A/HRC/17/38/Add.1
43.
The Federal Attorney General's Office for Citizens' Rights was established under the
Office of the Attorney-General and may intervene in all public-interest litigation and cases.
It is entrusted with ensuring and aligning practices with Constitutional provisions, and
tasked with protecting citizens’ rights, including cultural rights, and ensuring that elections
are carried out as provided for, through public policies at federal, state and municipal
levels, and advocating citizens’ rights, including in penal and criminal matters. It also
works to ensure that all State institutions comply with ILO convention No. 169. The
Federal Attorney General’s Office may also, in some cases, intervene on relevant matters,
along with the Federal Public Prosecution, particularly through the conduct adjustment
terms (usually referred as protocols), which are signed and executed by the parties
(individuals and public or private institutions) that have violated cultural rights. The
Brazilian Federal Public Prosecution and Public Secretariats at the State level and, along
with the Regional Citizenship Rights Office and officers, receive and act on complaints, for
example, by acting as plaintiff in complaints filed or, in the absence of enabling legislation,
by using the writ of mandamus to ensure compliance with constitutional provisions. Other
actions include holding public hearings, asking authorities for clarifications on complaints
received, as well as issuing notices and submitting recommendations to concerned
authorities. The Citizenship Rights Office has a special chamber on cultural heritage
(PPFDC) to preserve the culture of different peoples, and it runs a radio programme in
partnership with the Chamber of Representatives to ensure compliance with Constitutional
provisions and regulations (Federal Constitution, article 221).
44.
The Office for Citizens' Rights has taken up several issues related to cultural rights,
such as filing a public lawsuit to revise the basis of taxation of musicians, ensuring the
withdrawal of objectionable printed materials, running radio programmes regarding specific
cultural communities, and submitting a recommendation to the Ministry of Culture to
guarantee access for people with hearing disabilities. It is currently reviewing compliance
with Law 10.639. The activities and outcome of actions, including legal cases, are reported
on its website. Unfortunately, the work of the Office for Citizens’ Rights is not well known,
which suggests the need to promote awareness in accessible formats and languages.
45.
The Secretariat of Policies for the Promotion of Racial Equality (SEPPIR),
established in 2003, promotes equality and protection of the rights of persons belonging to
ethnic or racial groups who are subjected to discrimination and other forms of intolerance,
with a special focus on persons of African descent. SEPPIR coordinates the promotion of
racial equality as a cross-cutting inter-ministerial and inter-agency issue; coordinates,
promotes, and follows up on the implementation of public and private partnership programs
at both national and international levels; monitors the implementation of international
obligations of Brazil in this area; and assists the Ministry of Foreign Affairs regarding
policies to approach African States. A number of stakeholders indicated that enhanced
human, financial and material resources would enable SEPPIR to carry out its important
mandate more effectively.
46.
The Palmares Foundation11 is a public institution created in 1988 by the Ministry of
Culture. It is mandated to formulate, promote and implement programmes and projects
which recognize, preserve and promote the contribution of African cultures to Brazilian
society. Its areas of intervention include supporting projects related to Afro-Brazilian
cultural identity and heritage; raising awareness to combat religious intolerance through
seminars at the State level and by providing financial and technical support to implement
stakeholders’ actions to combat religious intolerance. It is also developing the necessary
11
Law 7.668 of 1988.
11