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Decree No. 5978, Of 4 December 2006

Original Language Title: Decreto nº 5.978, de 4 de Dezembro de 2006

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DECREE NO. 5,978 OF December 4, 2006.

Gives new essay to the Travel Documents Regulation referred to in the Annex to Decree No 1,983, August 14 of 1996, which has instituted the Modernization, Agilization, Enhancement and Security Program of the Surveillance of International Traffic and the Brazilian Passport-PROMASP.

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

DECRETA:

Art. 1st The Regulation of Travel Documents referred to in the Annex to Decree No 1,983, from 14 of August 1996, passes the vigour in the terms of the Attachment to this Decree.

Art. 2nd This Decree comes into effect on the date of its publication.

Art. 3rd Ficam revoked the arts. 96 and 97 of the Decree no 86,715, of December 10, 1981, and the Decree No 5,311, of December 15, 2004.

Brasilia, November 4, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Márcio Thomaz Bastos

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 12/5/2006

ANNEX

REGULATION OF TRAVEL DOCUMENTS

CHAPTER I

DOS TRAVEL DOCUMENTS

Art. 1st For the purpose of this Regulation, consider travel documents:

I-passport;

II-laissez-passer;

III-authorization of return to Brazil;

IV-saved-conducto;

V-ballot of civil identity or equivalent foreign document, when admitted to treaties, agreements and other international acts;

VI-certificate of member of air transport crew;

VII-portfolio of maritime; and

VIII-consular matriculation portfolio.

CHAPTER II

DO PASSPORT

Art. 2nd Passport is the identification document, owned by the Union, exigible of all those who wish to carry out international travel, save in the cases provided for in treaties, agreements and other international acts.

Paragraph single. The passport is personal and untransferable document.

Art. 3rd Brazilian passports rank in the categories:

I-diplomatic;

II-official;

III-common;

IV-for foreigner; and

V-of emergency.

Art. 4th Diplomatic and official passports will be issued by the Ministry of Foreign Affairs.

Art. 5th The common passports, for foreign and emergency will be dispatted, on the national territory, by the Federal Police Department and, abroad, by the diplomatic missions or consular repartitions.

Section I

Do Diplomatic Passport

Art. 6th Concede-if-diplomatic passport:

I-to the President of the Republic, to the Vice President and former Presidents of the Republic;

II-to the Ministers of State, to the occupiers of positions of special nature and to the holders of Secretaries linked to the Presidency of the Republic;

III-the Governors of the States and the Federal District;

IV-aos officials of the Diplomat Carrier, in activity and retirees, of Chancellery Officer and the Vice-Consules in exercise;

V-to diplomatic post offices;

VI-to adides accredited by the Ministry of Foreign Affairs;

VII-to the military at service in missions of the United Nations and other international bodies, at the discretion of the Ministry of Relations Exteriors;

VIII-to the heads of special diplomatic missions and to the heads of delegations in meetings of diplomatic character, provided that they are designated by decree;

IX-to the members of the National Congress;

X-to the Ministers of the Federal Supreme Court, the Higher Courts and the Court of Auditors of the Union;

XI-to the Attorney General of the Republic and to the Sub-Attorneys General of the Public Prosecutor's Office Federal; and

XII-to Brazilian judges in International Courts Arbitral International Courts or Arbitration Tribunals.

§ 1st The granting of diplomatic passport to the spouse, companion, or companion and to the dependent on the persons indicated in this article will be regulated by the Ministry of Foreign Affairs.

§ 2nd A criterion of the Ministry of Foreign Affairs and taking into account the peculiarities of the country where they are in service, in mission of character permanent, granting diplomatic passport to officials in other categories.

§ 3rd Mediant authorization of the Minister of State for Foreign Relations, will grant diplomatic passport to persons who, although unrelated in the incisos of this article, should port it in function of the interest of the Country.

Art. 7th Diplomatic passport will be authorized, on the national territory, by the Minister of State for Foreign Affairs, his legal substitute or delegate and, abroad, by the head of the diplomatic mission or consular apportionment, his legal substitutes or delegates.

Section II

Do Official passport

Art. 8th The official passport will be granted:

I-to direct administration's servers travelling on official mission of the Federal Governments, State and the Federal District;

II-to the servers of the authorities of the Federal, State governments and the Federal District, public enterprises, federal foundations and mixed-economy societies in which the Union is majority shareholder;

III-to people traveling on mission relevant to the Country, at the discretion of the Ministry of Foreign relations;

IV-to the aides of accredited attachees by the Ministry of Foreign Affairs.

Paragraph single. The granting of official passport to the spouse, companion or companion and to the dependents of the persons indicated in this article will be regulated by the Foreign Ministry.

Art. 9th The official passport will be authorized, on the national territory, by the Minister of State for Foreign Relations, his legal substitute or delegated and, abroad, by the head of the diplomatic mission or consular apportionment, his or her legal substitutes or delegates.

Section III

From Common Passport

Art. 10. The common passport, required under this Decree, will be granted to all Brazilian.

Section IV

From the Passport to Foreigner

Art. 12. The passport abroad will be granted:

I-in the territory national:

a) to the stateless or indefinite nationality;

b) to the asylated or refugee in the Country, as long as recognized under these conditions by the Brazilian government;

c) to the national of country that does not have representation on the national territory nor is it represented by another country, heard the Foreign Ministry;

d) abroad demonstrably devoid of any identity document or travel, and that it has no way of substantiating your nationality;

and) to the legally registered foreigner in Brazil and who in need leaves the national territory and to it return, in cases where it does not have a travel document;

II-abroad:

a) to the stateless or the indefinite nationality;

b) to the spouse, widower or widow of Brazilian that there is lost nationality originating in virtue of marriage;

c) to the foreigner legally registered in Brazil and who need to join the national territory, in cases where it does not have valid travel document, heard the Federal Police Department.

Section V

From the Emergency passport

Art. 13. You will be granted emergency passport to the one who, having satisfied the requirements for granting a passport, requires travel document urgently and cannot demonstrably wait for the delivery deadline, in the chances of disasters natural, armed conflicts or other emergency, individual or collective situations, defined in an act of the Ministries of Justice or Foreign Relations, as the case may be.

Single paragraph. The demands that it treats the caput will be able to be waived in exceptional situations duly justified by the granting authority.

CHAPTER III

DOS TOO MANY TRAVEL DOCUMENTS

Section I

Do Laissez-Passer

Art. 14. Laissez-passer is the travel document, owned by the Union, granted, on the national territory, by the Federal Police Department and, abroad, by the Foreign Ministry, to the foreign travel document holder not recognized by the Brazilian government or that is not valid for Brazil.

Section II

From the Authorization of Return to Brazil

Art. 15. The return permit to Brazil is the travel document, owned by the Union, dispatted by the diplomatic missions or consular repartitions to the one who, to return to the national territory, does not meet the requirements for obtaining passport or laissez-passer.

Section III

Do Salvo-Conductus

Art. 16. The safe-conduit is the travel document, owned by the Union, dispatted by the Ministry of Justice, intended to allow the exit of the national territory of the whole who obtains diplomatic asylum granted by foreign government.

Section IV

Da Cédula Civil Identity, from the Member Certificate of

Crew of Air Transport and the Maritime Portfolio

Art. 17. The civil identity ballot expedited by the competent official bodies replaces the common passport in the cases provided for in treaties, agreements and other international acts.

Art. 18. The certificate of air transport crew member and the shipping portfolio will be able to replace the common passport for the effect of landing and boarding on the national territory, in the cases provided for in treaties, agreements and other acts international.

Section V

From the Consular Matriculation Portfolio

Art. 19. The consular matriculation portfolio is the document, owned by the Union, granted by the diplomatic missions or consular repartitions to every Brazilian citizen domiciled in its jurisdiction.

CHAPTER IV

OF THE GENERAL CONDITIONS FOR OBTAINING

OF THE TRAVEL DOCUMENTS

Art. 20. They are general conditions for obtaining the common passport, in Brazil:

I-being Brazilian;

II-substantiate your identity and too much data personal necessary to the enrollment in the database of passport applicants;

III-being quite chic with electoral justice and compulsory military service;

IV-collect the rate or emolument due;

V-submit to the collection of biometric data; and

VI-not being wanted by Justice nor prevented judicially from obtaining passport.

§ First to substantiation of the incisos I to IV, will be required presentation, in original, of the related documents in act of the Federal Police Department.

§ 2nd Havendo founded reasons, may the granting authority requiring the submission of other documents in addition to those alluded to in §

§ 3rd In cases of impossibility provided for in ministerial act, the applicant may be exempted from the collection of fingerprints or signature.

Art. 21. The application for obtaining any travel document, in Brazil, is to be submitted, personally, by the person concerned, accompanied by the required original documents, which, after duly conferred, will be restituted to you.

Single paragraph. The delivery of travel document can only be done directly to the holder, against receipt and upon proof of identity.

Art. 22. They are conditions for obtaining the common passport, abroad:

I -be Brazilian;

II-substantiate your identity and too much data personal necessary to the enrollment in the database of passport applicants;

III-being quite chic with electoral justice and compulsory military service;

IV-collect the rate or emolument due; and

V-not be wanted by Justice nor prevented judicially from obtaining passport.

§ First for the attestation of incisos I to IV, will be required presentation of the related documents in act of the Ministry of Foreign Affairs.

§ 2nd Havendo founded reasons, may the granting authority requiring the submission of other documents in addition to those alluded to in §

Art. 23. The conditions for granting, abroad, emergency passports and abroad and laissez-passer will be established by the Ministry of Foreign Affairs.

Art. 24. The conditions for the granting of the diplomatic and official passports and the authorization of return to Brazil will be established by the Foreign Ministry.

Art. 25. The conditions for the granting of the safe-conduit will be established by the Ministry of Justice.

Art. 26. The conditions for the granting, in Brazil, of the passport abroad and the laissez-passer will be established by the Federal Police Department, noted the provisions of this Decree.

Art. 27. When it comes to the age of eighteen, the granting of a passport shall be conditional upon the authorisation of both parents, the legal officer, or the competent judge, save in the chances of a cessation of incapacity provided for in law.

§ First the granting of a passport to the lowest of eighteen years, in the outside, it may, in exceptional cases, be authorised by the competent consular authority.

§ 2nd authorization can be made by only one parent of the minor, in the cases of death or removal of the family power of one of them, evidenced by a certificate or court decision.

Art. 28. The valid passport holder may be granted another, from the same category, when there are reasons substantiated for his or her concession and upon presentation of the previous passport with the same title.

CHAPTER V

OF THE NORMS COMMON TO ALL PASSPORTS

Art. 29. Expedites and non-withdrawn passports will be cancelled within ninety days.

Art. 30. By the granting of the travel documents, except for diplomatic and official passports, fees or emoluments will be charged on tables approved by the Ministers of State for Justice and Foreign Relations.

Single paragraph. They shall be exempted from payment of fees or emoluments, on the national territory, passports abroad and, abroad, emergency passports, in the hypotheses fixed by the Ministries of Justice and Foreign Affairs, respectively.

Art. 31. It will not have validity the passport:

I-which contains amendments or rasuras; or

II-without the padding of the signature field in the form disciplined by the conceding organ.

Art. 32. When applying for new passport, the person concerned must submit the previous passport from which it is the holder, of the same category, valid or not, which may be returned to it, after cancellation, in the cases disciplined by the Ministry to which it is linked the conceding organ.

§ First the person who does not dispose of the previous passport should present consular notification of loss or extravio, police record of occurrence or other statement, in the form of the law, with the reasons for the non-presentation of the document.

§ 2nd the granting authority will be able to determine representations additional to the location of the previous passport or the clarification of the reasons for your non-presentation, before granting the new passport.

CHAPTER VI

OF THE GENERAL PROVISIONS

Art. 33. It is the duty of the holder to communicate immediately, to the nearest expedient authority, the occurrence of loss, stray, theft, tampering, tampering, destruction, total or partial destruction of the travel document, as well as its recovery, when it is the case.

Art. 34. The Ministers of State for Justice and Foreign Affairs shall adopt the necessary arrangements for the rationalization of procedures, cooperation between their organs, security and safeguard the authenticity of the Brazilian travel documents, provided for in the art. 1st, incisos I, II, III, IV and VIII, of this Regulation.

Art. 35. Until the definitive implementation of the Programme of Modernization, Agilization, Enhancement and Security of International Traffic and the Brazilian Passport-PROMASP, by the Ministries of Justice and Foreign Affairs, will be admitted to the granting of the travel documents in the previous standards.

Art. 36. It is up to the Ministry of Foreign Affairs and the Federal Police Department to produce the travel documents they grant.

Art. 37. It is up to the Ministry of Justice to produce the safe-conducts it grants.

Art. 38. The maximum and unextending period of validity of travel documents is as follows:

I-of five years, for the diplomatic, official, common passports and the consular license plate;

II-of two years, for the passport to foreign and the laissez-passer; and

III-of a year, for the emergency passport.

§ First the passport for foreigner will be used twill-only for a round trip, and will be picked up by the migratory control of the Federal Police Department when from the ticket of its holder on national territory.

§ 2nd O laissez-passer will be used for multiple entries and picked up by the Federal Police Department's immigration control when it expires its shelf life or, prior to that, in the event of irregular use.

§ 3rd The consular matriculation portfolio will be collected by the migratory control of the Federal Police Department when from the arrival of its holder to Brazil.

Art. 39. The return permit to Brazil will have validity by the deadline of the return trip to the national territory and will be collected by the immigration control of the Federal Police Department when the arrival of its holder to the Country.

Art. 40. In the hypotheses foreseen in the act of the Ministries of Justice or Foreign Relations, the travel documents of which it treats art. 38 may be granted with a maximum period of validity reduced or with territorial limitation.

Single paragraph. In relation to diplomatic and official passports, the application of the willing in the caput will take into account the nature of the function of its holder and the duration of its mission.