation;

e) include the theme of human trafficking in the capacitys of the Child and Adolescent Rights Councils and Tutelary Councils;

f) articulate joint actions of dealing with trafficking of children and adolescents in border regions;

g) promote, in partner with the directly responsible bodies and entities, prevention to slave labour, by raising awareness of law operators, guidance to rural producers about the labour rights, education and empowerment of rural workers; and

h) making access mechanisms available to rights, including basic documents, preferably in the Municipalities identified as labor-grooming seals for slave labor;

X-in the area of Protection and Promotion of Women's Rights:

a) to qualify the professionals of the network of care for the woman in a situation of violence for the care of the trafficked woman;

b) encouraging the provision of women's care services trafficked in the Women's Call for Violence Reference Centers;

c) support and encourage professional qualification programs and projects, generation of employment and income that have as beneficiary direct beneficiaries trafficked;

d) foment debates on structuring issues favoring human trafficking and relative to the gender discrimination;

and) promote intersetorial articulation actions targeting insertion of the gender dimension in basic, assistive and special public policies;

f) support programs, projects and actions of non-sexist education and promotion of diversity in the professional and educational environment;

g) participate in the capacity-building targeting to ensure gender-themed; and

h) promote, in partnership with governmental and nongovernmental organizations, debates on methods of care for trafficked women;

XI-in the area of Tourism:

a) to include the topic of human trafficking, in particular women, children and adolescents in the capacity-building and training events directed at the productive chain of tourism;

b) cross the data from the diagnostics made in the Municipalities to guide development plans local tourism through the regionalization program; and

c) promote campaigns of raising awareness against sexual tourism as a form of prevention to trafficking in persons;

XII- in the area of Culture:

a) develop cultural projects and actions with a focus on prevention to trafficking in persons; and

b) fostering and stimulating cultural activities, such as programs regional radio, parts and other programs conveyed by broadcasters, which can raise awareness of the population with respect to human trafficking, slave labour and sexual exploitation, respected regional characteristics.