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Decree No. 7053, 23 December 2009

Original Language Title: Decreto nº 7.053, de 23 de Dezembro de 2009

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DECREE NO. 7,053 OF December 23 DE 2009.

Institutes the Policy National for the Population in Street Situation and its Intersetorial Monitoring and Monitoring Committee, and gives other arrangements.

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. 1st is instituted the National Policy for the Population in Street Situation, to be implemented accordingly with the principles, guidelines and objectives set out in this Decree.

Single paragraph. For the purposes of this Decree, it is considered population in street situation the heterogeneous population group that possesses in common extreme poverty, broken or fragilized family links and the non-existence of regular conventional housing, and that uses public lograds and degraded areas as housing and livelihood space, in a temporary or permanent way, as well as the host units for temporary overnight or as interim housing.

Art. 2nd National Policy for the Population in Street Situation will be implemented in a decentralized manner and articulated between the Union and the remaining federative ones that it adheres to by means of its own instrument.

Paragraph single. The instrument of accession shall define the assignments and responsibilities to be shared.

Art. 3rd Federation's entes who join the National Policy for Population in Street situation should institute intersectoral managers ' committees, integrated by representatives of the areas related to the population's fulfillment in street situation, with the participation of forums, movements and representative entities of that segment of the population.

Art. 4th The Federal Executive Power will be able to firm up with public and private, not-for-profit entities for the development and execution of projects that benefit the population in street situation and are in accordance with the principles, guidelines and objectives that guide National Policy for the Population in Street Situation.

Art. 5th Are the principles of National Policy for the Population in Street Situation, in addition to equality and equity:

I-respect for the dignity of the human person;

II-right to familial and community-free coexistence;

III-valorisation and respect to life and citizenship;

IV-humanized and universalized fulfillment; and

V-respect to social conditions and differences of origin, race, age, nationality, gender, sexual orientation and religious, with special attention to people with disabilities.

Art. 6th are guidelines of the National Policy for the Population in Street Situation:

I-promotion of civil rights, political, economic, social, cultural and environmental;

II-responsibility of power public for their elaboration and funding;

III-articulation of public policies federal, state, municipal, and the Federal District;

IV-integration of policies public at each level of government;

V-integration of the efforts of public power and the civil society for its execution;

VI-participation of civil society, by means of entities, forums and organizations of the population in street situation, in the elaboration, monitoring and monitoring of public policies;

VII-incentive and support for the organization of the population in street situation and for their participation in the various instances of formulation, social control, monitoring and evaluation of the public policies;

VIII-respect for the singularities of each territory and the harnessing of local and regional potentials and resources in the elaboration, development, monitoring and monitoring of public policies;

IX-implantation and extension of educational actions aimed at overcoming prejudice, and empowerment of public servants for improvement of quality and respect in the care of this population group; and

X-democratization of the access and fruition of the spaces and public services.

Art. 7th Are the objectives of the National Policy for the Population in Situation of Street:

I-ensuring broad, simplified and secure access to services and programs that integrate public health policies, education, welfare, welfare, housing, security, culture, sport, leisure, work and income;

II-guarantee the formation and permanent empowerment of professionals and managers for acting in the development of intersectoral public policy, transversal and intergovernment directed at people in street situation;

III-institute the count officer of the population in street situation;

IV-produce, systematize and disseminate data and social, economic and cultural indicators on the existing network of public service coverage to the population in street situation;

V-develop permanent educational actions that contribute to the formation of culture of respect, ethics, and solidarity among the population in street situation and the remaining groups social, so as to reshoise the observance of human rights;

VI-encouraging the research, production and dissemination of knowledge about the population in street situation, contemplating human diversity in all its ethnic-racial, sexual, gender, and generational breadth, in the diverse areas of knowledge;

VII-implantation human rights centers for the population in street situation;

VIII-encouraging the creation, dissemination and provision of communication channels for the receipt of complaints of violence against the population in street situation, as well as from suggestions for the improvement and improvement of public policies aimed at this segment;

IX-provide people's access in street situation to the previdionary and assistive benefits and to the income transfer programs, in the form of the specific legislation;

X-create means of articulation between the Single Social Assistance System and the Single Health System to qualify the offer of services;

XI-adopt basic standard of quality, safety and comfort in structuring and restructuring the temporary reception services, according to the provisions of the art. 8o;

XII-implement specialized reference centers for population care in street situation, within the framework of the special social protection of the Single System of Social Assistance;

XIII-implement sufficient food and nutritional security actions to provide permanent access to food by the population in street situation to food, with quality; and

XIV-making professional qualification programmes available to the people in street situation, with the aim of propitiating your access to the labour market.

Art. 8th The basic standard of quality, safety and comfort of the temporary host network is expected to observe capacity limit, rules of operation and coexistence, accessibility, salubrity and geographical distribution of the host units in urban areas, respected the right to stay of the population in street situation, preferably in cities or in urban centres.

§ First temporary hosting services will be regulated nationally by the instances of pactuation and deliberation of the Single Social Assistance System.

§ 2nd A structuring and restructuring of host services should have as a reference the need for each Municipality, considering the data of the population count surveys in street situation.

§ 3rd It is up to the Ministry of Social Development and Combat to the Famine, via the National Office of Social Assistance, to foster and promote the restructuring and extension of the host network from the transfer of resources to the Municipalities, States and Federal District.

§ 4th The existing temporary host network is to be restructured and extended to encourage its use by people in street situation, including by its articulation with popular housing programs promoted by the Federal, state, municipal, and Federal District governments.

Art. 9th It is instituted the Intersetorial Monitoring and Monitoring Committee of National Policy for the Population in Street Situation, integrated by representatives of civil society and by a representative and respective deputy of each body described below:

Special Human Rights Office of the Presidency of the Republic, which will coordinate it;

II-Ministry of Social Development and Combat to the Famine;

III-Ministry of Justice;

IV-Ministry of Health;

V-Ministry of Education;

VI-Ministry of Cities;

VII-Ministry of Labour and Employment;

VIII-Ministry of Sports; and

IX-Ministry of Culture.

§ 1st civil society will have nine representatives, holders and alternates, being five of nationwide organizations of the population in street situation and four of entities that have as their purpose the work with the population in street situation.

§ 2nd The members of the Intersetorial Committee on Monitoring and Monitoring National Policy for the Population in Street Situation will be indicated by the holders of the bodies and entities which they represent and designated by the Special Secretary for Human Rights of the Presidency of the Republic.

Art. 10. The Intersetorial Monitoring and Monitoring Committee on National Policy for Population in Street Situation will have the following attributions:

I-draw up periodic action plans with the detailing of the implementation strategies of the National Policy for Population in Street Situation, especially as to the targets, objectives and responsibilities, considering the proposals drawn up by the Interministerial Working Group established by the Decree of October 25, 2006;

II-follow and monitor the development of the National Policy for the Population in Street Situation;

III-develop, in conjunction with the competent federal bodies, indicators for the monitoring and evaluation of the actions of the National Policy for the Population in Street Situation;

IV-propose measures that ensure the intersectional articulation of federal public policies for population care in street situation;

V-propose shapes and mechanisms for the dissemination of National Policy for Population in Street Situation;

VI-instituting thematic working groups, in particular to discuss the social disadvantages to which the population in street situation has been submitted historically in Brazil and analyzing forms for their inclusion and social compensation;

VII-follow-up states, the Federal District and the Municipalities in the implementation of the National Population Policy in Street Situation, in local scope;

VIII-organize, periodically, national encounters to evaluate and formulate actions for the consolidation of Politics National for the Population in Street Situation; and

IX-deliberating on the manner of driving the your works.

Art. 11. The Intersectoral Committee on Monitoring and Monitoring National Policy for the Population in Street Situation will be able to invite managers, experts and representatives of the population in street situation to participate in their activities.

Art. 12. Participation in the Intersectional Monitoring and Monitoring Committee of National Policy for Population in Street Situation will be considered relevant, unpaid public service provision.

Art. 13. The Brazilian Institute of Geography and Statistics-IBGE and the Foundation of Applied Economic Research-IPEA will provide the necessary support to the Intersectoral Committee on Monitoring and Monitoring National Policy for the Population in Street Situation, within the framework of their respective competences.

Art. 14. The Special Office for Human Rights of the Presidency of the Republic will give technical-administrative support and provide the means necessary for the implementation of the proceedings of the Intersectoral Monitoring and Monitoring Committee on National Policy for the Population in Street Situation.

Art. 15. The Special Secretary for Human Rights of the Presidency of the Republic will establish the National Human Rights Defense Center for Population in Street Situation, intended to promote and defend their rights, with the following attributions:

I-publicize and encourage the creation of services, programs and communication channels for denunciations of mistreatment and for the receipt of suggestions for policies aimed at the population in street situation, guaranteed the anonymity of whistleblowers;

II-support the creation of human rights centers for population in street situation, in local scope;

III-producing and disseminating knowledge on the subject of the population in street situation, contemplating diversity human in all its ethnic-racial, sexual, gender, and generational breadth in the various areas;

IV-disseminate social, economic and cultural indicators on the population in street situation to subsidize public policies; and

V-researching and accompanying the proceedings instituted, the decisions and punishments applied to those charged with crimes against the population in street situation.

Art. 16. This Decree comes into effect on the date of its publication.

Brasilia, December 23, 2009; 188th of the Independence and 121st of the Republic

LUIZ INACIO LULA DA SILVA

Tarso Genro

Fernando Haddad

André Peixoto Figueiredo Lima

José Gomes Tembasement

Patrus Ananias

João Luiz Silva Ferreira

Orlando Silva de Jesus Junior

Strong Marcio of Almeida

Dilma Rousseff