DECREE NO. 4,053, OF December 13, 2001.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso VI, paragraph "a" of the Constitution,

DECRETA:

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

Art. 2th In deed of the provisions of the art. 1th, 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 Department of Management, of the Ministry of the Planning, Budget and Management, coming from extinct organs of the Federal Public Administration, to the Ministry of Justice, one of DAS 101.6; six DAS 101.5; eleven DAS 101.4; twenty-nine DAS 101.3; fifteen DAS 101.2; twenty-five DAS 101.1; one DAS 102.4; two DAS 102.3; six DAS 102.2; and nine DAS 101.1; and

II-from the Ministry of Justice to the Office of Management, the Ministry of Planning, Budget and Management, twelve FG-1; thirty-three FG-2; and eight FG-3.

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

Single paragraph. After the apostilaments, provided for in the caput of this article, 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, nominal relation of the holders of the posts in committee of the Grupo-Direction and Higher Advising?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 and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 This Decree shall enter into force on the date of its publication.

Art. 6th It is revoked the Decree No. 3,698, of December 21, 2000.

Brasilia, December 13, 2001; 180th of the Independence and 113th of the Republic.

FERNANDO HENRIQUE CARDOSO

José Bonifacio Borges de Andrada

Martus Tavares

ANNEX I

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 citizenship, rights of the child, adolescent, Indians and minorities;

IV? narcotics, public safety, transit, Federal Police, Road and Federal Railway and the Federal District;

V? defence of the rights of persons with disabilities and promotion of their integration to Community Life;

VI? defense of the national economic order and consumer rights;

VII? planning, coordination and administration of national penitentiary policy;

VIII? nationality, immigration and foreigners;

IX? ouvidoria-geral;

X? other than federal policemen's ouglance;

XI? legal, judicial and extrajudicial assistance, integral and free, to those in need, so considered in law;

XII? defense of the goods and of the union's own and the integral entities of the indirect Federal Administration; and

XIII? articulate, integrate and propose the actions of the government in the aspects related to the activities of repression of misuse, illicit trafficking and unauthorized production of narcotics and drugs that cause physical dependence or Psychic.

Chapter II

OF THE ORGANIZATIONAL STRUCTURE

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

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

a) Cabinet;

b) Executive Secretariat: and

1. Secretary of planning, Budget and Administration; and

2. National Department of Transit;

c) Legal Consultancy;

II? specific organs:

a) State Secretariat of Human Rights:

1. Executive Secretariat of the National Council on Women's Rights;

2. Department of Promotion of Human Rights; and

3. Department of the child and adolescent;

b) National Registry of Justice:

1. National Penitentiary Department; and

2. Department of Foreign Affairs;

c) National Office of Public Safety:

1. Department of Articulation of Integrated Police Actions; and

2. Department of Cooperation and Articulation of Public Security Actions;

d) Secretariat of Economic Law:

1. Department of Protection and Economic Defense; and

2. Department of Consumer Protection and Defense;

e) Registry of Legislative Affairs:

1. Department of Analysis and Legislative Drafting: and

2. Department of Studies and Legislative Monitoring;

f) Federal Police Department;

1. Judicial Directorate of Police Judiciary;

2. Corregedoria-General of Federal Police

3. Police Intelligence Directorate;

4. National Institute of Identification;

5. National Institute of Criminalistics;

6. National Police Academy;

g) Federal Highway Police Department; and

h) Public Defensors of the Union;

III? collegiate bodies:

a) Human Person Rights Defense Council;

b) National Council for Combating Discrimination;

c) National Criminal and Penitentiary Police Board;

d) National Transit Council;

e) National Council of Women's Rights;

f) National Council on the Rights of the Child and the Adolescent;

g) National Council of Public Security;

h) Federal Gestor Council of the Defense of DifusionRights Fund; and

i) National Board of the Rights of the Disability Carrier;

IV? linked entities:

a) Autarquia: Administrative Council of Economic Defense; and

b) Public Foundation: National Foundation Of The Indian.

Chapter III

OF THE COMPETECY OF THE ORGANS

Section I

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

Art. 3º To the Cabinet of the Minister compete:

I? to coordinate and develop the activities concernin the relationship of the Ministry of Justice 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 fulfillment to the queries and application formulated;

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

III? to coordinate and 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;

IV- provide for the official publication and dissemination of the subjects related to the ministry's area of acting; and

V? exercise other assignments that are committed to you by the Minister of State.

Art. 4º To 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 of the entities to it linked;

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

III? to 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. Does the Executive Secretariat exercise, still, the role of a 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, Planning and Federal Budget, Federal Accounting and Federal Financial Administration, through the Subsecretariat of Planning, budget and Administration, to it subordinate.

Art. 5º À Planning Undersecretariat, budget and Administration competes:

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

II? to promote the articulation with the central bodies of the systems of the feds, referred to in the previous incisit, and to inform and guide the Minister's bodies as to the fulfilment of the established administrative standards;

III? promote the elaboration and consolidation of the plans and programs of the activities of your area of competence and subject them to the top decision;

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

V? develop the budget, financial and accounting implementation activities within the Ministry; and

VI? conduct account takeovers of the expense payers 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 Ao National Transit department is to exercise the competencies established in art. 19 of Law No. 9,503, of September 23, 1997.

Art. 7º À Legal consulting competes:

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

II? to exercise the coordination of the activities of the legal bodies of the entities linked to the Ministry;

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? attend to the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effective, and of those arising from organs or entities under his legal coordination; and

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

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

b) the acts by which if it is going to recognize the unchargeability or decide the bidding dispensation.

Single paragraph. The Legal Consultancy, the administratively subordinate body to the Minister of State, still exercises the role of the sectoral organ of the Advocate General of the Union.

Section II

Of The Organs Specific Specifics

Art. 8º To the State Secretariat of Human Rights competes:

I? to promote and defend the rights of citizenship, child, adolescent, woman, person-bearer of disability, elderly, black and other minorities;

II? develop studies and propose measures regarding civil, political, social and economic rights, public freedoms, and the promotion of equal rights and opportunities;

III? act in partnership with the institutions that advocate for human rights;

IV? adopt measures of defense of collective and diffuse interests in articulation with the Public Prosecutor's Office;

V? formulate, standardize and coordinate, throughout the national territory, the policy of defending the rights of the child and adolescent, as well as providing support and advice to bodies and entities that carry out this policy;

VI? to enforce the Statute of the Child and Adolescent;

VII? articulate and coordinate the acting of the representative boards of the society on human rights, by providing the necessary logistical support services to the functioning of the Human Rights Council, the National Council of Women's Rights, the National Council on the Rights of the Child and the Adolescent and the National Council on the Rights of the Disability Portors;

VIII? coordinate and follow up on the implementation of the National Human Rights Program? PNDH, giving coherence to the sectoral policies of the various government areas on human right and citizenship, in articulation with civil society;

IX? to promote cooperation with international and foreign bodies on human rights;

X? coordinate the activities necessary for the grant of the Human Rights Award;

XI? exercise the function of Federal Central Authority on adoption matters;

XII? coordinate and supervise the implementation of the Voluntary Civil Service Programme;

XIII? administer and supervise the National Network for Human Rights;

XIV? promote the integration of the disabled person with a disability to community life;

XV? articulate, in every national territory, the formulation of policies to defend the rights of the disabled person, as well as to provide support and advice to the organs and to the executor entities of this policy;

XVI? exercise the function of Federal Central Authority against the international child kidnapping;

XVII? to promote the articulation, cooperation and integration of sectoral policies that guarantee full citizenship to victims or threatened witnesses; and

XVIII? coordinating and overseeing the implementation of the Victims Assistance Programs and Threatened Witnesses.

Art. 9º The Executive Board of the National Council of Women's Rights competes:

I? to subsidize the Board in formulating its work agenda;

II? promote the articulation and coordination of the Council's performance by providing the necessary logistical support services to their functioning;

III? implement the guidelines and decisions emanating from the Council;

IV? draw up, manage, implement, monitor and supervise the implementation of the Government Programs inherent in the activities of the Council; and

V? to refer to the proposed Secretary of State, approved by the Council, for the hiring of services and events necessary to the developments of their actions.

Art.10. To the Department of Human Rights Promotion competes:

I? attend the Secretary of State and the Deputy Secretary-General in the tract of matters involving the defence of human rights;

II? technically support the representative institutions of the community on the issues concerning human rights;

III? promote studies, research, and develop projects regarding the broadening and strengthening of the network of rights guarantees;

IV? encourage and propose the debate with views to legislative improvement in the promotion and protection of human rights;

V? manage and follow up on the execution of the National Human Rights program? PNDH, inclusive of the agreements, protocols and agreements signed for its implementation;

VI? to administer the National Network for Human Rights;

VII? promote and encourage public opinion awareness campaigns to create culture of human rights and citizenship, which encourage the participation of individuals and civil institutions in building the public order founded in respect to the laws and human rights;

VIII? develop activities that effectively promote equality and promote education actions for human rights and citizenship;

IX-coordinate government actions and measures that refer to the people carriers of disability;

X? stand up for the rights of the disabled person and promote their integration to community life;

XI? provide support and advice in the elaboration and decentralized implementation of the disability rights policy of the disabled person;

XII? manage and promote the dissemination of the information system concerning the issues of the disabled person;

XIII? coordinating and overseeing the implementation of the Victims Assistance Programs and Threatened Witnesses;

XIV? articulate and integrate the sectoral public policies within the federal framework that can contribute to socially promoting the victim or assisted witness, so as to enable her to fully exercise her citizenship;

XV? promote integration and cooperation with the federal and state security apparatus, as well as partnerships with civil society entities, with a view to ensuring the protection of victims and threatened witnesses; and

XVI? keep in absolute secrecy the information and data of the people who are entered into the protection system, adopting the indispensable security measures.

Art. 11. To the Department of the Child and Adolescent compete:

I? promote, stimulate, monitor and evaluate the implementation of the Child and Adolescent Status;

II? promote the process of decentralization of child care and adolescent in risk situation, as advocated in the Child and Adolescent Statute;

III? valorize and stimulate the adoption of sociopedagogical projects by the institutions of direct care to adolescents in conflict with the law;

IV? support the strengthening of the legal-social protection network to the child and adolescent;

V? promote the production, systematization and diffusion of information to the issues of the child and adolescent;

VI? carry out the activities inherent in the function of the Federal Central Authority on adoption;

VII? manage and promote the dissemination of the information system for childhood and adolescence;

VIII? to coordinate nationally the policy of promoting and advocating the rights of the child and adolescent, as well as ferment support for service and direct care programs to adolescents in conflict with the law; and

IX? advising the Secretary of State and the Deputy Secretary-General in the matters concerning the protection of the child and the adolescent.

Art. 12. To the National Registry of Justice compete:

I? forward to the National Criminal and Penitentiary Policy Council motions for resolution;

II? deal with the subjects related to the indicative classification of electronic games, public diversions and radio and television programs and recommend the age ranges and times of the same;

III? deal with the matters relating to nationality and naturalisation and the legal regime of foreigners;

IV? prosecute and refer to the competent bodies of interest of the judiciary, the Public Prosecutor's Office and Public Defensoria;

V? institute rogatory letters;

VI? institute of the processes of provement and vacancy of positions of magistrate of competence of the President of the Republic;

VII? opinionate on the solicitation, cassation and granting of public utility bonds, medals and on the installation of associations, societies and foundations on the national territory, in the area of their competence;

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

IX? qualify non-profit private law persons as Organizations of the Civil Society of Public Interest;

X? direct, negotiate and coordinate the studies concerning the right of integration and the activities of jurisdictional cooperation, in the international agreements in which Brazil is a party;

XI? coordinating the policy of justice, national on refugees;

XII? represent the Ministry in the National Council on Immigration;

XIII? to coordinate the policy of justice, through the articulation with the other federal bodies, Judiciary, Legislative Branch, Public Prosecution, State Governments, the International agencies and civil society organizations; and

XIV? plan and coordinate the national penitentiary policy.

Art. 13. To the National Penitentiary Department compete:

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? to technically assist the federative units in the implementation of the principles and rules of the criminal implementation;

IV? collaborate with federative units, upon congeniums, in the deployment of establishment and penal services;

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

VI? coordinate and supervise the federal penal and internment establishments;

VII? process, study and forward, in the form provided for in law, the requests for individual indulgents;

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

IX? supporting administrative and financially the National Council on Criminal and Penitentiary Policy.

Art. 14. To the Department of Foreign Affairs competes;

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

II? process, opinionate, and forward the matters related to the compulsory measures of expulsion, extradition and deportation;

III? instruct the processes relating to the transfer of inmates for sentence fulfillment in the country of origin, 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 Refugees? CONARE.

Art. 15. To the National Bureau of Public Safety competes:

I? advising the Minister of State on the definition, implementation and follow-up of the Policy and National Public Safety Plan;

II? attend the Minister of State in the matters concerning the public security organs of the states and the Federal District;

III? draw up proposals for legislation and regulation;

IV? follow up, throughout the national territory, the activities of the state bodies responsible for public safety;

V? promote the articulation and integration of actions concerning the crackdown on drug trafficking, unauthorized production and misuse of narcotic substances and drugs that cause physical or mental dependence;

VI? coordinating the national arms policy, respected the competences of the Ministry of Defence and Federal Police;

VII? propose integrated actions between the Federal Police Department, the Federal Highway Police Department, the organs of the National Public Safety System and the Registry of the Federal Revenue Ministry of the Ministry of Finance, with support from the Ministry of Defence, to contain the smuggling and the despath of goods and values, the theft and the reception of loads, the piracy and the smuggling of goods;

VIII? articulate and stimulate joint activities of the Federal Police Department, Federal Highway Police Department, Secretariat of the Federal Revenue Ministry, with the support of the Ministry of Defence, in the supervision and patrolling in the roads;

IX? administer the National Public Security Fund;

X? support, including financially, the empowerment of public safety area professionals;

XI? conduct studies and research relating to public safety;

XII? effectuate the cooperation and exchange of technical and operational experiences between the union, the states, the Federal District and the Municipalities;

XIII? support actions to modernize, retooling and restructure the country's police apparatus;

XIV? stimulate funding bodies to foster the modernization of the country's police apparatus;

XV? exercise, by its holder, the Ouvidor-General functions of federal policemen;

XVI? support and promote the deployment of the Community Police and integrated centers of citizenship in the states;

XVII? implement, maintain and modernize the National System of Justice and Public Safety Information? INFOSEG;

XVIII? consolidate national crime statistics; and

XIX? encourage and follow up with the acting of the Regional Public Safety Councils.

Art. 16. To the Department of Articulation of the Integrated Police Actions competes:

I? encouraging systematic actions to crackdown on drug trafficking by articulating the joint participation of the Federal Police Department, Federal Highway Police Department, Federal Revenue Office of the Ministry of Farm and too much organs of security of the states, with the support of the Ministry of Defense;

II? to propose strategies for surveillance and repression to inhibit the production and marketing of chemical precursors indispensable for obtaining the final drug and to combat the illicit trafficking of that substance;

III? propose lines of action to promote the implementation of the coordination of national arms policy;

IV? promote joint efforts of the Federal Police Department, Department of the Federal Road Police, the organs of the National Public Safety System and the Registry of the Federal Revenue Ministry of the Ministry of Finance, with support from the Ministry of Defence, to contain the smuggling and the despath of goods and values;

V? propose special operations in conjunction with the Federal Police Department, Federal Highway Police Department, the Secretariat of the Federal Revenue Ministry, with the support of the Ministry of Defence, aiming to extend the shares of patrolling on Brazilian roads, with strict cooperation of the public security organs of the states;

VI? articulate actions of combating piracy and smuggling, with the support of the Ministry of Defence in the Special Cores Of Maritime Police;

VII? articulate with the state Governments and the Judiciary Judiciary the timely fulfillment of all arrest warrants already expeded and not yet fulfilled;

VIII? to elaborate the mapping of highways with high indices of robberies and theft; and

IX? follow up on the activities developed by the state bodies of public safety and the Regional Public Safety Councils.

Art. 17. To the Department of Cooperation and Articulation of Public Security Actions competes:

I? draw up proposals for regulation and standardization regarding the implementation of the policy and the National Public Safety Plan;

II? manage, control and scrutinize the National Public Safety Fund? FNSP;

III? analyze, approve and follow up the projects of congeniums, funded with FNSP resources, and their respective account installments;

IV? analyze proposals for capacity-building and training of instructors and professionals from the public security area;

V? to review and standardize the curricula of the police academies, promoting their integration;

VI? conduct studies and research in public safety;

VII? identifying, documenting and disseminating innovative experiences in the field of public safety;

VIII? encouraging and promoting cooperation and international exchange in the field of public safety;

IX? support the states, including financially, in the implementation and maintenance of programs that promote the best integration between civil and military policemen, by harmonizing their respective territorial bases, communication systems and information and basic training, in addition to the decentralized common planning;

X? promote cooperation programs with states, aiming at the reschmaking, restructuring and modernization of the operational capability of their security organs;

XI? promote the modernization of the corregedemies of state policemen and technical-scientific services of public safety;

XII? support the creation and installation of police ouvidories and other external mechanisms of control of police activity;

XIII? promote the deployment of integrated centres of citizenship;

XIV? encourage and propose the implementation of the police and integrated centres of citizenship in the states;

XV? follow up on the activities developed by the state bodies of public safety and the Regional Public Security Councils;

XVI? promote events for the integration of public security organs;

XVII? implement, maintain and modernize the National System of Justice and Public Safety Information? INFOSEG;

XVIII? deploy database with criminal information and interest from public safety;

XIX? conduct annually nationwide victimization research; and

XX? standardize and consolidate national statistics of crimes and performance indicators of the organs responsible for public safety.

Art. 18. To the Bureau of Economic Law it is to exercise the competencies set out in the Laws No. 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 protection of the economic order, in the areas of competition and consumer protection;

II? adopt the measures of their competence necessary to ensure free competition, free enterprise and the free distribution of goods and services;

III? guide and coordinate actions with views to the adoption of protective measures and advocacy of free competition and consumers;

IV? prevent, ascertain and repress the infractions against the economic order;

V? to 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? to keep track of, permanently, the activities and commercial 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? guide the activities of planning, drafting and executing the National Consumer Protection Policy;

VIII? promote, develop, coordinate and supervise dissemination and awareness training activities of consumer rights;

IX? promote the necessary measures to ensure the rights and interests of consumers; and,

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

Art. 19. To the Department of Economic Protection and Defense it is up to the Bureau of Economic Law to support the Secretariat of Economic Law in the fulfillment of the competencies set out in Law No. 8,884, 1994, and in Law No. 9,021, 1995.

Art. 20. To the Department of Consumer Protection and Defense it is up to the Bureau of Economic Law in fulfilling the competencies set out in Law No. 8,078, 1990.

Art. 21 To the Registry of Legislative Affairs competes:

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

II? coordinate, in conjunction with the Legal Consultancy, to draw up decrees and other acts of a normative nature of interest of the ministry;

III? follow up on the tramway and 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 for Parliamentary Affairs of the Civil House of the Presidency of the Republic.

Art. 22. To the Department of Analysis and Legislative drafting competes:

I? to elaborate and systematize the bylaws and their exhibitions of reasons of interest from the other areas of the Ministry;

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

III? support commissions and special working groups that are for the purpose of drafting legislative propositions.

Art. 23. To the Department of Studies and Legislative Monitoring competes:

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

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

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

Art. 24. 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 Law No. 9,649 of May 27, 1998, and, specifically:

I? ascertaining criminal infraction against political and social order or to the detriment of goods, services and interests of the Union or of its municipal entities and public enterprises, as well as other infractions whose practice has interstate repercussion or international and demand uniform repression, second if it dispenses into law;

II? prevent and repress the illicit trafficking of narcotics and related drugs, the smuggling and dispath of goods and values, 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 policy;

IV? exercise, with exclusivity, the judicial police functions of the union;

V? to inhibit the turbocharging and possessory sling of the goods and of the union's own and the integral entities of the indirect federal Administration, without prejudice to the military Polices of the States by the maintenance of public order; and

VI? follow up and institute inquiries related to agrarian or fundiary conflicts and those arising from, when it comes to the crime of federal competence, how to prevent and suppress these crimes.

Art. 25. To the Directorate of Police Judiciary competes:

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

II? planning, coordinating, directing and executing police operations related to crimes whose practice has interstate or international repercussions and requires uniform repression, as laid out in law;

III? pass general rules of action regarding the prevention activities of crimes of competence of the Federal Police Department;

IV? to propose to the Director General inspections periodic inspections with the decentralized units of the Federal Police Department, within the framework of their competence; and

V? draw up specific guidelines of operational planning.

Art. 26. To the Corregedoria-General of Federal Police competes:

I? draw up guiding standards of judicial and disciplinary police activities;

II? guide the decentralized units in interpreting and complying with the legislation pertinent to the judicial and disciplinary police activities;

III? draw up the plans for periodic corrections;

IV? receive complaints or representations about misrepresentations committed by servers in exercise at the Federal Policy Department;

V? control, scrutinize and evaluate the work of the Discipline Commissions;

VI? collect statistical data from the judicial and disciplinary police activities; and

VII? ascertaining the irregularities and infractions committed by servers of the Federal Police Department.

Art. 27. To the Directorate of Police Intelligence competes:

I? planning, coordinating, directing and guiding the intelligence activities in matters of interest and competence of the Department;

II? compile, control, and analyze data, subjecting them to the General Director's appreciation for deliberation; and

III? plan and execute counterintelligence and anti-terrorism operations.

Art. 28. To the National Institute of Identification competes:

I? planning, coordinating, directing, guiding, controlling and executing the human identification activities relevant to preprocedural and judicial procedure, when requested by authority to compete;

II? centralize information and fingerprints of persons indicated in police inquiries or accused in criminal proceedings in the national territory and of foreigners subject to registration in Brazil;

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

IV? analyze the results of the identification activities, proposing, when necessary, measures for their improvement;

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

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

VII? issuing passports in conformities with the specific normatization of the Judiciary Directorate of Police.

Art. 29. To the National Institute of Criminalistics competes:

I? plan, coordinate, supervise, guide, control and perform the technical-scientific activities of examining vestiges in preprocedural and judicial procedure, when requested by authority to compete;

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

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

IV? promote the publication of informations related to your area of acting.

Art. 30. To the National Academy of Police compete:

I? carry out the recruitment and selection of candidates for registration in vocational training courses for admission to the Federal Police Career Positions;

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

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

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? promote the diffusion of doctrinal matter, information and studies on the evolution of police services and techniques; and

VI? establish exchange with the country's policing schools and foreign congenic organizations, objecting to the improvement and specification of police servers.

Art. 31. 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. 32. To the public defender of the union is to exercise the competences set out in the Supplementary Act No. 80 of January 12, 1994, and specifically:

I? promote, extrajudicially, the conciliation between the conflicting parties of interests;

II? sponsor private criminal action and the subsidiary of the public;

III? sponsor civil action;

IV? sponsor defense in criminal action;

V? sponsor defense in civil action and reconquered;

VI? acting as a Special Curator, in the cases provided for in law;

VII? exercise the defense of the child and adolescent;

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

IX? assure its assisted, in judicial or administrative proceedings, and the accused in general, the adversarial and the broad defence, with recourse and means to it inherent;

X? acting together with the Special Juized; and

XI? to sponsor the interests of the aggrieved consumer.

Section III

Of The Collegiate organs

Art. 33. The Defence Council for Human Rights is up to exercise the competences set out in Law No. 4,319 of March 16, 1964.

Art. 34. To the National Council to Combat Discrimination compete to propose, follow up and evaluate affirmative public policies of promoting equality and protecting the rights of individuals and social and ethnic groups affected by racial discrimination and too many forms of intolerance.

Art. 35. To the National Criminal and Penitentiary Policy Board competes:

I? to propose guidelines of criminal policy as to the prevention of the offence, administratio of the Criminal Justice and execution of the penalties and security measures;

II? contribute in the elaboration of national development plans, suggesting the goals and priorities of 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 criminology research;

V? draw up national penitentiary program of training and improvement of the server;

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

VII? to establish the criteria for the drafting of the criminal statistic;

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

IX? represent the Judge of Enforcement to the authority to establish syndication or administrative procedure, in the event of a violation of the standards regarding the criminal execution; and

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

Art. 36. To the national Transit Council? CONTRAN is to exercise the competencies established in art. 12 of Law No. 9,503, of 1997.

Art. 37. To the National Council on Women's Rights? CNDM it is up to exercise the competences set out in Law No. 7,353 of August 29, 1985.

Art. 38. To the National Council on the Rights of the Child and the Adolescent? CONANDA is to exercise the competences set out in Law No. 8,242 of October 12, 1991.

Art. 39. To the national Public Safety Council? CONASP competes:

I? formulate the National Public Safety 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? developing studies and actions aiming to increase the efficiency of police services by promoting the exchange of experience; and

V? study, analyse and suggest changes in the relevant legislation.

Art. 40. To The Federal Council Manager of the Defense Fund of the Difused Rights it is to exercise the competencies laid down in law No. 9,008 of March 21, 1995.

Art. 41. To the National Board of the Rights of the Disabled Person of Disability it is to exercise the competencies set out in Decree No. 3,298 of December 20, 1999.

Chapter IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

Of the Secretary for Human Rights Studies

Art. 42. To the Secretary of Human Rights it is incumbent on:

I? formulate and coordinate the human rights policy in the federal scope;

II? evaluate and supervise the implementation of the National Human Rights Program;

III? evaluate and supervise the areas of competence of the Secretariat of State;

IV? to exercise the function of authorising officer of the budget of the State Secretariat;

V? coordinate the articulation with the remaining areas of the Federal Government with views to the implementation of the National Human Rights Programme;

VI? direct, represent and guide the Secretary of State, velveting the fulfillment of its purposes;

VII? advising the Minister of State on human law;

VIII? exercise the functions of Ouvidor-General of the Republic; and

IX? exercise other assignments that are committed to you by the Minister of State.

Section II

From the Deputy Secretary of State for Human Rights

Art.43. To the Secretary of State for Human Rights is incumbent:

I? attend the Secretary of State in the supervision and coordination of the activities of the Departments and integral areas of the structure of the State Secretariat;

II? supervisor and coordinate, in conjunction with the Ministry's Executive Secretariat, the activities related to the federal planning and budget systems, of administrative organization and modernization, of administration of the resources of information and informatics, human resources and general services, within the framework of the Secretary of State;

III? to assist the Secretary of State in the definition of guidelines and in the implementation of the actions of the Bureau's area of competence;

IV? promote the articulation with the bodies of the structure of the Federal Government with a view to the deployment of the National Human Rights Programme; and

V? manage control systems and policy outcome indicators of the policies developed by the State Secretariat.

Section III

Of The Executive Secretary is incumbent:

Art. 44. The Executive Secretary is incumbent:

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

II? to supervise and evaluate the execution of the Ministry's projects and activities:

III? to supervise and coordinate 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 you by the Minister of State.

Section IV

Of The Public Defender General

Art. 45. To The Public Advocate-General incumbent:

I? direct the Union Public Defensoria, superintender and coordinate its activities and guide you to acting;

II? represent the Public Defensoria of the judicial Union 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 Rules of Public Defensors of the Union;

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

VII? to establish the lotion and distribution of the members and servers of the Union Public Defensore;

VIII? direct conflicts of assignments between members of the Union Public Defensoria, with recourse to its Superior Council;

IX? to profer decisions in the syndications and disciplinary administrative proceedings promoted by the Corregedoria-General of the Union Public Defensore;

X? to institute disciplinary proceedings against members and servers of the Union Public Defensoria, on the recommendation of its Superior Council;

XI? open Public tenders for admission to the career of Public Defender of the Union;

XII? determine extraordinary corrections;

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

XIV? convene the Higher Council of the Union Public Defensoria;

XV? appoint a member of the Union Public Defensors for exercise of their assignments in acting bodies diverse to those of their lotation, in exceptional character, before judgements, Courts or Ofices other than those established for each category;

XVI? request, from any public authority and its agents, certificates, examinations, perices, surveys, representations, processes, documents, information, clarifications and too much action necessary to the performance of the Union Public Defensorship;

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

XVIII? delegating assignments to the authority that is subordinate to you, in the form of the law.

Section V

Of Secretaries

Art. 46. To the Secretaries and the Director General of the Federal Police Department it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of their respective Secretaries or Department, and to exercise others assignments that are committed to them in internal regiment.

Single paragraph. It is also incumbent upon the Secretaries and the Director General of the Federal Police Department to exercise the assignments expressly delegated to them, admitted to the subdelegation to the directly subordinate authority.

Section VI

Of The Remaining Leaders

Art. 47. To the Chief of Staff of the Minister of State, to the Legal Adviser, to the Undersecretary, to the Executive Secretary of the National Council on Women's Rights, to the Directors, to the Director-General, to the Presidents of the Councils, to the Directors-General, to the Superintendents and the remaining leaders are 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. 48. The internal regiments will define the detailing of the integral organs of the regimental structure, the competences of the respective units and the tasks of the leaders.