DECREE NO. 5,919, OF October 3, 2006.

Promulga the Inter-American Convention on the Enforcement of Penal Sentences abroad, completed in Managua, in 9 of June 1993, with reservation to the first part of paragraph 2nd of Article VII, concerning the reduction of periods of imprisonment or alternative fulfillment of the penalty.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, with reservation, the text of the Inter-American Convention on the Enforcement of Penal Sentences Abroad, completed in Managua, on June 9, 1993, through the Legislative Decree no 293, July 12, 2006;

Considering that the Brazilian Government ratified the cited Convention on April 26, 2001;

Whereas the Convention entered into international force on April 12, 1996, and for Brazil on May 26 of 2001;

DECRETA:

Art. 1st The Inter-American Convention on the Enforcement of Penal Sentences Abroad, completed in Managua, on June 9, 1993, apensa by copy to the present Decree, will be executed and complied with as entirely as it contains, with reservation to the first part of paragraph VII of Article VII, concerning the reduction of periods of imprisonment or alternative performance of the penalty.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Convention or that carries charges or written commitments to the national heritage, pursuant to the art. 49, inciso I, of the Constitution.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, October 3, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the D.O.U. of 10/4/2006.

INTERAMERICAN CONVENTION ON THE FULFILLMENT OF SENTENCES

PENAL ONES ABROAD

The Member States of the Organization of American States,

Whereas one of the essential purposes of the Organization of American States is, in accordance with Article 2 (e) of the OAS Charter,? search for the solution of the problems political, legal and economic that arise between the Member States?;

Animated from the desire to cooperate in order to ensure better administration of justice by the social rehabilitation of the sentenced person;

Persuadides that, for the fulfillment of these goals, it is convenient that one can grant the sentenced person the opportunity to serve their sentence in the country of which it is national; e

Convinced that the best way to obtain these results is upon transfer of the person sentenced,

Resolve to approve the following Inter-American Convention on the Compliance of Penal Sentences abroad:

ARTICLE I

Definitions

For the effects of this Convention, it will be understood by:

1. Sentencer state: the State Party from which the sentenced person has to be transferred.

2. Receiver state: the State Party for which the sentenced person has to be transferred.

3. Sentence: the final judicial decision upon which to impose itself on a person, as a penalty for the practice of an offence, the deprivation of liberty or the restriction of it, in a regime of guarded freedom, penalty of conditional execution or other forms of supervision without detention. It is understood that a sentence is final if it is not pending ordinary appeal against the conviction or sentence in the Sentencer State, and if the deadline for appeal is due to expire.

4. Person sentenced: the person who, in the territory of one of the States Parties, comes to comply or is serving a sentence.

ARTICLE II

General principles

From compliance with the provisions of this Convention:

a) the sentences imposed in one of the States Parties to nationals of another State Party may be complied with by the person sentenced in the State of which it is national; and

b) the States Parties undertake to provide the broadest cooperation in the respect of transfer of sentenced people.

ARTICLE III

Conditions for the application of the Convention

This Convention will apply solely under the following conditions:

1. That there is a firm and definitive sentence in the manner in which it was defined in Article I, paragraph 3 of this Convention.

2. That the sentenced person expressly agrees with the transfer, having previously been informed about the legal consequences of it.

3. That the act by which the person has been convicted set up offence also in the receiving State. For this purpose, the differences in denomination or those that do not affect the nature of the offence shall be taken into account.

4. Let the sentenced person be national of the receiving State.

5. That the penalty to be fulfilled is not a death penalty.

6. That the duration of the penalty yet to be fulfilled is, at the time of the solicitation, of at least six months.

7. That the application of the sentence is not contradictory to the internal legal planning of the receiving State.

ARTICLE IV

Prestation of Information

1. Each State Party shall inform regarding the content of this Convention any sentenced person who is understood to be in the provisions of it.

2. The States Parties shall keep informed the person sentenced regarding the tramite of their transfer.

ARTICLE V

Procedure for the Transfer

The transfer of the sentenced person from one state to another will be subject to the following procedure:

1. The tramite could be promoted by the sentencer state or the receiving state. In both cases, it is required that the person sentenced there be expressed their consent or, when it is fit, formulated the solicitation.

2. The transfer request will be tramped through the central authorities indicated as per Article XI of this Convention or, in the absence of this by the diplomatic or consular route. In accordance with its domestic law, each State Party shall inform the authorities that it considers necessary regarding the content of this Convention. In addition, it will seek to create mechanisms for cooperation between the central authority and the remaining authorities that should intervene in the transfer of the sentenced person.

3. If the sentence has been handed down by a State or province with independent criminal jurisdiction of the Federal Government, it shall apply for the application of this transfer procedure for the approval of the respective state or province.

4. In the solicitation of transfer, information shall be provided which believes the fulfilment of the conditions laid down in Article III.

5. Prior to the transfer, the sentencer State will allow the receiving State to verify, if so desired and by means of an employee by this designate, if the sentenced person has given his consent with full knowledge of the legal consequences of the same.

6. When deciding on the transfer of a sentenced person, States Parties will be able to consider, among other factors, the possibility of contributing to their social rehabilitation; the severity of the offence; as the case may be, the criminal background of the person sentenced; their state of health; and the familial, social, or other nature links with the sentencer State and the receiving State.

7. The sentencer State shall provide the receiving State with certified copy of the sentence, including information on the time already served by the sentenced person and what should be credited to him for reasons such as work, good conduct or imprisonment preventive. The receiving State will be able to request any additional information that it considers relevant.

8. The delivery of the person sentenced by the sentencer State to the receiving State will be effected at a location agreed upon by the central authorities. The receiving State shall be responsible for the custody of the sentenced person from the moment this is delivered to him.

9. All expenses related to the transfer of the person sentenced to the delivery to their custody to the receiving State will run on account of the sentencer state.

10. The receiving State shall be responsible for all expenses in which it is incurred in the transfer of the sentenced person from the time it is to be in its custody.

ARTICLE VI

Transfer Denegation

When a state does not approve the transfer of a sentenced person, it will immediately communicate its decision to the state requester and will explain the reason for your denigration, when this is possible and convenient.

ARTICLE VII

Right of the Sentenced Person Transferred and Sentence Form of Sentence

1. The sentenced person who is transferred as provided for in this Convention may not be detained, prosecuted or sentenced again in the receiving State for the same offence which motivated the sentence imposed by the sentencer State.

2. Unless the provisions of Article VIII of this Convention, the penalty of a sentenced person transferred shall be complied with in accordance with the laws and procedures of the receiving State, including the application of any provisions relating to the reduction of periods of arrest or alternative performance of the penalty. No sentence shall be carried out by the receiving State so as to extend the duration of the sentence beyond the date on which it would expire, in accordance with the terms of the sentence of the sentencer State court.

3. The authorities of the Sentencer State will be able to request, by means of the central authorities, information on the current situation of compliance with the sentence of any sentenced person transferred to the receiving State in accordance with this Convention.

ARTICLE VIII

Sentencing Review and Effects on the State Receptor

The sentencer state will retain its full jurisdiction for the review of the sentences handed down by its courts. In addition, it will retain the faculty of granting indulgence, amnesty or forgiveness to the person sentenced. The receiving State, upon receiving notification of any decision regarding it, should immediately adopt the relevant measures.

ARTICLE IX

Application of the Convention in Special Cases

This Convention could also be applied to persons subject to surveillance or other measures in accordance with the laws of a State Party related to minor offenders of age. For the transfer, consent of a legally authorized representative will be obtained.

If the waking of the Parties and for the purposes of their treatment in the receiving State, this Convention may apply to persons whom the competent authority has declared inimitable. The Parties shall agree, in accordance with their domestic law, the type of processing to be waived on persons transferred. For the transfer you must obtain the consent of anyone who is lawfully available to grant it.

ARTICLE X

Transit

If the person sentenced, when being transferred, has to cross the territory of a third State Party in this Convention, this should be notified, upon submission of the decision which granted the transfer by the State under whose custody the transfer is being cited. In such cases, the State Party of transit may or may not consent to the transit of the person sentenced by its territory.

The mentioned notification will not be required when using the means of transport air and no landing of scale in the territory of the State Party to be overflown is planned.

XI ARTICLE

Central Authority

States Parties, when signing or ratifying this Convention or acceding to it, shall notify the General Secretariat of the Organization of American States the designation of the authority central tasked with carrying out the functions provided for in this Convention. The General Secretariat shall distribute to the States Parties to this Convention a list of the assignments it has received.

ARTICLE XII

Reachability of the Convention

Nothing provided for in this Convention will be interpreted to restrict other bilateral or multilateral treaties or other agreements signed between the Parties.

ARTICLE XIII

Final Clauses

This Convention will be open to the signing of the Member States of the Organization of American States.

ARTICLE XIV

This Convention will be subject to ratification. The instruments of ratification shall be deposited in the General Secretariat of the Organization of American States.

ARTICLE XV

This Convention will remain open to the accession of any other state. The instruments of accession shall be deposited in the General Secretariat of the Organization of American States.

ARTICLE XVI

The States Parties will be able to formulate reservations to this Convention by approving it, signing it, ratifying it or acceding to it, provided that they are not incompatible with the purpose and purpose of the Convention and refer to one or more specific provisions.

ARTICLE XVII

This Convention will enter into force for ratifying states on the thirtieth day counted from the date on which it has been deposited the second instrument of ratification.

For the State to ratify the Convention or to accede to it after there has been deposited the second instrument of ratification, the Convention shall enter into force on the thirtieth day counted as of the date on which there is the State deposited its instrument of ratification or accession.

ARTICLE XVIII

This Convention will behold indefinitely, but any of the States Parties will be able to report it at any time. The complaint will be communicated to the General Secretariat of the Organization of American States. Transcurring one year from the date of the complaint, the convention shall cease in its effects for the whistleblower State.

Notwithstanding, its provisions will remain in place for the denouncing state in relation to the condemned persons who, in the amparo of them, housed being transferred, up to the end of the respective penalties.

The applications for trassides that find themselves in tramite at the time of denunciation of this Convention will be complemented until their complete execution, unless the Parties decide otherwise.

ARTICLE XIX

The original instrument of this Convention, whose texts in Spanish, French, English, and Portuguese are equally authentic, shall be deposited in the General Office of the Organization of American States, which shall send certified copy of its text, to the respective registration and publication, to the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations. The General Office of the Organization of American States shall notify the member States of the said Organization and to the States that they have acceded to the Convention the signatures and deposit of instrument of ratification, accession and denunciation, and like the reservations there are.

In faith of what, the undersigned plenipotentiaries, duly authorized by their respective governments, sign this Convention, which will be named?The Inter-American Convention on the Enforcement of Penal Sentences abroad?.

Done at the city of Managua, Nicaragua, in nine of June one thousand nine hundred and ninety three.