DECREE NO. 7,225, OF 1º JULY 2010.

Promulga the Assumption Protocol on Commitment to the Promotion and Protection of Human Rights of Mercosur, signed in Asuncion, on June 20, 2005

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

Considering that the National Congress has approved, by means of the Legislative Decree no 592, of August 27, 2009, the Protocol of Asuncion on Commitment to the Promotion and Protection of Human Rights of Mercosur, signed in Asuncion, on June 20, 2005;

Whereas the Brazilian Government deposited the instrument of ratification of the aforementioned Protocol to the Government of the Paraguay, depositary of the said act, on March 4, 2010;

Whereas the Agreement has entered into force for Brazil, in the external legal plan, on April 3, 2010,

DECRETA:

Art. 1º The Protocol of Asuncion on Commitment to the Promotion and Protection of Human Rights from the Mercosur, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments which, pursuant to the incisant I of the art. 49 of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, 1º July 2010; 189º of the Independence and 122º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Antonio de Aguiar Patriota

MERCOSUL/CMC/DEC. N ° 17/05

ASSUMPTION PROTOCOL ON COMMITMENT TO PROMOTION AND HUMAN RIGHTS PROTECTION OF MERCOSUR

HAVING IN VISTA: The Treaty of Assumption, the Black Gold Protocol and the Common Market Council N ° 40/04 Decisions.

CONSIDERING:

Which is fundamental to ensure protection, promotion and guarantee of Human Rights and the fundamental freedoms of all people.

That the enjoyment effective of fundamental rights is an indispensable condition for the consolidation of the integration process.

THE BOARD OF THE COMMON MARKET

DECIDE:

Art. 1-Approve the signing of the Protocol of Asuncion on Commitment to the Promotion and Protection of Human Rights of MERCOSUR, which is listed as a Annex to this Decision.

Art. 2-This Decision does not need to be incorporated into the legal planning of States Parties, by regulating aspects of the organization or operation of MERCOSUR.

XXVIII CMC-Assumption, 19 /VI/05

ASSUMPTION PROTOCOL ON COMMITMENT TO THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MERCOSUR

The Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, henceforth the Parties,

REAFFIRMING the principles and objectives of the Treaty of Asuncion and the Ouro Preto Protocol;

HAVING PRESENT the CMC Decision No. 40/04 that creates the Meeting of Altas Authorities on Human Rights from MERCOSUR;

REITERATING the expressed in the Presidential Statement of Las Leñas of June 27, 1992 in the sense that the full duration of democratic institutions is an indispensable condition for existence and the development of MERCOSUR;

REAFFIRMING the expressed in the Presidential Statement on Democratic Engadship in MERCOSUR;

RATIFYING the full duration of the Ushuaia Protocol on Democratic Engage in the MERCOSUR the Republic of Bolivia and the Republic of Chile;

REAFFIRMING the principles and standards contained in the American Declaration of Human Rights and duties, in the American Convention on Human Rights and other regional human rights instruments, as well as in the Inter-American Democratic Charter;

UNDERSCORING the expressed in the Declaration and the Action program of the 1993 World Human Rights Conference, that democracy, development and respect for human rights and fundamental freedoms are interdependent concepts that reinforce each other;

UNDERSCORING the expressed in distinct Assembly resolutions General and the Human Rights Commission of the United Nations, that respect for human rights and fundamental freedoms are essential elements of democracy;

RECOGNIZING the universality, the indivisibility, the interdependence and inter-relation of all human rights, whether they are economic, social, cultural, civil or political rights;

REITERATING the Presidential Statement of Porto Iguaçu of July 8, 2004 in which the Presidents of the States Parties of the MERCOSUR have highlighted the high priority accorded to the protection, promotion and guarantee of human rights and the fundamental freedoms of all persons inhabiting MERCOSUR;

REAFFIRMING that the effective order of the democratic order constitutes a an indispensable guarantee for the effective exercise of human rights and fundamental freedoms, and that every disruption or threat to the normal development of the democratic process in one of the Parties endangers the effective enjoyment of human rights;

WAKE UP THE FOLLOWING:

ARTICLE 1

The full duration of democratic institutions and the respect of the human rights and fundamental freedoms are essential conditions for the effective and evolution of the process of integration between the Parties.

ARTICLE 2

The Parties will cooperate mutually for effective promotion and protection of human rights and fundamental freedoms through the institutional mechanisms established in MERCOSUR.

ARTICLE 3

This Protocol will apply in the event that they register serious and systematic violations of human rights and fundamental freedoms in one of the Parties in situations of institutional crisis or for the duration of states of exception provided for in the respective constitutional ordinances. To this effect, the remaining Parties will promote the pertinent consultations between themselves and with the affected Party.

ARTICLE 4

When the queries mentioned in the previous article result ineffective, the remaining parts will consider nature and range of the measures to be implemented with a view to the seriousness of the existing situation.

Such measures have abounded since the suspension of the right to participate in this integration process until the suspension of the emerging rights and obligations of the same.

ARTICLE 5

The measures provided for in article 4 will be adopted by consensus by the Parties and communicated to the affected Party, to which it will not participate in the relevant decision-making process. Such measures shall enter into force on the date on which the respective communication to the affected Party is carried out.

ARTICLE 6

The measures referred to in Article 4 applied to the affected Party, will cease from the date of communication to dictate Part that the causes that motivated them have been sanctioned. Such communication shall be transmitted by the Parties who have adopted such measures.

ARTICLE 7

This Protocol is open to the accession of the States Associated with MERCOSUR.

ARTICLE 8

This Protocol will enter into force thirty (30) days after the deposit of the instrument of ratification by the fourth State Party of MERCOSUR.

ARTICLE 9

The Republic of Paraguay will be the depositary of this Protocol and of the respective instruments of ratification, and shall notify the Parties of the date of the deposits of such instruments and of the entry into force of the Protocol, as well as send them duly certified copy of it.

FEITO in the city of Asuncion, Republic from Paraguay, to the nineteen days of the month of June two thousand and five, in an original, in the Spanish and Portuguese languages, being both texts being equally authentic.

__________________________ RAFAEL BIELSA By the Argentine Republic	_________________________ CELSO LUIZ NUNES AMORIM By the Federative Republic of Brazil
__________________________ LEILA RACHID By the Republic of Paraguay	__________________________ REINALDO GARGANO By The Eastern Republic from Uruguay