Brazil - OPCAT Situation

Opcat status

OPCAT Ratification January 12, 2007
UNCAT Ratification September 28, 1989
NPM Type

National Preventive System in Federal State

NPM Legal Framework

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

LPM Designated

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

LPM Type

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

LPM Legal framework

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.