United Nations

HRI/CORE/BRA/2020

International Human Rights Instruments

Distr.: General

6 August 2020

Original: English

Common core document forming part of the reports of States parties

Brasil *

[Date received: 30 April 2020]

I.General information about the State

A.Demographic, economic, social, and cultural characteristics

i.Demographic characteristics

1.Brazil is divided into five major Regions (North, Northeast, Midwest, Southeast, and South) with very diverse demographic, climatic, cultural, and social characteristics.

2.According to the latest National Census, carried out in 2010, Brazil had a population of 190,755,799 people. The series of Brazilian censuses attest to consecutive increases in population, which has grown almost 20 times since the first census carried out in the country, in 1872. Compared to the results of the 2000 census, the Brazilian population grew 12.3%, an average annual growth of 1.17%, the lowest rate observed in the series under examination.

Table 1

Resident population and geometric average annual growth rate. Brazil, 1980 to 2010

1980

1991

2000

2010

Total population

119 002 706

146 825 475

169 799 170

190 755 799

Average annual growth rate

2.48*

1.93

1.64

1.17

Source: Brazilian Institute of Geography and Statistics (IBGE), 1980/2010 Demographic Census.

* In comparison with the total population reported in 1970, which was of 93,139,037.

3.According to data of the Brazilian Institute of Geography and Statistics – IBGE, in August 2017, the Brazilian population was estimated at 207,660,929 million.

4.The 2010 Census confirmed a trend for reduction in the absolute number of births in the country. The total fertility rate has decreased from 2.38 children/women, in 2000, to 1.95, in 2010. Additionally, women giving birth have become, on average older, with a reduction from 23.5% to 19.3% of mothers who are less than 20 years old, and an increase of those who are 30 years old or more (from 22.5% to 27.9%), from 2000 to 2010.

5.The gross birth rate, on its turn, during the period from 2000 to 2015, had a descending trend, decreasing from 20.3 to 14.2.

Table 2

Gross Birth Rate (for each 1,000 inhabitants). Brazil, regions, and Federative Units (UF), 2000 to 2015

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Brazil

20.3

19.5

18.7

18.2

17.9

17.5

17

16.6

16.3

16

15.8

15.5

15.1

14.8

14.5

14.2

Source: General Coordination Office for Epidemiological Information and Analyses of the Health Surveillance Secretariat of the Ministry of Health (CGIAE/SVS/MS), Busca Ativa and IBGE ’ s Brasil em Síntese website.

* Numbers estimated for 2011.

6.The gross mortality rate, on its turn, showed a decrease from 2000 to 2006, maintaining its level until 2015, as shown below.

Table 3

Gross General Mortality Rate (for each 1,000 inhabitants). Brazil, regions, and UF, 2000 to 2015

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Brazil

6.7

6.6

6.4

6.4

6.3

6.2

6.1

6.1

6.1

6.1

6.0

6.0

6.0

6.0

6.1

6.1

Source: IBGE, 2013 Brazilian Population Projection, and Brasil em Síntese .

7.With respect to the distribution of Brazilian population by domicile, over the last 60 years, the country has been through an extreme process of urbanization. As of 2000, the number of urban inhabitants increased by almost 23 million. In 2010, 84% of the Brazilian population lived in urban settlements.

Table 4

Composition of the total population in demographic censuses. Brazil, 1980 to 2010

1980

1991

2000

2010

Total

%

Total

%

Total

%

Total

%

Brazil

121 150 573

146 917 459

169 590 693

190 755 799

Urban

82 013 375

68%

110 875 826

75%

137 755 550

81%

160 925 792

84%

Rural

39 137 198

32%

36 041 633

25%

31 835 143

19%

29 830 007

16%

Source: IBGE, 2010 Demographic Census.

8.Regarding the demographic density, the following evolution was observed throughout the national censuses.

Table 5

Demographic Density in Demographic Censuses. Brazil, 1960 to 2010

1960

1970

1980

1991

2000

2010

Brazil

8.34

11.10

14.23

17.26

19.92

22.43

Source: IBGE, 1960, 1970, 1980, 1991, 2000 and 2010 Demographic Censuses.

9.In regard to the Brazilian population ratio according to sex, the 2010 Census demonstrated that there are 96 men for every 100 women, resulting in an excess of 3,941,819 women in comparison with total number of men. This ratio was observed in all regions of the country, except for the North Region, where the male population is bigger than the female population.

Table 6

Composition of the total resident population, by sex. Brazil, 1991 to 2010

1991

2000

2010

Total

%

Total

%

Total

%

Men

72 485 122

49.37 %

83 576 015

49.22 %

93 406 990

48.97 %

Women

74 340 353

50.63 %

86 223 155

50.78 %

97 348 809

51.03 %

Source: IBGE, 2010 Demographic Census.

10.Regarding the population structure by sex and age groups, as of 2010, the proportion of younger age groups up to the age of 25 is lower in the total population than in 2000. The percentages for other age groups increased in the last decade. Accordingly, the absolute growth of the Brazilian population, between 2000 and 2010, was mainly due to the growth in the adult population, with emphasis to the increase in the percentage of elderly population.

Table 7

Composition of the total resident population, by sex and age group. Brazil, 1991 to 2010

Age group

Total

Percentage

1991

2000

2010

1991

2000

2010

Men

10 to 19 years old

16 092 194

17 811 833

17 284 703

14.30

13.00

10.70

20 to 29 years old

12 890 684

14 862 766

17 086 455

11.40

10.90

10.60

30 to 39 years old

9 995 546

12 320 626

14 485 258

8.86

9.00

8.94

40 to 49 years old

6 839 786

9 328 845

12 012 693

6.06

6.81

7.41

50 to 59 years old

4 534 941

5 999 884

8 738 383

4.02

4.38

5.40

60 to 69 years old

3 014 225

3 787 425

5 257 992

2.67

2.77

3.25

70 years old or more

1 879 763

2 740 205

3 892 197

1.67

2.00

2.40

Women

10 to 19 years old

15 969 905

17 491 139

16 869 220

14.20

12.80

10.40

20 to 24 years old

6 838 280

8 094 476

8 613 199

6.06

5.91

5.32

25 to 29 years old

6 458 451

7 033 192

8 644 127

5.72

5.14

5.34

30 to 39 years old

10 526 994

12 969 295

15 147 549

9.32

9.48

9.36

40 to 49 years old

7 157 396

9 944 567

12 830 450

6.35

7.26

7.92

50 to 59 years old

4 879 560

6 514 747

9 680 371

4.33

4.76

5.98

60 to 69 years old

3 397 427

4 404 173

6 098 083

3.01

3.22

3.76

70 years old or more

2 384 426

3 607 185

5 340 618

2.12

2.63

3.3

Source: IBGE, 2010 Demographic Census.

11.According to data from 2015, the total dependency ratio is currently 54.7. Significant growth is expected for the next decades regarding the proportion of persons aged 60 years or more. As of 2010, the Brazilian indicator begins to approach the numbers projected for developed countries. In 2015, the estimated proportion was 11.7%, with projections of increase in the indicator to 23.5% until 2039.

Table 8

Youth, elderly and total dependency ratio and aging rate. Brazil, 2015

Brazil

Dependency ratio

Proportion of persons aged 60 or over

Youth

Elderly

Total

32.5

22.2

54.7

11.7

Source: IBGE, 2015 National Household Sample Survey (PNAD).

12.Regarding the distribution of the Brazilian population by color or race, most of population is composed of brown (pardos) and blacks. There is a great variation of this composition throughout the different regions of the country.

Table 9

Resident population by color or race. Brazil, 1991 to 2010

1991

2000

2010

Color or race

Total

%

Total

%

Total

%

Total

146 815 815

100

169 872 856

100

190 755 799

100

White

75 704 922

51.56

91 298 042

53.74

90 621 281

47.51

Black

7 335 130

5

10 554 336

6.21

14 351 162

7.52

Yellow

630 658

0.43

761 583

0.45

2 105 353

1.1

Pardos

62 316 085

42.45

65 318 092

38.45

82 820 452

43.42

Indigenous

294 148

0.2

734 127

0.43

821 501

0.43

Undeclared

534 872

0.36

1 206 675

0.71

36 051

0.02

Source: IBGE, 2010 Demographic Census.

13.Regarding the indigenous population, the 2010 Census was the first to investigate the number of indigenous ethnicities, finding a total of 305 ethnicities The tikúna community is the biggest in Brazil, representing 6.8% of the indigenous population in the country.

14.The 2010 Census also indicated that the Brazilian households are composed of an average of 3.3 residents, which is lower than the 2000 average, of 3.8. With respect to the composition of the family arrangements based on the reference person by sex, on its turn, there was an increase in the proportion of women heading family units from 2004 to 2014. For units formed by couples with children, the proportion of women heads of family went from 3.6% to 15.1%; for units formed by couples without children, it went from 3.4% to 10.9%. In the single-parent families, women have always been a majority.

Table 10

Percentage distribution of the family arrangements with children residing in private residences, by type of arrangement and sex of the reference person. Brazil, 2004 to 2014

Couples with no children

Couples with children

Single parents with children

Man

Woman

Man

Woman

Man

Woman

2004

48.0

3.4

67.7

3.6

3.1

25.6

2014

40.4

10.9

54.9

15.1

3.4

26.6

Source: IBGE, 2005 and 2015 National Household Sample Survey (PNAD).

ii.Economic characteristics

15.Brazil has experienced, in the last decades, an important process of growth and consolidation of its economy. After a period characterized by high inflation rates in the ‘80s and in the early ‘90s, the country implemented the Plano Real, in 1994, which established a new monetary standard.

16.This process of economic growth and stabilization starts to form solid bases over the 2000s, when the country increased the volume of its international reserves and adopted measures of financial and political stability and transparency.

17.The success of the macroeconomic measures adopted enabled the country to become, over the last few years, one of the strongest economies in the world; reaching the sixth position in the worldwide ranking in 2011. In 2017, the International Monetary Fund – IMF expected that Brazil would once again have the eighth highest Gross Domestic Product (GDP) in the world.

18.In 2016, the service sector was responsible for the 73.3% the Brazilian GDP, followed by the industrial sector, which was responsible for 21.2%, while the agricultural sector represented 5.5%. In the services sector, commerce and public administration, health, and education represented, respectively, 12.5% and 17.5%, only lower than the miscellaneous services category.

19.In the agricultural sector, the main products exported by the country are: soybeans, meat, forest products, coffee, ethanol, and sugar. The industrial sector, on its turn, is based on the manufacture of textile products, footwear, chemicals, cement, timber, iron ore, tin, steel, aircraft, vehicles and auto parts, among other machinery and equipment. The service sector is mostly focused on transportation services, information services, financial and insurance brokerage, real estate and rental services, and public administration.

Macroeconomic indicators

20.The table below shows the evolution of the main Brazilian economic indicators from 2000 to 2015.

Table 11

Macroeconomic Indicators. Brazil, 2000 to 2015

Year

Real Variaton %

GDP Nominal at 2015 prices (R$ millions)

Gross National Income (GNI)* (in R$ millions)

Exchange rate Average (US$)

GDP (US$)

Per capita GDP US$ thousands (at current prices)

Global GDP growth (%)

GDP growth in Latin America (% at current prices)

2000

4.4

3 916 915

1 146 893

1.83

655 707

3.780

4.39

4.1

2001

1.4

3 971 356

1 256 632

2.35

559 563

3.181

1.966

0.7

2002

3.1

4 092 620

1 425 886

2.92

508 101

2.850

2.163

0.6

2003

1.1

4 139 310

1 644 806

3.07

559 465

3.097

2.881

1.9

2004

5.8

4 377 733

1 883.017

2.92

669 340

3.659

4.449

6.0

2005

3.2

4 517 914

2.085.653

2.43

892 033

4.818

3.848

4.5

2006

4.0

4 696 913

2.310.899

2.17

1 107 131

5.910

4.338

5.4

2007

6.1

4 982 009

2.606.535

1.94

1 396 797

7.373

4.26

5.7

2008

5.1

5 235 803

2.960.429

1.83

1 693 147

8.841

1.829

4.0

2009

-0.1

5 229 215

3.175.327

1.99

1 672 625

8.643

-1.704

-1.2

2010

7.5

5 622 882

3.822.332

1.76

2 209 751

11.304

4.327

6.3

2011

3.9

5 842 693

4.300.773

1.67

2 612 855

13.237

3.117

4.7

2012

1.9

5 954 755

4.649.425

1.95

2 459 022

12.342

2.413

2.9

2013

3.0

6 134 207

5.079.831

2.34

2 461 436

12.243

2.535

2.9

2014

0.1

6 140 597

5.434.786

2.66

2 415 916

11.914

2.727

1.1

2015

-3.8

5 904 331

6.001.000

3.90

1 768 770

8.651

2.717

-

Sources: IBGE and the Ministry of Economy.

* Data from 2010 to 2015, based on preliminary data of the Brazilian Quarterly National Accounts.

21.Inflation oscillated over the last decade, as can be observed in the data for the Extended National Consumer Price Index (IPCA), which measures the variation of the cost of living for families with a monthly income between 1 and 40 monthly minimum wages.

Table 12

Accrued variation (%) of the IPCA Index. Brazil, 2000 to 2016

Year

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

Real number

General Index

5.69

3.14

4.46

5.90

4.31

5.91

6.50

5.84

5.91

6.41

10.67

6.29

463.22

Sources: IBGE, Consumer Price Index National System.

22.The food and beverage industry was responsible for putting pressure on the IPCA, followed by housing and transportation expenses.

Table 13

Accrued IPCA Index in 2016 and average weight of the groups of products and services in the composition of the IPCA. Brazil, 2016

Group

2016 Accrued IPCA

2016 Average IPCA

Food and beverages

8.62%

25.83

Housing

2.85%

15.37

Household goods

3.41%

4.18

Clothing

3.55%

5.96

Transportation

4.22%

17.95

Health and personal care

11.04%

11.62

Personal expenses

8.00%

10.73

Education

8.86%

4.65

Communication

1.27 %

3.70

Source: IBGE, Consumer Price Index National System.

23.External debt and government debt showed the following evolution from 2000 to 2015, according to data from the Central Bank.

Table 14

External debt and public sector debt. Brazil, 2000 to 2015

Year

External debt US$ (million)

Net public sector debt R$ (million)

2000

236 156

563 163

2001

226 067

677 431

2002

227 689

892 292

2003

235 414

932 138

2004

220 182

982 509

2005

187 987

1 040 046

2006

199 372

1 120 053

2007

240 495

1 211 762

2008

262 910

1 168 238

2009

277 563

1 362 711

2010

351 941

1 475 820

2011

404 117

1 508 547

2012

441 667

1 550 083

2013

312 517

1 626 335

2014

352 684

1 883 147

2015

334 636

2 136 888

Source : Central Bank of Brazil.

iii.Social characteristics

The Brazilian model of social protection and promotion

24.The Brazilian Federal Constitution of 1988 established an important legal framework. It reaffirms and extends the protection fundamental rights, providing a solid foundation for building a social welfare system supported by the principles of universal coverage and assistance, based on comprehensive welfare and citizenship, aiming at providing protection and autonomy to individuals.

25.The Brazilian social protection and promotion system encompasses an extensive network of social policies, programs, and services intended to ensure better living conditions for the population.

Social Expenditure

26.Over the last two decades, there was a significant prioritization of the Federal Social Spending (GSF). This concept includes all Federal Government expenditures with general social security, benefits for public servants, health, social assistance, food and nutrition, housing and urban planning, sanitation, work and income support, education, agricultural development, and culture.

27.The volume of resources allocated to federal social policies grew both in absolute and proportionate terms compared to GDP. For the period between 2002 and 2015, the GSF showed a 3.1 percentage point increase as a proportion of the GDP, increasing from 12.6% to 15.7%. An extensive Social Security reform was recently adopted by the National Congress to balance social expenditures.

Table 15

Federal Social Spending, GDP, GSF/GDP, IPCA. Brazil, 2002 to 2015

Year

GSF (%)

GDP (R$ million)*

GSF/GDP (%)

2002

60

1 425 886

12.6

2003

64

1 644 806

12.4

2004

64

1 883 017

12.8

2005

64

2 085 653

13.4

2006

64

2 310 899

13.6

2007

64

2 606 535

13.6

2008

62

2 960 429

13.3

2009

66

3 175 327

14.4

2010

65

3 822 332

14.0

2011

66

4 300 773

14.0

2012

68

4 649 425

14.5

2013

69

5 079 831

14.6

2014

68

5 434 786

15.2

2015

67

6 001 000

15.7

Source: Ministry of Economy and IBGE.

* Data from 2010 to 2015, based on preliminary data of the Brazilian Quarterly National Accounts.

28.There was strong growth of GSF as a percentage of GDP from 2008 to 2009 (from 13.3% to 14.4%), followed by a period of stability from 2010 to 2011 (remaining at 14.0%), and, then, by another important growth from 2013 to 2015 (reaching 15.7%).

29.Considering the proportion of this growth by field, there was a 1.3% increase in social security, while in social assistance (income transfers) and in education and culture, it was of 1.0%, amounting to a 4.7 percentage points increase in the GSF, from 2002 to 2015.

Table 16

Trajectory of the Federal Social Spending by field of operation in % of GDP. Brazil, 2002 to 2015

Fields of operation

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Social assistance

0.5

0.6

0.8

0.9

1.0

1.0

1.0

1.3

1.3

1.3

1.4

1.5

1.5

1.5

Education and culture

1.7

1.6

1.5

1.6

1.6

1.7

1.8

2.0

2.1

2.2

2.3

2.3

2.6

2.7

Agrarian Organization

0.2

0.2

0.3

0.3

0.3

0.3

0.2

0.2

0.1

0.2

0.1

0.1

0.1

0.2

Work and employment

0.5

0.5

0.5

0.6

0.7

0.7

0.7

0.9

0.8

0.8

0.8

0.9

1.4

1.2

Social securtity

8.0

8.2

8.3

8.9

8.9

8.6

8.3

8.9

8.5

8.4

8.7

8.7

8.9

9.3

Sanitation and Housing

0.1

0.1

0.1

0.1

0.1

0.1

0.2

0.2

0.2

0.3

0.4

0.4

0.5

0.5

Health

1.8

1.6

1.8

1.7

1.8

1.8

1.8

2.0

1.9

1.9

2.0

2.0

2.1

2.1

GSF Total

12.8

12.6

13.2

13.9

14.2

14.2

14.1

15.4

14.9

15.0

15.8

15.8

17.0

17.5

Source: Ministry of Economy and IBGE.

Table 17

Percentage share of each field of operation in the total Federal Social Spending. Brazil, 2002 to 2015

Fields of operation

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Social Assistance

3.7

4.4

6.0

6.4

6.9

7.2

7.4

8.6

9.0

8.7

8.9

9.3

8.9

8.8

Education and culture

13.2

12.3

11.5

11.2

11.3

12.2

13.0

13.0

13.7

14.3

14.7

14.7

15.3

15.4

Agrarian Organization

1.5

1.2

2.1

2.0

1.9

1.8

1.2

1.2

0.8

1.0

0.8

0.8

0.5

1.2

Work and Employment

4.1

4.1

3.8

4.0

4.6

4.9

5.0

5.6

5.4

5.4

5.4

5.5

8.0

6.8

Social Security

62.3

64.7

62.7

63.7

62.4

60.6

59.3

57.4

57.1

56.1

54.9

54.7

52.3

53.2

Sanitation and Housing

1.1

0.5

0.6

0.5

0.5

0.7

1.2

1.5

1.3

2.1

2.6

2.7

2.7

2.8

Health

14.0

12.8

13.4

12.2

12.4

12.6

12.8

12.7

12.6

12.3

12.7

12.3

12.2

11.8

Source: Ministry of Economy and IBGE.

30.However, the GSF does not exhaust the federal expenditure with social policies, as its methodology for calculation does not include crosscutting policies, related to gender equality, racial equality, children and teenagers, youth, and the elderly, for example. Many of the crosscutting policies are deemed to operate from a perspective of institutional integration with other thematic policies.

31.It is important to highlight that the revenues arising from states and cities directed to social policies are not included in the GSF calculation.

Education

32.The Brazilian Constitution establishes education as a basic right that must be ensured to all persons, both by the Government and by the family, and it must be promoted and encouraged with the collaboration of society, aiming at the full development of the individual, his/her preparation to exercise social responsibility and his/her qualification to work. The Brazilian Government has been currently working to promote more involvement of parents in the education and their presence at school, including the possibility to implement house schooling.

33.Based on the federal pact, a structure of responsibilities and competences of each government level was established for the provision and funding of educational services in Brazil. Thus, the municipalities are responsible for early education and for elementary and middle school, the states are responsible for elementary, middle, and high school, and the Federal Government is responsible for higher education and for complementary and supplementary support to states and cities in their actions in primary education.

34.The Brazilian Federal Constitution also establishes that education policies should be based on a 10 year National Education Plan (PNE), aiming at integrating the national education system in a collaborative regime between municipalities, states and the Union. The PNE defines guidelines, objectives, goals, and strategies for implementation in order to promote and develop education in its several levels, stages, and categories, through integrated actions of the public authorities of the different government levels.

Illiteracy

35.Illiteracy in Brazil has been decreasing progressively. The illiteracy rate for the population with age equal to or higher than 15 years has considerably decreased in the last decade, from 11.5% in 2004 to 8.3% in 2014. In 2015, the rate reached 8.0%, a total of 12.9 million people. Additionally, according to IBGE data, there was a drop in all regions of the country. In the Northeast, the region with the highest rate, the decrease was sharper, from 22.4% in 2004 to 16.2% in 2015. In the North, there was a 3.9 percentage point decrease, from 13.0% in 2014 to 9.1% in 2015. Illiteracy fell in the South (4.1%), Southeast (4.3%), and Midwest (5.7%) regions by 2.2, 2.3, and 3.5 percentage points, respectively.

Table 18

Illiteracy rate per age groups. Brazil, 2004 to 2015

Categories

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Total Rate

11.5

11.1

10.5

10.1

10.0

9.7

8.6

8.7

8.5

8.3

8.0

Age Group

15 to 19 years old

2.4

2.3

1.8

1.8

1.8

1.5

1.2

1.2

1.0

0.9

0.8

20 to 24 years old

4.0

3.5

3.1

2.7

2.6

2.4

1.8

1.6

1.6

1.4

1.3

55 to 64 years old

23.5

22.6

20.8

19.8

19.0

17.9

15.2

15.7

14.8

13.8

12.9

65 years or more old

34.4

33.7

32.1

31.3

30.8

30.8

28.0

27.2

27.7

26.4

25.7

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

36.Additionally, in 2015, the illiteracy rate was higher for men (8.3%) and than for women (7.7%). In the North, Northeast, and Midwest regions of Brazil, the illiteracy rate among men was higher compared to women (9.9%, 18% e 6.0%, respectively, against 8.3%, 14.5% e 5.4%). In the South and Southeast regions, women show higher rates compared to men (4.6% and 4.7%, respectively, against 3.7% and 3.9%).

37.In 2015, the rate of functional illiteracy, which shows the proportion of people with age equal to or higher than 15 years with less than 4 years of education in comparison with the total people in the same age group. decreased 0.5 percentage point compared to 2014.

Table 19

Functional illiteracy rate of people with age equal to or higher than 15 years old per Major Region. Brazil, 2014 and 2015

Brazil

North

Northeast

South

Southeast

Midwest

2014

17.6

20.4

27.1

13.8

12.7

16.1

2015

17.1

20.1

26.6

13.4

12.4

14.7

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

School attendance

38.In the last decade, there was a substantial growth in the Brazilian educational system, especially with respect to early education, comprising children from 0 to 3 years old and from 4 to 5 years old. There was also the universalization of elementary and middle school, with 98.6% children from 6 to 14 years old attending school in 2015.

Table 20

Gross rate of attendance to education institutions by the resident population per age group. Brazil, 2004 to 2015

Categories

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Age Group

0 to 3 years old

13.4

13.0

15.4

17.0

18.1

18.4

20.8

21.2

23.2

24.6

25.6

4 to 5 years old

61.5

62.8

67.5

70.0

72.7

74.8

77.4

78.1

81.4

82.7

84.3

6 to 14 years old

96.1

96.5

96.9

97.0

97.5

97.6

98.2

98.2

98.4

98.5

98.6

15 to 17 years old

81.8

81.6

82.1

82.1

84.1

85.2

83.7

84.2

84.3

84.3

85.0

Source: IBGE, 2014 and 2015 National Household Sample Survey.

39.In the same sense, the net school attendance rate has evolved very positively over the last few years, reaching a rate higher than 58% in all levels of education in 2014.

Table 21

Net rate of attendance to education institutions by the resident population per age group and level of education. Brazil, 2007 to 2014

Education level

2007

2008

2009

2011

2012

2013

2014

Elementary School (6 to 10 years old)

84.7

85.7

87.5

89.0

90.1

90.1

91.3

Middle School (11 to 14 years old)

72.5

72.7

71.8

73.7

75.8

75.9

78.3

High School (15 to 17 years old)

49.0

51.4

52.0

53.5

55.6

57.1

58.6

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

40.The school non-passing rate – the sum of failing and dropout rates – improved, following its decrease over the last years, for elementary, middle, and high school, as well as the consequent increase in the passing rate for these levels of education.

Table 22

Non-passing rate (sum of failing and dropout rates) by grades of the elementary, middle, and high school according to school network (public/private). Brazil, 2015

1st year

2nd year

3rd year

4th year

5th year

6th year

7th year

8th year

9th year

1st Year of High School

2nd Year of High School

3rd Year of High School

Total

2.3

3.2

11.5

8.3

7.9

17.1

15.4

12.7

11.4

25.4

16.4

10.5

Public

2.3

3.6

13.3

9.5

9.0

19.2

17.2

14.0

12.5

27.5

18.1

11.9

Private

2.2

1.8

1.8

1.8

1.9

4.2

5.0

4.7

4.8

9.0

4.8

2.2

Source: Ministry of Education (MEC), 2016 School Census.

Table 23

Evolution of the passing rates by level of education. Brazil, 2008 to 2015

Year

Elementary School

Middle School

High School

2008

87.0

79.9

47.9

2009

88.5

81.3

75.9

2010

89.9

82.7

77.2

2011

91.2

83.4

77.4

2012

91.7

84.1

78.7

2013

92.7

85.1

80.1

2014

92.7

84.8

80.3

2015

93.2

85.7

81.7

Source: MEC, 2016 School Census.

41.Additionally the positive evolution of the passing rates over the last few years has improved the age-grade distortion rate in Brazil, as more students reach higher grades and finish levels of education on the right age. Even though there was improvement in the passing rate for students in high school, the age-grade distortion rate increased in 2016, in contrast with the decreasing trend for elementary and middle school.

Table 24

Evolution of the age-grade distortion rates by level of education. Brazil, 2008 to 2016

2008

2010

2012

2014

2015

2016

Elementary School

17.6

18.5

16.6

14.1

13.2

12.4

Middle School

27.4

29.6

28.2

27.3

26.8

26.3

High School

33.7

34.5

31.1

28.2

27.4

28.0

Source: MEC, 2016 School Census.

42.Additionally, there was an important increase in the number of people who completed elementary, middle, and high school, from 2004 to 2014.

Table 25

Elementary, middle, and high school completion rate. Brazil, 2004 to 2014

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

Elementary and Middle School

65.4

67.0

69.5

71.4

73.7

74.2

76.5

77.8

79.3

80.9

Sex

Male

60.6

62.1

64.0

65.6

68.3

68.6

71.5

72.8

74.4

76.5

Female

70.3

72.2

75.1

77.5

79.3

79.9

81.8

83.0

84.4

85.4

Domicile

Urban

71.6

72.7

74.6

76.0

77.7

77.8

79.3

80.5

81.5

83.3

Rural

37.1

42.2

45.5

50.9

54.1

56.5

61.0

63.1

67.1

68.4

High School

45.5

47.2

50.1

50.8

52.3

56.5

58.5

58.3

59.9

60.8

Sex

Male

40.6

42.0

44.9

45.3

48.6

51.7

52.3

52.4

54.0

54.9

Female

50.4

52.5

55.1

56.3

48.6

61.2

64.6

64.2

65.7

66.9

Domicile

Urban

50.9

52.6

55.5

55.6

59.1

60.9

62.1

62.0

63.4

63.9

Rural

17.7

19.6

21.1

25.3

26.3

30.8

34.0

35.2

39.0

40.6

Source: IBGE. 2014 National Household Sample Survey.

43.With respect to higher education, Brazil showed a positive progress from 2004 to 2014 in the proportion of students of ages from 18 to 24, from 32.9% to 58.5%. Accordingly, there was a positive evolution in the proportion of people between the ages of 20 and 22 who completed high school and/or subsequent levels.

Table 26

Proportion of students of between the ages of 18 and 24 who attend higher education, by sex and color or race. Brazil, 2004 to 2014

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

Brazil

32.9

35.8

40.0

42.6

45.5

48.2

51.3

52.1

55.0

58.5

Male

29.2

31.8

35.4

37.8

41.1

43.4

46.0

46.8

50.0

53.2

Female

36.4

39.5

44.1

47.2

49.6

52.3

56.1

57.0

59.4

63.3

Color or race

White

47.2

51.5

55.9

57.8

60.4

62.6

65.7

66.6

69.4

71.4

Black or Pardo

16.7

18.9

21.9

25.3

28.6

31.3

35.8

37.4

40.7

45.5

Source: IBGE, 2014 National Household Sample Survey (PNAD).

44.The average number of years of study for people who are 25 years old or older showed an ascendant trend over the last decade for the total population, going from 6.4 years, in 2004, to 7.8, in 2014. However, certain discrepancies still persist in this number according to the region, urban or rural residence, race or color, social class, sex, age group, and national per capita monthly household income, as shown in the table below.

Table 27

Average of years of study of people aged 25 years old or over, according to selected categories. Brazil, 2004 to 2014

Categories 25 years or more

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

Brazil

6.4

6.5

6.7

6.9

7.0

7.2

7.3

7.6

7.7

7.8

Sex

Male

6.3

6.4

6.6

6.7

6.9

7.0

7.2

7.4

7.5

7.6

Female

6.5

6.6

6.8

7.0

7.1

7.3

7.5

7.7

7.9

8.0

Age groups

25 to 64 years old

6.8

7.0

7.2

7.3

7.5

7.7

7.9

8.1

8.3

8.4

65 years old or over

3.3

3.3

3.5

3.6

3.7

3.8

3.9

4.2

4.2

4.3

Monthly household income

1st fifth

3.4

3.6

3.8

4.0

4.2

4.4

4.7

5.0

5.2

5.5

2nd fifth

4.4

4.6

4.9

5.1

5.3

5.5

5.6

6.0

6.1

6.3

3rd fifth

5.1

5.3

5.7

5.7

5.7

5.8

6.1

6.2

6.3

6.4

4th fifth

6.7

6.6

6.6

7.1

7.3

7.4

7.6

7.9

7.9

8.0

5th fifth

9.9

10.0

10.2

10.2

10.3

10.4

10.5

10.7

10.8

10.8

Source: IBGE. 2014 National Household Sample Survey.

Quality of education

45.In order to assess the quality of education, the Ministry of Education – MEC created the Index of Basic Education Development (IDEB), an indicator calculated every two years based on the student’s performance in national evaluations and passing rates.

46.The country has shown progress in this respect. For elementary school (after the age of 6, including the years from first to fifth), the IDEB increased from 3.8, in 2005, to 5.5, in 2015. The expected goal is to reach 6.0 by 2021, which corresponds to the quality of education in developed countries.

47.In middle school (sixth to ninth year), on its turn, the IDEB increased from 3.5, in 2005, to 4.2, in 2015. Even though there was such positive evolution, the goal established for 2015 was not achieved. The goal is to reach the index of 5.5 by 2021.

48.With respect to high school (which lasts for three years, for students between the ages of 15 and 17), the scenario is still challenging, especially compared to data on elementary and middle school. Despite the progress when compared to 2005, the IDEB stayed at 3.7 in 2011, 2013, and 2015, 0.6 behind the goal established for the last year. The goal for 2021 is to reach 5.2.

Table 28

IDEB, results and goals. Brazil, 2005 to 2015

Year

IDEB Results

IDEB Goals

2005

2007

2009

2011

2013

2015

2007

2009

2011

2013

2015

2021

Elementary School

3.8

4.2

4.6

5.0

5.2

5.5

3.9

4.2

4.6

4.9

5.2

6.0

Middle School

3.5

3.8

4.0

4.1

4.2

4.5

3.5

3.7

3.9

4.4

4.7

5.5

High School

3.4

3.5

3.6

3.7

3.7

3.7

3.4

3.5

3.7

3.9

4.3

5.2

Source: MEC, 2015 IDEB.

49.In 2016, Brazil reached the number of 2.2 million primary education teachers, distributed among 260.3 thousand facilities across the country – 311.4 thousand in pre-schools, 752.3 thousand in elementary schools, 773.1 thousand in middle schools, and 519.6 thousand in high schools.

Table 29

Primary education teachers and representation of the education level. Brazil, 2016

Basic education

Nurseries

Pre-School

Elementary School

Middle School

High School

Total (teachers)

2 200 000

260 300

311 400

752 300

773 100

519 600

Higher Education

77.5

64.2

66.9

74.8

84.7

93.3

Source: MEC, 2016 Primary Education School Census.

50.The number of students enrolled reached 48,817,479 in 2016, according to the following division: 3,233,739 enrolled in day-care facilities, 5,034,353 in pre-schools, 27,588,905 in elementary and middle schools, and 8,131,988 in high schools. Public schools managed by municipal and state governments and private schools represent, respectively, 46.8%, 34.0%, and 18.4% of the enrollments. Additionally, the country registered 3,422,127 persons enrolled in Youngsters and Adults Education (EJA) courses and 1.9 million enrollments in vocational education.

Health

51.The Brazilian Federal Constitution establishes that health is a right to all persons and a duty of the State, provided by social and economic policies aiming at reduction in the risk of disease and other injuries and at a universal and egalitarian access to actions and services for health promotion, protection, and recovery. Accordingly, it defined that health-related public actions and services in Brazil form part of a regional and integrated network that form a unified system. The Brazilian Government has also been seeking to strenghten the role of the family in promoting health, as recently exposed in a statement at World Health Organization (WHO) in May 2019.

52.The Unified Health System (SUS) aims at providing comprehensive and universal, preventive and curative care, through decentralized management and provision of care across the federative units, promoting participation of the community in all levels of governance.

53.At the time of implementation of the system, the number of beneficiaries went from 30 million persons to 190 million. Today, the system serves more than 200 million Brazilian citizens. In 2015, approximately 70% of the population had no private health or dental care ensurance, depending exclusively on the SUS to have access to health care.

54.The SUS managed to widely increase access to basic and emergency care throughout the country, achieving a universal coverage of vaccination and pre-natal care due to great investments in expansion of human and technology resources, including initiatives and efforts to manufacture the most essential pharmaceutical products to the Country.

Life expectancy at birth

55.Over the last few years, Brazil has experienced a significant growth life expectancy at birth, which went from 69.8 years, in 2000, to 75.4, in 2015, a 5.6-year increase. The life expectancy for women is higher compared to that for men, 79.1 years against 71.9 years respectively, in 2015. In the regional analysis, the states in the South and Southeast regions, such as Espírito Santo, São Paulo, Rio de Janeiro, and Paraná, have a higher life expectancy than the national average, while the states in the North, Northeast, and Midwest regions, such as Mato Grosso, Ceará, Bahia, Roraima, and Alagoas, showed a number below the Brazilian average; there was a 8.5-year difference between Santa Catarina, the first position, with 78.7 years, and Maranhão, the last one, with 70.3 years.

Table 30

Life expectancy at birth (in years). Brazil, 2000 to 2015

Years

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

69.8

70.3

70.7

71.2

71.6

72.0

72.4

72.8

73.2

73.5

73.9

74.2

74.5

74.8

75.1

75.4

Source: IBGE, 2013 Brazilian Population Projection.

Mortality

56.In 2010, the mortality distribution by age in Brazil showed the following pattern: 3.5% for ages under 1; 0.6% for ages from 1 to 4; 0.9% for ages from 5 to 14; 20.3% for ages from 15 to 49; and 74.4% for ages from 50 to older. These proportions were similar in both sexes until the age of 15. From this age on, the range from ages 15 to 49 represented 25.7% of the deaths in males and 13.2% in females, and the range from age 50 to older represented 68.9% in males and 81.6% in females. There have been significant changes from 2000 to 2010, with a reduction in the deaths of persons under the age of one (from about 8%, in 2000, to 3.5%, in 2010) and an increase in the deaths in the older age group.

57.Additionally, the gross mortality rate per one thousand inhabitants showed a constant positive evolution, going from 6.67, in 2000, to 6.02, in 2011. However, from 2012 to 2015, there was a slight increase, reaching 6.08, in 2015.

Table 31

Gross mortality rate for each 1,000 inhabitants. Brazil, 2000 to 2015

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Gross rate

6.67

6.56

6.44

6.35

6.27

6.20

6.14

6.10

6.07

6.05

6.03

6.02

6.03

6.04

6.06

6.08

Source: IBGE, 2013 Brazilian Population Projection.

Causes of death

58.In 2015, the main causes of deaths of infants (under 1 year old) were perinatal diseases, followed by the set of congenital malformations, chromosomal abnormalities and deformities, and congenital malformations of the circulatory system. In the age groups from the ages of 1 to 44, external causes (attacks, suicides, accidents, and events of indefinite intention) were highly relevant. Beginning at the age of 25, infectious and parasitic diseases started to represent a significant number of deaths. After the age of 45, circulatory disorders and neoplasias represented most deaths.

59.With respect to the specific causes of death, recent data has shown that the ischemic heart diseases and cerebrovascular diseases were at the top of the list in 2015.

Table 32

Deaths by residence by age group and specific most frequent causes of death*. Brazil, 2015

Age group

Order

Specific case

Number

% in the age group

All

1

Ischemic heart diseases

111 863

8.8

2

Cerebrovascular diseases

100 520

8.0

3

Acute myocardial infarction

90 811

7.2

4

Pneumonias

77 334

6.1

5

Other heart diseases

70 896

5.6

Up to 1 year old

1

Respiratory and cardiovascular disorders, specified in the perinatal period

8 093

21.6

2

Remainder of disorders originating in the perinatal period

6 354

17.0

3

Fetus and newborn affected, maternal factors and pregnancy complications

5 639

15.0

4

Remainder of congenital malformations, deformations, and chromosomal anomalies

3 819

10.2

5

Congenital malformations of the circulatory system

3 216

8.6

01 – 04 years old

1

Pneumonias

586

10.5

2

Remainder of nervous system disorders

431

7.7

3

Accidental drowning and submersions

354

6.3

4

Congenital malformations of the circulatory system

342

6.1

5

Transport accidents

332

5.9

0514 years old

1

Transport accidents

996

12.2

2

Aggressions

747

9.2

3

Remainder of nervous system disorders

700

8.6

4

Accidental drowning and submersions

563

6.9

5

Leukemia

442

5.4

15 – 24 years old

1

Aggressions

21 269

44.0

2

Transport acidentes

8 074

16.6

3

Voluntary self-harm

1 785

3.7

4

Remainder of symptoms, signs, and abnormal clinical and laboratory findings

1 562

3.2

5

Events (facts) whose intention is undetermined

1 367

2.8

25 – 34 years old

1

Agressions

16 803

29.4

2

Transports accidents

8 614

15.1

3

Viral Diseases

2 884

5.0

4

Human immunodeficiency virus (HIV) disease

2 672

4.7

5

Voluntary self-harm

2 364

4.1

35 – 44 years old

1

Agressions

9 537

12.9

2

Transport accidents

7 035

9.6

3

Viral Diseases

4 189

5.7

4

Ischemic heart diseases

3 982

5.4

5

Human immunodeficiency virus (HIV) disease

3 812

5.2

45 – 54 years old

1

Ischemic heart diseases

11 510

9.6

2

Acute myocardial infarction

9 999

8.3

3

Cerebrovascular diseases

7 656

6.4

4

Liver diseases

6 432

5.4

5

Transport accidents

5 692

4.8

55 – 64

years old

1

Ischemic heart diseases

21 628

11.8

2

Acute myocardial infarction

18 072

9.9

3

Cerebrovascular diseases

13 884

7.6

4

Diabetes mellitus

10 367

5.7

5

Other heart diseases

9 685

5.3

65 – 74 years old

1

Ischemic heart diseases

27 463

11.9

2

Acute myocardial infarction

22 238

9.6

3

Cerebrovascular diseases

21 969

9.5

4

Diabetes mellitus

15 612

6.8

5

Other heart diseases

13 843

6.0

75 years old and more

1

Cerebrovascular diseases

52 359

10.5

2

Pneumonia

48 606

9.8

3

Ischemic heart diseases

45 526

9.2

4

Other heart diseases

35 870

7.2

5

Acute myocardial infarction

35 417

7.1

Source: Ministry of Health (MS), Mortality Information System (SIM).

* Not including misdefined causes.

Infant Mortality

60.The infant mortality rate (under 1 year old) per one thousand live births in Brazil decreased from 29.0, in 2000, to 13.8, in 2015. This rate is lower than the Millennium Development Goals (MDGs) target of 15.7 per one thousand live births.

Table 33

Infant mortality rate (IMR), number of notices sent to the Mortality Information System (SIM) and estimate deaths of infants under the age of 1. Brazil, 2000 to 2015

Year

IMR

Number of death notices sent to SIM

2000

29.0

68 199

2001

27.5

61 943

2002

26.2

58 916

2003

24.7

57 540

2004

23.4

54 183

2005

22.2

51 544

2006

21.0

48 332

2007

20.0

45 370

2008

19.0

44 100

2009

18.1

42 642

2011

16.4

39 716

2012

15.7

39 123

2013

15.0

38 966

2014

14.4

38 432

2015

13.8

37 501

Source: MS, Mortality Information System (SIM), and IBGE, 2013 Brazilian Population Projection.

61.According to the World Health Organization (Global Health Observatory Data Repository), Brazil is among the twenty countries that showed reduction higher than a 70% in the infant mortality rate in the last decades. The positive evolution noted in the number of deaths of children under the age of 5 per 1000 live births contributed to this outcome.

Table 34

Number of deaths of children under the age of 5 for each 1,000 live births – Brazil, 2005 to 2015

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Brazil

19.9

19.3

18.4

17.6

17.4

16.4

15.9

15.6

15.6

14.9

14.3

Source: MS, Information System on Live Births (SINASC), and Mortality Information System (SIM).

62.The country also experienced a substantial decrease in the ponderal deficit prevalence rate for children under the age of five.

Table 35

Ponderal deficit prevalence for each 100 children under the age of 5. Brazil, 1989, 1996 and 2006

Year

Men

Women

Total

1989

5.4

5.4

5.4

1996

4.5

4

4.2

2006

1.8

2

1.9

Source: MS, 1996 and 2006 National Demographic and Health Survey (PNDS).

Table 36

Prevalence of low birth weight by region, 2004 and 2011. Brazil

Brazil

Midwest

Northeast

North

Southeast

South

2004

4.4

4.0

4.3

4.4

4.6

4.2

2011

4.3

4.2

4.1

4.3

4.4

4.0

Source: MS, Information System on Live Births (SINASC).

Maternal mortality

63.Reduction in maternal mortality is currently one of the biggest challenges facing the Brazilian public health care system. Brazil achieved important progress, showing a 58% reduction in maternal mortality from 1990 to 2015, but it did not reach the goal of a 75% reduction in the maternal mortality rate in the period.

64.According to estimates of the Ministry of Health (MS), the adjusted maternal mortality rate (MMR) in Brazil fell from 143 per 100 thousand live births, in 1990, to 60 per100 thousand live births in 2015. The goal was to reach 35 deaths per 100 thousand live births in 2015.

Table 37

Maternal mortality ratio (MMR). Number of maternal deaths for each 100,000 live births. Brazil, 2001 to 2011

Brazil

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

70,9

75,9

73,0

76,1

74,5

77,2

77,0

68,7

72,0

68,2

64,8

Source: MS, SUS IT Department (Datasus).

65.The data on the cause of maternal death indicates that, in 2015, 66.5% deaths were due to direct causes, 31.0% due to indirect causes, and 2.5% due to unspecified causes. In 1990, the mortality due to direct causes was 9.4 times higher than the mortality rate due to indirect causes. This ratio dropped to 3.5 times, in 2000, and to 2.1 times, in 2015.

Table 38

Maternal mortality according to causes. Brazil, 2001 to 2015

Year

Direct maternal c auses

Indirect maternal causes

Non-specified maternal causes

2001

76.6

19.8

3.6

2002

73.5

23.7

2.8

2003

73.2

23.2

3.6

2004

70.9

24.4

4.6

2005

73.7

22.7

3.6

2006

71.8

25.8

2.5

2007

74.1

23.3

2.6

2008

71.1

25.3

3.5

2009

63.2

34.7

2.1

2010

66.7

30.7

2.6

2011

66.5

29.9

3.7

2012

65.6

31.3

3.2

2013

68.1

28.5

3.4

2014

65.7

31.7

2.6

2015

66.5

31.0

2.5

Source: MS, Mortality Information System (SIM).

66.In this regard, the Government considers that the expansion and dissemination of knowledge on the use of contraceptive methods is an effective strategy for the promotion of maternal health in the country. Brazil is also offering information about natural methods of birth control.

Table 39

Percentage of use of contraceptive methods referred to by women, according to age. Brazil, 1996 and 2006

Age

Any method

Contraceptive Pill

Female Sterilization

Partner Sterilization

Partner using condoms

Other methods

1996

2006

1996

2006

1996

2006

1996

2006

1996

2006

1996

2006

15 to 19 years old

14.7

36.7

8.8

18

0.1

0

0

0.1

3.3

13.9

2.5

4.6

20 to 24 years old

43.8

66.1

26.1

36.7

5.9

2.3

0.4

0.3

5.2

17.5

6.2

9.4

25 to 29 years old

64.7

71.8

27

34.2

21.1

12.4

1.2

2.3

6.5

13.3

8.9

9.5

30 to 34 years old

75.4

78.5

21.4

22.8

37.6

26.7

3.8

5.7

4.7

13.2

7.9

10.1

35 to 39 years old

75.3

79.4

11.9

16.7

49

37.8

3.6

5.6

3.8

10.4

7

8.9

40 to 44 years old

71.2

80.1

6.7

12.7

53.4

41.3

1.6

6.7

3.6

12.5

5.9

6.8

45 to 49 years old

61.7

67.1

3.3

6.4

47.6

45.7

1

3.6

2.6

7.1

7.2

4.2

Total

55.4

67.8

15.8

22.1

27.3

21.8

1.6

3.3

4.3

12.9

6.4

7.7

Source: MS, 1996 and 2006 National Demographic and Health Survey (PNDS).

Communicable diseases

HIV/AIDS

67.The Brazilian experience in the fight against the HIV/AIDS epidemic is a global reference. Since the beginning of the epidemics, in 1980, until 2016, Brazil reported more than 840 thousand cases of AIDS. The detection rate decreased from 21.2 per 100 thousand inhabitants, in 2004, to 19.1 per 100 thousand inhabitants, in 2015. In 2015, 39,113 new cases of the disease were reported.

Table 40

AIDS detection rate per year of diagnosis for each 100,000 inhabitants. Brazil, 2004 to 2015

Year

Incidence rate

New cases

2004

21.2

37 998

2005

20.5

37 848

2006

19.9

37 133

2007

20.2

38 163

2008

21.4

40 508

2009

21.1

40 368

2010

20.9

39 872

2011

21.8

41 845

2012

21.4

41 429

2013

21.0

42 266

2014

20.2

41 007

2015

19.1

39 113

Source: MS, 2016 Epidemiological Bulletin.

68.In 2015, there were 21 cases of AIDS in men to 10 cases in women, representing an increase in cases detected in men and a gradual decrease in the cases in women. Between 2003 and 2008, there were 15 cases in men to 10 cases in women. In this regard, it is important to note that the AIDS detection rate in men increased from 24.1 cases per 100 thousand inhabitants, in 2006, to 27.9 cases per 100 thousand inhabitants, in 2015.

69.Brazil registered 136,945 cases of HIV infection, between 2007 to June 2016, of which 71,396 were in the Southeast region (52.1%), 28,879 in the South region (21.1%), 18,840 in the Northeast region (13.8%), 9,152 in the Midwest region (6.7%), and 6,868 in the North region (6.3%). In 2015, Brazil recorded 32,321 new cases of HIV infection, with a sex ratio of 2.4.

70.There is an increasing trend in the detection rate of HIV in pregnant women in the last ten years. From 2000 to June 2016, 99,804 cases of infected pregnant women were reported. In 2006, the infection rate was 2.1 cases per one thousand live births, increasing by 28.6%, in 2015, to 2.7 cases per one thousand live births.

71.The standard mortality rate with respect to AIDS decreased by 5% between 2006 and 2015, with respectively, 5.9 and 5.6 deaths per 100 thousand inhabitants. There is a growing trend in the mortality rate young men and women aged 15 to 19 years and among those aged above 50 years. From 1980 to 2015, the country identified 303,353 deaths where AIDS was the underlying cause. Of this total, more than 70% occurred among men (215,212) and about 29% among women (88,016). Over the last few years, there were, on average, approximately 12 thousand deaths per year as a result of AIDS, amounting to 12,667 deaths in 2015.

Malaria

72.Brazil has been able to control the incidence of Malaria. The number of positive results for malaria per one thousand inhabitants decreased from 3.79, in 1991, to 0.84, in 2013. Malaria is more common in the Northern region of Brazil, which comprises the Amazon biome, favorable to the reproduction of the vectors that transmit the disease, accounting more than 98% of the cases in 2013.

Table 41

Malaria incidence rate, positive results and population per year. Brazil, 2001 to 2013

Year

Annual Parasite Index (IPA) of malaria

Positive tests for malaria

Population

2001

2.26

389 775

172 381 455

2002

2.00

349 965

174 632 960

2003

2.27

402 069

176 871 437

2004

2.50

454 843

181 586 030

2005

3.25

598 462

184 184 264

2006

2.90

540 934

186 770 560

2007

2.38

449 720

189 335 191

2008

1.63

309 498

189 612 814

2009

1.58

302 179

191 481 045

2010

1.71

326 274

190 755 799

2011

1.36

261 072

192 379 287

2012

1.21

235 153

193 976 530

2013

0.84

169 668

201 062 789

Source: MS, Datasus.

Tuberculosis

73.Brazil has registered decreasing numbers of cases of tuberculosis and deaths resulting therefrom. In 2016, Brazil registered 66,796 new cases of the disease, with an incidence rate of 32.4.

Table 42

Tuberculosis incidence rate, new cases, and population per year. Brazil, 2001 to 2012

Year

Incidence rate

New cases

Population

2001

42.6

73 359

172 381 455

2002

44.2

77 187

174 632 960

2003

44.4

78 489

176 871 437

2004

42.7

77 497

181 586 030

2005

41.4

76 268

184 184 264

2006

38.7

72 339

186 770 560

2007

37.8

71 628

189 335 191

2008

38.7

73 429

189 612 814

2009

38.1

72 906

191 481 045

2010

37.5

71 568

190 755 799

2011

38.3

73 613

192 379 287

2012

37.3

72 319

193 976 530

Source: MS, Brazilian Case Registry Database (SINAN), and Datasus.

74.Thus, Brazil managed to reduce the incidence of tuberculosis in the timeframe established by the MDGs (1990 to 2015). The national rate decreased from 51.8 cases per 100 thousand people, in 1990, to 30.9 cases per 100 thousand people, in 2015. The mortality rate fell from 2.6 deaths per one thousand inhabitants, in 2006, to 2.2 deaths per one thousand inhabitants, in 2015, comprising a 15.4% decrease. Brazil achieved the MDG target related to the fight against tuberculosis three years in advance. In 2015, Brazil joined a global commitment to reduce deaths by 95% and the incidence ratio of the disease by 90% until 2035.

Dengue

75.Dengue transmission occurs continuously in Brazil since 1986. In 2013, the country experienced one of its largest outbreaks, with about 2 million probable cases. In 2016 and 2015, respectively, 1,483,623 and 1,688,688 probable cases of dengue were recorded, reaching the incidence rate of 684.2, in 2015. Today, the four serotypes of the disease are present in the country.

Table 43

Dengue incidence rate, new cases, and population per year. Brazil, 2001 to 2012

Year

Incidence rate

New cases

Population

2001

225.97

389 523

172 381 455

2002

401.63

701 380

174 632 960

2003

156.88

277 475

176 871 437

2004

40.01

72 661

181 586 030

2005

82.28

151 550

184 184 264

2006

143.19

267 443

186 770 560

2007

264.90

501 552

189 335 191

2008

293.24

556 018

189 612 814

2009

204.20

391 001

191 481 045

2010

514.42

981 278

190 755 799

2011

356.60

686 016

192 379 287

2012

301.47

584 780

193 976 530

Source: MS, Brazilian Case Registry Database (SINAN), and Datasus.

76.In 2014, the country recorded 3,657 suspected autochthonous cases of chikungunya fever in eight cities. There was an increase in reported cases in 2015, with 17,765 suspected autochthonous cases, 6,784 of which were confirmed, with an incidence rate of 111.8. In April of the same year, Brazil started to confirm the autochthonous transmission of fever by the Zika virus. In 2016, 205,578 probable cases of the disease were recorded, with an incidence rate of 99.8 and 8 confirmed deaths. In 2016, Zika fever became part of the compulsory declaration list in official health statistics, joining dengue and chikungunya fever.

Leprosy

77.Between 2004 and 2012, Brazil recorded a 12% decrease in the leprosy prevalence rate, from 1.71 cases per 10 thousand inhabitants, in 2004, to 1.51 cases per 10 thousand inhabitants, in 2012. In order to eliminate leprosy as a public health problem, Brazil aims to reach a prevalence rate below one case per 10 thousand inhabitants, throughout the national territory.

Table 44

Leprosy incidence rate, new cases, and population per year. Brazil, 2004 to 2012

Year

Incidence rate

New cases

Population

2004

27.50

49 943

181 586 030

2005

26.48

48 773

184 184 264

2006

23.78

44 419

186 770 560

2007

21.78

41 234

189 335 191

2008

21.49

40 757

189 612 814

2009

19.94

38 176

191 481 045

2010

18.77

35 807

190 755 799

2011

18.06

34 740

192 379 287

2012

17.39

33 741

193 976 530

Source: MS, Brazilian Case Regsitry Database, and Datasus.

Job market

78.The labor participation rate in Brazil fluctuated over the last decade. In 2001, it was 68.1%. Until 2005, there was an increasing trend, when it reached 70.4%. In the three subsequent years, labor participation fell, increasing once again in 2009. In 2011, 2012, and 2013 there were additional decreases. In 2014 and 2015, the labor participation rates were 67.5% and 65.9%, respectively. This behavior follows quite distinct paths among the different population sub-groups.

Table 45

Activity rate, according to selected categories. Brazil, 2004 to 2015

Categories

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Total

69.6

70.4

70.1

69.6

69.6

69.7

67.3

67.0

66.6

67.5

65.9

Gender

Male

82.5

82.7

82.2

81.6

81.8

81.6

79.7

79.1

78.6

79.2

.

Female

57.9

59.1

59.0

58.6

58.5

58.8

56.0

55.8

55.6

57.0

.

Age group

16 to 24 years old

67.9

69.3

68.0

67.8

67.6

67.3

63.9

63.7

61.8

63.6

61.4

25 to 39 years old

82.9

83.7

83.4

83.3

83.7

84.3

82.7

82.5

82.7

83.5

82.9

40 to 49 years old

80.2

80.5

81.0

81.0

80.7

81.8

79.9

80.5

80.5

81.2

80.6

50 years old or over

47.3

48.2

48.9

47.8

48.5

47.9

45.8

45.5

46.0

47.6

45.5

Education level

No education or Incomplete Elementary/Middle School

63.5

63.7

62.9

61.7

61.3

60.5

56.7

55.8

55.3

56.0

53.3

Complete Elementary/ Middle School or Incomplete High School

69.0

69.3

68.9

68.8

67.7

68.1

65.3

64.5

63.8

65.2

63.1

Complete High School or Incomplete University Degree

79.2

80.4

79.8

79.6

79.7

79.9

77.6

77.4

76.4

77.2

76.0

Complete University Degree

84.8

85.8

85.6

85.3

85.4

85.4

84.0

84.2

83.6

83.9

82.7

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

79.From 2001 until 2011, the unemployment rate fell by 28%, reaching its lowest level in 2012, at 6.1%. However, the unemployment rate started to record a continuous increase beginning in 2013, reaching 6.7% in 2014 and 9.5% in 2015. Like the labor participation rate, the unemployment rate varies according to different population sub-groups.

Table 46

Unemployment rate, according to selected categories. Brazil, 2004 to 2015

Categories

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Brazil

8.7

9.1

8.3

8.0

7.0

8.1

6.6

6.1

6.4

6.7

9.4

Gender

Male

6.6

6.9

6.2

5.9

5.0

6.0

4.7

4.5

4.8

5.2

7.7

Female

11.5

12.0

10.9

10.6

9.4

10.9

9.0

8.1

8.4

8.7

11.6

Age group

16 to 24 years old

17.9

19.1

17.7

16.6

15.3

17.6

15.0

14.4

14.8

16.6

22.8

25 to 39 years old

7.6

7.8

7.4

7.4

6.5

7.7

6.2

5.7

6.2

6.3

9.0

40 to 49 years old

5.0

5.0

4.5

4.6

3.8

4.5

3.7

3.3

3.7

3.7

5.6

50 years old or over

3.2

3.4

3.0

2.9

2.5

3.1

2.4

2.2

2.3

2.4

3.7

Education level

No education or Incomplete Elementary/ Middle School

6.9

7.1

6.4

5.9

5.0

6.3

5.1

4.5

5.0

5.0

7.0

Complete Elementary/ Middle School or Incomplete High School

13.3

14.3

12.9

12.0

10.5

12.0

9.4

9.3

9.0

9.7

13.5

Complete High School or Incomplete University Degree

10.4

10.7

9.8

9.7

8.5

9.8

7.7

6.9

7.5

7.9

11.2

Complete University Degree

3.5

3.8

3.5

3.7

3.6

3.7

3.4

3.2

3.2

3.7

49

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

80.Regarding the composition of the economic activity in Brazil, it is possible to observe a 3.7 percentage points decrease in the proportion of workers in non-officially recognized jobs, between 2004 and 2014. In the same period, there was an 8.4 percentage points increase in the number of workers in officially recognized jobs. The data indicate that there was a significant increase in the number of formal jobs in the Brazilian labor market.

Table 47

Composition of occupation, according to position. Brazil, 2004 to 2014 (%)

Position

2004

2005

2006

2007

2008

2009

2011

2012

2013

2014

Officially Recognized job

31.2

31.9

32.5

34.0

35.2

35.7

39.4

39.8

40.3

39.6

Non-officially Recognized job

18.1

17.6

17.6

17.1

16.9

16.2

14.7

14.9

14.5

14.4

Officially recognized domestic worker

2.0

2.1

2.1

2.1

2.0

2.2

2.2

2.0

2.2

2.1

Non-officially recognized domestic worker

5.6

5.6

5.5

5.3

5.2

5.5

4.9

4.7

4.5

4.4

Military or statutory civil servant

6.8

6.5

6.8

7.0

7.1

7.3

7.3

7.5

7.5

7.3

Self-employed

22.5

22.1

21.6

21.6

20.6

20.8

21.3

20.8

20.8

21.5

Employer

4.2

4.4

4.6

3.8

4.6

4.4

3.5

3.8

3.8

3.8

Work in production for own consumption and in construction for own use

3.9

4.3

4.3

4.1

4.2

3.9

3.8

3.7

4.2

4.3

Unpaid work

5.6

5.4

4.9

4.8

4.1

3.9

2.8

2.6

2.1

2.4

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

81.Regarding the composition of employment by activity sector, between 2004 and 2015, the country registered increment in the trade, other services, and construction sectors, accompanied by a significant drop in the agricultural sector.

Table 48

Employed population by sectors of activity (total in millions). Brazil, 2004, 2005, 2014, and 2015

Fields of Activity

2004

2005

2014

2015

Agricultural

16.6

16.6

13.9

13.0

Industry

12.3

12.8

12.9

11.9

Construction

5.3

5.6

9.0

8.5

Commerce and repair

14.3

15.1

17.8

17.1

Lodging and food

2.9

3.1

4.6

4.6

Transportation, storage, and communication

3.9

3.9

5.4

5.3

Public Administration

4.2

4.3

5.1

5.0

Education, health, and social services

7.4

7.6

10.2

10.3

Other services

15.5

15.7

19.1

18.5

Undefined Activities

0.2

0.2

0.1

0.1

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

82.Finally, considering the terms of the 1988 Brazilian Federal Constitution, which protects the right of association in trade unions, there were 7,569,865 workers associated in trade unions, registered with in the National Register of Trade Unions (CNES), about 10,047 unions in total. Recent legislative changes regarding union dues have been leading to a decrease in this number.

Social security

83.The Brazilian Federal Constitution provides that social security be organized as a general system based on contributions and with mandatory affiliation. The social security benefits are: (i) age retirement; (ii) disability retirement; (iii) retirement based on time of contribution; (iv) special retirement; (v) sick pay; (vi) accident pay; (vii) benefit to the families of prisoners; (viii) surviving spouse pension; (ix) special pension; (x) maternity pay; (xi) family allowance; and (xii) social assistance through the Continuous Cash Benefit (BPC). The taxpayers are, among others, employers, salaried employees, domestic workers, independent workers, individual taxpayers, and rural workers.

84.The general rule is that all workers who are engaged in a paid activity and are not affiliated to a specific retirement system are bound by the general system. The social security systema has benefit plans with installments intended to ensure that beneficiaries have essential means to support themselves in case of loss of ability to work.

Coverage

85.The Brazilian social-security system benefitted from a 12.7 percentage points increase, over the last decade, in the proportion of taxpayers in the Brazilian economically active population, especially significant among women.

Table 49

Proportion of taxpayers in the economically active population, target population of the Brazilian National Social Security Institute (INSS), and regimes typical of civil and military service, by sex. Brazil, 2001 to 2011

2001

2002

2003

2004

2005

2006

2007

2008

2009

2011

Both sexes

46.0

45.4

46.6

46.7

47.5

48.9

50.8

52.3

53.8

58.7

Men

46.7

46.1

47.3

47.6

48.4

49.9

51.8

53.4

54.6

58.6

Women

45.1

44.5

45.7

45.5

46.3

47.6

49.3

50.9

52.7

58.9

Source: IBGE, 2001 and 2011 National Household Sample Survey (PNAD).

86.At the same time, there was a 6.3 percentage points increase in the basic public social security direct and indirect coverage for the population in working age between 2001 and 2011.

Table 50

Proportion of basic public social security direct and indirect coverage for the population in working age, by sex. Brazil, 2001 to 2011

2001

2002

2003

2004

2005

2006

2007

2008

2009

2011

Both sexes

51.1

50.5

50.9

51.0

51.7

52.6

53.5

54.5

55.1

57.4

Men

49.9

49.2

49.6

49.6

50.3

51.1

52.0

53.1

53.6

55.8

Women

52.3

51.8

52.2

52.2

53.1

54.1

54.9

55.9

56.6

59.0

Source: IBGE, 2001 and 2011 National Household Sample Survey (PNAD).

* Covegare includes direct taxpayers with at least one contribution over the last 12 months and their spouses; persons insured by the rural social security and their spouses; persons insured by the civil and military service social security and their spouses; and dependents up to the age of 21.

Social assistance

87.The Brazilian Federal Constitution sets forth that social assistance is a right ensured by the Government to all citizens and social groups under social risk and vulnerability situation, regardless of contribution to social security.

88.The Unified Social Assistance System (SUAS) is based on the guidelines provided by the Federal Constitution and the legal framework provided by the Organic Law of Social Assistance (LOAS). It is a public system that organizes the social assistance services in Brazil.

89.Under SUAS, the social assistance services are organized and structured based on territory, establishing two levels of actions for protection. The first is the Basic Social Welfare, destined to social and personal risk prevention, by providing programs, projects, services, and benefits to individuals and families in social vulnerability situation. The second is the Special Social Welfare, with high and medium level complexity, directed to families and individuals who are already in risk situation and had their rights violated due to abandonment, ill-treatment, sexual assault, drug use, and other aspects.

90.For each level of protection, the SUAS provides a set of tools to provide services and to grant benefits. Regarding basic protection, the social assistance services to families and individuals in social vulnerability situation are offered by the Reference Center for Social Assistance (CRAS). These services aim at strengthening family and community bonds, seeking to give priority to promotion of autonomy, potentialities, and to strengthening families and individuals.

91.The Specialized Reference Centers for Social Assistance (CREAS) are reference hubs that coordinate and integrate special social welfare services. They are responsible for providing specialized and continuous guidance and support to individuals and families who have their rights violated, focusing on actions directed to the family.

Social assistance network

92.Over the last few years, there was significant expansion of the social assistance network with the establishment of CRAS and CREAS facilities throughout the national territory. Between 2007 and 2016, the number of CRAS grew by about 96%. The expansion of CREAS in the same period was of more than 180%.

Table 51

Number of CRAS and CREAS facilities. Brazil, 2007 to 2016

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

CRAS

4 195

5 074

5 798

6 801

7 475

7 725

7 883

8 088

8 155

8 240

CREAS

897

1 019

1 200

1 590

2 109

2 167

2 249

2 372

2 435

2 521

Source: IBGE and Ministry of Citizenship, SUAS Census. 2013 to 2016.

93.The Continuous Cash Benefit (BPC) is also an integral part of the SUAS. It is a monetary benefit ensured by that ensures a basic income to elderly and persons with physical disabilities in social vulnerability situation.

Table 52

Amount of active benefits of social assistance support. Brazil, 2010 to 2016

2010

2011

2012

2013

2014

2015

2016*

Social Assistance Support

3 413 084

3 600 473

3 777 778

3 975 413

4 137 995

4 251 726

4 274 943

People with Disabilities

1 785 185

1 911 134

2 024 666

2 148 091

2 257 967

2 326 506

2 349 905

Elderly People

1 627 899

1 689 339

1 753 112

1 827 322

1 880 028

1 925 220

1 925 038

Source: Ministry of Citizenship, 2015 and 2012 Social Security Statistical Yearbook.

* Data of February 2016, published in the 2015 BPC Bulletin.

Income

94.The accumulated economic growth in the last decades impacted directly on the general expansion of the average income of the Brazilian citizen. It had a more significant impact on the lower income population, contributing to reducing the historical inequality in Brazil.

95.From 2005 to 2015, there was a 2.6 percentage points growth in the proportion of total income of the 40% of the population who has the lowest income, while the proportion of income to accrued to people with the highest income – the richest 10% – showed a 4.8 percentage points reduction. Different methodologies confirm evidence of a decrease in the inequality in the country, such as the Palma Index, which compares the evolution of the richest 10% and the poorest 40% (10/40 ratio).

Table 53

Percentage distribution of the income from all sources of people in the age of 10 or more with income, by income groups. Brazil, 2005 to 2015

Income Distribution (%)

Year

Up to 40%

More than 40% up to 90%

More than 90%

Palma Index

2005

11.0

43.6

45.3

4.1

2006

11.3

43.7

44.9

4.0

2007

12.0

44.2

43.9

3.7

2008

12.0

44.6

43.4

3.6

2009

12.4

44.6

43.0

3.5

2011

13.1

45.1

41.9

3.2

2012

13.1

45.0

41.9

3.2

2013

13.2

45.4

41.4

3.1

2014

13.3

45.6

41.0

3.1

2015

13.6

45.9

40.5

3.0

Source: IBGE, 2015 National Household Sample Survey (PNAD).

96.With respect to the per capita monthly household income, both the average income and the median income showed a constant growth from 2005 to 2014. After 2015, the decrease in employment rates and the weakening of the economy, household income was negatively affected.

Table 54

Average and median monthly household income per capita in arrangements in private households. Brazil, 2005 to 2015

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Average

965

965

1 065

1 116

1 139

1 206

1 300

1 337

1 368

1 270

Median

530

601

623

636

682

712

770

794

805

788

Source: IBGE, 2015 National Household Sample Survey (PNAD).

97.There was also a decrease in social inequality ratios in relation to sex, skin color, or race between 2005 and 2015.

Table 55

Real average monthly income of persons with age equal to or higher than 15 years old with income, with the respective sex, color, or race ratios. Brazil, 2005 to 2015

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Sex ratio (men/women)

1.51

1.50

1.48

1.49

1.48

1.49

1.47

1.45

1.42

1.50

Color and race ratio (white/black or pardos)

1.89

1.84

1.79

1.74

1.67

1.74

1.72

1.69

1.70

1.89

Source: IBGE, 2015 National Household Sample Survey (PNAD).

Poverty and hunger

98.The poverty indices in Brazil have been decreasing since the 2000s, leading to an important improvement in the population’s living conditions. Both the poverty and the extreme poverty indices decreased significantly over the last few years. The proportion of the population with per capita household income up to one fourth of the minimum wage and between one fourth and one half of the minimum wage decreased 2.8 and 2.6 percentage points, respectively, between 2005 and 2015. In this regard, Brazil has already reached the MDG target of decreasing halving hunger and extreme poverty compared to 1990 levels.

Table 56

Percentage distribution of persons residing in private households per household income groups per capita. Brazil, 2005 to 2015

Groups

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Up to 1/4

12.0

11.8

11.2

10.1

10.6

8.6

8.6

8.5

8.0

9.2

More than 1/4 up to 1/2

20.4

20.3

19.4

18.7

18.6

16.6

18.1

17.3

17.0

17.8

More than 1/2 up to 1

27.0

27.9

27.5

27.6

28.4

26.8

28.6

28.2

28.9

30.3

More than 1 up to 2

21.1

21.0

22.0

22.8

22.6

25.7

23.8

23.9

25.2

24.7

More than 2

16.9

16.3

16.2

16.8

15.7

15.9

15.6

15.3

16.6

15.0

No income, undeclared

2.6

2.9

3.9

4.0

4.1

6.5

5.3

6.6

4.3

2.8

Source: IBGE, 2015 National Household Sample Survey (PNAD).

99.Particularly regarding children and teenagers, maintaining and implementing new strategies to decrease poverty contributed to significant progress in 0 to 29 years age group. Between 2005 and 2015, the percentage distribution of the population residing in households with monthly income up to one fourth of the minimum wage decreased by 4.8 percentage points in the age group from 0 to 4 years, which was the greatest positive evolution of the groups.

Table 57

Percentage distribution of population residing in domiciles with monthly per capita income of up to one fourth of the minimum wage, by age groups. Brazil, 2005 to 2015

Groups

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Total

11.9

12.4

11.1

10.1

10.6

8.5

8.6

8.5

7.9

9.2

0 to 4 years old

22.4

22.5

20.5

19.0

20.0

15.7

16.5

16.1

15.2

17.6

5 to 14 years old

20.7

20.5

20.2

18.7

19.9

16.6

16.4

16.7

15.9

18.0

15 to 29 years old

10.9

10.8

10.2

9.3

9.9

8.3

8.5

8.5

8.1

9.9

30 to 59 years old

8.6

8.5

8.1

7.1

7.8

6.4

6.5

6.5

6.0

7.1

60 years old or over

2.1

2.0

1.9

1.6

1.7

1.2

1.3

1.3

1.2

1.4

Source: IBGE, 2015 National Household Sample Survey (PNAD).

100.Children and teenagers are the most affected age groups by the situation of food insecurity in Brazilian households. In 2013, private households with at least one member under 18 years old had higher food insecurity compared to households composed only by adults. Additionally, the percentage of persons from 0 to 4 years old and from 5 to 14 years old residing in households in situations of food insecurity was 34.1% and 33.7%, respectively, compared to 25.8% of the population in general. Between 2004 and 2013, such age groups had positive progress, with decrease in food insecurity and significant increase in food security.

Table 58

Percentage distribution of the population per household food security situation per age group. Brazil, 2004 and 2013

Total

0 to 4 years old

5 to 14 years old

15 to 29 years old

30 to 59 years old

60 years old or over

2004

2013

2004

2013

2004

2013

2004

2013

2004

2013

2004

2013

Severe food insecurity

7.7

3.6

10.4

4.8

10.6

5.0

7.7

3.8

6.2

3.1

5.1

2.6

Moderate food insecurity

14.1

5.1

18.5

6.5

17.6

6.4

14.2

5.5

12.1

4.5

11.2

4.2

Slight food insecurity

18.0

17.1

21.7

22.8

21.1

22.3

18.6

18.4

16.4

15.1

12.9

11.7

Food security

60.1

74.2

49.4

65.8

50.7

66.3

59.4

72.3

65.3

77.3

70.8

81.5

Source: IBGE, 2004 and 2013 National Household Sample Survey (PNAD).

101.In parallel to the accumulated growth in the Brazilian economy over the last few years, the Federal Government’s strategies to directly combat poverty and extreme poverty contributed to the overall positive result. The core social policy in the country is the Bolsa Família Program, which was created in October 2003, based on three main axes: a) income supplement; b) access to rights; and c) coordination with other areas. The first two axes directly address poverty through income transfer as a supplement for families enrolled in the Sole Registration for Social Programs of the Federal Government (CadÚnico) and through improvement in health care and education conditions (school attendance of children in school age and regular standing of the vaccination schedule, as well as prenatal monitoring for the members of those families benefited from the Program). The Program aims to break the cycle of poverty by providing families with access to basic health care, education, and social assistance services. The income transfer serves as supplement or sometimes as the only source of income for families in extreme poverty situation.

Table 59

Bolsa Família Program, Number of Families Benefited and Amounts Transferred

Year

Number of Families Benefited

Amounts Transferred (R$)

2005

8 700 445

5 691 667 041.00

2006

10 965 810

7 524 661 322.00

2007

11 043 076

8 965 499 608.00

2008

10 557 996

10 606 500 193.00

2009

12 370 915

12 454 702 501.00

2010

12 778 220

14 372 702 865.00

2011

13 361 495

17 364 277 909.00

2012

13 902 155

21 156 744 695.00

2013

14 086 199

24 890 107 091.00

2014

14 003 441

27 187 295 233.00

2015

13 936 791

27 650 301 339.00

2016

13 569 576

28 506 185 141.00

2017

13 828 609

29 046 112 934.00

Source: Ministry of Citizenship, Social Information Matrix, 2005 to 2017.

Social inequality

102.Brazil is a country with a historical high level of social inequality, which, over the last years, has been presenting an important reduction. During the 2000s, the combination of favorable economic growth rates with active initiatives for social inclusion, such as income transfer policies and real increases of the minimum wage, allowed a consistent decrease in social inequality over the last few years. This trend may be verified by using the Gini Coefficient, which went from 0.548 in 2005 to 0.491 in 2015.

Table 60

Gini Coefficient of the distribution of monthly income of persons aged 15 or above, with income, by Major Regions. Brazil, 2005 to 2015

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Brazil

0.548

0.544

0.531

0.526

0.521

0.506

0.505

0.501

0.497

0.491

North

0.501

0.504

0.501

0.490

0.496

0.503

0.486

0.484

0.480

0.473

Northeast

0.546

0.553

0.534

0.534

0.532

0.510

0.510

0.509

0.490

0.484

Southeast

0.531

0.526

0.507

0.502

0.497

0.484

0.485

0.483

0.485

0.477

South

0.516

0.507

0.501

0.492

0.486

0.468

0.465

0.458

0.453

0.450

Midwest

0.561

0.554

0.559

0.562

0.550

0.532

0.523

0.519

0.507

0.498

Source: IBGE, 2015 National Household Sample Survey (PNAD).

Delinquency and administration of Justice

103.The violent crime death rate in Brazil per 100 thousand inhabitants is measured by the indicator “Intentional lethal violent crimes”, which encompasses incidents of voluntary manslaughter, murder with intent to rob, and bodily injury followed by death. From 2007 until 2015, it increased from 23.6 to 27.2.

Table 61

Rate of violent deaths for each 100 thousand inhabitants. Brazil, 2007 to 2015

2007

2008

2009

2010

2011

2012

2013

2014

2015

Intentional Lethal Violent Crimes (CVLI)

23.6

24.2

23.2

22.7

24

25.8

27.1

28.2

27.2

Source: Brazilian Forum of Public Security, 2013 and 2016 Brazilian Annual Reports on Public Security.

104.The racial profile of the violent deaths in Brazil, especially with respect to those caused by firearms, in the 2016, is presented in the publication Violence Map. From 2003 to 2014, we can observe a 26.1% the number of homicides by firearms in the white population decreased by 26.1% while homicides of the Afro-Brazilian increased by 46.9%, as noted in the tale below.

Table 62

Number and Rates of Homicides by Firearms (for each 100 thousand people) according to color. Brazil, 2003/2014

Homicides by Firearms

Rates (for each 100 thousand)

White

People of African descent

White

People of African descent

2003

2014

2003

2014

2003

2014

2003

2014

13 224

9 766

20 291

29 813

14.5

10.6

24.9

27.4

Source: Violence Map, 2016.

105.With respect to sex based crimes, rape and attempted rape cases registered by the police went respectively, from 22.8 and 2.2, in 2011, to 22.2 and 3.4, in 2015, per one hundred thousand people.

Table 63

Rates of sexual crimes for each 100,000 inhabitants and by type. Brazil, 2011 to 2015

Rape

Rape attempt

2011

2012

2013

2014

2015

2011

2012

2013

2014

2015

22.8

25.9

25.4

24.9

22.2

2.2

3.0

2.4

3.9

3.4

Source : Brazilian Forum of Public Security, 2013 to 2016 Brazilian Annual Reports on Public Security.

106.Brazil (the Federal Government and the States of the Federation) allocates an average of 1.3% of its GDP for public security. The total expenditure is shown in the table below.

Table 64

Total expenses incurred with Public Security Services in current Reais (R$). Federal Government and Federative Units. Brazil, 2006 to 2014

Year

Federal Government

Total Federative Units

2006

4 438 869 383.16

35 224 631 863.76

2007

5 904 096 238.99

37 392 585 037.67

2008

7 023 318 467.41

39 417 481 233.10

2009

8 161 732 945.45

42 946 410 795.42

2010

7 779 444 615.76

40 418 313 510.12

2011

5 744 128 534.30

45 657 770 444.81

2012

7 878 515 352.99

44 906 552 377.41

2013

8 270 903 209.92

49 266 559 130.29

2014

8 945 185 000.00

59 305 236 705.05

2015

9 035 951 000.00

67 156 232 540.29

Source: Ministry of Economy and Brazilian Forum of Public Security, Brazilian Annual Reports on Public Security.

107.Public security expenditure on a per capita basis increased from R$184.19 to R$332.21 from 2007 until 2014, pursuant to the table below.

Table 65

Expense per capita with Public Security Services. Federal Government and Federative Units, 2007 to 2014

2007

2008

2009

2010

2011

2012

2013

2014

Total Federal Government and states

184.19

208.47

238.29

236.94

274.22

272.12

286.17

332.21

Source: Ministry of Economy and Brazilian Forum of Public Security, Brazilian Public Security Yearbook.

108.According to the publication Profile of Brazilian states and cities of 2014, the country had over 540,000 active police officers, considering the sum of state police officers and civil police officers. The state police ratio per inhabitant is 1:47, and the civil police ratio is 1:1709.

Table 66

Effective contingent of the Military Police and of the Civil Police, by sex, in each of the Major Regions and Federative Units. Brazil, 2014

Military Police Contingent

Civil Police Contingent

Sex

Police/ inhabitants *

Sex

Police/ inhabitants *

Total

Men

Women

Total

Men

Women

Brazil

425 248

383 410

41 838

1:473

117 642

86 637

31 005

1:1709

North

42 129

36 914

5 215

1:403

12 182

8 323

3 859

1:1394

Northeast

109 341

99 591

9 750

1:510

25 038

19 524

5 514

1:2228

Southeast

186 219

167 784

18 435

1:454

55 094

41 034

14 060

1:1533

South

49 430

44 120

5 310

1:583

13 380

9 282

4 098

1:2152

Midwest

38 129

35 001

3 128

1:393

11 948

8 474

3 474

1:1255

Source: IBGE, 2014 Profile of Brazilian states and cities.

* Ratio calculated by reference to the estimated population on July 1, 2013, submitted to the Brazilian Federal Court of Auditors (TCU) on October 31, 2013.

109.According to data from the National Justice Council (CNJ), in 2015, the Judiciary Branch had 17,338 judges, which corresponds to 7.91 judges per one hundre thousand inhabitants.

110.In 2015, about 74 million legal cases were being processed by the Brazilian Judiciary Branch. Compared to 2014, the number increased by 1.9 million (3%) legal cases, despite the high productivity of the Judiciary Branch, which processed 104% of all cases, meaning that 1.2 million cases were closed in addition to the amount filed. On the other hand, in 2015, the amount of new legal cases decreased (-5.5%) for the first time in the historical series, with minus 1.6 million proceedings when compared to 2014. In 2015, there were 73.9 million legal cases pending trial, 28.5 million proceedings closed, and 27.3 million new cases filed.

111.In 2015, the work load per judge increased by 6.5%, reaching 6,577 cases, including proceedings pending trial or closed in the year. The productivity index for judges reached 1,760 cases per year, a 3.7% increase.

112.The total amount expenditure by the Judiciary Branch in 2015 reached R$79.2 billion, which corresponds to a 4.7% increase in comparison with 2014. The budget fo the Judiciary Branck is equivalent to 1.3% of the national GDP, amounting to R$387.56 per inhabitant.

113.Over the last few years, there has been an increase both in the number of public defenders in each federative unit and in the average annual budget. The State Public Defender’s Offices had an increase in budget, from R$68 million in 2009 to R$137 million in 2014. The annual budget of the Federal Public Defender’s Office increased from R$96 million in 2008 to R$365 million in 2014. The average number of public defenders per federative unit increased from 190 professionals in 2008 to 227 in 2014.

114.Whilst there was a significant increase in numbers of public defenders compared to the 2008, there are major differences between states.

Table 67

Ratio of state Public Defenders and target population per state. Brazil, 2008 and 2014

Federative Units

2008

2014

Active Public Defenders

Active Public Defenders

Target population

Ratio (Pop./Def.)

Acre

60

53

270,867

5,111

Alagoas

30

72

1,255,235

17,434

Amazonas

57

109

1 232 907

11 311

Amapa

-

-

234 812

-

Bahia

201

267

6 279 654

23 519

Ceara

252

284

3 850 129

13 557

Federal District

160

191

904 741

4 737

Espirito Santo

127

186

1 637 105

8 802

Goias

-

18

2 861 175

158 954

Maranhao

46

142

2 622 931

18 471

Minas Gerais

474

581

9 559 377

16 453

Mato Grosso do Sul

148

173

1 129 880

6 531

Mato Grosso

117

182

1 341 821

7 373

Para

212

269

2 924 239

10 871

Paraiba

327

245

1 718 460

7 014

Pernambuco

-

246

3 849 256

15 647

Piaui

62

105

1 387 325

13 213

Parana

-

76

4 995 861

65 735

Rio de Janeiro

720

771

6 929 053

8 987

Rio Grande do Norte

-

38

1 425 164

37 504

Rondonia

25

64

680 909

10 639

Roraima

38

39

158 303

4 509

Rio Grande do Sul

345

379

5 424 244

14 312

Santa Catarina

-

101

3 140 015

31 089

Sergipe

95

92

897 336

9 754

Sao Paulo

397

719

17 932 005

24 940

Tocantins

85

110

604 171

5 492

Source: Ministry of Justice and Public Security (MJSP), IV Diagnosis of the Public Defender ’ s Office in Brazil, 2015.

115.In 2016, the Federal Public Defender’s Office had 614 federal public defenders, an increase of 59 compared to 2014 and of 138 compared to 2010.

116.In view of Constitutional Amendment No. 80/2014, it is necessary to make further progress so that the goal of full coverage of the judiciary sections and subsections, for 2022, is duly achieved. Currently, the Public Defender’s Office covers 78 of the 276 judiciary sections and subsections in the country.

117.In 2016, the Federal Public Defender’s Office provided legal assistance to 631,671 persons and registered 1,611,252 services rendered. In 2014, the State Public Defender’s Offices registered 10,380,167 services and filed or replied to 2,078,606 suits.

Table 68

Requests for Legal Assistance by Persons being Prosecuted or Arrested

Year

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013*

Total

74

435

3 964

6 109

6 641

10 071

23 636

45 657

46 255

20 641

Source: Federal Public Defender ’ s Office, 2013 Electronic Legal Assistance Procedure.

118.The prison population in Brazil, in December 2014, comprised 622,202 persons.

Table 69

Distribution of arrested persons in the Prison System, by prison status (%). Brazil, 2013 and 2014

Convicted

Safety Measure

Temporary

2013

2014

2013

2014

2013

2014

59.2

61.2

0.7

0.5

40.1

38.3

Source: MJSP, National Prison Department (DEPEN) and Brazilian Forum on Public Security.

119.More than 40% of the total persons deprived of their liberty in Brazil are pre-trial detainees, amounting to more than 240 thousand persons. This situation derives from a number of factors, such as the long time taken by judicial cases and deficiency in legal aid.

120.The recently adopted Custody Hearings Program is a relevant action for address the high number of temporary detentions, as it determines the realization of hearings in all Brazilian states aiming at ensuring that all citizens accused of crimes may promptly appear before a judge. According to data by CNJ, after the start of the Program, until December 2016, it was possible to reduce the number of pre-trial detentions in almost 50%.

121.Finally, Brazil does not impose death penalty, according to article 5, XLVII, of its Federal Constitution of 1988.

iv.Cultural characteristics

122.While the official language of Brazil is Portuguese, many other languages are spoken in the country. The 2010 Census indicated that there are 274 indigenous languages, of which tikúna is the most spoken (34.1 thousand speakers). Out of the 786.7 thousand indigenous persons aged of 5 or above, 37.4% speak an indigenous language and 76.9% speak Portuguese. Recently, the Federal Government has implemented public policies to recover and preserve these languages. In education, the implementation of bilingual indigenous schools has supported the preservation of indigenous languages.

123.In addition, there are a number of languages and dialects spoken by descendants of immigrants, creole languages, differentiated linguistic practices spoken in the quilombos, and two sign languages, which together makes Brazil a multilingual country.

124.Regarding religion, the Brazilian State is secular, so it does not have an official religion, as provided for in the Brazilian Federal Constitution. The Constitution prohibits federal entities from establishing religious cults or churches, from funding them, hindering their operation, or maintaining dependence or alliance relationships with them or with their representatives, with the exception, as provided by law, of collaborations in the interest of the general public.

125.According to 2010 Census, 64.6% of Brazilians considered themselves to be Catholic, compared to over 93% in the 1960s. At the same time, the Evangelical population increased from 15.4% in 2000 to 22.2% in 2010. It was also possible to observe an increase in the number of Spiritists, from 1.3% of the population (2.3 million) in 2000 to 2.0% in 2010 (3.8 million), as well as in the number of persons declaring that they do not have any religion, from almost 12.5 million (7.3%) in 2000 to more than 15 million (8.0%) in 2010. Additionally, Brazilians that follow a religion of traditional African origin – such as Umbanda and Candomblé – remained around 0.3% of the population in 2010.

B.Constitutional, political, and legal structure of the State

i.Form of government

126.Brazil is a federal republic, resulting from the interrelation between the Federal Union, the States, Municipalities, and the Federal District. Brazil follows a democratic system of government, based on elected representatives for temporary terms of office, through direct and periodic elections. The country has a Presidential system where the President of the Republic is the head of the Government and of the State.

127.The Brazilian Federal Constitution of 1988 resulted from the re-democratization process that occurred in the country in the 1980s. It sets forth the fundamental rules governing the federation, the separation of powers, and the rights and guarantees. Among the fundamental principles that underpin the Constitution are: (i) sovereignty; (ii) citizenship; (iii) dignity of the human being; (iv) social values of work and free enterprise, and (v) political pluralism.

ii.Popular will, political parties, and electoral system

128.In Brazil, popular will is exercised by universal suffrage and by direct and secret voting, as provided by law, by means of plebiscites, referenda, and popular initiatives. Voting is mandatory for people over eighteen years of age and optional for the illiterate, those over seventy years of age, and those over sixteen and under eighteen years of age. Foreign residents do not enjoy the right to vote, with the exception of those naturalized as Brazilian citizens.

129.Since the enactment of the Brazilian Constitution, all national and sub-national elections took place within the terms established therein.

130.In the elections held in 2016, 146,470,948 people were eligible to vote, which corresponds to 71% of the total population.

Table 70

Eligible voting population. Brazil, 2010, 2012, 2014, and 2016

Election year

Total population in Brazil

Eligible voting population – total

Eligible voting population in % of total population

2010

190 732 694

135 804 433

71%

2012

193 946 886

140 646 446

73%

2014

201 032 714

142 822 046

71%

2016

206 081 432

146 470 948

71%

Source: Superior Electoral Court (TSE).

131.The number of voters who attended the general elections held in 2010 and 2014 was, respectively, 135,804,433 and 142,822,046.

Table 71

Number of voters. Brazil, 2010 and 2014

Election year

Brazil

Abroad

Voting constituency

2010

135 604 041

200 392

135 805 433

2014

142 467 862

354 184

142 822 046

Source: TSE.

132.Citizens and political parties may lodge appeals and complaints related to the electoral process. In the general elections held in 2010, 5,526 proceedings were filed with the Superior Electoral Court (TSE). Out of this total, by the end of July 2013, 4,610 proceedings had already been judged, which represents 83% of the total appeals received.

Table 72

Number of appeals, by type of illegal activity, processed in the Superior Electoral Court related to the 2010 general elections. Brazil, 2010

Type of illegal activity

Total number

Public Officials Prohibited Conducts

169

Suffrage Fraud (purchase of votes)

172

Abuse of Economic, Political, or Authority Power

184

Nonconformities in Campaign Advertising

2 034

Nonconformities in Fundraising and Financing activities of the Election Campaigns

917

Requests for registration of candidacy in the 2010 elections

2 050

Source: TSE.

133.The Brazilian Constitution establishes free organization of political parties, consolidation, merger, and cancellation; thus assuring that national sovereignty, the democratic system, the multiparty system, and the fundamental rights of the human being are protected. In August 2017, there were 35 political parties in Brazil.

Table 73

Political parties. Brazil, 2017

Name

Acronym

Date of Approval

Brazilian Democratic Movement Party

PMDB

1981

Brazilian Labour Party

PTB

1981

Democratic Labour Party

PDT

1981

Workers’ Party

PT

1982

Democrats

DEM

1986

Communist Party of Brazil

PCdoB

1988

Brazilian Socialist Party

PSB

1988

Brazilian Social Democracy Party

PSDB

1989

Christian Labour Party

PTC

1990

Social Christian Party

PSC

1990

Party of National Mobilization

PMN

1990

Progressive Republican Party

PRP

1991

Popular Socialist Party

PPS

1992

Green Party

PV

1993

Labour Party of Brazil

PTdoB

1994

Progressive Party

PP

1995

Unified Workers’ Socialist Party

PSTU

1995

Brazilian Communist Party

PCB

1996

Brazilian Labour Renewal Party

PRTB

1995

Humanist Party of Solidarity

PHS

1997

Christian Social Democratic Party

PSDC

1997

Labour Cause’s Party

PCO

1997

Podemos

PODE

1997

Social Liberal Party

PSL

1998

Brazilian Republican Party

PRB

2005

Socialism and Liberty Party

PSOL

2005

Party of the Republic

PR

2006

Social Democratic Party

PSD

2011

Free Fatherland Party

PPL

2011

National Ecological Party

PEN

2012

Republican Party of the Social Order

PROS

2013

Solidariedade

SD

2013

New Party

NOVO

2015

Sustainability Network

REDE

2015

Party of the Brazilian Woman

PMB

2015

Source: TSE.

134.Following the 2018 legislative elections, both Houses of Congress, the House of Representatives and the Federal Senate, elected representatives, as described in the tables below.

Table 74

Groups of legislators by political party. House of Representatives. Brazil, 2019

Party/Block

Number of members

No Party

1

Block PP, MDB, PTB

85

PT

54

PSL

54

PL

38

PSD

36

PSB

32

PRB

31

PSDB

30

DEM

28

PDT

27

SOLIDARIEDADE

14

PODE

11

PSOL

10

PROS

10

PCdoB

8

PSC

8

CIDADANIA

8

NOVO

8

AVANTE

7

PATRIOTA

5

PV

4

PMN

2

PHS

1

REDE

1

Total

513

Table 75

Groups of legislators by political party. Federal Senate. Brazil, 2019

Party/Block

Number of members

PDT

4

CIDADANIA

3

PODEMOS

8

PSD

9

PSDB

8

DEM

6

PP

6

MDB

13

REDE

3

PSL

4

PT

6

PSB

3

PL

2

PRB

1

No Party

1

PROS

3

PSC

1

Total

81

Source: Federal Senate.

135.Regarding female share in the Brazilian Congress, in 1995, Law No. 9,100 was enacted, establishing that at least 20% of the candidates presented by each party or coalition should be women. In 1997, this proportion was changed to a minimum of 30%, which was confirmed by Superior Electoral Court in 2010.

136.In 2014, there was a significant growth in the number of women running for offices in the House of Representatives, reaching 1,765, in comparison to 935 in 2010, representing an 88.8% increase. Additionally, the number of women in the House increased by 13.3% compared to 2010, with 51 federal representatives elected. Women also obtained a record representation in the Federal Senate in 2014 elections, with a higher percentage of women elected, compared to 2010 and 2006. Of the total of 27 elected senators 5 were women, representing 18.5%.

Table 76

Distribution of women elected for the Federal Senate and the Chamber of Deputies. Brazil 2002, 2006, 2010 and 2014 (in %)

2002

2006

2010

2014

Federal Senate

14.8

14.8

14.8

16.0

Chamber of Deputies

8.2

8.8

8.8

9.9

Source: TSE.

iii.Social participation

137.The Brazilian Constitution provides for, in different articles, the principle of social participation, reaffirming and deepening the participative democracy in the country. The creation of spaces capable of incorporating the agendas and the interests of the various sectors of the society during the preparation and implementation of the public policies is deemed essential for the establishment of a relationship of co-responsibility between the Government and the society, and, equally, for ensuring a greater legitimacy to the decisions and actions of the government.

138.The Constitution provides for and ensures freedom of association. The recognition of entities depends only on the organization of their legal personalities, which, depending on their nature, require specific administrative proceedings, such as, for example, the registration of bylaws.

139.The coordination and organization of the relationships between the Government and civil society, within the scope of the Federal Executive Branch, are under the responsibility of the Government Secretariat of the Presidency of the Republic. The Secretariat is responsible for assisting directly the President of the Republic and other agencies of the federal public administration in the relationship and coordination with social movements, employers’ and workers’ associations, which includes the creation and implementation of channels that ensure consultation and popular participation in the discussion and the definition of the priority agenda of the country.

140.The types of dialogue that the Government has maintained with the civil society over the last few years include councils, present in all levels of the Federation, and national conferences about different subjects of interest to civil society.

141.The councils are collegiate bodies with the participation of representatives of the Executive Branch and of civil society, which are active in the preparation, implementation, and monitoring of public policies, thus ensuring that the rights provided for in the Brazilian Constitution are duly respected. The councils are not restricted to federal sphere, but are also present at the state and municipal levels.

142.The national conferences are an essential instrument of dialogue, debate, and collective construction of guidelines, having a key role in the conception, implementation, and monitoring of public policies. From 1941 to 2013, 138 national conferences took place, of which 97 occurred between 2003 and 2013, encompassing more than 43 sectorial areas in the municipal, regional, state, and national spheres. More than nine million persons participated in the debate on proposals for public policies related to different topics.

143.In addition to these spaces of participation, the country has other channels and actions enabling a more fluid interaction between the government and the civil society, such as dialogue meetings, ombudsmen, public hearings, social mobilization and participation plans, activities for monitoring social demands, social participation in the budget process, and participative audits, always keeping a dialogue with the organizations of the civil society and other entities, as partners.

iv.Means of communication

144.Based on data for 2015 regarding access to communication, television is still the most accessible means of communication in the residences, amounting to 97.1%. From 2005 until 2015 access to computers with Internet access and mobile and fixed line telephones, expanded respectively, 26.9% and a 21.9%.

Table 77

Proportion of permanent private residences with durable goods, by certain selected items. Brazil, 2005 to 2015

2005

2006

2007

2008

2009

2011

2012

2013

2014

2015

Telephone (landline or mobile)

71.4

74.3

76.7

81.9

84.2

89.9

91.2

92.5

93.5

93.3

Television

91.2

92.9

94.3

95.0

95.6

96.9

97.2

97.2

97.1

97.1

Microcomputers with Internet access

13.6

16.8

20.0

23.8

27.4

36.6

40.3

42.4

42.1

40.5

Source: IBGE, 2014 and 2015 National Household Sample Survey (PNAD).

145.In 2015, 50% of the Brazilian households had access to a computer, and 51% had Internet access, amounting to approximately 34.1 million households. The growth in access to the Internet is significant, considering that only 18% of households had Internet access, in 2008. Compared to the previous year, the proportion of people accessing the Internet in 2015 through a mobile phone increased from 76% to 89%, while Internet access through computers decreased from 80% to 76%. Additionally, Wi-Fi connections registered a 13 percentage points growth, being present in 79% of the Brazilian residences.

146.The communications sector is regulated by Decree-Law No. 236/1967. Article 12 thereof defines the concentration limits related to the communications sector entities, which establish a maximum number of concessions or permits for radio and television broadcasting stations.

v.Political and administrative organization

The federal pact

147.The Brazilian federal system is composed of the Federal Government or Union, the 26 States, the 5,570 Municipalities, and the Federal District, with Brasília as the Federal Capital City. The three federative units have autonomy with respect to self-organization and laws and regulations, but are conditioned to the constitutional law.

148.The States are organized and governed by the constitutions and laws they themselves adopted, with due regard to the principles set forth in the Federal Constitution. They are responsible for the competences not prohibited by the Constitution. The States’ Executive Branch is represented by the Governor, elected every four years through universal, direct, and secret suffrage. The Governor is responsible for representing the Federative Unit before the Federal Government and the other states, coordinating the legal, political, and administrative relationships, and defending its autonomy. Each State has a Legislative Assembly, which is the body representing the Legislative Branch in the state sphere. The Assemblies are composed of state representatives elected every four years, through direct and secret vote, and the number of representatives is defined by the amount of inhabitants of each state, with the possibility of unlimited re-election.

149.Municipalities, on their turn, are organized and governed by an Organic Law, enjoying autonomy pursuant to the Federal Constitution and state constitutions. The Municipal Executive Branch is represented by the Mayor, elected for a four-year term of office, through direct and elections. The Mayor has political and administrative duties consolidated through legal and administrative acts and expressed through planning and implementation of municipal activities, public works and services. The Legislative Branch is represented by the City Council, elected for four-year terms of office, through direct and secret vote, respecting the composition of the number of inhabitants in the cities, with the possibility of unlimited re-election.

150.The Federal Constitution established a general rule for the Federal Government not to intervene in the internal affairs of the States and in the Federal District, except in the cases expressly authorized therein. In this regard, it is essential to point out that one of the possibilities of federal intervention is, precisely, the need for the Federal Government to ensure the respect of human rights.

151.As a rule, the investigation and punishment of most human rights violations are. Nevertheless, the Federal Constitution stipulates that cases of serious violations can be elevated to the federal level. Thus, in cases of serious violations of human rights, the Prosecutor General of the Republic may evoke, before the Superior Court of Justice (STJ) a motion to change the jurisdiction of proceedings to the Federal Courts, in order to ensure the respect for international human rights treaties to Brazil is a party.

The branches of the Republic

152.The Brazilian Government is organized in three Branches: the Legislative Branch, the Executive Branch, and the Judiciary Branch. They are independent and harmonious with each other, pursuant to the Federal Constitution.

Executive Branch

153.At the federal level, the power of the Executive Branch is exercised by the President of the Republic, with support from the Ministers. The election of the President and the Vice-President of the Republic is held, simultaneously, ninety days before the end of the term of office of the current President, for a four-year term of office, with the possibility of running for re-election for an additional term. The candidate receiving the absolute majority of votes, disregarding blank and null votes, shall be elected President.

154.The Executive Branch is composed of direct managerial bodies, such as the federal ministries, and indirect management agencies, such as governmental entities and other independent agencies. The formulation, implementation, and monitoring of federal public policies are a responsibility of the ministries, special offices, independent agencies, regulatory agencies, and councils.

155.The Executive Branch also has a role, together with the Legislative Branch, in the drafting of bills, approval and vetoing of laws. In case of importance and urgency, it may propose provisional measures and amendments to the Constitution, complementary and ordinary bills, and delegated laws.

Legislative Branch

156.The federal Legislative Branch is composed of the Federal Senate and the House of Representatives, which, together, form the National Congress. The Federal Audit Court (TCU) is part of the Legislative Branch, tasked with the role of control and inspection of the public administration.

157.The House of Representatives represents the people, based on a system of proportional representation, with a minimum of eight and a maximum of seventy representatives by each Federative Unit, amounting to 513 representatives, serving for a four-year term, with the possibility of unlimited re-election.

158.In 1995, the House of Representatives established a Human Rights and Minorities Commission, responsible for, among other duties, receiving, evaluating and investigating human rights violation reports and inspecting and monitoring the implementation of governmental programs in this sector.

159.The Federal Senate represents the 26 States and the Federal District. Each one of the federative units elects three senators, amounting to 81 senators. Every four years, the States and the Federal District alternately elect one and two Senators to serve for an eight-year term, with possibility of unlimited re-election.

160.In 2005, the Federal Senate established the Human Rights and Participative Legislative Commission, which is responsible for discussing bills, monitoring public policies, and coordination with the civil society aiming at promoting human rights.

Judiciary Branch

161.The Judiciary Branch is responsible for administering the law and punishing perpetrators. By the Constitution, it is ensured administrative and financial autonomy. Among its bodies are the Brazilian Supreme Court (STF), the National Justice Council, the Superior Court of Justice, the Federal Regional Courts and Federal Judges, the Labor Courts and Judges, the Electoral Courts and Judges, the Military Courts and Judges, and the Courts and Judges of the States and Federal District and Territories. Thus, the Brazilian Judiciary Branch is divided into common courts (federal and state) and specialized courts (military, electoral, and labor).

162.In 2004, through a constitutional amendment, the National Justice Council was created, with a view to controlling the administrative and financial actions of the Judiciary Branch and the discharge of the duties of judges. The Council is composed of 15 members who serve for a two-year term, with the participation of judges, public prosecutors and public defenders, attorneys and citizens appointed by the House of Representatives and Federal Senate.

Essential duties of the Courts

163.In discharging its the legal duties, the Courts are assisted by the Office of the Attorney General, by private law firms, by the Prosecution Service, and by the Public Defender’s Office, which are institutions essential for ensuring the respect of human rights.

164.The public legal practice is exercised by the Office of the Attorney General of the Union (AGU), which is responsible for assisting and guiding the President of the Republic and the Ministers, its independent agencies, and public foundations, in matters of legal nature and in the internal control of the legality of the administrative acts. Additionally, AGU is in charge of suggesting measures of a legal nature for the public interest and of representing the Federal Government in Court in cases where it is the claimant, defendant, or interested third-party.

165.Private legal practice is organized under the Brazilian Bar Association (OAB), an independent body without functional or hierarchical relation with Public Administration agencies. It is tasked to defend the Constitution, the democratic rule of law, human rights, social justice, as well as promote, exclusively, representation, defense, selection, and discipline of attorneys throughout the country. The Federal Constitution establishes that legal practice is essential to the administration of justice. Lawyers are inviolable for their acts and opinions in the exercise of their occupation, within the limits of the law.

166.The Prosecution Service, created by the Brazilian Federal Constitution of 1988, is an independent government agency with functional, administrative, and financial autonomy. It is not part of any of the three Branches. It is responsible for defending the legal order, the democratic system and unalienable social and individual rights. The agency is headed by the Prosecutor General of the Republic and governed by the institutional principles of functional unity, indivisibility and independence. It may not be extinguished nor have its duties passed on to another institution.

167.The Prosecution Service of the Federal Government (MPU) is composed by the Federal Prosecution Service (MPF), the Labor Prosecution Service (MPT), the Military Prosecution Service (MPM), the Federal District and Territory Prosecution Service (MPDFT), and the State Prosecution Services (MPEs).

168.In addition to the traditional role of monitoring the implementation of the law and public prosecutor, the Prosecution Service is responsible for receiving the complaints and filing suits as the lead plaintiff representing the interested parties by virtue of violation of economic, social, and cultural rights.

169.The Public Defender’s Office is a permanent institution, integrating the Executive Branch. It is mainly responsible for providing legal services, promoting human rights and defending, at all levels, judicially and extrajudicially, all individual and collective rights, fully and freely, to those that cannot afford private legal representation.

170.The Federal Public Defender’s Office (DPU) exercises this role at the federal level, while the State Public Defender’s Offices operate in the States of the Federation. Constitutional Amendment No. 45/2004 granted financial and budgetary autonomy to the Defender’s Offices, contributing to a higher independence of the defenders and to structural improvements in the institution, as well as to an expansion of access to the Courts throughout the country.

II.General framework for protection and promotion of human rights

A.Acceptance of the international human rights rules

171.Most of the international human rights treaties were ratified by Brazil after its re-democratization process, which began in 1985. As noted in the tables below, Brazil is a party to the main instruments related to human rights, international humanitarian law, international criminal law, rights of refugees, and international labor law.

172.Additionally, the Brazilian Government maintains a standing invitation to human rights special procedures of the United Nations System. Altogether, the country has already received more than 20 visits of special rapporteurs and independent experts in various areas of expertise, in addition to the special representative of the Secretary-General for Human Rights Defenders, which brought positive contributions, with useful diagnoses and recommendations with respect to some of the main challenges that Brazil faces.

173.In 1998, Brazil ratified the Statute of the Hague Conference on Private International Law, and resumed its participation in the Conference in 2000. The country is also a party to a series of private international law treaties under the Organization of American States. Accordingly, many of the topics at the international level are addressed in inter-American conventions of private international law. Thus, Brazil recognizes the relevance of treaties regarding letters rogatory and arbitration for access to the courts.

174.The Brazilian Government is a party to the main human rights instruments. In 1998, Brazil accepted the mandatory jurisdiction of the Inter-American Court of Human Rights. The breadth and scope of the treaties ratified by Brazil are a testament to the commitment of the country regarding the importance of the international and regional systems of protection of human rights.

175.Finally, it is worth highlighting that, in 2017, after presenting its national human rights report, Brazil accepted all but 4 of the 246 recommendations made to the country for the third cycle of the Universal Periodic Review of the Human Rights Council. Together with the other international commitments made by Brazil, the UPR recommendations will guide Brazilian public policies and actions for human rights in the next four years. The Brazilian Government has paid special attention with respect to the promotion and projection of the human beings, their integrity, and their dignity.

1.Main International Human Rights Instruments

Treaty

Ratification/Accession

Declarations/Reservations

International Covenant on Economic, Social and Cultural Rights

1992

International Covenant on Civil and Political Rights

1992

International Convention on the Elimination of All Forms of Racial Discrimination

1968

Yes

(declaration of recognition of the competence of the Committee on the Elimination of Racial Discrimination )

Convention on the Elimination of all Forms of Discrimination Against Women

1984

Yes (reservation to article 29, paragraph 1)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

1989

Yes

(declaration of recognition of the competence of the Committee against Torture)

Convention on the Rights of the Child

1990

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

2004

Yes

(declaration regarding article 143 of the Brazilian Federal Constitution)

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

2004

Optional Protocol to the International Covenant on Civil and Political Rights

2009

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

2009

Yes (reservation to article 2)

Optional Protocol to the Convention on the Elimination of all Forms of Discrimination Against Women

2002

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

2007

Convention on the Rights of Persons with Disabilities

2008

Optional Protocol to the Convention on the Rights of Persons with Disabilities

2008

International Convention for the Protection of All Persons from Enforced Disappearance

2010

2.Other Human Rights Conventions

Treaty

Ratification/Accession

Declarations/Reservations

Convention on the Prevention and Punishment of the Crime of Genocide

1952

Yes (declaration on the reservations made to the Convention by some countries)

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

1958

Convention relating to the Status of Refugees

1960

Convention relating to the Status of Stateless Persons

1996

Convention on the Reduction of Statelessness

2007

Yes (declaration regarding article 8, paragraph 3, a, ii)

Statute of the International Criminal Court

2002

United Nations Convention against Transnational Organized Crime

2004

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

2004

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

2004

3.International Labor Organization – ILO Covenants

Convention

Title

Ratification

14

Weekly Rest (Industry) Convention

1957

29

Forced Labor Convention

1957

81

Labor Inspection Convention

1989

97

Migration for Employment Convention (Revised)

1965

98

Right to Organize and Collective Bargaining Convention

1952

100

Equal Remuneration Convention

1957

102

Social Security (Minimum Standards) Convention

2009

105

Abolition of Forced Labor Convention

1965

106

Weekly Rest (Commerce and Offices) Convention

1965

111

Discrimination (Employment and Occupation) Convention

1965

118

Equality of Treatment (Social Security) Convention

1969

122

Employment Policy Convention

1969

131

Minimum Wage Fixing Convention

1983

132

Holidays with Pay Convention (Revised)

1998

138

Minimum Age Convention

2001

151

Labor Relations (Public Service) Convention

2010

155

Occupational Safety and Health Convention

1992

169

Indigenous and Tribal Peoples Convention

2002

182

Worst Forms of Child Labor Convention

2000

4.United Nations Educational, Scientific and Cultural Organization – UNESCO Conventions

Treaty

Ratification/Accession

Convention against Discrimination in Education

1968

5.Hague Conference on Private International Law Conventions

Treaty

Ratification/Accession

Declarations/Reservations

Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption

1999

Yes (declaration regarding art. 22, item 4)

Convention on the Civil Aspects of International Child Abduction

1999

Yes (reservation to art. 24)

Convention on International Access to Justice

2011

Yes (declaration regarding art. 7, paragraph 2; art. 24; art. 28, paragraph 2; and art. 29)

6.Geneva Conventions and other Conventions on International Humanitarian Law

Treaty

Ratification/Accession

Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

1957

Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

1957

Geneva Convention (III) relative to the Treatment of Prisoners of War

1957

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

1957

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)

1992

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

1992

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

1999

7.Organization of American States (OAS) Conventions

Treaties

Ratification/ Adherence

Declarations/Reservations

Inter-American Convention on the Granting of Political Rights to Women

1950

Inter-American Convention on the Granting of Civil Rights to Women

1952

Charter of the Organization of American States

1950

Convention on Diplomatic Asylum

1957

Convention on Territorial Asylum

1964

Protocol of Amendment to the Charter of the Organization of American States (“Protocol of Buenos Aires”)

1968

American Convention on Human Rights (Pact of San Jose, Costa Rica)

1992

Yes (interpretative declaration regarding articles 43 and 48, D, and recognition of the mandatory jurisdiction of the Inter-American Court of Human Rights)

Convention to Prevent and Punish the Acts of Terrorism Taking the Forms of Crimes Against Persons and Related Extortion that are of International Significance

1999

Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors

1997

Inter-American Convention on Personality and Capacity of Juridical Persons in Private International Law

1997

Inter-American Convention to Prevent and Punish Torture

1989

Protocol of Amendment to the Charter of the Organization of American States (Protocol of Cartagena)

1988

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol of San Salvador”)

1996

Inter-American Convention on Support Obligations

1997

Inter-American Convention on the International Return of Children

1994

Protocol to the American Convention on Human Rights to Abolish the Death Penalty

1996

Yes (reservation under art. 2)

Protocol of Amendments to the Charter of the Organization of American States

1994

Protocol of Amendment to the Charter of the Organization of American States (“Protocol of Managua”)

1995

Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (“Convention of Belém do Pará”))

1995

Inter-American Convention on International Traffic in Minors

1997

Inter-American Convention Against Corruption

2002

Yes (reservation to art. XI, paragraph 1,item c)

Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials

1999

Inter-American Convention on Transparency in Conventional Weapons Acquisitions

2006

Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities

2001

Inter-American Convention Against Terrorism

2005

Inter-American Convention on the Forced Disappearance of Persons

2013

B.Legal framework for protection of human rights nationwide

176.The recognition and incorporation of human rights in the Brazilian social, political, and legal system is the result of a historical process, primarily materialized in the Brazilian Federal Constitution of 1988. It was a response to demands of the Brazilian society after years of a military regime in Brazil (1964–1985). The Brazilian Constitution thus sets forth the principles established in the Universal Declaration of Human Rights, integrating in its disciplines a system of human rights protection in the country.

177.Accordingly, there has been significant progress in the construction and consolidation of the institutional framework in Brazil aiming at implementing structural policies and actions intended for promotion and protection of human rights as a permanent State policy. In the current administrative structure, the Ministry of Women, Family, and Human Rights brought together in one government body a number of different agencies, in order to the implement the constitutional mandate on human rights.

i.Brazilian Federal Constitution

178.The Brazilian Federal Constitution establishes the principle that the Brazilian State is built upon the foundations of citizenship and dignity of the human being. It aims to foster the construction of a free, fair, and solidary society, national development, eradication of poverty, reduction in social and regional inequalities, as well as the promotion of wellbeing for all people, with no prejudice or discrimination of any kind.

179.In its initial articles, the Constitution sets forth fundamental rights and guarantees, providing for the individual and collective rights and duties, social rights, labor rights, nationality rights, and political rights, thus establishing the fundamental core of the democratic system and the rule of law.

180.Article 5 establishes that all persons are equal before the law, without any distinction whatsoever, ensuring to Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security, and property. Through an extensive list of items, it specifies the terms according to which individual and collective rights and duties are ensured by the State.

181.The norms defining the fundamental rights and guarantees are directly applible. Specific rights not listed in the in the Constitution are not excluded from Brazilian legislation. As amended in 2004, international treaties and conventions on human rights are considered to be constitutional texts, if adopted by the National Congress, pursuant to the legislative procedures directed to the amendment to the Constitution. Unlike what occurs with regular international treaties, which are equivalent to federal laws, the Constitution (art. 5, paragraph 2) grants elevated legal treatment to the treaties on human rights, granting them special nature before the Brazilian laws and regulations. International treaties on human rights passed by a simple majority in the National Congress also benefit from hierarchical privilege of supra-legality and infra-constitutionality, prevailing over ordinary statute.

182.The procedures for the incorporation of international covenants and treaties into the national legal system is set out in the Federal Constitution. After the act of signature or adhesion of an international treaty or convention by the Federal Executive Branch, both Houses of Congress must vote to approve the document. After publication of the corresponding legislative decree, the President undertakes to deposit the instrument of ratification with the depositary, as well as to issue a decree granting internal effectiveness and giving publicity to its content. After all phases of the process are concluded, the provisions of the international covenants and treaties may be invoked before domestic courts and administrative bodies.

183.The Brazilian Constitution also establishes detailed legislative procedures for amendment of its articles. Nevertheless, core clauses are deemed permanent and cannot be amended, such as the federative form of State, the direct, secret, universal, and periodic vote, the separation of powers in three branches, and the individual rights and guarantees.

ii.Guarantees for the safeguarding and reestablishment of the fundamental rights in case of infringement

184.The Brazilian constitutional order recognizes a set of guarantees directed to safeguarding and reestablishing fundamental rights in case of infringement. In this regard, in addition to the constitutional actions and remedies for the protection and promotion of rights, the Brazilian Federal Constitution stipulates that the access to justice is a fundamental right – the courts cannot refrain from judging infringement or threatened infringement of rights, the reasonable duration of proceedings, due process of law, and the prohibition of limited or special jurisdiction.

185.The Brazilian Constitution provides for the following remedies: (i) right to complaint; (ii) right to certificate; (iii) habeas corpus; (iv) habeas data; (v) security, collective, and individual warrant; (vi) injunction warrant; (vii) citizen suit; and (viii) public civil action.

186.Additionally, to ensure respect of the Constitution and of the rights and guarantees provided therein, direct legal action can be taken to assess the constitutionality of the jurisdiction of the Brazilian Supreme Court. The Constitution specifies that certain individuals or entities – the President of the Republic, the Prosecutor General, the State Governors and the Governor of the Federal District, the members of the House of Representatives and the Federal Senate, of the Legislative Chamber of the Federal District, and of the States Legislative Assembly, the political parties represented in the National Congress, the Federal Council of the Brazilian Bar Association, the national professional associations, and the union confederations – may file: (i) direct legal suits on constitutionality of federal and state laws and measures; (ii) direct legal suits on constitutionality by omission; (iii) declaratory suits on the constitutionality of law and federal normative acts; and (iv) claims of breach of fundamental constitutional principles.

iii.Competent authorities on human rights

187.In Brazil, within the scope of the Federal Executive Branch, the Ministry of Women, Family, and Human Rights (MMFDH) acts as the central authority to formulate, coordinate, and implement policies and guidelines aiming at the promotion of human rights, including political and civil rights, rights of the child and adolescent, rights of elderly, rights of the person with disabilities, rights of the Afro-Brazilian population, rights of minorities. In its present structure, it has special focus on the rights of women and the welfare of the family.

188.Accordingly, MMFDH is responsible for the interministerial and intersectoral coordination of the policies for promotion and protection of human rights in Brazil. It proposes policies and guidelines aiming at coordinating the promotion and defense of such rights at the federal, state, and municipal levels, as well as other branches of government, the civil society, and international organizations.

189.The Ministry is composed, among others, of the National Office of Global Protection, the National Office for the Rights of Persons with Disabilities, the National Office for Racial Equality Promotion Policies, the National Office for Promotion and Defense of the Rights of Elderly Persons, the National Office for the Rights of Children and Adolescents, the National Office for the Family, the National Office for Policies for Women, and the National Youth Office.

190.The Ministry also houses the National Ombudsman for Human Rights, responsible for receiving, analyzing, and forwarding reports and complaints related to violation of human rights, especially those that affect vulnerable populations, such as children and teenagers, elderly people, people with disabilities, LGBT people, people in street situation, indigenous and traditional peoples and communities, and people deprived of liberty.

191.The main communication channel of the Ombudsman is the Disque Direitos Humanos (Disque 100), a free of charge telephone assistance service or hotline, operational 24 hours a day, 7 days a week. The assistants are trained to receive and properly refer the complaints received according to their nature. Additionally, Disque 100 is also an important instrument for systematizing statistics on violations of human rights, providing guidance for policy adjustments and corrections, as well as other actions directed to protection and promotion of human rights. The program is currently under review, in order to increase its effectiveness and coverage.

192.Additionally, the National Human Rights Council (CNDH) is formally under the structure of the Ministry, having replaced in 2014 the Human Rights Defense Council (CDDPH). The Council is a collegiate body with representatives from public agencies and the civil society, mandated to promote and defend human rights through actions to prevent, protect, correct, and punish conducts and situations that threaten or violate human rights. It is responsible for receiving accusations or complaints of misconduct or situations contrary to human rights and for assessing the relevant liabilities.

193.Within the scope of the Federal Legislative Branch, as already pointed out, the National Congress has commissions responsible for human rights within its permanent structure. In the House of Representatives, human rights are under the responsibility of the Commission of Human Rights and Minorities, while in the Federal Senate, such issues are addressed by the Commission of Human Rights and Participatory Legislation.

194.Within the scope of the Federal Judiciary Branch, the National Justice Council, has an important role in promoting and protecting human rights in Brazil, such as the rights of persons deprived of their liberty. It is essential in ensuring respect for legal obligations established by Brazilian and international instruments.

195.Within the scope of the Federal Prosecution Service (MPF), the Office of the National Ombudsman (PFDC) promotes dialogue and suggest courses of ation with relation to public and civil-society institutions, with a view to overcoming challenges to the full implementation of human rights in Brazil. It is particularly relevant to protect and defend unalienable individual, collective, and diffuse rights.

196.Finally, the Federal and State Public Defender’s Offices are of utmost importance for the protection and preservation of human rights in the country. Together, they ensure access to Justice particularly for persons situation of vulnerability without financial means to afford legal services.

iv.Brazil in the Inter-American Human Rights System

197.Brazil highly values the Inter-American Human Rights System, composed of the Inter-American Human Rights Commission (CIDH) and the Inter-American Court of Human Rights (CorteIDH). After ratification of the American Convention on Human Rights in 1992, Brazil accepted the jurisdiction of the Inter-American Court of Human Rights in 1998.

198.The Brazilian Supreme Court has determined that the provisions of the American Convention on Human Rights supersede national ordinary laws and regulations. It thus confirmed the understanding that, even if international human rights treaties are not adopted by the qualified majority needed to approve constitutional amendments in the National Congress, they have supra-legal hierarchy over ordinary law. High visibility cases in the inter-american system involving Brazil are often cited as parameters for legal rulings by domestic courts, as well as for the elaboration of public policies aiming at non-repetition of violations of human rights, such as the cases of Maria da Penha, regarding domestic violence, and José Pereira, regarding slavery.

Inter-American Human Rights Commission

199.At time of writing, Brazil had 188 cases pending before the Inter-American Human Rights Commission, 84 of which are complaints in admissibility stage, 9 have resulted in friendly settlements, 12 cases are in admissibility and merits stage, 45 cases are in the merits stage, 16 cases are in compliance with recommendations, and 22 are preliminary injunctions.

Inter-American Court of Human Rights

200.Additionally, there are 11 cases involving Brazil currently under procedural progress before the Inter-American Court of Human Rights (IACHR): 4 provisional measures (Criminal Institute of Plácido de Sá Carvalho in 2017, Penitentiary Complex of Curado in 2014, Penitentiary Complex of Pedrinhas in 2014, and Socio-Educational Internment Facility in 2011), 6 cases of verification of service of sentence (Ximenes Lopes in 2006, Sétimo Garibaldi in 2009, Gomes Lund and others – Araguaia Guerrilla War in 2010, Fazenda Brasil Verde Workers in 2016, Cosme Rosa Genoveva and others – Favela Nova Brasilia in 2017, and Xucuru Indigenous Peoples and its members in 2018). One case is currently in the answer stage (Vladimir Herzog and more). Due to the acceptance of the jurisdiction of the IACHR by Brazil, the sentences granted by this institution have binding effect to the Brazilian legal system.

C.Law framework in which human rights are promoted nationally

i.National strategy for development and human rights

201.Over the last few decades, Brazil has increasingly adopted a human rights based approach in the implementation public programs and policies. The progress achieved in social inequality and poverty reduction, as well as education, health, labor and social, attests to the importance of integrating a human rights framework to state policies.

202.In this regard, government policies to promote and protect human rights are founded on intersectoral and cross-sectional approaches. Different public agencies of the Executive, Judiciary, and Legislative Branches, as well as the federative units, implement initiatives to promote and protect human rights, with a view to reaching all members of the public and all citizens in the country.

203.In 1996, Brazil adopted the first National Human Rights Program (I PNDH), establishing guidelines for actions to be taken by the Federal Government regarding promotion and protection of human rights, strengthening the cross-sectioral perspective of public policies, as reported in the previous Common Core Document (CCD). In 2002, the Program was reviewed, updated and expanded with the inclusion of economic, social, and cultural rights, resulting in the publication of the second National Human Rights Program (II PNDH).

204.In 2009, following wide ranging debate between public agencies at the federal, state and municipal, including society, the third National Human Rights Program (III PNDH) was adopted by the Federal Government. Reaffirming the indivisible and interdependent nature of human rights and recognizing the different roles played by all entitites in federal system, the III PNDH established 25 guidelines, 82 strategic objectives, and 521 program actions. The Plan defined the implementing agencies the Federal Executive Branch and made recommendations to the federative units and to the other branches of government.

205.The III PNDH establishes public policy guidelines, according to six cross-sectional axes (i) the democratic interaction between Government and civil society; (ii) development and human rights; (iii) the universalization of rights in a context of inequalities; (iv) public security, access to justice, and fight against violence; (v) human rights education and culture; and (vi) right to memory and truth.

206.In 2010, the Interministerial Committee to Follow-up on and Monitoring of the Program was created to coordinate and monitor the implementation of the III PNDH. The goals established in the Program have been incorporated to the Federal Government’s planning and budget instruments pursuant to its Multi-Year budgeting Plan.

207.The Brazilian Government also relies on the Reference Centers for Human Rights (CRDH) to mainstream and integrate at the local level human rights policies across the country. The Reference Centers aim at mobilizing governmental, non-governmental, and private institutions to support local institutions, incorporating inputs and proposals for public policies and actions directed to the implementation of the III PNDH.

208.In order to ensure the continuous monitoring of and follow-up on governmental actions for the implementation of human rights policies, Brazil launched, in 2014, the National System of Human Rights Indicators (SNIDH). It seeks to coordinate actions taken by public agencies, international agencies, and civil society and enables assessing the progressive implementation of human rights through an integrated matrix of social indicators. The Brazilian Government also relies on a structured set of indicators developed by different federal agencies, such as the DATASUS, the Ministry of Health, the Sole Registration for Social Programs, the Ministry of Citizenship, the School Census, the Ministry of Education, National Prison Information Survey (INFOPEN), the Ministry of Justice and Public Security (MJSP), and the national and regional surveys of the Brazilian Institute of Geography and Statistics and the Institute of Applied Economic Research (IPEA).

209.The preparatory studies for the elaboration of a new PNDH will be delivered soon to society.

ii.National institutions on human rights and the participation of the civil society

210.The Brazilian Government recognizes the importance of coordination with the civil society organizations to ensure the effectiveness and efficacy of human rights policies. This has been one of the main recommendations of the United Nations to its members, pursuant to the provisions in the Paris Principles. In this regard, Brazil has a number of thematic councils on human rights issuesrelated to the defense of rights of several natures is an essential action that has been implemented by the Brazilian Government to reinforce actions to promote and protect human rights.

211.In this regard, the Ministry of Human Rights has different thematic collegiate bodies, including: (i) the National Human Rights Council; (ii) the National Committee for Human Rights Education (CNEDH); (iii) the National Council to Fight Discrimination (CNCD); (iv) the National Commission for Eradication of Slavery (CONATRAE); (v) the Special Committee on Political Deaths and Disappearances (CEMDP); (vi) the National Committee for Respect to Religious Diversity (CNRDR); (vii) the National Committee for Prevention and Fight against Torture (CNPCT); (viii) the National Council for Promotion of Racial Equality (CNPIR); (ix) the National Council for the Rights of Children and Adolescents (CONANDA); (xi) the National Council for the Rights of the Elderly (CNDI); and (xii) the National Council for the Rights of the Person with Disability (CONADE).

212.Under the Federal Executive Branch, it is also important to highlight (i) the National Council for the Rights of Women (CNDM), the Women Policies Office (SPM); (ii) the National Council for Criminal and Correctional Policies (CNPCP), the National Council for Public Security (CONASP), the National Committee for Refugees (CONARE), the Nacional Council for Indigenous-related Policies (CNPI); and (iii) the National Immigration Council (CNIg) in the Ministry of Economy.

213.In addition to the collegiate bodies, Brazil holds thematic National Conferences on human rights, considered essential instruments for ensuring the collective construction of the legal and political institutional framework for protection and promotion of human rights with civil society. In 2016, the Government organized the 12th National Conference on Human Rights, aiming at reviewing human rights policies in the country and reaffirming the commitments of the III PNDH. It assembled more than two thousand persons from the whole country to elaborate guidelines for public human rights policies, under the theme Human Rights for All: Democracy, Justice, and Equality. In May 2018, the 4th National Conference for Promotion of Racial Equality (CONAPIR) was held under the theme “Brazil in the decade of Afro-Brazilians: acknowledgement, justice, development, and equality of rights”. It provided an important venue for civil society learders and representatives of municipal, state, federal governments to exchange views about public policies to fight racism in Brazil. The previous editions of Conference were held in 2005, 2009, and 2013.

iii.Human rights education

214.Considering education as an essential instrument for promotion of rights, the Brazilian Government has different instruments to promote and disseminate knowledge on human rights on thematic issues at the regional and national levels.

215.In 2006, after a wide-ranging discussion with experts, representatives of the civil society, public and private institutions, and international organizations, the National Plan for Human Rights Education (PNEDH) was adopted to, among other objectives, encourage initiatives on human rights education by the Government and the civil society through joint actions, based on cross-sectional approaches on human rights education in the public policies. It further seeks to encourage the creation and strengthening of national, state, and municipal institutions and organizations on human rights education. The objectives and guidelines of the Plan are organized around five major axes of operation: (i) primary education; (ii) higher education; (iii) informal education; (iv) education of professionals of the justice system and public security agents; and (v) education and media.

216.After its adoption, the Plan contributed to the creation of 14 State Committees for Human Rights Education. It also fostered a number of initiatives in the field, including those directed to primary and higher education and related to informal education. The MMFDH, through the National Office of Citizenship, coordinates the implementation of the Plan and supports the operation and creation of Committees for Human Rights Education in the states and municipalities.

217.In 2016, the Ministry of Human Rights together with the Ministry of Education launched the National University Covenant for Promotion of Respect for Diversity and Culture of Peace and Human Rights, which aims at promoting human rights education in institutions of higher learning within the scope of education, research, continuing education, management, and university community programs. In August 2017, the Covenant already had more than 300 institutions registered, including educational institutions and supporting entities.

iv.Brazilian cooperation for international development

218.Over the last decade, Brazil intensified its actions aiming at promoting cooperation for international development. The Government presented relevant initiatives on international technical cooperation, especially with respect to human rights. In essence, Brazil transfers and shares knowledge and national technologies with potential to be adapted and absorbed and to generate positive impacts in the independent development of other countries.

219.The Brazilian Cooperation Agency (ABC) is responsible for coordinating Brazilian programs and projects on technical cooperation. In its 30 years of existence, it has been carrying out cooperation initiatives through about 4,000 activities amounting to more than US$6 billion in national financing together with US$1.5 billion in foreign cofinancing. Between 2000 and 2014, the agency’s financial operations, representing the sum of its budget, the transfers to international organizations, and the transfer of funds for technical cooperation actions, had a positive evolution, especially from 2009 to 2013.

Table 78

Evolution of ABC ’ s financial operations. Brazil, 2000 to 2014

Brazil

2000

2001

2002

2003

2004

2005

2006

2007

2 022 256

3 242 264

3 342 588

1 974 424

722 017

905 668

5 308 508

3 660 637

Brazil

2008

2009

2010

2011

2012

2013

2014

7 001 556

19 383 814

37 819 613

27 003 724

19 812 763

13 942 230

7 099 064

Source: ABC.

D.Reporting process nationwide

220.The MMFDH is currently responsible, through the Office for Coordination of International Reports of the Division for International Matters, for the preparation of reports and communications in compliance with the commitments arising from the ratification of international treaties by the Brazilian Government. This work is carried out together with the thematic Offices of the Ministries with specific mandates on the matters referred to in the instruments.

221.The reports and statements are prepared based on information from different public agencies of the Brazilian Government that coordinate actions and policies related to the topics addressed in each instrument. Accordingly, information on the topic is made available, processed and presented in reports, and subsequently forwarded to the Ministry of Foreign Affairs (MRE), responsible for coordination between the agencies of the Federal Government. The reports are prepared taking into account the guidelines defined by the international treaty bodies.

222.Civil society participates in the process of document drafting through public consultations and hearings, as well as through discussions with in the different collegiate bodies, which enable the presentation of suggestions, corrections, and new information.

223.Finally, it is necessary to inform that the Brazilian Government monitors and follows up on the international recommendations and commitments, contributing to the reinforce human rights policies. In this regard, in 2014, the Government completed the first stage of the Observatory of International Recommendations on Human Rights (ObservaDH) – an online platform that contains the recommendations directed to Brazil within the scope of the United Nations and the Inter-American Human Rights System. The platform is currently under review.

224.Changes in the administrative structure of the agencies related to human rights in Brazil, over the last few years, have affected the continuity of report drafting. In order to overcome such obstacles, the current administration established dedicated structures, provided training and set up long term workflows and routines to meet the reporting deadlines determined by the international human rights instruments and present overdue reports.

III.Information on the lack of discrimination, equality, and effective resources

The Brazilian legal framework against discrimination

225.The Brazilian legal and normative framework has experienced constant enhancement, providing extensive protection to the victims of all types of discrimination. The Brazilian Federal Constitution of 1988 is the major legal framework for the enforcement of human rights in Brazil and a primary guide of the country’s laws, regulations and public policies. The constitutional text provides for comprehensive civil, political, social, economic, and cultural rights that guide the actions of the Government, its three Branches, and its federative units, establishing the legal standarts of the entire Brazilian legal system.

Discrimination and Racial Equality

226.Over the last two decades, Brazil has built a significant legal and institutional framework for fighting racism, promoting racial equality and protecting victims of racial discrimination.

227.In 1989, the Brazilian Government adopted Law No. 7,716, which criminalized racial discrimination, providing for punishment for crimes resulting from discrimination or prejudice related to race, color, ethnicity, religion, or national origin.

228.At the institutional level, the National Office for Policies for Promotion of Racial Equality (SEPPIR) was created in 2003. It is considered a significant milestone to institutionalize and strengthen actions to combat racial discrimination in the country. This agency, currently an integral part of the Ministry of Women, Family and Human Rights, has a cross sectoral mandate for the promotion of affirmative policies and for the protection of the rights of persons and racial and ethnic groups affected by racial discrimination and other forms of intolerance.

229.In 2010, Law No. 12,288 adopted the Statute of Racial Equality, directed to ensure effective equal opportunities to the Afro-Brazilian population, as well as to strengthening Brazilian national identity. It provided instruments and mandates for the Government to take concrete action in defense of individual, collective, and diffuse ethnic rights, as well as in the fight against discrimination and other forms of ethnic intolerance.

230.The Statute was also responsible for consolidating the National System for Promotion of Racial Equality (SINAPIR), regulated by Decree No. 8,136/2013. Tthe National Ombudsman for Racial Equality, within the structure of SEPPIR structure, is responsible for receiving complaints about racism and racial discrimination and for referring them to the competent governmental entities.

231.Additionally, the Statute promoted the adoption of affirmative actions by the Brazilian Government. Law No. 12,990/2014 reserved 20% of the vacancies for positions offered by the federal public administration to Afro-Brazilians. Law No. 12,711/2012, ensured that 50% of the student placements at all federal institutes and universities for students would be filled by graduates from public schools, with distribution of vacancies to Afro-Brazilians and indigenous persons in a proportion equivalent to the local population.

232.The 2013–2015 National Plan for Sustainable Development of Traditional Communities and Peoples of African Origin congregated actions directed at the promotion of productive inclusion, guarantee of rights, and protection of cultural heritage and African traditions in Brazil. In 2013, the Monitoring System for Policies for Promotion of Racial Equality was launched, with free online access offering information on diagnosis and monitoring of the Plan for Prevention of Violence against Afro-Brazilian Youth (Juventude Viva Program) and the Brasil Quilombola Program.

233.Finally, the socio-economic indicators reveal an improvement in the living conditions of the Afro-Brazilian population, as well as in the access to public services and rights, as a reflection of the initiatives for promotion of racial equality over the last two decades. Based on national social indicators, it is possible to affirm that, in many cases, the economic and social situation of the Afro-Brazilian population improved more than the average for the overall population. Nonetheless, Afro-Brazilians still suffer disadvantages in comparison with white Brazilians, according to all indicators analyzed. For the quilombola communities, there is also a challenge to defend their right to traditional lands.

Gender Equality and Discrimination

234.In 2002, the Women Policies Office (SPM) was created, as an independent body, with the mandate to coordinate and implement public policies directed to promote equality between men and women. In order to perform its functions, it undertook a multidimensional diagnosis of gender inequalities, based on the National Plans for Policies for Women (PNPM). The National Plan addresses, among other topics, equality in the labor market, comprehensive health care, fight against all forms of violence against women, and strengthening and participation of women in decision-making positions, including in politics.

235.Regarding domestic violence, Law No. 11,340/2006, known as Maria da Penha Law, contrituted to put in place mechanisms to punish domestic and family violence against women, establishing measures for prevention, assistance and protection for women in situations of violence. Other important legislation enacted in the last few years, include Law No. 12,845/2013, which provides for mandatory and comprehensive assistance to persons in situations of sexual violence, and Law No. 13,104/2015, which classifies femicide as a heinous crime.

236.In 2013, the Federal Government created the Mulher – Viver sem Violência Program, consisting of six strategic actions to fight violence against women: (i) creation of the Casa da Mulher Brasileira; (ii) creation of the Centers for Assistance to Women in regions of dry borders; (iii) mobile facilities for assistance to women in violence situations in rural and forest areas; (iv) expansion of the assistance centers for women; (v) spelialized assistance to victims of sexual violence; and (vi) continuous awareness campaigns. The actions taken by the Office, together with the implementation of laws and regulations, are essential to overcome the current challenges of violence against women in Brazil.

237.Additional measures directed to women include: (i) enactment of Constitutional Amendment No. 72/2013, which provided domestic workers with the same labor rights as other workers; (ii) expansion of the Gender and Race Pro-Equity Program; and (iii) extension of social-security benefits (age retirement, disability retirement, sick pay, and maternity pay) to low-income housewives.

238.Regarding political decision-making positions, Law No. 12,034/2009 established the requirement that all parties and coalitions reserve at least 30% of the positions for candidates to women. Despite the record number of women elected in Brazil in the last general elections, women still remain sub-represented in political affairs.

Persons with disabilities

239.In 1989, Congress adopted Law No. 7,853 providing general rules for the full exercise of individual and social rights by persons with disabilities, prohibiting discrimination or prejudice on grounds of disability and promoting their effective social integration into all levels of society. In 1991, Law No. 8,213, known as the Quotas Law, was enacted, setting forth a requirement for companies with one hundred employees or more, to fill 2% to 5% of their posting with rehabilitated workers or persons with disabilities. Regarding the right to accessibility, Law No. 10,098, adopted in 2000, sets forth general rules and basic criteria to promote rights for persons with disabilities or reduced mobility.

240.Significant progress was further achieved with the enactment of Law No. 13,146/2015 passed, known as the Statute of the Person with Disabilities or the Brazilian Inclusion Law (LBI). Based on the Convention on the Rights of the Person with Disabilities, it introduced: (i) the creation of Auxílio Inclusão; (ii) the amendment to the Brazilian Civil Code as to recognize the legal capacity of the person with disabilities; and (iii) the expansion of the rules for accessibility in architecture and communication. Another notable result is the implementation of the Nation Plan for the Rights of Persons with Disabilities (Viver sem Limite Plan), launched in 2011.

241.The Accessibility Program of the Electoral Court, approved in 2012, addressed political rights for disabled persons. Law No. 13,409/2016 provided for reserved placement for persons with disabilities in vocational courses in high school or higher education levels at federal teaching institutions.

242.Moreover, in 2010, the Federal Government established the National Office for the Rights of Persons with Disabilities, as part of the MMFDH. It is responsible, among other competences, for coordinating actions aiming at preventing and eliminating all forms of discrimination against persons with disabilities and promoting their full inclusion in the society.

243.Despite the progress achieved, Brazil considers it is essential to implement regular monitoring measures of all laws and regulations related to persons with disabilities. The Disque 100 hotline still registers recurring violations of the human rights of persons with disabilities. In 2015, for example, the National Ombudsman for Human Rights received more than nine thousand complaints related to infringement of the rights of this population.

LGBT Persons

244.In 2011, the Brazilian Supreme Court (STF) recognized same-sex families, granting homosexual couples the right to domestic partnership. Based on Resolution No. 175/2013 of the National Justice Council, notary offices throughout Brazil may not refuse to hold civil same-sex weddings or refuse to convert domestic partnerships into marriages.

245.There is still concern regarding respect for the LGBT community, which has been the object of comprehensive public policies.

Elderly persons

246.In 1994, Law No. 8,842 established the National Policy for the Elderly (PNI) to ensure social rights to elderly persons, create conditions to promote their autonomy, integration, and effective participation in the society. This Law also created the National Council for the Rights of the Elderly, as well as councils at state and municipal levels and in the Federal District.

247.Regarding the right to health for elderly, the Unified Health System (SUS) implements the National Policy for the Health of the Elderly Person (PNSPI), since 1999.

248.The Statute of the Elderly, on its turn, was adopted in 2003 through Law No. 10,741 It provides a relevant legal framework for comprehensive protection of elderly persons, aiming at safeguarding their right to life, health, food, education, culture, leisure, work, citizenship, freedom, and dignity, promoting, at the same time, their autonomy.

249.In 2013, the National Commitment to Active Aging was created by Decree No. 8,114, aiming at coordinating efforts from the federative units to appreciate, promote, and defend the rights of elderly persons.

250.With respect to institutional progress, the National Office for Promotion and Defense of the Rights of the Elderly Person was created in 2016. As part of the MMFDH, it is responsible for coordinating and monitoring actions and measures aiming at promoting, ensuring, and defending the elderly person, based on the National Policy for the Elderly and on the Statute of the Elderly.

Migrants and refugees

251.The Statute of the Refugees together with Law No. 9,474/1997 provides rules applicable to refugees and persons requesting refuge in Brazil. The National Committee for Refugees is responsible for reviewing the requests and granting recognition of refugee status, as well as guiding and coordinating the actions required for protection, assistance, and legal support for refugees.

252.Brazilian legislation expands the classic concept of refugee, determining that a refugee is any and all individuals that: (i) as a result of reasonable fear of persecution due to race, religion, nationality, social group, or political opinions, are out of their country of origin and may not or do not want to seize protection of such country; (ii) due to statelessness status or being out of the country where they usually reside, may not or do not want to return to such country, due to circumstances described in the previous item; and (iii) due to serious and general violation of human rights, are forced to leave their country of origin to seek refuge in another country.

253.Law No. 13,445/2017, also known as Migration Law, provides for the rights and duties of migrants and visitors, regulates their entrance and their stay in Brazil, and establishes the principles and guidelines for public policies related to migrants. As provided by law, the Brazilian migration law is governed, among others, by the principle of universality, indivisibility, and interdependence of human rights, repudiation and prevention of xenophobia, racism, and any other form of discrimination, and non-criminalization of migration.

Indigenous peoples and ethnic minorities

254.Regarding actions to promote and protect rights of indigenous peoples and other ethnic minorities, Brazil has an important legal and institutional framework, which aims at ensuring their rights to self-determination, protection of their cultural heritage and customsThe Brazilian Federal Constitution of 1988 is a determinant factor in safeguarding the rights of indigenous peoples, traditional peoples and communities in Brazil.

255.At the institutional level, the National Indigenous Foundation (FUNAI) was established in 1967, followed by the Palmares Cultural Foundation, in 1988, and the National Office for Racial Equality Promotion Policies, in 2003.

256.FUNAI is the federal agency responsible for formulating and implementing the Brazilian indigenous policies, for providing effective mechanisms of social accountability and participative management, in compliance with the Brazilian Federal Constitution. The Palmares Cultural Foundation is under the structure of the Secretariat of Culture, with the mandate to promote and preserve the Afro-Brazilian culture, formulating and implementing public policies strengthening the participation of the Afro-Brazilian population in the development process of the country.

257.The 1996 Guidelines and Basis for National Education and the 2001 National Education Plan establish the foundation for educational initiatives provided to indigenous peoples, aiming at promoting the right of indigenous peoples to an educational process based on recognition and appreciation of their social, cultural, and linguistic diversity, autonomy, and prominence.

258. Law No. 10,639/2003 and Law No. 11,645/2008 included in the official curriculum of the public and private education systems the theme “Afro-Brazilian and Indigenous History and Culture”. The 2014 National Education Plan establishes guidelines for the inclusion of Afro-Brazilian and Indigenous history and culture within the scope of the school curriculum.

259.The Bolsa Permanência Program (PBP), established in 2013, grants financial aid to students in socio-economic vulnerability situations and to indigenous and quilombola students enrolled in federal higher education institutions in order to reduce social inequalities and promote permanence and completion of studies for these students.

260.In 2007, Decree No. 6,040 established the National Policy for Sustainable Development of Traditional Peoples and Communities (PNPCT), aiming at ensuring recognition, strengthening, and guarantee of land, social, environmental, economic, and cultural rights.

261.The National Policy for Environmental and Indigenous Land Management (PNGATI) was created through Decree No. 7,747/2012, based on a process of consultation and collective construction with indigenous peoples. This policy is focused on the protection and preservation of indigenous lands and territories, ensuring integrity of the indigenous heritage, improvement of the quality of life, and full physical and cultural development of indigenous peoples.

262.Despite the normative progress provided by the Brazilian Federal Constitution and international treaties to which Brazil is a party, indigenous and traditional peoples and communities are still among the most vulnerable segments of Brazilian population, considering social indicators such as child mortality, malnutrition, health, education, among others. The Brazilian Government is taking measures and implementing initiatives to address food and nutrition insecurity, emission of basic documents, including birth certificates, and access to social-security benefits, assistance, and social welfare.

263.Although civil registry is not a pre-condition to the enjoyment of the rights ensured by the Constitution to indigenous peoples, it is an important instrument to access government programs for social inclusion, social-security and labor rights, voter registration and general services, such as opening bank accounts. The National Commitment to Eradicate Under-Registration of Live Births and Expand Access Basic Documents, established by Decree No. 6.289/2007, instructs the MMFDH, through the National Office for Citizenship, to address the situation of populations in vulnerable situations, such as indigenous and traditional peoples and communities.

264.Initiatives for the promotion of the social and citizenship rights for indigenous peoples have been developed through inter-institutional coordination, as well as through social participation and dialogues. In this regard, Decree No. 8,593/2015 established the National Council for Indigenous Policies (CNPI), as a collegiate body of consultative status, responsible for the preparation, monitoring, and implementation of public policies directed to indigenous peoples.

Populations in Street Situation

265.The National Policy for Populations in Street Situation and its Intersectoral Monitoring and Surveillance Committee were created in 2009 through Decree No. 7,053. The Policy is implemented in a decentralized and coordinated manner by the federative units and the Federal Government, aiming at, among others, ensuring comprehensive, simplified, and safe access to services and programs, integrating public policies for health, education, social security, social assistance, housing, security, culture, sports, leisure, work, and income. Furthermore, it proposes permanent educational actions, contributing to consolidate a culture of respect, ethics, and solidarity among the populations in street situation and other social groups. The Committee prepares periodic action plans, detailing strategies for implementation of the Policy, monitoring and surveilling its development.

266.Law No. 11,258/2015 expanded the scope of the Organic Law of Social Assistance (LOAS), to include the possibility of social assistance services and programs directed to persons in street situation. Based on this understanding, the National Policy on Social Assistance (PNAS) included populations in street situation within the scope of the Unified Social Assistance System.

267.In 2013, the Ministry of Health adopted the Operating Plan of Action to Promote Health Care for the Population in Street Situation, which establishes guidelines and strategies to address the disparities and inequalities of access to health of populations in street situation, within the scope of the Unified Health System. The Ministry of Economy, through its Labor Office, is focusing especially on providing jobs and, consequently, housing to this segment of the population.