National Preventive System in Federal State
Law N° 12.847 (2 August 2013) - Portuguese version
Implementing Decree N° 8.154 (16 December 2013) - Portuguese version
Law N° 12.857 creating the NPM members' positions (2 September 2013) - Portuguese version
Alagoas: State Mechanism to Prevent and Combat Torture
Rio de Janeiro: Mechanism to Combat and Prevent Torture
Espirito Santo: State Mechanism to Prevent and Combat Torture
Paraíba: State Mechanism to Prevent and Combat Torture
Pernambuco: State Mechanism to Prevent and Combat Torture
Rondonia: State Mechanism to Prevent and Combat Torture
Minas Gerais: State Mechanism to Prevent Torture
Alagoas: New Specialised Institution
Rio de Janeiro: New Specialised Institution
Espirito Santo: New Specialised Institution
Paraíba: New Specialised Institution
Pernambuco: New Specialised Institution
Rondonia: New Specialised Institution
Alagoas: Law n°7.141/2009 (December 2009)
Rio de Janeiro: Law n. 5778/2010 (30 June 2010)
Espirito Santo: Law nº10.006 (April 2013)
Paraíba: Law nº 9413 (July 2011)
Pernambuco: Law nº 14.863 (December 2012)
Rondonia: Law nº 3.262 (5 December 2013)
Minas Gerais: Law nº 21.164 (17 January 2014)
Brazil ratified the OPCAT in 2007. In August 2013, Brazil adopted the national legislation establishing the National System to Prevent and Combat Torture and creating two bodies aimed at monitoring places of detention and promoting the rights of persons deprived of their liberty: the Committee and the National Preventive Mechanism.
In December 2013, a Presidential Decree was published to regulate the functioning of the National System to Prevent and Combat Torture, including the selection process of the members to the two national torture prevention bodies. In January 2014, the Human Rights Secretariat of the Presidency of the Republic launched a public call for the 12 seats of the National Committee to Prevent and Combat Torture assigned to representatives from civil society organisations and professional associations. The call was published in the Federal Official Gazette on 31 January 2014 and is open until 18 February 2014.
Similarly to Argentina, OPCAT implementation has also started at the state level: legislations establishing local preventive mechanisms have been adopted in six States (Alagoas, Espirito Santo, Paraíba, Pernambuco, Rio de Janeiro and Rondonia) while the State of Minas Gerais is examining a draft LPM legislation. Of those, the LPMs of Rio de Janeiro, Pernambuco and Rondonia are operational.
The SPT visited Brazil in September 2011 and October 2015. Both SPT reports were made public, as well as the response from the government.
The SPT member who is the SPT Focal Point for Brazil is available here.