Brazil has actively participated in the primary security forums at the international level. In February 2010, Brazil hosted the Eighth Meeting of Ministers of Justice or Attorneys General of the Americas (REMJA). Moreover, the Twelfth United Nations Congress on Crime Prevention and Criminal Justice was held in Salvador (April 2010), and showcased Brazilian government crime prevention efforts. REMJA provided a forum for the participating countries to share experiences and best practices, and culminated in the approval of global policy guidelines in crime prevention to be implemented over the next five years throgh the Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice System and Their Development in a Changing World.
Trafficking in Small Arms and Light Weapons:
Brazil assigns high priority to the control of illegal arms trafficking, and in particular, to the implementation of the United Nations Program of Action on Small Arms and Light Weapons, whose Fourth Biennial Meeting of States will be held in June 2010. In addition, Brazil has ratified the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials, and has been actively involved in the formulation of model legislation to regulate the use of such weapons and ammunition.
Brazil has an ample body of legislation dealing with this subject, which is essential to counteract the illicit manufacturing of and trafficking in weapons. Examples include: Law No. 10826 of December 22, 2003, the “Disarmament Statue,” the country’s primary regulatory tool; Decree-Law No. 5123 of July 21, 2004, the implementing legislation of the Disarmament Statue; Decree-Law No. 3665 of November 20, 2000, known as “R-105,” regulating activities (manufacture, use, import/export, customs requirements, etc.) associated with weapons controlled by the Brazilian Armed Forces; Ministerial Decree No. 7-D LOG of the Logistics
Department of the Ministry of Defense, of April 28, 2006, regulating firearms identifying information in Brazil; and Ministerial Decree No. 16-D LOG, also issued by the Logistics Department of the Ministry of Defense, on ammunition identifying information.
In Brazil, the Controlled Products Inspection Office (DFPC) of the Brazilian Army exercises control over activities associated with light weapons, including: (a) control of manufacturing through factory inspections, which must provide real-time information to both the Army Command Center and the National Arms Control System (SINARM); (b) sporting use or gun collectors, monitored through inspections of gun owners; (c) import and export operations involving firearms, which are subject to inspections and the relevant licenses; (d) customs inspections; (e) permits for the transport of weapons; and (f) controlled sales.
Pursuant to Decree No. 3665, all exports and transit operations involving firearms for civilian use require the relevant permits and licenses issued by the Army. Beyond the necessary documentation, military inspections of such materials are required at the points of entry and exit, in addition to controls required for such purpose by the National Export Policy for Military-Use Materials (PNEMEM).
Brazilian firearms legislation provides for a number of different weapons violations, including: unlawful possession of legal firearms; negligence resulting in access to firearms by minors or the mentally incompetent; illicit discharge of firearms; unlawful possession or transport of illegal or restricted-use firearms; and international trafficking.
The Army alone is legally responsible for the destruction of small arms, light weapons, and ammunition, whether such destruction is necessary due to excessive inventories, confiscation operations, or the voluntary surrendering of weapons. Article 25 of Law No. 10826 stipulates that any discovery or confiscation of unlawfully obtained weapons shall be destroyed by the Army immediately following the conclusion of any necessary legal proceedings carried out for purposes of investigation. Current legislation expressly prohibits any other use for such weapons.
Moreover, national legislation requires that weapons include identifying information, pursuant to Ministerial Decree No. 7-D LOG of the Logistics Department of the Ministry of Defense. The Army’s technical specifications for firearms manufactured in Brazil require that all firearms must bear the manufacturer’s name or trademark, name of the country of manufacture, serial number, and year of manufacture, to ensure that such identifiers cannot be removed. Additionally, firearms used by the country’s public security forces are identified with the Brazilian coat of arms. Legislation governing firearms identifying information also applies to firearm imports and exports, as well as ammunition.
Worthy of note in this regard have been Brazil’s periodic campaigns to collect and re-register weapons, to involve civil society in such efforts, and to centralize the registration of information on civilian and military firearms through SINARM, pursuant to law.
Public Security and PRONASCI:
The guiding principle underlying the National Program for Public Security and Citizenship (PRONASCI) is articulation between public security and social policies, emphasizing crime prevention and respect for human rights, while targeting efforts to undermine the strategies of organized crime, such as corruption in the penitentiary system. The core components of the program are: (a) training and certification of public security professionals; (b) restructuring the penitentiary system; (c) combating police corruption; and (d) mobilizing the public in crime prevention efforts. The first component includes federally sponsored training courses for law enforcement personnel of the individual states, in efforts to promote the adoption of best practices.
Brazil has actively worked, through international as well as national forums, to prevent armed violence. An example of international action in this regard is the Geneva Declaration on
Armed Violence and Development, adopted at the Ministerial Summit on Armed Violence and Development (June 7, 2006), under the auspices of the Swiss government and the United Nations Development Program (UNDP). Initially signed by 42 countries, the Geneva Declaration now has a total of 105 signatory countries.
At the national level, Brazil’s response to the challenges set forth in the Geneva Declaration are addressed through PRONASCI, which combine public security initiatives with development programs, both for law enforcement and the most vulnerable segments of the population in the country’s 11 major metropolitan areas. PRONASCI has been singled out internationally as an example for implementing the Geneva Declaration commitments.
Brazil is a contracting party to all 13 counter-terrorism international conventions currently in force, as well as the Inter-American Convention against Terrorism. Brazil is also a member of the Financial Action Task Force on Money Laundering (FATF), which has issued 40 recommendations on money laundering and nine specific recommendations to prevent and punish terrorism finacing.
Trafficking in Persons:
In October 2006, Brazil launched its National Policy for Combating Trafficking in Persons, in the wake of the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, ratified on March 12, 2004, and enacted into law by Decree No. 5017 that same year. A number of different federal government agencies and civil society organizations contributed to the development of this Policy, which establishes the principles, guidelines, and actions to prevent and suppress trafficking in persons, as well as to care for its victims.
In January 2008, Brazil launched its National Plan for Combating Trafficking in Persons (PNETP). The purpose of the PNETP is to guide implementation of the National Policy to Combat Trafficking in Persons, through the establishment of a series of goals to be accomplished over a 2-year period, to be carried out in a comprehensive manner by different agencies of the Brazilian State. The PNETP not only comprises activities related to criminal justice and citizen security, but also in the areas of foreign relations, education, health, social welfare, promotion of racial equality, labor and employment, agricultural development, human rights, protection and promotion of women’s rights, tourism, and culture.
The National Strategy to Combat Corruption and Money Laundering (ENCCLA) is an articulation initiative encompassing a number of different government agencies which together coordinate consistent and fficient public policies to address crime. The ENCCLA coordinates the development of annual as well as multi-year action plans. Moreover, the ENCCLA meets at the end of each year in order to evaluate the progress made over the previous year and to identify those aeas it will address in subsequent years. The model of coordinated work among government agencies, launched in 2004, has been successfully replicated in subsequent years.