The new Praetorian guard of Dilma Rousseff

4/4/2013-13:41

The new Praetorian guard of Dilma Rousseff

Amendment of the Decree of creation of National Strength is unconstitutional and breaking Federal Pact, in that it confers upon the Executive Branch’s own police force

João Rafael Diniz * | Filed under: Articles

Força Nacional Foto: Fabio Pozzebom/ABr

National force in action in Rio de Janeiro. Photo: Fabio Pozzebom/ABr

Established by Augustus, first of the great emperors of Rome, the Praetorian guard was a special military body, highlighted the ordinary Roman legions, which served to the personal interests of the emperors and the safety of their families. It was formed by experienced men, recruited from the legionaries in the Roman army that demonstrate greater ability and intelligence on the battlefield. In his long period of existence (more than three centuries) was guard for ensuring the internal stability of several emperors, repressing popular uprisings and carrying out murderous raids on behalf of the governance of the Empire.

Passed almost unnoticed but a few weeks ago, the President of the Republic published in the Official Gazette Decree No. 7,957/2013, which, among other things, amended the Decree of creation of the National Public Security Force. From there, the Executive now has its own police force, to be sent and “applied” in any region of the country at the mercy of his will.

First caught the attention of some journalists and professionals in the environmental cause the creation of “Environmental Operations company of the National Public Security Force”. This new operating division within the National Force will have assignments: environmental surveillance actions, support act in preventing environmental crimes, perform civil defence tasks, assist in the investigation of environmental crimes, and, finally, “assistance to carry out surveys and technical reports on negative environmental impacts“.

You do not need to remind you that one of the most important news of the week was sending military troops of the National Public Security Force to the municipalities of Itaituba and Jacareacanga, Pará. The goal of the military incursion, requested by the Minister of mines and energy, Edison Lobão, is exactly “support” (read: ensure by force) the work of 80 technicians hired by Eletronorte to field surveys necessary for the preparation of the Environmental impact study of the Tapajós River bus projects, for the purpose of water use (construction of dams, at least 7 of them).

Unconstitutionality The creation of this particular company, followed by the war operation that invaded lands, including areas of hunting of indigenous villages of the Munduruku people, eventually obscuring another small change carried out by the Presidency in the Act of creation of the National Force (Decree 5,289/2004), more specifically about the legitimacy to request the aid of this troop.

The art. 4 of the original Decree was read as follows: “Art. 4. the National Public Security Force can be employed in any part of the national territory, at the request of State Governor expresses or the Federal District.

After the amendment went into effect like this: “Art. 4. the National Public Security Force can be employed in any part of the national territory, at the request of State Governor expresses, the Federal District or Minister of State. “

 

From now on, any Minister can request the use of force to defend the National interests of the federal Government, without any judicial authorization, even acquiescence of the State Government

The inclusion of these five magic words at the end of article 4 was to undermine the raison d ‘ être of the decree and ripping off the determinations of the Federal Constitution on the Division of responsibilities between the federal entities (municipalities, States and the EU), which can be considered as breaking the Federal Pact. From now on, any Minister of State (all of them subordinate to the Presidency) may ask the Ministry of justice the use of national public security Force in any part of the country, to defend the interests of the federal Government, without any judicial authorization, even acquiescence of the Government of the State concerned.

To better understand the seriousness of the situation, we must bear in mind that the National Public Security Force is not a police force, but a “Federal cooperation programme” (art. 1 of the Decree), which can join freely State Governments, and whose goal is to “preserve public order and safety of the people and the patrimony” in exceptional situations in which the military police of the States require, and ask forthe support of troops from other States. That’s because the Federal Constitution determines that the liability for “blatant police and the preservation of public order” is the military police of the States, subject to their governors (art. 144, §§ 4 and 5). There are two possibilities: Union federal intervention in the State (art. 34), or decree of State of defence (art. 136), both excepcionalíssimas security assurance situations and national integrity that will be fired the armed forces (army, Navy and air force).

The key to understanding the change is that, until last month, it was necessary to “express request of the Governor of the State or the Federal District” to motivate the national public security force to any part of the country, because it is essentially a program of federal cooperation between States and the Union.

 

That quota military repression can be used against affected populations the various works of government interest

Now no more. The recent amendment of art. 4 of 5,289/2004 Decree, transformed the National Force of public safety in the new Praetorian guard of President Dilma Rousseff. Removed from the hands of responsibility for overt police States and the preservation of public order, where the Ministers understand be more convenient to the action of a force controlled by the Federal Government. This repressive military contingent could be used against people affected by several works of interest to the Government, who are fighting for the right to be heard on the impacts of these projects on their own lives and the right to a dignified existence, as is occurring with the indigenous of the Tapajós River and riparian.

Not by chance, this major change in the character of the National Force was carried out without major bragging, in the body of a Decree which addressed other issues. The unconstitutionality of the Act clearly violates a number of constitutional principles and rules as well as affect the federative pact, one of the few foundations of the young Republic.

* John Rafael Diniz is an attorney and member of the Group Torture never again-SP

~ http://reporterbrasil.org.br/2013/04/a-nova-guarda-pretoriana-de-dilma-rousseff/

~~~

Presidency of the Republic Civil House Of the Undersecretary of Legal Affairs

 Decree No. 7,957, 12 MARCH 2013

THE PRESIDENT OF THE REPUBLIC in the use of the role that gives the art. 84, caput, sections IV and VI, paragraph “a” of the Constitution, and in view of the provisions of law nothe 11,473, May 10, 2007 and in complementary Lawthe June 9, 1999, 97,

DECREES:

CHAPTER I

PRELIMINARY PROVISIONS

o Este Decreto institui o Gabinete Permanente de Gestão Integrada para a Proteção do Meio Ambiente, regulamenta a atuação das Forças Armadas na proteção ambiental e altera o Decreto nº 5.289, de 29 de novembro de 2004.’ _mstHash=”270209″>Art. 1the this Decree establishes the Permanent Office of Integrated Management for the protection of the environment, regulating the activities of Armed Forces in environmental protection and amending the Decree nº 5,289, November 29, 2004.

Sole paragraph. The purpose of this Decree is to establish standards for the coordination, integration and cooperation between the public environmental agencies and entities, armed forces, public security organs and coordination of intelligence activities, aimed at increasing administrative efficiency in environmental actions of preventive or repressive character.

CHAPTER II

THE PERMANENT OFFICE OF INTEGRATED MANAGEMENT FOR THE PROTECTION

THE ENVIRONMENT-GGI-MA

o Fica instituído o Gabinete Permanente de Gestão Integrada para a Proteção do Meio Ambiente – GGI-MA, composto pelos seguintes órgãos:” _mstHash=”270214″>Art. the 2 Is the Permanent Office of Integrated Management for the protection of the environment-GGI-MA, composed of the following organs:

I-Institutional Security Cabinet of the Presidency of the Republic;

II-the Ministry of the environment;

III-Ministry of defence; and

IV-the Ministry of Justice.

o O GGI-MA tem como objetivos integrar e articular as ações preventivas e repressivas dos órgãos e entidades federais em relação aos crimes e infrações ambientais na Amazônia Legal, e promover a integração dessas ações com as ações dos Estados e Municípios. ” _mstHash=”270219″>Art. 3the the GGI-MA aims to integrate and coordinate preventive and repressive actions of federal agencies and entities in relation to crimes and environmental infractions in Legal Amazon, and to promote the integration of these actions with the actions of States and municipalities.

o Compete ao GGI-MA:” _mstHash=”270220″>§ 1the duties and responsibilities of the GGI-MA:

I-establish guidelines of integrated activities of federal agencies and entities;

II-set structuring projects to strengthen the presence of the Government in the areas that indicate;

III-plan strategies for the implementation of its operations;

IV. ensure agile and effective communication between the constituent bodies;

V-establish network of information and experiences that will feed the integrated planning system at the national level, in conjunction with the Amazon protection system-SIPAM, established by Decree of October 18, 1999, which provides for the deliberative Council of the Amazon protection system-CONSIPAM;

VI. indicators for monitoring and evaluation of the actions taken;

VII-identify situations and areas that require use of armed forces in ensuring law and order, and submit them to the President of the Republic, as provided for in the legislation; and

VIII-demand of the armed forces to provide logistical support, communications, intelligence and education, as provided for in the legislation.

o A Comissão Executiva do Plano de Ação para a Prevenção e Controle do Desmatamento na Amazônia Legal, prevista no art. 3o-A do Decreto de 3 julho de 2003, que institui grupo permanente de trabalho interministerial para os fins que especifica, encaminhará, periodicamente, as informações necessárias para auxiliar e subsidiar a execução das ações preventivas e repressivas do GGI-MA.’ _mstHash=”270229″>§ 2the the Executive Committee of the plan of action for the prevention and control of deforestation in the Legal Amazon, provided for in article 3theof the Decree of 3 July 2003, establishing permanent inter-ministerial working group for the purpose that specifies, forwards, periodically, the information required to assist and support the implementation of preventive and repressive actions of the GGI-MA.

o A Secretaria-Executiva do GGI encaminhará, periodicamente, à Comissão Executiva do Plano de Ação para a Prevenção e Controle do Desmatamento na Amazônia Legal, as informações decorrentes das ações do GGI.” _mstHash=”270230″>§ 3the Executive Secretariat of the GGI will periodically to the Executive Committee of the plan of action for the prevention and control of deforestation in the Legal Amazon, the information arising from the actions of GGI.

o O GGI-MA será coordenado de forma conjunta pelos titulares do Gabinete de Segurança Institucional da Presidência da República, do Ministério do Meio Ambiente, do Ministério da Defesa e do Ministério da Justiça.” _mstHash=”270231″>Art. 4the the GGI-MA will be coordinated jointly by the holders of the Institutional Security Cabinet of the Presidency of the Republic, the Ministry of environment, the Ministry of defence and the Ministry of Justice.

o Os titulares dos órgãos referidos no caput indicarão representantes para atuação perante o GGI-MA, cabendo ao Ministério do Meio Ambiente exercer as funções de Secretaria-Executiva.” _mstHash=”270232″>§ 1the holders of the bodies referred to in the caput shall indicate representatives for assistance before the GGI-MA, and the Ministry of the environment to exercise the functions of the Executive Secretariat.

o Representante do Centro Gestor e Operacional do Sistema de Proteção da Amazônia – CENSIPAM, do Instituto Nacional de Pesquisas Espaciais – INPE e do Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis – IBAMA participarão como convidados das reuniões do GGI-MA.” _mstHash=”270233″>§ 2the Manager and operational Center representative of Amazon protection system-CENSIPAM, of the National Institute for space research-INPE and the Brazilian Institute of environment and renewable natural resources-IBAMA will participate as guests of the meetings of the GGI-MA.

o O GGI-MA poderá convidar representantes de outros órgãos ou entidades, públicos ou privados, para participar das suas reuniões.” _mstHash=”270234″>§ 3the the GGI-MA may invite representatives of other agencies or entities, public or private, to participate in its meetings.

o O GGI-MA poderá solicitar ao Presidente da República, com a finalidade de proteger o meio ambiente, que determine o emprego das Forças Armadas para a garantia da lei e da ordem, nos termos da legislação.” _mstHash=”270235″>Art. 5the the GGI-MA may ask the President of the Republic, with the purpose of protecting the environment, which determine the use of Armed Forces for ensuring law and order, in accordance with the legislation.

o A participação nas ações do GGI-MA será considerada prestação de serviço público relevante, não remunerada.” _mstHash=”270236″>Art. 6the participation in the actions of the GGI-MA will be considered provision of relevant, unpaid public service.

CHAPTER III

THE PERFORMANCE OF THE ARMED FORCES IN THE PROTECTION OF THE ENVIRONMENT

o As Forças Armadas prestarão apoio logístico, de inteligência, de comunicações e de instrução às ações de proteção ambiental, com a disponibilização das estruturas necessárias à execução das referidas ações, conforme disposto na legislação vigente.” _mstHash=”270239″>Article 7the Armed Forces will provide logistical support, communications, intelligence and education to environmental protection actions, with the provision of the necessary structures for the implementation of such actions, as provided for in current legislation.

o No caso de emprego das Forças Armadas para garantia da lei e da ordem em operações de proteção ambiental, caberá ao Ministério da Defesa a coordenação, o acompanhamento e a integração das ações a serem implementadas pelos órgãos e entidades envolvidos, resguardadas as respectivas competências legais.” _mstHash=”270240″>Art. the 8 in the case of employment of the armed forces for ensuring law and order in environmental protection operations, it is up to the Ministry of Defense coordination, monitoring and integration of actions to be implemented by agencies and entities involved, enshrined their legal skills.

§ 6º do art. 15 da Lei Complementar nº 97, de 9 de junho de 1999.’ _mstHash=”270241″>Sole paragraph. The ongoing operations will count with the participation of representatives of the institutions involved and shall observe the guidelines established by the GGI-MA, the operational control of the § 6º of article 15 of the Supplementary Law nº 97, June 9, 1999.

CHAPTER IV

THE PERFORMANCE OF THE NATIONAL PUBLIC SECURITY FORCE

ON THE PROTECTION OF THE ENVIRONMENT

Article 9the Decreethe 5,289, November 29, 2004, shall take effect with the following changes:

º-A. ……………………………………………………………” _mstHash=”1430234″>”Art. 2º-A. ……………………………………………………………

………………………………………………………………………………….

IV – auxílio na ocorrência de catástrofes ou desastres coletivos, inclusive para reconhecimento de vitimados;’ _mstHash=”1430235″>IV-assistance in the event of catastrophes or disasters, including recognition of collective victimized;

V-support actions aimed at the protection of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms; and

VI-support for conservation and environmental policing activities.

………………………………………………………………………..” (NR)

“Art. 2º-B Fica instituída a Companhia de Operações Ambientais da Força Nacional de Segurança Pública, com os seguintes objetivos:’ _mstHash=”1430239″>”Art. 2º-B Is established the Environmental Operations company of the National Public Security Force, with the following objectives:

I support the actions of environmental monitoring carried out by federal agencies, State, and municipal district in the protection of the environment;

II-Act in preventing the crimes and infractions;

III-civil defence tasks in environmental protection;

IV-to support the actions of the judicial police in the investigation of environmental crimes; and

V-assist to carry out surveys and technical reports on negative environmental impacts. ” (NR)

“Art. 4o A Força Nacional de Segurança Pública poderá ser empregada em qualquer parte do território nacional, mediante solicitação expressa do respectivo Governador de Estado, do Distrito Federal ou de Ministro de Estado. ‘ _mstHash=”1430245″>”Art. 4the national public security force can be employed in any part of the national territory, at the request of State Governor expresses, the Federal District or Minister of State.

………………………………………………………………………..” (NR)

CHAPTER V

ADDITIONAL PROVISIONS

Lei nº 9.883, de 7 de dezembro de 1999.’ _mstHash=”270248″>Art. 10. The intelligence activities that this Decree will be carried out under the coordination of the central organ of the Brazilian Intelligence System, in accordance with the law nº 9,883, December 7, 1999.

Art. 11. the Decree of July 3, 2003, establishing Permanent Inter-ministerial Working Group for the purpose that specifies, with the following changes:

“Art. 2º …………………………………………………………………

I – Ministério do Meio Ambiente, que o coordenará; ‘ _mstHash=”1430248″>I- Ministry of the environment, which will coordinate;

………………………………………………………………………………….

IX – Gabinete de Segurança Institucional da Presidência da República;’ _mstHash=”1430249″>IX- Cabinet of Institutional Security of the Presidency of the Republic;

………………………………………………………………………………….

§ 4o Poderão ser criados no âmbito do Grupo de Trabalho, colegiados permanentes ou temporários para tratar de temáticas específicas.” (NR) ‘ _mstHash=”1430250″>§ 4the  Can be created within the framework of the Working Group, permanent or temporary committees to deal with specific issues. ” (NR)

“Art. 3º-A. ……………………………………………………………

………………………………………………………………………………….

§ 1the   …………………………………………………………………….

I – Ministério do Meio Ambiente, que a coordenará;’ _mstHash=”1430253″>I-Ministry of the environment, that will coordinate;

………………………………………………………………………………….

VIII – Gabinete de Segurança Institucional da Presidência da República.’ _mstHash=”1430254″>VIII- Cabinet of Institutional Security of the Presidency of the Republic.

………………………………………………………………………………….

§ 2 º Members of the Executive Board shall be appointed by the Minister of State for the environment, by indication of the Ministries represented, subject to the provisions of article 4the.

………………………………………………………………………………….

Article 3 º -C. ……………………………………………………………..

………………………………………………………………………………….

§ 1the   …………………………………………………………………….

I – Ministério do Meio Ambiente, que a coordenará;’ _mstHash=”1430258″>I- Ministry of the environment, that will coordinate;

………………………………………………………………………………….

IV – Gabinete de Segurança Institucional da Presidência da República;’ _mstHash=”1430259″>IV- Cabinet of Institutional Security of the Presidency of the Republic;

………………………………………………………………………………….

§ 2 º Members of the Executive Board shall be appointed by the Minister of State for the environment, by indication of the holders of the bodies represented.

…………………………………………………………………………” (NR)

Art. 12. Is revoked the art. 3theB of Decree of July 3, 2003, establishing permanent inter-ministerial working group for the purpose that specifies and other matters.

Art. 13. this Decree shall enter into force on the date of its publication.

o da Independência e 125o da República.” _mstHash=”270252″>Brasilia, March 12, 2013; 192the independence andthe 125 of the Republic.

DILMA ROUSSEFF José Eduardo Cardozo Celso Luiz Nunes Amorim Miriam Belchior Izabella Monica Vieira Teixeira José Elito Carvalho Siqueira

This text does not replace that published in DOU of 13.3.2013

 ~ http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Decreto/D7957.htm

~~~

 
Presidency of the Republic Civil House Of the Undersecretary of Legal Affairs
Decree No. 5,289 of 29 NOVEMBER 2004. 

O PRESIDENTE DA REPÚBLICA, no uso das atribuições que lhe confere o art. 84, incisos IV e VI, alínea “a”, da Constituição, e tendo em vista o disposto nos arts. 1o, 3o, parágrafo único, e 4o, caput e § 1o, da Lei no 10.201, de 14 de fevereiro de 2001, e

 

Considering the provisions of arts. 144 and 241 of the Constitution and the federal principle of solidarity that guides the development of the activities of the public security system;

DECREES:

Art. 1the this Decree regulates general rules of organization and functioning of the federal public administration, for the development of federal cooperation programme called national public security Force, which can voluntarily join the States concerned, through formal acts.

Art. 2the National force of public safety may only act in DPO activities aimed at the preservation of public order and safety of the people and the patrimony, in the events contemplated in Decree and in particular formal accession act of the States concerned.

Art. 2the national public security force will act in activities aimed at the preservation of public order and safety of the people and the patrimony, in the events contemplated in Decree and in the formal act of accession of the States and the Federal District. (Amended by Decree No. 7,318, 2010).

Article 2the-the.The performance of civil servants in activities developed within the framework of the National Public Security Force, as provided for in arts. 3 and 5the Act nothe 11,473, May 10, 2007, comprises: (Included by Decree No. 7,318, 2010).

I-aid to State judicial police actions in the investigation of criminal infringement, for the elucidation of the causes, circumstances, motives, and materiality; (Included by Decree No. 7,318, 2010).

II-aid actions related to intelligence activities aimed at the preservation of public order and safety of the people and the patrimony; (Included by Decree No. 7,318, 2010).

III-expert activities and civil and criminal identification for the scoop and safeguard evidence or evidence of the occurrence of the facts or of criminal infringement; (Included by Decree No. 7,318, 2010).

(Incluído pelo Decreto nº 7.318, de 2010).’ _mstHash=”905766″>IV-assistance in the event of catastrophes or disasters, including recognition of collective victimized; and (Included by Decree No. 7,318, 2010).

(Incluído pelo Decreto nº 7.318, de 2010).’ _mstHash=”905767″>V-support actions aimed at the protection of individuals, groups and organs of society that promote and protect human rights and fundamental freedoms. (Included by Decree No. 7,318, 2010).

IV-assistance in the event of catastrophes or disasters, including recognition of collective victimized; (Amended by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905769″>V-support actions aimed at the protection of individuals, groups and organs of society to promote and protect human rights and fundamental freedoms; and (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905770″>VI-support for conservation and environmental policing activities. (Included by Decree No. 7,957, 2013)

§ 1the federal cooperation activities will be developed under the joint coordination of the Union and of convenient way. (Included by Decree No. 7,318, 2010.

§ 2the President of the police investigation will be conducted by the police authority of the local constituency, in accordance with article 4 ofthe Decree-Lawthe 3,689, of October 3, 1941-code of criminal procedure. (Included by Decree No. 7,318, 2010.

Art. 2º-B is established the Environmental Operations company of the National Public Security Force, with the following objectives: (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905774″>I support the actions of environmental monitoring carried out by federal agencies, State, and municipal district in the protection of the environment; (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905775″>II-Act in preventing the crimes and infractions; (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905776″>III-civil defence tasks in environmental protection; (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905777″>IV-to support the actions of the judicial police in the investigation of environmental crimes; and (Included by Decree No. 7,957, 2013)

(Incluído pelo Decreto nº 7.957, de 2013)’ _mstHash=”905778″>V-assist to carry out surveys and technical reports on negative environmental impacts. (Included by Decree No. 7,957, 2013)

Art. 3the activities of the National Public Security Force, will be served, among others, the following principles:

I-individual and collective rights, including the moral integrity of individuals;

II-moderate and proportionate use of force;

III-command unit;

IV-effectiveness;

V-ready service;

VI. use of proportional and appropriate control techniques of civil unrest;

VII-special qualification for conflict management; and

VIII-Federal solidarity.

Art. 4the national public security force can be employed in any part of the national territory, at the request of State Governor expresses or the Federal District.

Art. 4the national public security force can be employed in any part of the national territory, at the request of State Governor expresses, the Federal District or Minister of State. (Amended by Decree No. 7,957, 2013)

§ 1the duties and responsibilities of the Minister of State for Justice determine the employment of national public security Force, which will be episodic and planned.

§ 2the deployable contingent of national public security Force will consist of servers that have received, the Ministry of Justice, special training for joint operations, members of the federal police and the public security organs of States which have adhered to the Federal cooperation program.

§ 3the the Act of the Minister of State for Justice to determine the employment of national public security Force will contain:

I-demarcation of the area of activity and limiting the period in which the activities of the National Public Security Force will be performed;

II-an indication of the measures for the preservation of public order to be implemented; and

III-the guidelines will dominate the development of public security operations.

§ 4the responsibilities of the members of the law enforcement agencies involved in activities of the National Public Security Force are those provided for in article 144 of the Constitution and the laws in force.

§ 5the Ministry of Justice shall ensure permanent minimum quota of five hundred men of the National Public Security Force trained for immediate employment. (Included by Decree No. 6,189, 2007)

Art. 5the servers of organs of public security mobilised to act in an integrated manner, in the Federal cooperation program, will be under the coordination of the Ministry of Justice for the duration of her mobilization, but do not fail to join the staff of their respective organs.

§ 1the Union shall pay the per diem, for eventual collaborator, pursuant to art. 4of the law nothe 8,162, January 8, 1991, directly to State servers deployed to collaborate on activities of the National Public Security Force in order to compensate them for the costs of transportation, lodging and meals. (Repealed by Decree No. 6,189, 2007)

§ 2the payment referred to in the caput shall be effected by reference to the period beginning with the presentation of server and exited with their demobilization. (Repealed by Decree No. 6,189, 2007)

§ 3the value to be paid for the compensation, will not be computed character for the purposes of salaries, additional service time or vacation, 13th salary or other pecuniary advantages, not integrating the server salary whatsoever. (Repealed by Decree No. 6,189, 2007) § 4the value to be paid will not be computed for the purposes of payment of proceeds of inactive or food, including pension. (Repealed by Decree No. 6,189, 2007)

Sole paragraph. The civil servants and military personnel of the States and the Federal District that participate in activities as a result of an agreement of cooperation that this Decree will be referral-daily, to be paid in the form provided for by article 6of the law nothe 11,473, May 10, 2007. (Included by Decree No. 6,189, 2007)

Art. 6the the Ministry of Justice consulted the States joining the Federal cooperation program, draw up a proposal for the provision of medical care and life and accident insurance of servers deployed, victimized when in activeness in operations of the National Public Security Force.

Art. 7the Case some military mobilized server will respond to the police investigation or the court proceedings by their activeness in operations of the National Public Security Force, can be represented in court by the Attorney General, pursuant to article 22, first paragraph, of the lawthe 9,028, April 12, 1995.

Art. 8the States servers deployed in operation of the National Public Security Force will be designated by the Ministry of Justice.

Art. 9the the Union can provide additional human and material resources or additional requirements when they are non-existent, unavailable, unsuitable or insufficient resources of State bodies, for the performance of the activities of the National Public Security Force.

§ 1the Armed Forces, by specific authorization of the President of the Republic, and other federal agencies released the Ministry of Justice may offer facilities, intelligence resources, transport, logistics and training in order to contribute to the activities of the National Public Security Force.

§ 2the In case of employment of Armed Forces for ensuring law and order, in the form of specific legislation, the President of the Republic may order the Ministry of Justice to put at the disposal of the Ministry of Defense the material resources of the National Public Security Force.

§ 3the States can also participate in joint operations of the National Force of public safety by providing logistic and material resources.

Art. 10. it is up to the Ministry of Justice:

I-coordination of the planning, the preparation and the mobilization of the National Force of public safety, including:

a) mobilization, coordination and definition of the command structure of the members of the National Public Security Force;

b) Administration and arrangement of material and financial resources required for the employment of national public security Force;

c) consultations to other organs of the federal public administration on any relevant aspects to the activities of the National Public Security Force;

d) support request the administration of the States and the Federal District to the activities of the National Public Security Force, in conformity with the federal organization; and

and) intelligence and management of information produced by the public security organs;

II-arrange the procurement of goods and equipment required for activities of the National Public Security Force and material support and manage programs aimed at revamping public security bodies of the States and the Federal District, with funds from the National Public Security Fund, after I approve of its managing Council, in the form of the sole paragraph of art. 3the  § 1 andthe No. 4the law nothe 10,201, February 14, 2001;

III-to establish selection criteria and training of members servers national public security force;

IV-select and train police servers that the Governors of the participating States of federal cooperation programme put at the disposal of the National Force of public safety;

V-hold the budget planning and financial management regarding implementation of the activities of the National Public Security Force, in accordance with the commitments of the Managing Council of the National Public Security Fund, in the form of the sole paragraph of art. 3the  and § 1the No. 4the law nothe 10,201, 2001;

VI-to establish the dialogue with the States and the Federal District, as well as with law enforcement agencies and the Federal Government, for the provision of human, material and financial resources required for the functioning of the National Public Security Force; and

VII-set, in accordance with the specific legislation in force, the external identification signs and the uniform of the police mobilised for servers in the operations of the National Public Security Force.

Art. 11. the existing hierarchical structure in the organs of public security of the Union, the States and the Federal District and the principle of unity of command will be observed in the operations of the National Force of public safety.

Art. 12. the purchase of equipment, weapons, ammunition, vehicles, aircraft and vessels for use in training and coordinate operations of the National Public Security Force will be made by technical criteria of quality, quantity, modernity, efficiency and resistance, suitable for use in security actions for the preservation of public order, with respect to the physical integrity of persons.

Sole paragraph. It will be up to the Ministry of Justice to establish the administrative parameters and technical specifications for the contained in this article.

Art. 13. Is the Ministry of Justice authorized to celebrate with the States concerned federal cooperation agreement, in accordance with and for the specific purposes of this Decree.

Art. 14. this Decree shall enter into force on the date of its publication.

Brasilia, November 29, 2004; 183the independence andthe 116 of the Republic.

 

LUIZ INÁCIO LULA DA SILVA Márcio Thomaz Bastos

This text does not replace that published in DOU of 30.11.2004.

 ~ http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5289.htm

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2 thoughts on “The new Praetorian guard of Dilma Rousseff

  1. TENS RAZÃO, MANTER-SE-AO ÀS CUSTAS DE GUARDAS PRETORIANUS NO PODER . A FORÇA BRUTA CONTRA A RAZÃO DO POVO . . .

  2. Pingback: Brazilian Soldiers and Native Tribespeople Are Clashing in the Amazon | INTLFACES

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