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RESOLUTION 131 OF MAY 26, 2011

Governs the granting of authorization for international travel by Brazilian children and adolescents and revokes Resolution 74/2009 of the CNJ.

WHEREAS the Ministry of Foreign Affairs and the Federal Police Department have made statements regarding the difficulties they face in complying with the rules set forth in Resolution 74/2009 of the National Council of Justice (CNJ) and recommend changes;

WHEREAS the authorities face difficulties controlling the entry and exit of people into and from Brazilian territory, in particular children and adolescents;

WHEREAS there are various interpretations regarding the need or lack thereof of judicial authorization for children and adolescents departing from Brazilian territory given by the Children and Adolescent Courts of the States of the Federation and of the Federal District;

WHEREAS the various requirements and demands cause insecurity for users;

WHEREAS there is a need to standardize the interpretation of Articles 83 to 85 of the Children and Adolescent Statute;

WHEREAS decisions were taken by the Claims for Remedy 200710000008644 and 200810000022323;

NOW THEREFORE BE IT RESOLVED THAT:

Authorizations for International Travel by Brazilian Children and Adolescents Residing in Brazil

Article 1 Judicial authorization is not required for international travel by Brazilian children or adolescents residing in Brazil, in the following situations:

in the company of both parents;

in the company of one parent, provided the other parent has given authorization, with the signature duly notarized;

unaccompanied or in the company of a capable legal adult that has been designated by the parents, provided both parents have given authorization, with the signatures duly notarized.

Authorizations for International Travel by Brazilian Children and Adolescents Residing Abroad

Article 2 Judicial authorization is not required for Brazilian children or adolescents residing outside of Brazil, regardless of whether or not they hold a second nationality, to return to their country of residence, in the following situations:

in the company of one parent, independent of any written authorization;

unaccompanied or in the company of a capable legal adult that has been designated by the parents, provided both parents have given authorization, with the signatures duly notarized.

Paragraph 1. The proof of residence abroad of the child or adolescent will be made via a Certification of Residence issued by a Brazilian consulate office within the last two years.

Paragraph 2. If no proof of residence abroad is produced, the provisions of Article 1 shall apply.

General Provisions

Article 3. Without prior and express judicial authorization, no Brazilian child or adolescent may depart the country in the company of a foreign citizen residing or domiciled abroad.

Sole Paragraph. The provisions in Articles 1 or 2 shall apply in lieu of the provisions of the head paragraph of this Article:

if the foreign citizen is the parent of the child or adolescent;

if the child or adolescent, born in Brazil, does not hold Brazilian nationality.

Article 4. The authorization of the parents may also be demonstrated through a public instrument.

Article 5. The death of one or both parents must be substantiated by the interested party through the presentation of the death certificate of the parent(s).

Article 6. Authorization is not required by parents whose parental power has been suspended or removed, with the interested party required to substantiate such circumstance through a duly registered birth certificate of the child or adolescent.

Article 7. The legal guardian for an indeterminate period (previously referred to as the definitive legal guardian) or tutor, both legally appointed through a commitment instrument, who are not the parents, may authorize the travel of children or adolescents under their care, for all purposes of this resolution, as if they were the parents.

Article 8. Authorizations issued by the parents or legal guardians must be presented in two original copies, one of which will be retained by the Federal Police.

Paragraph 1. Notary signature may be performed through authentication or similarity.

Paragraph 2. Even without the signatures duly notarized, authorizations by parents or guardians issued in the presence of a Brazilian consulate authorities will be valid, in which case the authorization document must bear signature of the consulate authority.

Article 9. The documents cited in Articles 2, Paragraphs 1, 4, 5, 6 and 7 must be the original or a copy authenticated in Brazil or by a Brazilian consulate office, with a copy (simple or notarized) produced by the interested party and retained by the agents of the Federal Police.

Article 10. Authorization documents produced by the parents, tutors or definitive legal guardians must include an expiration date, which, in the lack thereof, will be deemed to be valid for two years.

Article 11. Unless expressly stated, the authorizations for international travel expressed in this resolution do not constitute authorization for establishing permanent residence abroad.

Sole Paragraph. Any models or forms produced, disclosed and distributed by the Judicial Power or government agencies must include the disclaimer stated in the head paragraph of this article.

Article 12. The documents and their copies retained by the travel authorities by power of this resolution may, at their discretion, be destroyed after two years has transpired.

Article 13. The Ministry of Foreign Affairs and the Federal Police may institute procedures, in accordance with the rules of this resolution, for parents or guardians to authorize the international travel of children and adolescents upon requesting the issue of passports so that it may include such authorization.

Sole Paragraph. For the purposes of this article, the Chairperson of the National Council of Justice may appoint a representative to be part of any Task Force to be implemented by the Ministry of Foreign Affairs and/or the Federal Police.

Article 14. Resolution CNJ 74/2009 is hereby expressly revoked, as well as any provisions to the contrary.

Article 15. This Resolution shall take force on the date of its publication.

Minster Cezar Peluso

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