Brazil - OPCAT Situation
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. The LPM from Rio de Janeiro has been operational since August 2011.
The SPT visited Brazil in September 2011 and the report was made public. Brazil decided to make its response public in November 2012. The SPT carried out a second visit to Brazil in October 2015.
The SPT member Felipe Villavicencio Terreros is the SPT Focal Point for Brazil.