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overview of the governmental action crime prevention and criminal justice the dynamics of facing global challenges xii united nations congress on crime prevention and criminal justice april 12th­19th 2010 salvador brazil

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ministÉrio das relaÇÕes exteriores ministro de estado secretário-geral embaixador celso amorim embaixador antonio de aguiar patriota fundaÇÃo alexandre de gusmÃo presidente embaixador jeronimo moscardo a fundação alexandre de gusmão instituída em 1971 é uma fundação pública vinculada ao ministério das relações exteriores e tem a finalidade de levar à sociedade civil informações sobre a realidade internacional e sobre aspectos da pauta diplomática brasileira sua missão é promover a sensibilização da opinião pública nacional para os temas de relações internacionais e para a política externa brasileira ministério das relações exteriores esplanada dos ministérios bloco h anexo ii térreo sala 1 70170-900 brasília df telefones 61 3411-6033/6034 fax 61 3411-9125 site www.funag.gov.br

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overview of the governmental action crime prevention and criminal justice the dynamics of facing global challenges xii united nations congress on crime prevention and criminal justice april 12th­19th 2010 salvador brazil brasília 2010

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copyright © fundação alexandre de gusmão ministério das relações exteriores esplanada dos ministérios bloco h anexo ii térreo 70170-900 brasília ­ df telefones 61 3411-6033/6034 fax 61 3411-9125 site www.funag.gov.br e-mail funag@itamaraty.gov.br capa samson flexor abstrato 1957 1957 ost 42 x 90cm organized by the coordination general on transnational crime ministry of external relations equipe técnica maria marta cezar lopes cíntia rejane sousa araújo gonçalves erika silva nascimento fabio fonseca rodrigues júlia lima thomaz de godoy juliana corrêa de freitas programação visual e diagramação juliana orem e maria loureiro impresso no brasil 2010 o96 overview of the governmental action crime prevention and criminal justice the global challenge and the dinamics of combat ­ brasília df funag 2010 144 p il isbn 978-85-7631-203-1 twelfth united nations congress on crime prevention and criminal justice april 12th-19th 2010 salvador 1 prevenção ao crime 2 segurança pública 3 criminalidade urbana 4 justiça criminal 5 tráfico de pessoas cdu 351.759.681 depósito legal na fundação biblioteca nacional conforme lei n° 10.994 de 14/12/2004.

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list of abreviations abc ­ brazilian cooperation agency abin ­ brazilian intelligence agency anac ­ national civil aviation agency antt ­ national ground transportation agency anvisa ­ national health surveillance agency arb ­ return to brazil authorization btwc ­ convention on the prohibition of the development production and stockpiling of bacteriological biological and toxin weapons and on their destruction cicad ­ inter-american drug abuse control cicte ­ the inter-american committee against terrorism cintepol ­ integrated police intelligence and strategic analysis center cnd ­ united nations commission of narcotic drugs coaf ­ financial activities control board conad ­ national council for drug policy conanda ­ national council on the rights of the child conepa ­ congress on alternative sentences and penalties conjuve ­ national youth council conportos ­ national public port terminal and waterway security commission conseg ­ national conference on public security cnen ­ national nuclear energy commission creden ­ external relations and national defense committee cvm ­ brazilian securities commission cwc ­ chemical weapons convention darm ­ illicit arms trafficking suppression unit dct ­ counter-terrorism department depen ­ national penitentiary department dpf ­ federal police department drci ­ department of asset recovery and international legal cooperation

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drt ­ regional labor offices eca ­ child and adolescent bill of rights esf ­ family health strategy etp ­ coordinating group on confronting trafficking in persons fatf ­ financial action task force on money laundering and terrorist financing fiu ­ financial intelligence unit funpen ­ national penitentiary fund genacis ­ gender alcohol and culture an international study by the world health organization gafisud ­ financial action task force of south america gsi ­ office of institutional security of the presidency of the republic iaea ­ international atomic energy agency ica ­ aeronautical command order icao ­ international civil aviation organization incb ­ international narcotics control board infopen ­ national penitentiary information database infraero ­ brazilian airport infrastructure company sisp ­ public security intelligence subsystem isps code ­ international ship and port facility security code rfb ­ federal revenue department lep ­ criminal sentence execution md ­ ministry of defense mem ­ multilateral evaluation mechanism mf ­ ministry of finance nepom ­ special maritime police centers npt ­ nuclear non-proliferation treaty oas ­ organization of american states obid ­ brazilian drug information observatory oij ­ ibero-american youth organization pac ­ accelerated growth program paism ­ national policy on comprehensive women s health care pec ­ proposed constitutional amendment pen online ­ pre-export notification online pequí ­ national chemical profile study pestraf ­ study on trafficking in women children and adolescents for sexual exploitation

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pnad ­ national household sample survey pnavsec ­ national civil aviation security program pnetp ­ national plan on confronting trafficking in persons pnssp ­ national penitentiary system health plan ppcaam ­ protection program for children and youth threatened with death prf ­ federal highway patrol department pronasci ­ national public security with the full exercise of human rights program rede ­ diversity education network redlece ­ latin american network for education in prisons renade ­ national network for the defense of young persons in conflict with the law renaesp ­ national advanced studies in public security network santer ­ counter-terrorism service of the federal police sedh ­ the special secretariat of human rights of the presidency of the republic senasp ­ national secretariat of public security seppir ­ special secretariat for policies to promote racial equality sinarm ­ national weapons database sinase ­ the national social-educational assistance system sinpi ­ national database of wanted and banned persons sinpa ­national passport database sisbin ­ brazilian intelligence system sisnad ­ national drug policy sipia ­ integrated database for children and young persons snj ­ national youth secretariat spm ­ special secretariat for women s policies srf ­ the brazilian revenue secretariat supera ­ national secretariat for drug policy sus ­ unified health system susp ­ unified public security system ungass ­ united nations general assembly special assembly unodc ­ united nations office on drugs and crime wmd ­ weapons of mass destruction

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summary foreword 11 preface 13 chapter 1 ­ children youth and crime 17 chapter 2 ­ ratification and implementation of international instruments for the prevention and elimination of terrorism 37 chapter 3 ­ crime prevention the guidelines of the united nations urban crime 55 chapter 4 ­ prevention and coping with human trafficking and violence against migrant workers and their families 67 chapter 5 ­ combating money laundering and pratical approaches to confront crime 79 chapter 6 ­ science and technology ­ resource within the reach of the crime but also of the law enforcement 95 chapter 7 deprivation of liberty measures and the treatment of prisoners ­ the united nations mininum rules 113 chapter 8 facing the world drug problem 127

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foreword the brazilian government is honored to host the twelfth united nations congress on crime prevention and criminal justice in the city of salvador in april 2010 brazilian society is engaged in the discussion of issues that concern other un member states regarding the promotion of their citizens security and welfare and in the pursuit of the best approaches to the extensive range of themes agreed for the congress agenda in order to present the positions of the brazilian delegation on such issues an overview of governmental action has been prepared to identify those of greatest relevance to the country to show the difficulties faced by government bodies in implementing sectoral security policies and the challenges confronting government action such as crime prevention and to point out the prospects for the continuous pursuit of best practices efficiency and protection of human rights in law enforcement the purpose of this overview of governmental action is to provide a succinct sample of reflections perceptions policies and actions by the different executive agencies that have participated in its preparation under the coordination of the ministry of external relations and the ministry of justice the work was accomplished by working groups consisting of representatives of the office of institutional security the special secretariat of human rights and the national secretariat for drug policy all three under the president s office the general attorney s office the ministry of the economy s financial 11

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overview of the governmental action activities control board the federal police and national penitentiary departments the brazilian intelligence agency the national criminal and penitentiary policies counsel the national public security counsel the office of the comptroller general the ministries of education and health the national youth and public security bureaus under the president s office and the federal supreme court this publication aims at broadening cooperation among the countries participating in the twelfth congress can be derived with a view to building fairer societies and to fostering a culture of peace in the international community 12

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preface this overview of governmental action presents some of the most relevant brazilian policies on the important issues of the agenda pertaining to public security and to preventing and combating transnational crime which are the object of a coordinated ongoing reflection by the brazilian government this publication reflects the brazilian government s positions on the themes addressed by the twelfth united national congress on crime prevention and criminal justice and refers to good practices implementation draft bills and experiences in international cooperation as well as on innovative initiatives applicable in other countries and on possible actions by the international community this overview of brazilian actions policies and initiatives shows that the country has made significant progress in areas of vital importance public security and combating corruption money laundering and organized crime as well as trafficking in persons and exploitation of migrants are a priority for the brazilian government in implementing policies and programs anchored on coordinated action by the various government levels and agencies brazil has adopted multidisciplinary measures that address the different aspects of each problem moreover government policies and actions in recent decades have been characterized by the systematic participation of institutions and representatives of civil society this multidisciplinary approach was adopted in order to establish the national public security and citizenship program pronasci launched 13

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overview of the governmental action by president luiz inácio lula da silva in august 2007 and unanimously approved by the brazilian national congress pronasci introduces a new model of public security in brazil as it combines security policies and social actions emphasizing prevention and targeting the causes of violence which are often linked to social vulnerability based on the principle of respect of human rights the program goes beyond the limits of a government policy to become a state policy aimed at guaranteeing the most basic right ­ the right to life from the brazilian standpoint public security should be seen as a democratic achievement of the entire society to be recognized and respected the state must function as an effective institution in ensuring the dignity of all citizens all pronasci actions will be mentioned throughout this publication but for a better understanding of the program s underlying principles one could already mention the actions geared to urbanization and recovery of public spaces these actions are of fundamental importance for less developed communities and help the perception of the state s presence besidesthe coercive aspect government bodies are thus seen as social cohesion agents and as facilitators of opportunities for social educational and cultural uplifting other pronasci actions range from programs aimed at the young population especially at young people in vulnerable situation to initiatives for combating criminal organizations civil society has played a major role in pronasci participating in the change of the brazilian public security paradigm as illustrated by the first national conference on public security this conference provided a forum of discussion between the federal state and brazilian society for the development of a national public security policy whose guidelines incorporate the main demands identified by the most diverse civil society organizations also worth stressing are brazil s efforts to develop and implement a public policy on the traffic in persons in january 2010 was concluded an assessment of the implementation of the first national plan on confronting trafficking in persons and a goal has already been established for the preparation of the second plan based on the national policy on confronting trafficking in persons introduced in 2006 this policy is reinforced by pronasci actions which also include measures to combat this problem a national campaign was recently launched to raise the population s awareness of this crime and to involve brazilian society in combating it progress in this respect includes the training of specialized agents and the setting up of an integrated system for 14

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preface confronting trafficking in persons under national justice secretariat of the ministry of justice s which allows the sharing of information among the agencies charged with the execution of national plans another priority policy set by the brazilian government is combating money laundering the national strategy to combat corruption and money laundering involve over sixty government agencies in accordance with the issues addressed and with annual and multiyear plans its purpose is to help the different agencies to coordinate consistent effective public policies on combating organized crime these policies call among other things for an array of government actions to combat money laundering and to recover illicit assets held both at home and abroad originating in the embezzlement of public funds conscious that the success of policies on combating transnational crimes is helped by international cooperation brazil has established partnerships promoted joint initiatives extended assistance and received support from different countries and international organizations it has actively participated in and presented proposals at international forums adopted recommendations as well as identifying flaws overhauling domestic legislation and suggesting changes for improving the mechanisms of cooperation among countries the twelfth united nations congress on crime prevention and criminal justice is one of the most important forums for the exchange of experiences and good practices in combating crimes affecting the international community it has the full support of the brazilian government for strengthening its agenda and following up its results so that lines of action may be adopted to enhance the efficacy and efficiency of crime prevention strategies thereby improving our criminal justice systems and speeding up judiciary actions it is incumbent upon the participating countries to formulate a new vision of the great issues and thus strengthen the rule of law recognizing the criminal justice system as one of the guiding factors of government actions aimed at promoting democracy and economic and social development 15

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