IBGE. SIS 2010, 155

71 IBGE. ttp://www.ibge.gov.br/home/estatistica/populacao/trabalhoerendimento/pnad2009/default.shtm

72 INCRA also incorporated 48.3 million hectares of land in the Agrarian Reform Programme. MDA.

INCRA. Prestação de Contas Ordinárias Anual – Relatório de Gestão do Exercício de 2010 (Ordinary Annual Accountability Statement – Management Report for Fiscal Year 2010). Brasília, March 2011.

73 MDA/INCRA. Prestação de Contas Ordinárias Anual – Relatório de Gestão do Exercício de 2010 (Ordinary Annual Accountability Statement – Management Report for Fiscal Year 2010), (Brasília:

INCRA, 2011), 29.

74 MDA. http://www.mda.gov.br/portal/noticias/item?item_id=8393275 Accessed 28 October 2011.

75 MDA. http://www.mda.gov.br/portal/noticias/item?item_id=8393275 Accessed 28 October 2011.

76 The PAA was implemented through article 19 of Law No. 10696 of 2 July 2003, regulated by Decree No. 6447 of 7 May 2008, and updated by Provisional Measure No. 535 of 2011.

77 Traditional Peoples and Communities (PCT) are classified, in accordance with Decree No. 6040 of 7 February 2007, as culturally distinct groups that recognize themselves as such and have their own forms of social organization, occupy and use territories and natural resources as a condition for their cultural, social, religious, ancestral, and economic reproduction, utilize knowledge, innovation, and practices generated and transmitted by tradition. These groups include: extractivist, quilombo, settled landless rural worker (defined pursuant to MDA Directive No. 111 of 20 February 2003), indigenous, river, Pomeranian, caboclo, terreiro, and artisanal fishing communities, as well as families displaced and affected by dam projects.

78 MDA http://www.mda.gov.br/portal/noticias/item?item_id=8094079, accessed 11 October 2011.

79 Resolution No. 44 of 17 August 2011 http://www4.planalto.gov.br/consea/noticias/imagens-1/resolucao-44

80 1988 Brazilian Federal Constitution, article 231, paragraph 2.

81 Ministry of Justice. Ações MJ 2007-2009 (MJ Actions 2007-2009), (Brasília: MJ, 2009), 45.

82 Data from the “Protection and Promotion of Indigenous Peoples Programme”, Plano Plurianual 2008-2011 (the Multi-Annual Plan 2008-2011), published by the Ministry of Planning at http://www.planejamento.gov.br/secretarias/upload/Arquivos/s

pi/PPA/2010/100920_PPA_2010_AnexoI.pdf, accessed 12 September 2011.

83 For example, ten regional seminars were held throughout Brazil with indigenous communities in 2008 to present and discuss the content of Bill No. 2057/91, governing the development of a new Statute on Indigenous Peoples. Following the seminars, indigenous peoples’ contributions were systematized and on 5 August 2009 the CNPI’s proposed text was sent to the president of the National Congress, where it is awaiting approval.

84 Data from the “Protection and Promotion of Indigenous Peoples Programme”, Plano Plurianual 2008-2011 (the Multi-Annual Plan 2008-2008-2011), published by the Ministry of Planning at http://www.planejamento.gov.br/secretarias/upload/Arquivos/s

pi/PPA/2010/100920_PPA_2010_AnexoI.pdf, accessed 12 September 2011.

85 Indigenous lands with non-indigenous trespassers or occupiers.

86 A number of contentious issues have been resolved, such as demarcation of the Tupiniquim Guarani territory in the state of Espírito Santo and continuous demarcation of the “Raposa Serra do Sol”

Indigenous Land in the state of Roraima. On the latter question, on 20 March 2009 the Federal Supreme Court recognized the rights of an estimated 19,000 indigenous individuals from the Ingarikó, Makuxi, Taurepang, Wapixana, and Patamona ethnicity to their lands and the removal of all non-indigenous inhabitants from the region. Implementation of the Court’s decision has not yet been completed.

87 PNDH-3. Strategic Objective III: Guaranteed access to land and housing for low income populations and vulnerable social groups. SEDH/PR. PNDH-3, 71.

88 See Guideline 4, Objective I, action i, of the PNDH-3. SEDH/PR, PNDH-3, 46.

89 The ILO Convention 169 was ratified by Brazil in 2002.

90 Approval of Law No. 12288 of 20 July 2010, governing the Statute on Racial Equality, fulfils the first programmatic actions of Guiding Axis III, Guideline 9, Strategic Objective I, of the PNDH-3, which calls for: support, before the Legislature, for the approval of the Statute on Racial Equality, with a view to meeting Strategic Objective I: Equality and protection of the rights of Afro-descendant populations historically subject to discrimination and other forms of intolerance. SEDH/PR. PNDH-3, 105.

91 Article 4 of Law No. 12288 of 20 July 2010.

92 The quilombo communities were established by Afro-descendants who resisted slavery by seeking refuge in inland areas of the country, generally isolated and remote regions. The majority of these communities remained cut off from public services and regular contact with the rest of society and their current socioeconomic condition reflects this exclusion.

93 The National Congress is currently considering Bill No. 44/2007, which would suspend Decree No.

4887 of 20 November 2003, governing the procedures for identifying, recognizing, delimiting, demarcating, and titling lands occupied by quilombo communities. In addition, a decision is pending from the Federal Supreme Court on a Declaratory Action of Unconstitutionality (ADIN) of the same Decree No. 4887/2003.

94 SEPPIR. “Brazil Quilombo Programme”, http://www.seppir.gov.br/acoes/pbq. The data in the report were updated based on SEPPIR’s 2010 data.

95 The Quilombo Women’s Project was implemented by the Ministry of Agrarian Development in partnership with United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) and the Department for International Development of the United Kingdom (DFID). MDA. “Mulheres Quilombolas,” (“Quilombo Women”), http://sistemas.mda.gov.br/aegre/index.php?sccid=588

96 The National Agrarian Ombudsman which coordinates the Peace in the Countryside Programme is subordinated to the Ministry of Agrarian Development.

97 These include the judicial branch, the Public Prosecutor’s Office, the Federal Police Department, the Military Police, the Civil Police, the Courts, the Internal Affairs Offices, and the Secretariats of Public Security.

98 Created on 31 December 2004 and established on 14 June 2005, the National Justice Council (CNJ) is a judicial branch body acting throughout the whole national territory in ensuring that judicial protection is provided with morality, efficiency, and for the benefit of all of society. CNJ. “Sobre o CNJ,” (“On CNJ”) accessed 2 November 2011, http://www.cnj.jus.br.

99 National Justice Council. “Fórum de Assuntos Fundiários” (Forum on Land Affairs).

http://www.cnj.jus.br/programas-de-a-a-z/forum-de-assuntos-fundiarios.

100 Planalto. Address by the President of the Republic, Dilma Rousseff, at the closing ceremony of the Margaridas March , accessed 2 November 2011, http://www2.planalto.gov.br/imprensa/discursos/discurso- da-presidenta-da-republica-dilma-rousseff-durante-solenidade-de-encerramento-da-marcha-das-margaridas-2011-brasilia-df-31min17s

101 Committee on the Elimination of Discrimination Against Women. “General comment 19 on violence against women,” adopted at the 11th session, 1992.

102 24% of all cases involve armed threats to the freedom of movement, while 13% involve marital rape or abuse. Perseu Abramo Foundation and SESC. Brazilian Women and Gender in Public and Private Spaces. 2010. pg. 235.

103 SPM. National Pact to Combat Violence against Women. (SPM: Brasília, 2010), 74.

104 Information available at http://www.pc.ro.gov.br/portal/observatorio/index.php?option=com_

content&view=article&id=9&Itemid=17. Accessed 21 october 2011.

105 Technical Standard of the Special Police Stations for Women’s Assistance. p. 59.

106 Brazil. Special Secretariat for Women’s Policies. Balanço da Central de Atendimento à Mulher – 2006 a 2009 (Overview of the Women’s Assistance Hotline – 2006 to 2009). Brasília, 2010.

107 Law No. 11340 established domestic violence as a type of human rights violation and incorporated into the domestic law the Inter-American Convention on Preventing, Punishing, and Eliminating Violence against Women (Belém do Pará Convention), ratified by the Brazilian State in 1995, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by the Brazilian State in 1984.

108 These mechanisms include: Domestic and Family Violence Units in Courts of Justice; Specialized Women’s Defence Centres in Public Defender’s Offices; among others.

109 Ministry of Justice, “Efetivação Lei Maria da Penha,” accessed 23 November 2011, www.mj.gov.br/reforma

110 Federal Supreme Court Decision. Declaratory Action of Constitutionality No. 19 and Direct Action of Unconstitutionality No. 4424. Rapporteur: Marco Aurelio Min. Judgment on February 9, 2012.

111 Among other measures, the Constitutional Amendment No. 45 embodied the constitutional reforms of the judicial branch, implementing profound changes to various constitutional provisions, most notably in respect of the judiciary and the Public Prosecutor’s Office, with a view to ensuring more effective legal protections for Brazilian citizens.

112 Law No. 12313 of 19 August 2010, which amended Law No. 7210 of 11 July 1984 – Law of Criminal Execution.

113 Ministry of Justice, “Assistência ao Preso,” www.mj.gov.br/reforma.

114 INFOPEN. Indicadores automáticos. Brasília, June 2011. Accessed 11 January 2012.

115 INFOPEN. Indicadores automáticos. Brasília, June 2011. Accessed 11 January 2012.http://portal.mj.gov.br/

data/Pages/MJD574E9CEITEMIDC37B2AE94C6840068B1624D28407509CPTBRNN.htm

116 The number of young men and women aged 18-29 years currently incarcerated in the penitentiary system is 249,122. A total of 267,681 prison inmates are Afro-Brazilians and mulatto, while 161,584 are white. The number of prisoners who have not completed their primary education is 212,266, against 1,947 who concluded a higher education programme. Automatic Indicators. Brasília, June 2011.

http://portal.mj.gov.br/data/Pages/MJD574E9CEITEMIDC37B2AE94C6840068B1624D28407509CPTB RNN.htm

117 Indicadores automáticos. Brasília, June 2011. Accessed 11 January 2012. http://portal.mj.gov.br/

data/Pages/MJD574E9CEITEMIDC37B2AE94C6840068B1624D28407509CPTBRNN.htm

118 Indicadores automáticos. Brasília, June 2011. Accessed 11 January 2012. http://portal.mj.gov.br/ data/

Pages/MJD574E9CEITEMIDC37B2AE94C6840068B1624D28407509CPTBRNN.htm

119 Updated data of the Collective Mobilization for Prison Reviews, CNJ, 1 November 2011.

120 Law No. 12.594, 18 January 2012.

121 Article 5, III, of the Brazilian Federal Constitution provides that “no one shall be submitted to torture or to inhuman or degrading treatment.”

122 Prison Pastoral Care. Relatório Sobre Tortura: uma experiência de monitoramento dos locais de detenção para prevenção da tortura (Report on Torture: an experience of monitoring detention facilities to prevent torture). (São Paulo, 2010), p. 07.

123 Chamber of Deputies. Parliamentary Inquiry Commission to Investigate Case of torture and Mistreatment by Public Officials. Report. 2002.

124 Secretariat for Human Rights. Disque Direitos Humanos - Disque Denúncia Nacional Módulo Criança e Adolescente (Human Rights Hotline – Child and Adolescent Module), accessed on 1 November 2011, http://portal.mj.gov.br/sedh/spdca/T/relatorio_geral_maio_2003_a_fev_%202011.pdf

125 The initiatives were initially reflected in the Plan of Integrated Actions to Prevent and Combat Torture of 2006 and have been continuously expanded throughout the years.

126 Article 109, paragraph 5 of the Brazilian Federal Constitution.

127 In 2005, an effort was made to displace jurisdiction to Federal Justice in the case of the murder of American missionary Dorothy Stang, who was engaged in defending the rights of settlers involved in conflicts with squatters in Pará. However, the Superior Court of Justice did not grant the motion of displacement, arguing that the state authorities were committed to resolving the crime, bringing the perpetrators to trial, and prosecuting the accused.

128 Bahia, Minas Gerais, Espírito Santo, Pernambuco, and Pará.

129 Rio de Janeiro, Rio Grande do Sul, and Ceará.

130 Law No. 9807/99.

131 Ministry of Justice. “Índice de Homicídios na Adolescência” (“Adolescent Homicide Index”), accessed 29 November 2011, http://portal.mj.gov.br/sedh/documentos/idha.pdf

132 Chamber of Deputies Bill (PLC) 41/10.

133 Chamber of Deputies Bill (PLC) 88/11.

134 The Amnesty Caravans are public hearings held at the sites where human rights violations occurred and other locations with symbolic importance to victims to consider amnesty applications. The activity is composed of a memory and tribute session, followed by review of the amnesty application, a public statement from the victim, and an official apology by the State. To date, 50 editions of the Caravans have been held in 17 states throughout Brazil, involving public reviews of more than 850 applications and the estimated participation of over 15,000 people.

135 The Marks of Memory project launched in 2010 is aimed at decentralizing historical memory policies from the State to civil society through resource transfers. Every year, the Amnesty Commission issues public calls for the submission of historical memory projects in a diversity of areas, including: the collection of statements, production of books, films, theatre performances, and art exhibits.

136 The Amnesty Memorial, a national memorial on political repression designed to honour the victims of past violations and disseminate human rights principles in the present, is currently under construction in Belo Horizonte. Scheduled for inauguration in 2014, the Memorial has been developed with the extensive participation of civil society stakeholders through participatory councils.