FEDERATIVE REPUBLIC OF BRAZIL

INITIAL REPORT ON COMPLIANCE WITH

THE OPTIONAL PROTOCOL TO THE CONVENTION

ON THE RIGHTS OF CHILDREN IN RELATION TO THE INVOLVEMENT OF

CHILDREN IN ARMED CONFLICTS

Brasilia, December 2012

Introduction 3

Information on compliance with Articles 1-17 of the Protocol

Article 1 6

Article 2 6

Article 3 8

Paragraph 1

Paragraphs 2 and 4

Paragraph 3

Paragraph 5

Article 4 14

Article 5 14

Article 6 17

Paragraph 1 and 2

Paragraph 3

Article 7 19

Annexes

1 - Relevant provisions of the Federal Constitution 20

2 - Relevant provisions of the Military Service Law 21

3 - Relevant provisions of the Military Service Regulations 29

4 - Relevant provisions of the General Instructions for the Health Evaluation of Armed

Forces Conscripts 53

5 – Relevant provisions of the Military Penal Code 62

6 – Relevant provisions of the Law 9394 of December 20, 1996 (Law on the Base and

Guidelines for National Education) and to Law 9786 of February 8,

1999 on Education in the Army 66

7 – Relevant provisions of the Military Schools Regulations (R-69) 69

8 – Relevant provisions of the Military Schools Internal Regulations (RI/CM) 101

9 – Norms that Regulate the Disciplinary Regime of Military Schools (NRRD/DEPA) 127

10 –Disaggregated Data on Students in Brazil’s Military Academies 140

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Introduction

1. Consistently with its human rights policy and its adherence to the Convention on the Rights of the Child (hereafter referred to as “the Convention”) in September 1990, on January 27, 2004 Brazil ratified the two Optional Protocols to the Convention on the Rights of the Child (the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict –OPCRC/AC, “the Protocol,” and the Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography – OPCRC/SC). The ratification of the two Protocols was made possible by the National Congress’s authorization issued through Legislative Decree No. 230 of May 29, 2003 in conformity with Article 49, of the Brazilian Federal Constitution.

2. This report provides information on the Federative Republic of Brazil’s compliance with the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, in respect of Article 8, paragraph 1 of the Protocol published internally in the form of presidential Decree No. 5006 of March 8, 2004.

3. Before proceeding with the presentation of detailed information on the Protocol’s implementation in Brazil, some general aspects of Brazilian policies and norms regarding the protection of children and the Armed Forces should be pointed out for a better understanding of the circumstances surrounding Brazil’s participation in the OPCRC/AC.

4. Article 4 of the Federal Constitution establishes, as one of the principles that govern Brazil’s foreign policy, the prevalence of human rights and cooperation among peoples for mankind’s progress (Art. 4, II and IX), as well as the defense of peace and the peaceful solution of conflicts (Art. 4, VI and VII).

5. In this connection, Brazil has implemented an active policy for the international promotion and protection of human rights, based on an open, transparent, and cooperative dialogue to address human rights issues in our country; on the pursuit of a consensus conducive to advancing international respect for human rights; on the emphasis on prevention measures, such as technical assistance and training in this area; and on the advocacy of universal, nonselective international monitoring of these rights. As regards the rights of the child in particular, even before adhering to the Convention, Brazil already had internal legislation aimed at implementing the Convention’s principles: the Statute of the Child and the Adolescent (ECA, Law 8069 of July 13, 1990 and subsequent amendments).

6. The Brazilian Government carries on a significant dialogue with the Committee on the Rights of the Child so as to enhance the implementation of the provisions of the Conventions at home, particularly through its initial report submitted in 2003 and considered by the Committee in 2004.

7. In conformity with the principles of defense of peace and peaceful solution of conflicts, Brazil has been a pillar of stability in the region in respect of armed conflicts. For more than 130 years, Brazil has not been involved in any armed conflict with neighbor countries, namely, since the end of the Paraguayan War in 1870. Today, the countries

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involved in that conflict are partners in the Mercosur integration process. World War II was the last armed conflict, in which Brazil entered after the aggression against Brazilian merchant ships by Axis submarines. The state of war was declared through Decree No. 10358 of August 31, 1942 and ended by Decree No. 19955 of November 16, 1945.

8. Not currently involved in any international or internal armed conflict, Brazil has endeavored to contribute to international peace and security by participating in peace maintenance operations under mandates defined by the pertinent international organizations.

9. Military service in Brazil has been traditionally compulsory. Since the 1891 Constitution, this obligatory requirement has been constitutionally regulated. Law 1860 of January 4, 1908 made military service in the Army compulsory. In 1916, under the cloud of World War I, an intense civic campaign waged in favor of compulsory military service, led by intellectuals such as the poet Olavo Bilac, encouraged the extensive implementation of the military service through the drawing of lots. This system was in force until 1945, when general drafting was instituted, based on age. This system is still in place. Art. 143 of the 1988 Federal Constitution states that military service is compulsory under the law. Military service legislation requires that all Brazilian males must register in the year when they reach the age of 18 and join the Armed Forces in the year when they reach the age of 19, consistently with the provisions of the Convention and the Protocol, as will be shown in greater detail further on.

10. In addition to maintaining the compulsory character of military service in accordance with the law, the 1988 Federal Constitution introduced an important innovation—Art. 143, so that paragraph 1 should read as follows: It is incumbent upon the Armed Forces, in accordance with the law, to assign an alternative service to those who, in time of peace, after being enlisted, allege reasons of conscience, which shall be interpreted as reasons based on religious, philosophical or political belief, for being exempted from essentially military activities. In this manner, the Fatherland’s and the constituted powers’ defense needs are brought into harmony with the protection of the fundamental liberties of conscientious objectors. The rendering of services as an alternative to compulsory military service was regulated by Law 8239 of October 4, 1991. Article 3, paragraph 2 of this law defines Alternative Military Service as the rendering of activities of an administrative, assistance, philanthropic or even of a productive nature in substitution for activities of an essentially military character. The Alternative Service Regulation, approved by Administrative Rule No. 2681 of July 28, 1992, issued by the Armed Forces’ Chief of Staff, provides in its Art. 6 for the rendering of voluntary alternative service by Brazilians, starting in the year they reach the age of 17.

11. Art. 143, paragraph 2 of the Constitution, also exempts women and clergymen from compulsory military service. But there are various possibilities for women to pursue a military career, after passing a higher-education level public competitive examination, or to serve as temporary members of the military, as technical or higher-education level trainees. In all cases, enlistment is voluntary and women under 18 are not admitted; thus, the application of Optional Protocol provisions in Brazil refers basically to male individuals.

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12. Despite the possibility conscientious objectors have of rendering alternative service, what happens most often in Brazil is that thousands of young men aged 18 years old, who are in condition to do entry-level military service, are not taken up into the Armed Forces due to the excess of contingents. These contingents include those individuals considered unfit for military service but, above all, those that exceed the Armed Forces’ needs. The traditional excess of contingents for entry-level military service in Brazil is associated with the proportion of the Brazilian Armed Forces in relation to the overall population. The feasibility of all young men aged 18 that are not conscientious objectors to be taken up into the Armed Forces would be problematic in view of the costs involved in food, lodging, uniforms, payment, equipment, and so on. In 2010, for example, out of a total population estimated at 190, 755, 799, of which 1,701,889 are males aged between 17 to 181, only 78,354 young men2 were screened for compulsory military service. In view of the excess of contingents, the Brazilian Armed Forces do not take up individuals under the age of 18 years old.

13. In view of the preceding, it is clear that the Optional Protocol applies to Brazil as a developing country with a tradition of peace, which endeavors to guarantee full respect for human rights, is not involved in any internal or international armed conflicts, and whose needs are fully met by the enlisting of young men the year they attain the age of 19 years, and thus has no need to induct minor volunteers.

14. In this report, the term “child” is used in the sense of Art. 1 of the Convention, but it should be added that, without prejudice to international protection norms, Brazilian legislation (Statute of the Child and the Adolescent) makes a distinction between children (those under 12 years of age) and adolescents (those aged 12 to 18 years). As regards armed conflicts, the concepts generally recognized by International Humanitarian Law have been used, encompassing the following:(a) international armed conflicts, which involve at least two States, whether war has been declared or not, including struggles against colonial domination and foreign occupation and racist regimes, in the exercise of the peoples’ self-determination right, in accordance with Art. 2 common to the Four Geneva Conventions of 1949, and with Art. 1 of the 1977 Optional Protocol I.(b) internal armed conflicts, which refer to “Any situation where, within a State’s territory, clear and unmistakable hostilities break out between the armed forces and organized armed groups 3 or in which “dissident forces are organized under the leadership of a responsible command and exercise such control over a part of the territory as to enable them to conduct sustained and concerted military operations,”4 such as civil wars.

15. Special consideration has been given to the guidelines issued by the Committee on the Rights of the Child in preparing this report in accordance with Art. 8 of the OPCRC/AC. Its preparation was coordinated by the Human Rights Division of the

1 Source: Instituto Brasileiro de Geografia e Estatística (IBGE), Censo Demográfico 2010. Available at: http://www.ibge.gov.br/home/estatistica/populacao/censo2010/caracteristicas_da_populacao/resultados_do_universo.pdf.2 Source: Ministry of Defense.3 Cf. ICRC, Basic rules of the Geneva Conventions and their Additional Protocols, Geneva, 1988.4 Cf. ICRC, Basic rules of the Geneva Conventions and their Additional Protocols, Geneva, 1988.

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Ministry of External Relations under consultation with the National Secretariat for the Promotion of the Rights of the Child and the Adolescent of the Secretariat for Human Rights under the Presidency of the Republic, the Ministry of Defense, the Ministry of Justice, and the Ministry of Education.

Information on compliance with Articles 1-17 of the Protocol

Article 1

16. Brazil has not been involved in armed conflicts since 1945. The Brazilian Constitution and legislation make military service compulsory for all Brazilian males, exception being made for conscientious objectors. This obligation begins in the year Brazilian males reach the age of 18 years but those drafted are actually inducted into the Armed Forces only in the year when they attain the age of 19 years, in accordance with the provisions of Art. 3 of the Military Service Law (LSM - Law 4375 of August 17, 1964 and amendments – Annex 2) and with the prior procedures of registration, general selection, distribution, designation, and final selection. Although the legislation allows the rendering of voluntary military service by those aged 17, at the discretion of the interested Armed Force, in recent years no volunteers under 18 have been inducted, in view of the excess of contingents.

17. Brazilian legislation does not have its own concept of taking “direct part in hostilities” such as the one expressed in Art. 1 of the Optional Protocol and in the pertinent provisions of international humanitarian law. It should be recalled that Brazil has not been involved in armed conflicts since World War II, which antecedes all the above-mentioned international instruments. Brazil has followed the discussions about possible initiatives for ensuring greater comprehension of the concept of direct participation in hostilities on the international plane.

Article 2

18. Article 143 of the Federal Constitution determines that military service is compulsory, according to the law, with the prevision of exemption for women and clergymen and the possibility of exemption for conscientious objectors. The main legal instrument is the Military Service Law (Annex 2), establishes the norms, proceedings, rights and duties of all Brazilian citizens, in relation to the obligatoriness of military service, which are more clarified in its Regulation (Military Service Law’s Regulation – RLSM, , approved by Decree No. 57654 of June 20, 1966, and amendments)

19. The obligation of Military Service begins, in time of peace, on the 1st of January of the year in which Brazilians reach the age of 18 years and extends through December 31 of the year when they reach the age of 45 years (LSM, art. 5). This obligation encompasses the recruiting process that antecedes the actual induction of conscripts into the Armed Forces and the actual service, which will take place in the year conscripts reach the age of 19 years, in accordance with the provisions of the LSM, Art. 3.

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20. Article 5, paragraph 1 of the Military Service Law establishes that in war time the military service obligation may be extended according to national interests. As Brazil has never been at war since the Military Service Law was passed, this provision has never been applied. Although there are no established minimum age limits for this exceptional circumstance, the provision would naturally be applied in accordance with the international obligations undertaken by Brazil, particularly under the Convention, the Optional Protocol, and its binding declaration.

21. The proof of age obligatorily required from an individual before he is accepted for compulsory military service is the birth certificate, pursuant to Art. 43 of the Military Service Law’s Regulation (RLSM). A Brazilian whose birth has not been recorded, who has no valid identification document, or who ignores whether or where he was registered at birth will be enlisted according to the statements of two identified witnesses about his name, date and place of birth, his parents’ names, marital status, residence, and profession. These statements are recorded in a special book and have a provisional character, exclusively for military service purposes (RLSM, Art. 43, paragraph 2). After enlisting, whether he will be inducted into the Armed Forces or not, the conscript must regularize his situation by recording his birth and obtaining proof thereof or a valid legal justification.

22. Broadly speaking, compulsory recruiting in Brazil encompasses the following five steps:

(a) Call up. Call up refers to the summoning of Brazilians of a given class [year of birth], or of previous classes who are still in noncompliance with the military service, to report for the compulsory entry-level military service. This calling up is done each year through a General Conscription Plan approved by Presidential Decree. The term “class” refers to all Brazilians born between January 1 and December 31 of a given year. Pursuant to art. 17 of the LSM, a conscript class consists of all Brazilians who will attain the age of 19 years between January 1 and December 31 of the year in which they will be inducted into an Active Military Organization or inducted into Reserve Training Organizations. Taking into account the enlisting, selection, and assignment procedures, the General Conscription Plans are approved the year preceding compulsory enlisting. Thus, to enlist in 2011 and to serve in 2012, the class of those born in 1993 was called up through the General Conscription Plan approved and published in 2010.

(b) Enlisting. Enlisting refers to the reporting of Brazilians for recruitment for entry-level military service. Each year, when they attain the age of 18 years, Brazilians must report for enlisting to a Military Service Board (JSM), which has offices in most Brazilian municipalities. This must be done by April 30. To enlist, the young men must submit a birth certificate—as explained in the preceding paragraph—and a 3cm x 4 cm photograph. The Military Enlistment Certificate is the document that proves that a Brazilian has enlisted.

(c) Selection. Selection refers to the phase in which the men enlisted for entry-level military service are subjected to a physical, cultural, psychological, and moral evaluation (LSM, art. 13). The selection is carried out by stationary and mobile selection commissions

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distributed throughout the national territory, in July, August, and September. After selection, those considered apt receive instructions about the date and place for presenting themselves to learn about their assignment. The medical examinations for evaluating the conscripts’ health are described in detail in Annex 4 (General Instructions for the Health Evaluation of Conscripts in the Armed Forces, approved by Decree No. 60822 of June 7, 1967, and amendments).

(d) Assignment. At this stage, conscripts are told in which military organization they will serve. To the extent possible, an effort is made to assign the conscript to a military organization near his home.

(e) Induction or Registration. This is the stage when those considered apt in the selection process and have been assigned to a military organization are inducted into the Armed Forces. Induction is the incorporation of the conscript or volunteer into an Active Armed Forces Organization (LSM, art. 20). Registration refers to the conscript’s or volunteer’s enrollment in an Active Military Training School, Center, or Course or in a Reserve Training Organization (LSM, art. 22). Conscripts who have completed the upper stage of secondary education may enroll in a Reserve Officers Training Center (ROTC), or in a Reserve Officers Training Nucleus (ROTN), where they discharge their entry-level military service obligation as students and, if they so wish, may thereafter serve in the Army as temporary officers. Students who, at the time of enlisting, are enrolled in a School of Medicine, Pharmacy, Odontology, or Veterinary will have their induction deferred until they finish school. The year after finishing school, these health professionals must report to the Special Selection of Doctors, Pharmacists, Dentists, and Veterinarians. Those selected will do military service for one year and may continue as Health Service officers for an undetermined period.

23. Art. 3 of the Military Service Law establishes that the entry-level military service shall be rendered in the year when citizens reach the age of 19 years. Only after induction or registration, the recruits, now aged over 18 years, will be considered as members of the Armed Forces.

Article 3

Paragraph 1

24. In addition to compulsory military service by Brazilians aged 18 years, art. 27 of the Military Service Law provides that the Armed Forces may at any time of the year authorize the acceptance of volunteers, reservists or not. Art. 127 of the RLSM explains that the purpose of such authorization is to meet the Armed Forces’ normal, occasional, or specific needs. Volunteers are accepted through an act by the interested Armed Force, stating the conditions of the service to be rendered, the attendant obligations, and the volunteer rights to be ensured (RLSM, art. 173, paragraph 2).

25. Notwithstanding the legal possibility, for years Brazil has not authorized the acceptance of volunteers for entry-level military service, given the excess of contingents.

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Accordingly, there are no data or statistics on such volunteers since the Optional Protocol for Brazil entered into force.

26. As regards an Armed Forces’ authorization to accept volunteers, art. 5, paragraph 2 of the LSM allows volunteers to render military service beginning at the age of 17 years. A volunteer reporting for enlistment for entry-level military service may do so as of the day he reaches the age of 16 years, pursuant to art. 41, paragraph 1 of the RLSM.

Paragraphs 2 and 4

27. The adoption of the binding declaration took into consideration the internal legislation in force about the recruiting of volunteers under the age of 18 years for the rendering of entry-level military service, as well as the fact that, given the excess of contingents of drafted recruits, Brazil has not accepted volunteers under these conditions.

Paragraph 3

28. The procedure for recruiting volunteers, from the moment they express their intention to join the Armed Forces as volunteers to the time of their actual induction, follows in general the same stages as the recruitment of conscripts, save for the specificities of this modality of entry-level military service and the specific terms and conditions each Armed Force establishes when authorizing the acceptance of volunteers. As the Brazilian Armed Forces have not accepted volunteers for entry-level military service, information on this item is limited to the existing legal provisions and regulations.

29. Pursuant to the RLSM, art. 49, paragraph 4, after they attain the age of 16 years, Brazilians residing in any municipality may present themselves for selection, provided they meet the conditions set by the Armed Forces for their acceptance as volunteers. Rules and procedures pertaining to proof of age and the medical examinations set for their selection are the same as those applicable to conscripts, as mentioned in paragraphs 21 and 22(c) of this report. Under no circumstances, registration before the year in which the volunteer attains the age of 17 years shall be valid for rendering military service, given the minimum age established by the RLSM, art. 85, sole paragraph.

30. For the purposes of military service, a minor’s civil incapacity will cease on the day he attains the age of 17 years, pursuant to art. 73 of the Military Service Law and to art. 239 of this law’s Regulation. The sole paragraph of art. 239 of the RLSM provides that volunteers that have not yet attained the age of 17 years at the time of induction or registration must provide valid proof of his guardian’s consent.

31. As no volunteers under the age of 18 years have been accepted by the Armed Forces, there is no specific documentation for informing about volunteers and their parents or legal guardians in connection with the military service obligation, other than the existing laws and regulations on the matter. For the same reasons, there are no incentives for attracting volunteers.

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32. The minimum duration of actual service by volunteers depends on the act of the interested Force authorizing their acceptance. As no volunteers have been accepted into the Armed Forces, it may be mentioned, for illustration purposes, that the normal duration of entry-level military service by those inducted is 12 months, in accordance with art. 6 of the LSM.

33. Volunteers will end their time of service at the completion of the term for which they have committed themselves, in accordance with the act authorizing their acceptance, consistently with arts. 147 and 127, paragraph 2 of the RLSM. The general rules set out in art. 31 of the Military Service Law for the early interruption of service envisage the following possibilities:

(a) Annulment of the induction, if irregularities are detected in the recruitment procedures, including selection. Art. 139, paragraph 4 of the RLSM provides that, in the case of age-related irregularities, the inducted volunteers that do not attain the age of 17 years in the same year as that of their induction should be given back their Military Enlistment Certificate, with the notation that they should return for selection with their class. If they attain the age of 17 years in the same year as their induction, volunteers may, at the discretion of the Military Organization’s Commander, continue to serve and no annulment takes place;

(b) Release, in case of illness or accident, or if the volunteer assumes the condition of breadwinner after induction or is convicted of felonious crime, pursuant to art. 31, paragraph 2 of the LSM.

(c) Dishonorable discharge, in case of conviction for ordinary or felonious crime, the commission of acts that under the military law or regulations make the person unworthy of belonging to the Armed Forces, or contumacious behavior, pursuant to art. 31, paragraph 3 of the LSM; and

(d) Desertion after conviction for desertion crimes defined in the Military Penal Code (see Annex 5 for definition of types of penalty and minimum and maximum sanctions contemplated and the attendant circumstances for exemption, mitigation, or aggravation of the penalty).

According to the RLSM, art. 138, sole paragraph, these provisions apply, pursuant to specific legislation, to all inducted men, including volunteers, who are rendering military service in other forms and at other stages.

34. As regards the application of military discipline to recruits under 18 years of age, volunteers are subject to the same obligations and rules imposed on the class to be called, from the time of selection to the time of release, in keeping with the conditions set out in the instructions for their acceptance, issued by the Military Commanders (RLSM, art. 49, paragraph 5). The extent of the application of military disciplinary rules to volunteers under the age of 18 years will thus depend on the act of the interested Force authorizing

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their acceptance. For illustration purposes, it is worth noting that the Disciplinary Regulations of each Armed Force, approved by presidential decree, provide that, after investigation through the appropriate disciplinary procedures, the application of disciplinary sanctions include from warning or reprehension for lighter infractions to expulsion from the Force for the sake of discipline in case of infractions of utmost gravity, and may include in-between imprisonment or disciplinary detention for a maximum of 30 days.

35. The Military Penal Code (MPC) prescribes the application, under certain circumstances, of its provisions to persons under 18 years of age, placing them under the Military Judiciary. According to the general rule set out in art. 50 of the MPC, a person under 18 years of age is not indictable. Exceptionally, if the person has already attained the age of 16 years and demonstrates enough psychic development to understand the illicit nature of the fact and, if based on this understanding, he is deemed indictable, the penalty imposed, in this case, is reduced by one third to one half. MPC’s art. 51, in turn, treats such an individual as being over 18 years of age, even if that age has not yet been actually reached, for the purposes of applying the military penal rules, placing him on the same level as: (a) the military; (b) those called up , those who report for induction, and those that have been given temporary leave and fail to report themselves at the expiration of their leave; and (c) the students of military schools or other educational institutions under military control and discipline, who have already attained the age of 17 years.

36. As no volunteers under the age of 18 years have been accepted into the Brazilian Armed Forces, there are no data on such persons being subject to prosecution or to deprivation of their freedom as a result of a military, disciplinary, or penal proceeding.

Paragraph 5

37. With respect to educational institutions under the control of the Armed Forces in Brazil, it is important to distinguish, in connection with the Optional Protocol, between Military Schools (CMs) and Military Preparatory Schools (EsPCEx, CN, and EPCAr).

38. The Military Schools are educational institutions of the Army, which offer education from the 5th to the 8th grade of elementary school and from the 1st to the 3rd grade of secondary school. Military School students are not members of the military do not receive military training, may leave school at any time they wish, and are not under the obligation to follow a military career. In case of mobilization, they are not subject to it. The only Military School students who receive military training are those that present themselves as volunteers for the Reservist Training Courses. These courses last six months and are taught without prejudice to the hour load of regular teaching. Admission to the Reservist Training Courses is restricted to Military School Students that belong to the class that has been called for the entry-level military service (aged 18) or that, although belonging to another class, meet the legal requirements for being accepted as volunteers, as explained in paragraphs 28 to 30 above.

39. Currently, there are twelve Military Schools in Brazil:

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(a) Colégio Militar de Brasília-CMB;(b) Colégio Militar de Belo Horizonte-CMBBH(c) Colégio Militar de Curitiba-CMC(d) Colégio Militar de Campo Grande-CMDG(e) Colégio Militar de Fortaleza-CMF(f) Colégio Militar de Juiz d Fora-CMJF(g) Colégio Militar de Manaus-CMM(h) Colégio Militar de Porto Alegre-CMPA(i) Colégio Militar de Recife-CMR(j) Colégio Militar de Rio de Janeiro-CMRJ(l) Colégio Militar de Salvador-CMS(m) Colégio Militar de Santa Maria-CMSM

40. The course of studies at the Military Schools usually lasts seven years (from the 5 th

grade of elementary school to the 3rd grade of secondary school). The minimum enrollment age varies according to basic education, from age 10 for enrollment in the 5 th grade of elementary school to age 16 for enrollment in the 3rd grade of secondary school. Eligible candidates are either the children of military or those that pass competitive entrance examinations.

41. Education in Military Schools follows the norms and principles laid out in the Guidelines and Bases of National Education, the Law on Education in the Army, the Military Schools Regulation, and the Military Schools Internal Regulations (cf. Annexes 6 to 8), among others. The teaching of the principles of human rights and humanitarian law, particularly with respect to children, forms part of the disciplines of Ethics and Introduction to Philosophy and to Sociology, which allow for a contextualized approach to the matter. An effort is also made to mainstream the teaching of said principles through other subjects in the curriculum whenever possible, bearing in mind that human rights are one of the cross-discipline themes contemplated in the National Curriculum Parameters.

42. Military School facilities are compatible with the objectives of Basic Education and the pedagogical approach of Brazil’s Military Schools System. All Military Schools have classrooms, equipped laboratories, computer-equipped libraries, sports courts and gyms, athletics fields, swimming pool, and green areas.

43. The application of discipline in Military Schools is governed by the Regulatory Norms of the Military Schools’ Disciplinary Regime (Annex 9), adopted in July 1996, in harmony with the principles laid out in the Statute of the Child and Adolescent and in the Convention on the Rights of the Child. The disciplinary system in Military Schools has solely educational objectives and is monitored by psychologists/pedagogues, who provide assistance to students and guidance to teachers’ assistants, teachers, and officers. Penalties vary from warnings for minor infractions to expelling for graver infractions, preceded by rigorous investigation. A reward system for good behavior and good performance is also in place.

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44. In addition, Military School students who are enrolled in the Reservist Training Course (RTC) as mentioned in Paragraph 38 above, are subject to the Military Penal Code and to the Army’s Disciplinary Regulations, although the limitations imposed by the peculiarities of school life are taken into account and, in RTC cases, this applies only to disciplinary transgressions.

45. Disaggregate data on Military School students and teachers are shown in Annex 10 hereto.

46. Military Preparatory Schools, in turn, prepare cadets or officer candidates for entering the Armed Forces’ officers training academies, and seek to instill in students the motivation for a military career and enthusiasm for their respective Force. They operate on a boarding-school system and offer secondary education and military instruction compatible with reservist training, in addition to the practice of sports. Enrollment in these schools is voluntary and open only to male candidates. To be admitted, students must clear selective procedures that involve intellectual tests, health examinations, and physical and psychological aptitude tests. Candidates that have not yet attained 18 years of age when they register for the selection procedure must provide a written consent of their parents or legal guardians.

47. After enrollment, students become members of the respective Force as students, are entitled to a monthly pay, lodging, uniform, and food, in addition to medical/hospital, dental, and psychological and pedagogical care. However, the employment of these students in case of mobilization or armed conflict is not contemplated. The discipline required from students at EsPCEx, CN, and EPCAr is consistent with the Disciplinary Regulations of the respective Forces and with the specific rules of each educational establishment. Students may drop out at any time and are not required to follow a military career upon completion. As they finish their respective courses, they receive a certificate of completion of secondary school and a reservist’s certificate, and may enter higher-level education military schools if they so wish and meet other pertinent legal and regulatory requirements.

48. The above-mentioned Armed Forces preparatory schools are as follows:

(a) Army Cadets Preparatory School-EsPCEx, located in Campinas, State of São Paulo. It is a military educational institution that prepares young men to enter the Agulhas Negras Military Academy (AMAN), where combat officers of the Brazilian Army are trained. Successful graduates are eligible to enter AMAN, provided they meet the other requirements under the law and regulations. The course lasts one year on a half-board regime and covers the 3rd and last grade of secondary school in addition to the disciplines necessary to the professional military initiation, consistent with the category B reservist training. Enrollment in the EsPCEx is through an annual national competitive examination, open to young men aged 15 to 20 who are attending or have completed the second grade of secondary school. Currently, there are 475 students enrolled in the EsPCEx, which employs 13 civilian teachers and 74 members of the military, including teachers, instructors, psychologists, pedagogues, educational technicians, and General Staff Officers. The sociology, anthropology, and political science courses offer programmatic contents in

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respect of Citizenship and Human Rights to encourage students to reflect on their condition as citizens and on these disciplines’ importance for building ethical values.

(b) Naval College (CN). Located in Angra dos Reis, State of Rio de Janeiro, the Naval College is an educational establishment belonging to the Navy. The Naval College’s objective is to prepare and screen students for the Naval School’s Graduate Course. The Naval College program of studies, known as Training Course for Admission to the Naval School’s Graduate Course, lasts three years on a boarding-school system and is equivalent to the three years of secondary education plus military-naval training. Each year, 200 candidates are screened through a Selective Admission Process (PSACN). They must be aged 15-18 and have completed the 8th grade of elementary school by the time the course starts. In 2005, enrollment at the Naval School totaled 628 students.

(c) Air Cadet Preparatory School-EPCAr. This educational establishment belonging to the Brazilian Air Force is located in Barbacena, State of Minas Gerais and prepares candidates for entering the Aviator Officers Training Course at the Air Force Academy (AFA). To be admitted to the EPCAr Course, known as Air Force Cadet Preparatory Course (CPCAr), which lasts three years and corresponds to the last three years of secondary education, candidates must have completed or be in condition to complete the 8 th

grade of elementary school and have not yet attained the age of 18 years. Each year, 150 candidates can be admitted to the first year of CPCAr. Admission to the 3rd year of CPCAr is possible for candidates that have completed or are about to complete the 2nd year of secondary education and have not yet attainted 20 years of age at the time of enrollment. Usually, 20 to 30 candidates can be admitted in this category each year. In 2005, total enrollment at the EPCAr was 438 students in the three grades of secondary education.

Article 4

49. Brazil has not been involved in situations of armed conflict, either internally or internationally, so that Art. 4 has not been applied since the entry into force of the Optional Protocol for Brazil.

Article 5

50. As children make up one of society’s most vulnerable segments, particularly during armed conflicts, Brazil, in addition to participating in the OPCRC/AC, is party to the main international humanitarian law instruments that guarantee the protection of the rights of children in such situations. Some of the major normative instruments in this connection are: (i) the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of August 12, 1949 (Convention IV) and (ii) the Rome Statute of the International Criminal Court.

51. The Geneva Convention IV, adopted on August 8, 1949 and internationally in force since October 21, 1950, has been incorporated into the Brazilian legislation by Decree No. 42121, of August l8, 1957. Convention IV devotes several articles to the protection of

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children in armed conflicts, including articles 14, 23, 24, 38, 50, 89, and 94. For example, under the title concerning the general protection of populations from certain consequences of war, art. 14. provides that “In times of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.” Art. 24 provides that “the Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavor to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.”

52. Art. 50 of the Geneva Convention IV addresses the protection of children in occupied territories: “The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. "

53. Under the Rome Statute, incorporated into Brazilian law by Decree No. 4388 of September 29, 2002, the International Criminal Court has jurisdiction over the following crimes: (a) the crime of genocide; (b) crimes against humanity; (c) war crimes; and (d) crimes of aggression (art. 5). One Statute definition of “genocide” is the forcible transfer of children of the group to another group, carried out “with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group” (art. 5, paragraph 2, 1). Enslavement is considered as one of the crimes against humanity (art. 7, paragraph 1, c). The Statute defines “enslavement” as “the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children” (art. 7, paragraph 2,c). For the purposes of judgment before the International Criminal Court, “crimes of war” means “grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.” In this case, Brazil complies with the provisions of the Optional Protocol to the Convention on the

15

Rights of the Child on the involvement of children in armed conflict, which establishes 18 as the minimum age.

54. Brazil is part to Convention 182 and to Recommendation No. 190 of the International Labor Organization concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, of June 17, 1999. Convention 182 has been in force in Brazil since February 2, 2001 and has been incorporated into Brazilian law by Decree No. 3597 of September 12, 2000. According to art. 3a of Convention 182, one of the worst forms of child labor is “forced or compulsory recruitment of children for use in armed conflict.”

55. Brazil is actively participating in the United Nations General Assembly’s and the United Nations Security Council’s discussions on the protection of children in armed conflicts. It has also taken active part, for instance, in the negotiations and adoption of Resolutions 1261 (1999), 1539 (2004), 1612 (2005), and 1998 (2011) adopted by the Security Council5.

56. Brazil is a traditional co-sponsor of the General Assembly resolution on the Rights of the Child, which every year includes some provisions regarding the protection of children affected by armed conflict.6

Article 6

Paragraphs 1 and 2

57. In view of the fact that the internal and international legislation in force in the country is consistent with the provisions of the Optional Protocol and that for years Brazil has not been involved in armed conflicts nor accepted the induction of volunteers under 18 years of age into the Armed Forces, no changes in the national legislation have been needed for making possible the proper implementation of the OPCRC/AC.

58. The Optional Protocol was published internally through presidential Decree No. 5006 of March 8, 2004 and is in full force within the internal jurisdiction. The legal status of international treaties on human rights in general has been the object of jurisprudential divergence in Brazil. Some judges and courts, based on art. 4, paragraph 2 of the Federal Constitution (“The rights and guarantees established in this Constitution do not preclude other rights arising out of the regime and principles adopted herein or out of international treaties to which the Federative Republic of Brazil is Party”), have accorded international treaties the status of constitutional norm. Other jurisprudential line accords them the value of ordinary law. As yet, there have been no specific decisions on the statutes of the Optional Protocol.

59. Constitutional Amendment No. 45, in force since December 30, 2004, added a 3 rd

paragraph to art. 5 of the Federal Constitution, establishing that “international treaties and

5 In 2000 and 2003, Brazil did not participate in the Security Council. 6 For instance, the Resolutions A/65/197 “Rights of the Child” and A/64/146“Rights of the Child”.

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conventions on human rights approved by each chamber of the National Congress on two voting sessions by three fifths of the votes of the respective members are equivalent to constitutional amendments.” The status of the international treaties on human rights approved by Congress before the entry into force of this new rule, including the Convention and its two Optional Protocols, is still under internal discussion.

60. As Brazil strives for the universal implementation of the rights of the child in all its public policies as well as the particularities of the norms for the protection of children in armed conflicts, there are various governmental agencies entrusted with the application of the Optional Protocol.

61. The Ministry of Defense and the Army, Navy, and Air Force Commands play a fundamental role in implementing the provisions of the Protocol with respect to the prohibition of forced recruiting of children for direct participation in hostilities and to the regulation of the induction of volunteers under the age of 18 years into the Armed Forces. In this connection, this report has already made several references to the fact that for more than 60 years Brazil has not participated in any armed conflict and that it does not accept volunteers, given the excess of contingents of inducted 18-year old males. The Ministry of Defense, together with the Ministry of Education, also sees to the observance of Protocol norms in Military Schools.

62. The Secretariat for Human Rights under the Presidency of the Republic (SDH), the federal body responsible for coordinating public policies of protection and promotion of human rights, also plays an equally fundamental role in the implementation of the Optional Protocol provisions. It is incumbent upon the SDH to advice the President of the Republic directly and indirectly in the formulation of policies and guidelines aimed at promoting the rights of citizenship, children, adolescents, the aged, and minorities and at defending the rights of the handicapped and their integration into community life, as well as to coordinate the national human rights policy in accordance with the National Human Rights Program (PNDH). The SDH also coordinates initiatives and supports projects geared to the protection and promotion of human rights nationwide, implemented by both government bodies, including the Executive, the Legislative, and the Judiciary Branches, and civil society organizations. Moreover, it discharges an ombudsman’s function in matters regarding citizenship, children, adolescents, the aged, and minorities. It should be pointed out that one of the main guidelines of the National Human Rights Program has to do with the implementation of the international agreements on human rights ratified by Brazil.

63. SDH’s work necessarily involves close coordination with other Ministries and federal government agencies, the Executive, Legislative, and Judiciary Branches, the Department of Justice, the States and Municipalities, and civil society. The National Secretariat for the Promotion of the Rights of the Child and the Adolescent (SNPDCA) is SDH’s main arm to ensure full respect for the rights of the child.

64. The National and the State and Municipal Councils on the Rights of the Child and the Adolescent discharge equally relevant functions in the application of the Optional

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Protocol. They are responsible for decision-making and verification in respect of the promotion and protection of the rights of the child and the adolescent at all government levels. These councils are an important, privileged channel for popular participation in deciding and controlling public policies aimed at children, because they consist of government and civil society representatives on a parity basis and because civil society representatives are elected by their peers without government interference. In addition to the National Council on the Rights of the Child and the Adolescent (CONANDA), there is a State Council in every state, and in each one of the 4,873 municipalities there is a Municipal Council. Every two years, a National Conference on the Rights of the Child is held, preceded by State and Municipal Conferences, at which civil society actively participates in defining the main lineaments of the policy aimed at ensuring the rights of children and adolescents. The Brazilian State calls attention to its report on compliance with the Convention on the Rights of the Child and to the dialogue maintained with the Committee as the Committee was considering the report, which discussed in depth the Councils’ functions and role.

65. November 2003 saw the establishment of a National Commission for Dissemination and Implementation of International Humanitarian Law in Brazil. It is incumbent upon this Commission to propose, to the pertinent authorities, measures necessary to the implementation and dissemination of international humanitarian law nationwide, in particular the Geneva Conventions of 1949 and the Additional Protocols I and II of 1977, as well as the other instruments on the subject, to which Brazil is Party. The Commission consists of representatives of the Ministries of External Relations, Justice, Defense, Health, Education, and Culture, the President’s Office, the Secretariat for Human Rights under the Presidency of the Republic, the Chamber of Deputies, and the Senate. The Brazilian Red Cross and the International Red Cross Committee also participate, as observers. The Commission may also invite entities and specialists in specific thematic areas to help it in its work. The National Commission’s role in the implementation of the Optional Protocol is highly significant, given the convergence of the norms of the International Human Rights Law and the International Humanitarian Law as regards the protection of children in armed conflicts.

66. The Ministry of External Relations has a role in coordinating Brazilian positions at multilateral forums on human rights, humanitarian law, and promotion of international peace and security, at which attention is given to the involvement of children in armed conflicts, and particularly in connection with the dialogue with the Committee on the Rights of the Child about the implementation of the Optional Protocol.

67. The main mechanism prescribed for the periodical verification and evaluation of the Optional Protocol’s application is the process whereby this initial report is prepared, submitted, and discussed, as will also be the pertinent parts of future reports about compliance with the Convention on the Rights of the Child, in accordance with art. 8 of the Optional Protocol.

68. As regards the measures adopted for the training of peace maintenance personnel in respect of the rights of the child, including the Optional Protocol provisions, all Brazilian

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troops that participate in peace maintenance operations receive prior training in the norms of the International Human Rights Law, the International Humanitarian Law, and the United Nations Code of Personal Conduct for Blue Helmets. During this training, emphasis is laid on the protection of the rights of children, both as regards involvement in armed conflict and preventing and combating sexual exploitation. The Ministry of Defense has worked in partnership with the International Red Cross Committee to strengthen and consolidate the training in International Humanitarian Law not only of contingents sent on peace missions but of the Armed Forces in general.69. In addition to being published in the Official Gazette, the Optional Protocol is available on the Web sites of the official bodies associated with its application.

Paragraph 3

70. As Brazil has not been involved in situations of armed conflict, whether internal or international, paragraph 3 has had no application since the entry into force of the Optional Protocol for Brazil.

Article 7

71. As Brazil has not been in a situation of armed conflict, whether internal or international, it has not received or rendered any technical cooperation, nor received any financial assistance in this connection.

72. To the extent of its possibilities as a developing country, Brazil has sought to contribute financially to organisms, agencies, funds, and multilateral programs that have a role in protecting children involved in armed conflicts. In 2010, Brazil contributed with US$1,000,000 to the Office of the United Nations High Commissioner of Human Rights for the protection of victims of sexual violence in the Democratic Republic of Congo.

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ANNEX 1 - Relevant provisions of the Federal Constitution

(…)

Art. 143. Military service is compulsory as set forth by law.

Paragraph 1. It is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted¸ claim imperative of conscience, which shall be understood as originating in religious creed and philosophical or political belief, for exemption from essentially military activities.

Paragraph 2. Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned to them by law.

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ANNEX 2 - Relevant provisions of the Military Service Law

LAW 4375 OF AUGUST 17, 1964

Military Service Law

(as amended)

Know all men by these presents that the NATIONAL CONGRESS has decreed and I have sanctioned the following law:

TITLE INature, Compulsory Character, and Duration of Military Service

CHAPTER ONENature and Compulsory Character of Military Service

Art. 1. The Military Service consists in the performance of specific activities carried out in the Armed Forces – Army, Navy, and Air Force – and encompasses all the tasks related to national defense.

Art. 2. All Brazilians shall be obligated to do Military Service under this law and its regulation.

Paragraph 1. The discharge of the Military Service obligation by naturalized Brazilians or by Brazilians by option shall be defined in the regulation of this Law.

Paragraph 2. Women shall be exempted from Military Service in times of peace and, pursuant to their aptitudes, shall be subject to tasks of interest to mobilization.

Art. 3. Military Service shall be rendered by classes consisting of Brazilian males attaining the age of 19 (nineteen) years, born between January 1 and December 31.

Paragraph 1. A class shall be designated by the year of birth of the citizens that make it up.

Paragraph 2. The rendering of Military Service by the Brazilian males referred to in paragraph 1 of this article shall be specified in this Law’s regulation.

Art. 4. Brazilians that fit the conditions herein prescribed shall render Military Service incorporated into Active List Organizations of the Armed Forces or enrolled in Reserve Training Outfits.

Sole paragraph. Service rendered by the Military Police, Fire Brigades, and other entities charged with public security shall be considered as being of military interest. Admission

21

into these entities shall be subject to authorization from the competent military authority and shall be established in this Law’s regulation.

CHAPTER TWODuration of Military Service

Art. 5. The Military Service obligation in times of peace shall begin on January 1 of the year in which the citizen attains the age of 18 (eighteen) years and shall end on December 31 of the year in which he will attain the age of 45 (forty-five) years.

Paragraph 1. In war times, this period may be extended in accordance with the interests of national defense.

Paragraph 2. The voluntary rendering of Military Service shall be permitted, beginning at the age of 17 (seventeen) years.

Art. 6. Entry-level Military Service by those inducted shall have a normal duration of 12 (twelve) months.

Paragraph 1. The Army, Navy, and Air Force Ministers may reduce the duration of the entry-level Military Service by citizens inducted into the respective Armed Forces to as little as 2 (two) months or extend it by as much as 6 (six) months.

Paragraph 2. By authorization of the President of the Republic, the duration of the entry-level Military Service may be:

(a) Extended by over 18 (eighteen) months if it is in the national interest.(b) Reduced by more than 2 (two) months, if this is requested on reasonable grounds

by the Military Ministry concerned.

Paragraph 3. During the extended period of Military Service, as provided in the two preceding paragraphs, the enlisted men thereby affected shall be considered as engaged.

Art. 7. Military Service by those enrolled in Reserve Training Outfits shall have the duration established in the respective regulations.

Art. 8. The computing of time in service shall begin on the day of induction.

Sole paragraph. For the purposes of calculating time in service, the time spent by an enlisted man in serving a sentence handed down in rem judicatum shall not be counted.

(…)

TITLE IIIRecruitment for Military Service

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CHAPTER ONERecruitment

Art. 12. Recruitment for Military Service encompasses the following:

(a) selection;(b) calling up;(c) induction or enrollment in Reserve Training Outfits; and(d) voluntary presentation.

23

CHAPTER TWOSelection

Art. 13. Selection of the class called and of volunteers shall be done on the basis of the following aspects:

(a) physical;(b) cultural;(c) psychological; and(d) moral.

Sole paragraph. For the purposes of selection or regularization of their military situation, all Brazilians must report themselves in the year in which they attain the age of 18 (eighteen) years, independently from Edicts, Advices, or Notifications, to the place and at the time established in this Law’s regulation, at which time they shall be enlisted.

Art. 14. Selection shall be done by Selection Commissions specially designated by the competent authorities. These Commissions shall consist of active or reserve military officers and shall be complemented by properly qualified civilians, as needed.

Sole paragraph. The operation of these Commissions and the conditions for carrying out the selection shall conform to the norms established in this Law’s regulation.

Art. 15. The selection criteria shall be fixed by the General Staff of the Armed Forces (EMFA), in accordance with the requirements indicated by each of the Armed Forces.

CHAPTER THREECalling

Art. 16. Each year Brazilians belonging to a single class shall be called for rendering Military Service in the Armed Forces.

Art. 17. The class called shall consist of Brazilians who will attain the age of 19 (nineteen) years between January 1 and December 31 of the year in which they will be enlisted in an Active List Military Organization or enrolled in a Reserve Training Outfit.

Paragraph 1. Brazilians belonging to a preceding class, who have not yet discharged their Military Service obligation, as well as physicians, pharmaceutists, dentists and veterinaries who have a Exemption Certificate of Incorporation shall be subject to the same obligations as the called class, without prejudice to the sanctions imposed on them in accordance with this Law and its regulation. . (Amended by Law nº. 12336, of 2010)

Paragraph 2. Active List Military Organization shall refer to Autonomous Units, Departments, Establishments, Ships, Naval and Air Force Bases, and any other tactic or administrative units that form part of the Army, Navy, and Air Force’s organic whole.

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Paragraph 3. Reserve Training Outfit is the generic denomination assigned the outfits devoted to the training of officers, noncommissioned officers, and soldiers for the Reserve.

Paragraph 4. The cadre-subunits in charge of training specialist soldiers, rank noncommissioned officers, and specialists for both the active list and the reserve shall be considered as Active List Military Organizations or Reserve Training Outfits, as the case may be.

Art. 18. Each year the Armed Forces General Staff (EMFA) shall, with the participation of the Military Ministries, a prepare General Conscription Plan for Entry-level Military Service, which shall set out the conditions for recruiting the class to be inducted into the Armed Forces the following year.

Sole paragraph. The military Ministers may call reserve personnel to participate in exercises, maneuvers, and for upgrading military knowledge.

CHAPTER FOUR

Induction into and Enrollment in Reserve Training Outfits

Art. 20. Induction is the act whereby called men or volunteers are incorporated into an Active List Military Organization of the Armed Forces.

Art. 21. To the extent possible, those called shall be incorporated into an Active List Military Organization in the Municipality where they live.

Sole paragraph. Solely in cases when it is absolutely impossible to fill needs, the transfer of called men from one to another Military Service Zone shall be allowed.

Art. 22. Enrollment is the act whereby conscripts or volunteers are admitted to an Active List Military Training School, Center, or Course or to a Reserve Training Organ.

Paragraph 1. Brazilians enrolled in Higher Education Institutions or in the last year of Secondary School at the time they are called for entry-level Military Service shall be entitled to priority enrollment in or induction into Reserve Training Outfits located in the Military Garrison where they are attending school, provided the other selection conditions established in these Outfits’ regulations are met.

Paragraph 2. It shall be incumbent upon the EMFA, in conjunction with the Military Ministers, to designate the municipalities to form part of each military garrison for the purposes of this Law.

Art. 23. Even if not inducted, the called men referred to in the preceding paragraph shall be subject, for the duration of their Military Service, to the activities connected to maintenance of the internal order.

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(…)

Art. 27. The Military Ministers may at any time of the year authorize the acceptance of volunteers, whether they are reservists or not.

(…)

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Interruption of service

Art. 31. Active service in the Armed Forces shall be interrupted by the following reasons:

(a) annulment of the induction;(b) discharge;(c) expulsion;(d) desertion.

Paragraph 1. The annulment of induction may occur at any time if irregularities in recruiting are detected, including irregularities related to the selection based on the conditions established by this Law’s regulation.

Paragraph 2. Discharge may occur for the following reasons:

(a) an illness in consequence of which the inducted misses service for 90 (ninety) days, whether consecutive or not, in which case he shall be discharged and his military status shall be established by this Law’s regulation.

(b) the inductee becomes a breadwinner after induction, in accordance with the provisions of this Law’s regulation.

(c) a disease or accident that definitively incapacitates the inductee for Military Service, in which case he will be excluded and definitively exempted from Military Service.

(d) an irrevocable sentence arising from the committing of a common felonious crime, in which case the inductee shall be expelled, handed over to the competent civilian authority, and shall have his military status established under this Law’s regulation.

Paragraph 3. Expulsion shall be based on:

(a) an irrevocable sentence arising from the practice of common or military crime of a felonious nature;

(b) the practice of any act against public morals, military honor, or any grave fault that, according to the Military Law or Regulations, makes the author unworthy of belonging to the Army;

(c) the incurrence in contumacious behavior, so that the author’s presence becomes inconvenient for discipline and permanence in the ranks.

Paragraph 4. The inductee who is prosecuted before a common court shall be presented to the competent authority requesting it and will remain at this authority’s disposal in a military prison, in case of preventive prison. After a condemnatory sentence has been handed down, the convicted inductee shall be handed over to the competent authority.

Paragraph 5. The inductee who is being prosecuted before a Military Court shall remain in his unit, even as excess troop.

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Art. 32. The interruption of Military Service by inductees enrolled in Reserve Training Outfits, pursuant to the provisions of paragraphs 2 and 3, shall be subject to the norms established in the respective regulations.

(…)

Art. 73. For the purposes of Military Service, a civilian minor’s incapacity shall cease on the day he attains the age of 17 (seventeen) years.

(…)

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ANNEX 3 - Relevant provisions of the Military Service Regulation

DECREE NO. 57654 OF JANUARY 20, 1966(as amended)

Regulates the Military Service Law (Law 4375 of August 17, 1964), rectified by Law 4754 of August 18, 1965.

The PRESIDENT OF THE REPUBLIC, exercising the powers bestowed on him by art. 87, I of the Federal Constitution, and in conformity with art. 80 of Law 4375 of August 17, 1964, hereby decrees:

TITLE I

General Provisions

CHAPTER ONE

Objectives of this Regulation(RLSM)

Art. 1. This Regulation establishes norms and procedures for the enforcement of the Military Service Law, herein designated as LSM (Law 4375 of August 17, 1964, rectified by Law 4754 of August 18, 1965).

Sole paragraph. It shall be incumbent upon each Armed Force to introduce any necessary modifications to the Regulations of the Military Service’s directing and executing bodies under its responsibility, and to hand down instructions and guidelines based on the LSM and on this Regulation, so as to establish its respective execution details.

Art. 2. The participation, in national defense, of Brazilians that are not engaged in specific Armed Forces activities, shall be regulated by special legislation.

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CHAPTER TWO

Concepts and Definitions

Art. 3. For the purposes of this Regulation, the following concepts and definitions shall prevail:

(1) Attachment (to become attached) - Act whereby the enlisted man is maintained in the Military Organization before inclusion or after exclusion, for the specific purposes established on the occasion of the act.

(2) Enlistment – Act prior to selection. It consists in the filling out of the Military Enlistment Form (FAM) and in the Military Enlistment Certificate (CAM).

(3) Class – The totality of Brazilian males born between January 1 and December 31 of a given year. It is designated by the year in which its members were born.

(4) Inductee class – The totality of Brazilian males of a given class that are called for rendering Military Service, whether at entry-level or under any other form.

(5) Conscripts – Brazilian males that make up the class called up for selection with a view to rendering entry-level Military Service.

(6) Draft (for its different purposes) – Act whereby Brazilian males are called for rendering Military Service, whether at entry-level or under any other form.

(7) Draft for induction or enrollment (assignment) – Act whereby Brazilian males, after being selected as apt, are assigned to induction or enrollment for rendering Military Service, whether at entry-level or under any other form. The expression “called for induction” that occurs in the Military Penal Code (Art. 159) applies to those that are selected for calling and assigned to induction or enrollment in a Military Organization, to which they should report on the appointed date.

(8) Time of service extension – Compulsory extension of the time of Military Service.

(9) Discharge – Act of exclusion form active service in an Armed Force.(a) Before completion of the time of entry-level Military Service, save in the

case of annulment of induction, expulsion, and desertion. A discharged inductee may pass into the Reserve, provided he meets the minimum schooling requirements, except for cases of exemption based on definitive physical or mental incapacity.

(b) After the time of entry-level Military Service, solely in cases of

exemption based on definitive physical or mental incapacity, if the inductee does not have right to retirement from service.

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(10) Disengagement – Act whereby the enlisted man leaves the Military Organization.

(11) Exemption from induction – Act whereby Brazilian males are exempted from induction into Active List Military Organizations because of their particular situation or because they exceed current induction capacity.

(12) Waiver from entry-level Military Service – Act whereby Brazilians who, though under the obligation to render Military Service, have been dispensed from induction into Active List Military Organizations and are under no obligation to enroll in Reserve Training Outfits, but remain subject to being called later and to the duties herein set forth. Brazilians in this situation shall be entitled to a Certificate of Waiver from Induction.

(13) Availability – Status of reserve personnel attached to a Military Organization during the period of time set by the Military Ministers, in accordance with mobilization needs.

(14) Putting aside (warehousing) – Act whereby an inductee, volunteer, reservist, discharged, insubordinate, or deserter is kept in a Military Organization for specific purposes stated on the occasion (feeding, lodging, prosecution, etc).

(15) Noncompliance with the Military Service – Situation of Brazilians who, although having definite obligations toward the Military Service, fail to meet them at the established time.

(16) Engagement – Voluntary extension of the time of service by the inductee.(17) Compliance with Military Service obligations. This refers to a Brazilian who

has his military situation in order in respect of the successive Military Service requirements. For this, he must possess a document that proves his military status, with the notations herein set forth regarding compliance with obligations that postdate the document. This expression has the same meaning as “being quits with the Military Service”, which was used in previous ordinary legislation.

(18) Exclusion – Act whereby an enlisted man ceases to belong to a Military Organization.

(19) Military Service Fund – Special fund established under the LSM with revenue from fines and the Military Fee.

(20) Inclusion – Act whereby the inductee, volunteer, or reservist becomes part of a Military Organization.

(21) Induction – Act whereby called men or volunteers are inducted into a Military Organization or into certain Reserve Training Outfits.

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(22) Draft-dodger – A called individual who has been selected and assigned for induction or enrollment but fails to report to the Military Organization to which he has been assigned at the established time or, having done so, absents himself before the official act of induction or incorporation.

(23) Exempt from Military Service – Brazilians who, on moral grounds (in times of peace) or on physical or mental grounds are relieved from the obligations of Military Service, permanently or as long as these conditions last.

(24) Licensing – Act whereby an enlisted man is released from active service in an Armed Force at the completion of the entry-level Military Service, followed by his inclusion in the Reserve.

(25) Enrollment – Act whereby a called man or volunteer is admitted to a Reserve Training Outfit or other Active List Military organizations—School, Center, or Course for the training of active list military personnel. If a called man or volunteer is assigned for enrollment in a Reserve Training Outfit to which he remains attached while rendering Military Service in discontinuous periods or on limited schedules or with responsibilities limited to those necessary to his training, he will be included and enrolled in said Outfit but will not be incorporated. When the called man or volunteer enrolled in a School, Center, or Course for military training for the active list or in a Reserve Training Outfit to which he becomes permanently attached, independently from schedule, and with the responsibilities inherent to the Active List Military Organizations, he will be included in and incorporated into said School, Center, Course, or Outfit.

(26) Fine – Cash penalty applied by the military authorities for violation of the provisions of the LSM and this Regulation.

(27) Minimum fine – Basic cash penalty equivalent to 1/30 (one thirtieth) of the minimum salary in force in the country at the time the fine is imposed, rounded up to the next hundred cruzeiros.

(28) Noncontributing municipality – Municipality considered by the annual General Conscription Plan as not contributing with called men for entry-level Military Service.

(29) Contributing municipality - Municipality considered by the annual General Conscription Plan as contributing with called men for entry-level Military Service. In accordance with its possibilities and location, it may contribute only to the Active List Military Organizations, or only to the Reserve Training Outfits, or to both simultaneously, to one or more than one Armed Force.

(30) Active List Military Organization – Troop Corps (Units), Departments, Establishments, Ships, Naval and Air Force Bases, and any other tactic or administrative unit that forms part of the Army, Navy or Air Force’s organic whole.

32

(31) Reserve Training Outfit – Generic designation of outfits for the training of officers, noncommissioned officers, soldiers, and marines for the Reserve. In some cases, the Reserve Training outfits may also be Active List Military Organizations, provided they have the characteristics of such Military Organizations and permanent existence.

(32) Preferential treatment – Brazilians who should be assigned preferentially to one or another of the Armed Forces in the annual contingent distribution because they engage in normal activities of great interest to the respective Force and who will stay with it both for rendering Military Service and for mobilization. Some men accorded preferential treatment have the same obligations as reservists.

(33) Military Service publicity – Part of Public Relations activities aimed and informing the public through institutional advertisement and education.

(34) Reengagement – Extension of the time of service at the end of the prescribed period. Reengagement may be granted successive times subject to the pertinent conditions.

(35) Draft dodger – A Brazilian who fails to report for selection of his class at the designated time or who, having done it, does not stay through the full procedure. Someone who fails only to enlist, which comes prior to selection, or who has lived in a noncontributing municipality for over a year prior to the beginning of the period of selection of his class is not considered a draft dodger.

(36) Re-inclusion – Act whereby a reservist or deserter is inducted into a Military Organization.

(37) Re-induction – Act whereby a reservist or someone exempted is, under certain circumstances, re-included in an Active List Military Organization or in a Reservist Training Outfit.

(38) Military Service Public Relations – Activities by the different bodies of Military Service aimed at giving proper attention to and informing the public.

(39) Reserve – The ensemble of officers and enlisted men belonging to the reserve pursuant to specific legislation and to this Regulation.

(40) Reservist – Enlisted man belonging to the reserve.

(41) First-class reservist – An enlisted man who has reached the level of instruction that qualifies him for one of the military functions or specializations of the Armed Forces.

(42) Second-class reservist – An enlisted man who has received, as a minimum, sufficient military instruction to discharge a basic, general function of a military character.

(43) Special situation – Status of the bearer of an Induction Waiver Certificate because he performs a function or has an aptitude of interest to national defense as

33

established by the respective Armed Force. A notation thereof is entered into said Certificate.

(44) Cadre subunit – A subunit with an organization cadre consisting solely of command and officering elements and whose purpose is the training of:

(a) specialist soldiers or marines (or men prepared for specific military qualifications) assigned to the active list or to the reserve; and

(b) rank and specialist noncommissioned officers (or men prepared for specific military qualifications) assigned o the active list or to the reserve.

Cadre subunits may be, according to the case, an Active List Military Organization or a Reserve Training Outfit. They may form part of Active List Military Organizations or may be free-standing.

(45) Military fee – A cash amount charged by the Military Service bodies from called men who have obtained the deferment of their induction or from those who have been granted an Induction Waiver Certificate. It is an amount equal to the minimum fine.

(46) Volunteer – A Brazilian who volunteers for Military Service, whether at entry-level or under any other form or at any other stage. Acceptance and conditions to which he will be subject are decided by the Military Ministries.

TITLE II

Nature, compulsory character, and duration of Military Service

CHAPTER THREE

Nature and compulsory character of Military Service

Art. 4. The Military Service consists of the exercise of specific activities carried out by the Armed Forces–Army, Navy, and Air Force– and shall encompass, in case of mobilization, all the duties related to national defense.

Paragraph 1. The Military Service is based on the conscious cooperation of Brazilians—spiritual, moral, physical, intellectual, and professional—in national defense.

Paragraph 2. Through its activities, the Military Service contributes to the moral and civic education of Brazilians of military age and provides them with appropriate instruction for national defense.

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Art. 5. All Brazilians are obligated to render Military Service in accordance with the LSM and this regulation.

Paragraph 1. Women are exempted from Military Service in times of peace and are subject to the duties of interest to mobilization, pursuant to their aptitudes.

Paragraph 2. The rendering of Military Service by female volunteers is permitted.

Paragraph 3. Military Service as referred to in the preceding paragraph may be adopted by each Armed Force according to its criteria of convenience and opportunity.

Paragraph 4. Those who are Brazilians through naturalization or by choice are subject to Military Service as of the date on which they receive their naturalization certificate or sign their choice declaration.

Art. 6. The activities to which women are subject in case of mobilization are specified in art. 10(2)(3) of this Regulation.

Art. 7. Entry-level Military Service shall be rendered by classes consisting of Brazilians who attain the age of 19 (nineteen) years and were born between January 1 and December 31 of the same year.

Sole paragraph. A class shall be designated by the year of birth of the Brazilians that make it up and the corresponding recruiting for rendering Military Service shall be established by this Regulation.

Art. 8. Brazilians who match the conditions prescribed in the LSM and in this Regulation shall render the Military Service as enlisted men in Active List Military Organizations or in Reserve Training Outfits.

Art. 9. Conditions for the rendering of compulsory Military Service under other forms and at other stages are established herein and by special legislation.

Art. 10. During mobilizations, Military Service shall encompass the rendering of services:

(1) in the form prescribed in arts. 7 and 9 of this Regulation;

(2) according to military needs related to mobilization duties; and

(3) in civilian organizations of interest to national defense.

(…)

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CHAPTER FOUR

Duration of Military Service

Art. The obligation of rendering Military Service in times of peace begins on January 1 of the year in which Brazilian men attain the age of 18 (eighteen ) years and lasts through December 31 of the year in which they attain the age of 45 (forty-five) years.

Sole paragraph. In war time, this period may be extended in the interest of national defense.

Art. 20. Brazilians shall be permitted to render Military Service as volunteers as of the year in which they attain the age of 17 (seventeen) years up to the age limit set in the preceding article, in the form prescribed in art. 127 and its paragraphs of his Regulation.

(…)

CHAPTER SEVEN

Recruiting

Art. 38. Recruitment is for the rendering of compulsory or voluntary Military Service pursuant to arts. 5 and 127 of this Regulation.

(1) call (for the two types of service);

(2) selection;

(3) call for induction or enrollment (designation); and

(4) induction into or enrollment in Active List Military Organizations or Reserve Training Outfits.

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CHAPTER EIGHT

Selection and Enlistment

Art. 39. The selection of the class to be called up or of volunteers shall be based on the following aspects:

(1) physical;(2) cultural;(3) psychological; and(4) moral.

Art. 40. All Brazilians must report for selection or regularization of their military status in the year in which they attain the age of 18 (eighteen) years, independently from Edicts, Advices, or Notifications, at the location and the time specified in this Regulation and in the Call Plans and Instructions.

Sole paragraph. Brazilians may report first for enlistment and then for the selection proper.

Art. 41. Enlistment is compulsory and precedes selection.

Paragraph 1. Compulsory reporting for enlistment shall occur in the first six months of the year in which a Brazilian attains the age of 18 (eighteen) years. Volunteers for rendering Military Service may report themselves as of the date on which they attain the age of 16 (sixteen) years. Brazilians by naturalization or by choice should report within 30 (thirty) days as of the date they receive the naturalization certificate or sign their choice declaration.

Paragraph 2. Enlistment shall be normally done by the enlisting office in the home locality or, exceptionally, by another enlisting body, if circumstances thus warrant, in the latter’s view, and by Brazilian Consulates, in the case of men residing abroad. The enlisting bodies shall function normally throughout the year.

Paragraph 3. Brazilians who reside abroad o happen to be abroad near the location of a Brazilian representation may report voluntarily to said representation for enlistment.

Paragraph 4. The inexistence of an enlisting body in a Brazilian’s home locality under no circumstances shall exempt him from compulsory enlistment at the time prescribed in paragraph 1 of this article.

Paragraph 5. Brazilians who fail to report for enlistment in the form herein prescribed shall:

(1) be subject to a minimum fine established under art. 176 (1) hereof; and

(2) be enlisted by any enlisting body to which they may report for any reason.

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Art. 42. Upon enlisting, all Brazilians shall promptly receive from the enlisting body, free of charge, a Military Enlistment Certificate (CAM).

Paragraph 1. At the issuing of the CAM, the expiration date entered on it shall be December 1 of the year preceding the induction of the class to which the enlisted man belongs or to which he is attached.

Paragraph 2. At the expiration date set above, provided the enlisted man is in compliance with his military obligations, CAM’s validity shall be extended as follows:

(1) up to the date of induction or enrollment;

(2) up to the date of receipt of an Induction Exemption or Induction Waiver Certificate, as the case may be; or

(3) for as long as the induction’s deferment.

Art. 43. At the time of reporting to the enlisting body of their home locality, pursuant to arts. 40 and 41 hereof, a Brazilian must produce the following documents:

(1) a birth certificate or equivalent. A naturalized Brazilian or a Brazilian by choice shall submit proof of naturalization or a choice declaration certificate;

(2) two 3cm x 4 cm photographs; and

(3) a statement to the effect that he has not been enlisted by another enlisting body, signed by himself or by another person in good faith. This statement may be entered into a Military Enlistment Form (FAM) to be filled out by the enlisting body.

[Art. (…)]

Paragraph 1. Enlistment candidates who live in noncontributing municipalities and who are breadwinners must submit proof thereof and an application form requesting waiver from induction, pursuant to art. 104, paragraph 10 hereof.

Paragraph 2. A Brazilian whose birth has not been registered and who has no valid identification document or who ignores whether he was registered or his birthplace:

(1) shall be enlisted on the basis of statements by two identified witnesses about his name, date and place of birth, parents, marital status, residence, and profession. This information shall be entered into a special book and shall be provisionally valid solely for the purposes of Military Service. The CAM shall bear the following notation (stamped in red): “Not valid as proof of identity, as no valid identification document has been submitted;”

(2) In case of induction, it shall be incumbent upon the Commander, Chief, or Director to see that the enlisted man regularizes his situation vis-à-vis the civil record,

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during the rendering of entry-level Military Service, or that he takes steps to obtain a birth record or a pertinent legal justification;

(3) In case the enlisted man is dispensed or exempted from Military Service, his pertinent Certificate shall contain the notation referred to in (1) of this paragraph, unless he has presented a valid identification document in proper time;

(4) Brazilians who have been accorded preference for one or another of the Armed Forces, pursuant to art. 69 hereof, shall enlist at an enlisting body of the pertinent Ministry.

(…)

Art. 49. Selection for the Armed Forces shall be done by Selection Commissions (CSs) specifically designated by the competent authority and shall consist of active list or reserve military and, if needed, shall be completed by duly qualified civilians. These Commissions shall act in accordance with particular instructions, at the locations and times established in the Call Plans and Instructions.

Paragraph 1. The Military Minister concerned shall establish the indemnities and remuneration of civilian or reserve medical doctors who, although not called, shall cooperate in the medical checkups carried out by the Selection Commissions.

Paragraph 2. Brazilians who reside in contributing municipalities and who for some reason fail to report themselves at the time established for the selection of their class and of those attached to said class may present themselves during the period of induction to the Selection Commissions that will be functioning in the Organizations designated for this purpose, without prejudice to the sanctions (fines) for which they may be liable.

Paragraph 3. Naturalized Brazilians and Brazilians by choice shall be subject to the first selection taking place after the issuing of their naturalization certificate or choice declaration document.

Paragraph 4. Brazilians living in any municipality may present themselves for selection upon attaining the age of 16 (sixteen) years, provided they meet the conditions established by the Military Ministries for their acceptance as volunteers, pursuant to the provisions of this Regulation’s art. 127 and its paragraphs.

Paragraph 5. Once they have presented themselves, volunteers referred to in the preceding paragraph 4 shall be subject to the same obligations imposed on the class to be called, in accordance with the conditions established at their enlistment for their acceptance.

Paragraph 6. Brazilians who reside or who find themselves abroad near a Brazilian representation where a CS is at work may voluntarily present themselves for selection.

Art. 50. In addition to enlistment, the selection shall consist of:

(1) medical checkup and other tests, at the discretion of the Military Ministries,

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(2) selection tests;

(3) interview; and

(4) consideration of other available elements.

Sole paragraph. The selection referred to in this article shall be done pursuant to instructions handed down by the concerned Military Minister.

Art. 51. The CSs that, in principle, will function in the contributing municipalities shall consist of at least three officers, a medical doctor, and a Military Service District Chief having jurisdiction over the District. Enlisted men, as assistants, and the Military Service Board (JSM) Secretaries stationed in the municipality shall also form part of the CSs.

Paragraph 1. If convenient, officers of the other Armed Forces may also take part in the CSs, subject to prior arrangements by the RM, DN, and ZAe Commanders.

Paragraph 2. The CSs may be stationary or mobile.

Art. 52. Those subjected to the medical checkup for the purposes of Military Service shall be classified into four groups:

(1) Group A, if they meet the regulation requirements and are physically strong. They may present minor injuries, handicaps or diseases, provided these do not interfere with Military Service;

(2) Group B-1, if they are temporarily incapacitated but are likely to recover soon;

(3) Group B-2, if they are temporarily incapacitated, likely to recover, but their recovery may require a long period or if any lesions, defects or diseases they may bear make their induction or enrollment unadvisable.

(4) Group C, if they are definitively incapacitated (irrecoverable) owing to lesion, disease or handicap deemed incurable and incompatible with Military Service.

Sole paragraph. The reports entered into the medical examination records shall be as follows:

(1) “Fit-A”;

(2) “Unfit B-1”;

(3) “Unfit B-2”;

(4) “Unfit C”.

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Art. 53. Conscripts subjected to the medical examination at the time of enlistment that are classified as “Fit A”, “Unfit B-1”, or “Unfit B-2” shall be subjected to another medical checkup at the time of selection, as provided in art. 46, paragraph 2 hereof. Only those who have been classified as “Fit A” 6 (six) months earlier may be exempted from this second checkup, at the CS’s discretion.

Art. 54. Conscripts and volunteers classified as “Fit A” shall be subjected to tests and interviews, pursuant to the instructions for selection handed down by the Military Ministers.

Art. 55. Conscripts classified as “Unfit B-1” shall have their induction deferred for a year and shall report for selection with the next class. On their respective CAMs shall be entered their group classification, the diagnosis number, and the date and place where they must report for a new medical examination.

Paragraph 1. At their request, those concerned may be sent again for medical evaluation at the time of their class’s induction, provided they submit proof of treatment of the condition that led to their temporary incapacitation. If found to be fit, they will be inducted with their class.

Paragraph 2. On the initiative of the Armed Force in which the selection takes place and in accordance with the means available, conscripts may undergo treatment for the condition that caused their temporary incapacitation and be sent for another medical examination at the time their class is inducted. If found to be fit, they will be inducted with the same class.

Art. 56. Conscripts classified as “Unfit B-1” at two medical examinations held for the selection of two different classes, whatever the diagnostic, shall be promptly included in the excess contingent. A notation shall be entered into their CAMs indicating the group in which they have been classified and the diagnostic number, together with the expression “Excess contingent.”

Sole paragraph. Conscripts classified as “Unfit B-1,” based on the same diagnosis or on a different diagnosis at two medical checkups undergone 6 (six) months apart during the selection of the same class, may be sent for prompt inclusion in the excess contingent, at the discretion of the RM, DN or ZAe Commanders, as there are no other needs to be met. One of the checkups may be done at the time of enlistment. Notations identical to those prescribed in this article shall be entered into the respective CAMs, if applicable.

Art. 57. Conscripts classified as “Unfit B-2” shall be promptly included in the excess contingent and the pertinent notations indicated in the preceding articles shall be entered into their CAMs.

Sole paragraph. The rehabilitation of conscripts referred to in this article, as well as of those classified as “Unfit B-1” pursuant to the preceding article and its sole paragraph, shall, at the request of those concerned, be undertaken at once, pursuant to art. 110, paragraphs 1 and 2 hereof.

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Art. 58. Conscripts and volunteers classified as “Unfit C” at any of the medical examinations shall be issued an Exemption Certificate by the authorities indicated in art. 165, paragraph 1 hereof.

Art. 59. Bearers of injuries, handicap, or incurable disease, who are clearly unfit for Military Service, may, at any time after they attain the age of 17 years, apply for the Exemption Certificate to the CSMs or pertinent Navy and Air Force organs, if they live in the country, or to the DSM, DPM or DPAer, through Brazilian Consulates, if they live abroad. These prescriptions apply also to those who live in noncontributing municipalities.

Sole paragraph. The applications referred to in this article shall be accompanied by the requisite documents to prove the alleged condition and it shall be incumbent upon the CSMs or pertinent Navy and Air Force bodies and to the Brazilian Consulates to take the necessary steps to verify the veracity of the allegations, whether directly, through their own organs, or through request to other official bodies available.

Art. 60. Conscripts that are clinically prevented from reporting for selection may apply for the regularization of their military status to the RM, DN or ZAe directly or through the stationary or mobile CMSs, submitting at the same time a medical certificate attesting to their physical or mental deficiency or locomotion impairment. If they are staying in hospitals or specialized clinics, the Director of these establishments must notify the conscripts’ condition to the RM, DN or ZAe, who shall then adopt the pertinent measures.

Art. 61. The Military Ministers shall, through their respective Health Boards, hand down instructions for the medical examination of conscripts, so as to meet the Ministries’ different needs.

Paragraph 1. Said Health Boards shall study the results of the medical examinations done each year, taking into account the requirements of future examinations and the interest the problems may have in respect of the population’s physical condition.

Paragraph 2. The findings of this study shall be conveyed at the same time to the EMFA and the Ministry of Health.

Art. 62. Conscripts who must travel to the selection locations must do so at their own expense.

Art. 63. The annual selection of the contingent shall have the cooperation, at the request of the RM, DN, and ZAe Commanders, of the medical services of federal agencies and, by prior consent and agreement, of the state and municipal medical services, as well of autarchic or mixed-economy entities and of the private sector, with a view to employing the most appropriate medical examination procedures.

Art. 64. Selection for Enrollment in Reserve Training Outfits shall take place at the same time as the selection of the class to be called up, in accordance with the provisions of the Call Plans and of the regulations of the respective Organs.

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Paragraph 1. For this selection, the general prescriptions herein set out shall be followed, whenever applicable.

Paragraph 2. The Selection Commissions for enrollment in the Tiro-de-Guerra [alternative local military training program] may consist of the Tiro-de-Guerra Director, the Military Service District Delegate or by the Tiro-de-Guerra instructor, and a local medical doctor designated by the RM Commander, pursuant to the legislation in force.

CHAPTER NINE

Call and distribution of contingent

Art. 65. Each year Brazilians belonging to a single class and those referred to in art. 111, sole paragraph hereof shall be called for rendering Military Service in the Armed Forces.

Art. 66. The class called shall consist of all Brazilians who shall attain the age of 19 (nineteen) years between January 1 and December 31 of the year in which they must be inducted into an Active List Military Organization or enrolled in a Reserve Training Outfit.

Paragraph 2. Active List Military Organization shall mean Autonomous Units, Departments, Establishments, Ships, Naval and Air Force Bases, and any other tactic or administrative units that form part of the Army, Navy, and Air Force’s organic whole.

Paragraph 2. Reserve Training Outfit is the generic denomination assigned the outfits devoted to training officers, noncommissioned officers, and soldiers for the Reserve.

Paragraph 3. The cadre-subunits in charge of training specialist soldiers, rank noncommissioned officers, and specialists for both the active list and the reserve shall be considered as an Active List Military Organization or a Reserve Training Outfit, as the case may be.

Art. 67. The call for entry-level Military Service shall be regulated annually by the General Conscription Plan prepared by the EMFA, with the participation of the Military Ministries, in which the following shall be specified:

(1) Class to be called;

(2) Times of selection and induction or enrollment of conscripts;

(3) Municipalities contribution with conscripts, pursuant to the provisions of arts. 35, 36, and 37 hereof;

(4) Distribution of contingents, according the needs of the Military Ministries; and

(5) Other necessary prescriptions.

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Paragraph 1. The General Conscription Plan for entry-level Military Service shall be issued in May of the year in which the class to be drafted attains the age of 18 (eighteen) years. In this connection, the Military Ministers shall submit their proposals to EMFA in April of the same year.

Paragraph 2. The municipalities’ contribution of conscripts shall be specified in an Annex to the General Conscription Plan for distribution to the concerned Ministries.

(…)

Art. 74. Once they have satisfactorily met the selection requirements, Brazilians shall be considered as drafted for incorporation or enrollment and:

(1) Shall be assigned to their destination: or(2) Shall be included in the excess contingent.

Paragraph 1. Their CAMs shall be returned to them, annotated as follows:

(1) with the expression “Assigned for induction (or enrollment) and the date and place for reporting to finalize the procedure; or

(2) with the expression “Excess contingent” and the corresponding revalidation of the CAM through December 31 of the year in which their class is to be inducted.

Paragraph 2. Brazilians who are selected by Navy or Air Force bodies and who have exceeded these Forces’ induction or enrollment needs, after the necessary additions, shall be instructed to report to the Army’s selection bodies for possible induction or enrollment with their class.

Paragraph 3. The excess conscripts’ reporting referred to in the preceding paragraph shall be done so that they may participate in the Army’s selection of their class or at least in the selection for the first period of their class’s induction.

Paragraph 4. Those in the preferential category referred to in art. 69 hereof shall be exempted from this reporting, at the discretion of the respective Force.

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CHAPTER TEN

Induction

Art. 75. Induction is the act whereby conscripts or volunteers are included in an Active List Military Organization of the Armed Forces.

Paragraph 1. Induction for rendering entry-level Military Service may be done in more than one period in all or some of the RMs, DNs, or ZAe(s) or Armed Forces Organizations, as proposed by the Military Ministers and indicated in the General Conscription Plan and regulated in the related documents.

Paragraph 2. All Brazilians who, after being selected, have been called for induction and been assigned a destination shall be subject to induction.

Paragraph 3. Those who are thus called but fail to report themselves at the appointed time at the destination to which they have been assigned shall be declared draft dodgers.

Art. 76. To the extent possible, conscripts shall be inducted into an Active List Military Organization located in their home municipality.

Art. 77. Each Military Organization shall be assigned a contingent equal to its induction requirements, with the addition of a variable percentage to be set by the Regional Conscription Plans and by the instructions issued by the DN(s) and ZAe(s) to fill gaps arising from any reason.

Art. 78. Active List Military Organizations may do a complementary selection of the conscripts assigned to them for selecting those they will induct.

Paragraph 1. Those that exceed the Organization’s requirements shall be included in the excess contingent pursuant to art. 74, paragraph 1 hereof.

Paragraph 2. The complementary selection referred to above shall include a new medical examination and shall follow particular instructions issued by the RM, DN, and ZAe Commanders.

Art. 79. During the induction periods, organizations shall be designated in each RM, DN, and ZAe where stationary CSs will receive and select conscripts of the called class and of previous classes that are still in noncompliance with the Military Service.

Paragraph 1. In the Army, the CSs shall also receive conscripts who have exceeded the requirements of the Navy and the Air Force, pursuant to art. 74, paragraph 2 hereof, bearing documents indicating the selection results, and will grant them the treatment prescribed in the Regional Conscription Plans.

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Paragraph 2. The CSs shall also submit to evaluation those who have been classified as “Unfit B-1” for Military Service at the previous medical examination, pursuant to art. 55, paragraphs 1 and 2 hereof.

Art. 80. When they report themselves or are seized, draft dodgers and deserters shall be obligatorily inducted or re-included if they pass the medical examination and are deemed apt for Military Service. Induction or re-inclusion shall be, in principle, into the Military Organization to which they had been previously assigned.

Sole paragraph. Those who have been acquitted by the proceedings and those convicted who have served their sentence shall complete or render the early-entry Military Service, save as provided in art. 140, paragraph 5 hereof.

Art. 81. Draft dodgers and deserters who fail the medical examination referred to in the preceding article shall be subject to special legislation.

Art. 82. Induction into Active List Military Organizations shall give priority to:

(1) Conscripts who, having been assigned for induction or enrollment to an RM, DN, or ZAe, transfer their residence to the territory of another RM, DN, or ZAe.

(2) Conscripts from previous classes who have obtained the deferment of their induction for enrolling in Reserve Officer Schools, Centers, or Courses or in public or accredited Educational Institutions for the training of medical doctors, dentists, pharmacists, or veterinarians, but did not meet the enrollment requirements or failed to report within the prescribed period of time.

(3) Those who, having obtained the deferment of their induction because they had been inducted into or enrolled in Military Police Officers and Fire Brigade Training Courses, have interrupted their courses before the end of one year and are not entitled to enrolling again, and those who have at any time interrupted their studies at Educational Institutions for the training of medical doctors, dentists, pharmacists, or veterinarians, provided they have not been able to enroll in a Reserve Training Outfit.

(4) Those who are Brazilian by naturalization or by choice, provided the latter have been educated abroad; and

(5) Those who have achieved the best selection results.

Art. 83. Under equal conditions, induction priority shall be given to:

(1) Deserters;(2) Other Brazilians belonging to previous classes, who are still in noncompliance

with the Military Service;(3) Brazilians by choice who have been educated in Brazil; and(4) Those accorded preferential status.

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Art. 84. To be inducted in accordance with the provisions of arts. 82 and 83 hereof, conscripts must be under 30 years of age and be deemed apt after medical examination.

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CHAPTER ELEVEN

Enrollment

Art. 85. Enrollment is the act whereby conscripts or volunteers are admitted to a Reserve Training Outfit or to some other Active List Military Organization –School, Center, or Course for the Training of active list military personnel.

Sole paragraph. The specific conditions for enrollment in said Organizations will be set out in the respective regulations. Under no circumstance, enrollment in the year in which the enrollee attains the age of 17 (seventeen) years shall be valid for rendering Military Service, in view of the minimum age set in art. 20 hereof.

(…)

CHAPTER TWELVE

Excess or shortage of contingents

Art. 93. Those called for induction or enrollment, who for any reason are not inducted into the Active List Military Service Organizations or enrolled in Reserve Training Outfits shall form part of the excess contingent and shall be listed in the CSMs or corresponding organs of the Navy and Air Force.

Paragraph 1. The excess contingent shall serve, during the rendering of entry-level Military Service, to complement or re-complement or add to the strength of the Organizations with shortage of men or that may be created.

Paragraph 2. The excess of contingent shall consist of Brazilians residing in contributing municipalities, who:

(1) Were deemed fit at the selection and who could not be assigned to a destination for induction or enrollment because they exceeded the needs;

(2) Were classified as “Unfit B-1” for Military Service, pursuant to art. 56, Sole paragraph, or “Unfit B-2,” pursuant to arts. 57; 139, paragraph 4(2); and 140, paragraph 6 hereof; and

(3) Were over 30 (thirty) years of age and in noncompliance with the Military Service, regardless of the penalties to which they might be subject.

Art. 94. In case of shortage of men to meet the normal induction or enrollment requirements within the RM, DN, and ZAe territories, the following measures may be taken:

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(1) Acceptance of volunteers;(2) Transfer of conscripts within the same Military Service Zone; and(3) Extension of the duration of Military Service established in Art. 21, paragraph

21 hereof.

Art. 95. Those included in the yearly excess of contingents, who are not called for induction or enrollment by December 31 of the year designated for their class to render entry-level Military Service shall be exempted from incorporation or enrollment and shall be entitled to the Induction Exemption Certificate as of that date.

Sole paragraph. Those to whom art. 93, paragraphs 2 and 3 hereof apply shall promptly receive said Certificate upon their inclusion in the excess of contingents.

(…)

CHAPTER TWENTY

Volunteers

Art. 127. The Military Ministers may at any time of the year authorize the acceptance of volunteers, whether they are reservists or not, to meet normal, occasional, or specific need of the Armed Forces.

Paragraph 1. A volunteer may be accepted as of the year in which he attains the age of 17 (seventeen) years, and may come from any municipality, whether contributing or noncontributing, and from all or from certain RMs, DNs or ZAe(s).

Paragraph 2. The acceptance of volunteers shall be authorized by the concerned Military Minister, who shall specify the conditions of the service to be rendered, the attendant duties, as well as the rights to be ensured to volunteers.

Paragraph 3. Volunteers that might be accepted may include some residents of contributing municipalities who want to anticipate their entry-level Military Service. If these volunteers cannot be taken up, they shall not be included in the excess of contingents and shall report for their class’s selection.

Paragraph 4. If the supply of volunteers in a given area of the country is on such a significant scale that might reflect on the interests of the other Armed Forces, the concerned Military Ministry shall consult with the other Ministries and, if needed, refer the matter to the EMFA’s coordinating initiative.

(…)

CHAPTER TWENTY-TWO

Interruptions of the Military Service

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Art. 138. Active service in the Armed Forces shall be interrupted by:

(1) Annulment of induction;(2) Discharge;(3) Expulsion: and(4) Desertion.

Sole paragraph. The provisions of this Chapter shall apply, if pertinent and in accordance with specific legislation, to the inductees that are rendering Military Service under other forms and at other stages as provided in Title VI hereof.

Art. 139. The annulment of induction can take place at any time if recruiting irregularities are detected, including irregularities related to selection.

Paragraph 1. It shall be incumbent upon the competent authority, the Commanders of Military Organizations, the RMs, DNs, or ZAe(s) to determine, through internal investigation or Military Police Investigation (IPM), whether the irregularity anteceded the date of induction, and who was responsible for it.

Paragraph 2. If it is determined that the irregularity or its cause anteceded the date of induction, the induction shall be annulled, and the inductee shall have no recourse to the State. Moreover:

(1) If it is determined that the inductee himself was responsible for the irregularity, he shall incur a fine pursuant to art. 179 (2) hereof, independently from other sanctions applicable to the case; or

(2) If it is determined that the responsibility for the irregularity falls upon any individual who carried out the recruiting, this individual shall incur the pertinent fine or fines, without detriment to the sanctions applicable, in case of the commission of crime or disciplinary infractions;

Paragraph 3. The annulment shall be determined by the authority that carried out the induction, provided it was not responsible for the irregularity, and by higher authorities.

Paragraph 4. The status of Brazilians whose induction has been annulled shall be as follows:

(1) In the case of moral incapacity or injury, disease, or handicap that makes them definitively unfit (“Unfit C”), they shall be considered exempt from Military Service;

(2) If classified as “Unfit B-2”, they shall be entitled to promptly receiving the Induction Exemption Certificate, after being included in the oversupply of recruits. Their reinstatement may be done pursuant to art. 57, Sole paragraph hereof;

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(3) Breadwinners shall be dispensed, based on documents other than the regular ones;

(4) Residents in contributing municipalities who anticipate their Military Service, based on documents other than the regular ones;

(a) If they do not attain the age of 17 (seventeen) years in the year they are inducted, they will be given back their CAM, with the notation to report again with their class;

(b) If they attain the age of 17 (seventeen) years in the year they are inducted, they may, at the discretion of the Military Organization’s Commander, continue to serve, in which case their induction shall not be annulled.

(5) Those who have concealed their level of education or intellectual preparation so as to avoid being assigned to a Reserve Training Outfit shall be enrolled in said outfit with the first class to be inducted thereafter, and will be given back their CAM with the pertinent notation;

(6) In case of detection of other irregularities, simple or combined, that have led to the induction’s annulment, the inductee’s situation shall be defined pursuant to the applicable provisions hereof.

Paragraph 5. In case the irregularity is due to an “Unfit B-1” classification, the induction shall not be annulled and the inductee shall be subject to treatment, as the case may be.

Paragraph 6. If the internal investigation or the Military Police Investigation referred to in paragraph 1 of this article finds that the irregularity took place before the induction date, or if it is not proven that it pre-existed, the induction shall not be annulled and the provisions of art. 140 and its paragraphs hereof shall apply to the inductee.

(…)

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CHAPTER TWENTY-THREE

Release

(…)

Art. 147. Volunteers shall end their time of service at the expiration of the term to which they have obligated themselves, pursuant to art. 172 hereof.

(…)

CHAPTER THIRTY-SEVEN

Final Provisions

Art. 239. For the purposes of the Military Service, a minor civilian’s incapacity shall end on the day he attains the age of 17 (seventeen) years.

Sole paragraph. Volunteers who have not yet attained the age of 17 (seventeen) years at the time of induction or enrollment must submit a valid document proving the consent of his parents or guardian.

(…)

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ANNEX 4 – PERTINENT PROVISIONS OF THE GENERAL INSTRUCTIONS FOR THE MEDICAL EXAMINATION OF ARMED FORCES CONSCRIPTS

GENERAL INSTRUCTIONS FOR THE HEALTH EVALUATION OF CONSCRIPTS IN THE ARMED FORCES

(Approved by Decree No. 60822 of June 7, 1967 and amendments)

CHAPTER FOUR

(Text of Decree No. 703 of 1992)

Technical Instructions

13. Technical instructions for the health evaluation of conscripts, volunteers, and applicants for enrollment in Reserve Training Outfits.

13.1 –General Norms for Health Evaluation by Health Evaluation Panels (JIS)

13.1.1 – The methodology for carrying out the health evaluation of conscripts shall depend on the selection’s objective.

13.1.2 – The health evaluation for the screening selection, both general and supplementary, shall be carried out by the JIS’s pursuant to the following guidelines:

(a) Evaluation for the screening selection: it is done at the same location as enlistment. Its purpose is to release those that are clearly unfit (“Unfit C”), as shown by a summary psychological and physical examination.

It may be done by a civilian medical doctor attached to a federal agency or by a specially contracted medical doctor.

(b) Evaluation for the general and supplementary selection. It is done in the second semester of the year preceding induction or enrollment (Chap. I, (3.2) (3.2). It shall consist in as thorough as possible a physical and psychological examination; complementary tests may be requested for diagnostic clarification;

(c) Evaluation for the general and supplementary selection. It consists in the medical review carried out by the Military Organization’ health service (Chap. I, (3.2) and (3.2) during the period prior to induction or enrollment. It shall include the complementary exams possible, taking into consideration the regional priority and those that are indispensable, pursuant to item 13.4.16 of this Chapter.

This medical review cannot change the JIS decision; it can only opine against induction or enrollment. If a definitive incapacity is detected (“Unfit C”), the evaluation subject shall be directed for further health examination by the Navy’s Regular Health Panels (JRS), the

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Army’s Garrison Health Evaluation Panels (JISG), or the Air Force’s Health Regular Panels (JRS), according to the pertinent Force, with a view to changing JIS’s decision.

(d) The JISs shall make the effort to arrive at clearly defined diagnostics. Exceptionally, in case of definitive incapacity owing to ill-defined symptoms, lesions, syndromes, and signs, the JISs shall also explain their opinion, indicating the location, the side, and other information deemed necessary to justify said opinion.

13.2 – To pass a judgment on the conscripts’ aptitude or incapacity, the JISs shall observe the prescriptions contained in the following annexes to this IGISC:

I – Health Evaluation of Conscripts or Volunteers for the Reserve Officers Training Outfits;

II – List of Diseases, Lesions, and Morbid Conditions Leading to the Definitive Exemption from Military Service in the Armed Forces of Conscripts and Volunteers Assigned to Reserve Officers Training Outfits;

III – Minimum Indexes of Conscripts’ Aptitude for Military Service services in the Armed Forces; and

IV –Height, Weight, and Thorax Measurements Table.

13.3 – Conscripts and Volunteers should be examined particularly in respect of:

(a) Family antecedents: tuberculosis, cancer, alcoholism, and mental disorders;

(b) Personal antecedents: birth conditions, school life, childhood illnesses, venereal diseases, convulsions, traumatisms, and surgeries.

13.4 – Exams shall follow the following order:

(a) Checking against the “Height, Weight, and Thorax Measurements Table” (Annex IV);

(b) Maximum and minimum thorax measurements shall be taken with a metric tape placed horizontally around the thorax at the height of the nipples during inspiration and expiration, respectively;

(c) Average thorax measurement equals the sum of the maximum and minimum measurements divided by two; and

(d) Great span is the distance between the tips of the middle finger, measured with the arms opened wide.

13.4.2 – Ear examination:

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(a) The external ear and the mastoid shall be examined by inspection and palpation. The external auditory meatus and the tympanic membrane shall be examined by reflected light or through the otoscope. Cerumen, if it occurs, should be removed before the examination;

(b) The anomalies of the auditory meatus and the tympanic membrane should be checked for infections, tumors, and acquired or congenital deformities of the external ear;

(c) Hearing acuity shall be determined by the whispering voice test: the subject being tested shall be stationed at 5 (five) meters from the examiner, with the ear to be tested turned to the examiner, and covering the other ear with the hand. The examiner shall pronounce a few words or numbers in a whispering voice. The result shall be expressed by 0 to 5, depending on the distance in meters, at which the words are recognized;

(d) Exceptionally, if indicated and if technically possible, audiometry shall be used;

(e) The results of the whispering voice test or the audiometry shall be checked against the indexes shown in Annexes I, II, or III, as the case may be.

13.4.3 – Eye examination:

(a) The eye examination shall consist in the verification, through inspection of alterations, such as ocular asymmetry (position, size, color, rima palpebrarum) potosis palpebrarum, pterygium, strabismus, signs of infection, ulceration, tumors, cysts, opacities, degeneration, traumatism or burn sequelae, congenital defects, nystagmus, entropion, ectropion, tearing alterations, pupil reflexes, etc., as well as checking of the intra-ocular pressure by palpation;

(b) For the sake of language uniformity and to facilitate judgment, the Snellen or Decimal scales shall be used for evaluating visual acuity from afar and the Jaeguer scale for evaluating visual acuity from near;

(c) Color vision shall be determined through the use of pseudo-isochromatic plates. Results shall be checked against the indexes shown in Annexes I, II, and III.

13.4.4 – Nose, larynx, and pharynx examination:

Checking for congenital deformities, tumors, sequelae from traumatism or chemical agents, infections, functional breathing, phonation, and deglutition deficiencies, fistulae, tonsillae hypertrophy, etc.

13.4.5 – Teeth and mouth examination:

Note shall be taken mainly of congenital deformities, functional mastication deficiencies, oral hygiene, cavities, infections, malocclusion, tumors, restorations, unsatisfactory prosthesis, etc.

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13.4.6 – Head and neck examination:

Checking for anomalies, malformations, loss of substance, fistulae, atrophies, abnormal movements, cysts, tumors, scars, lymph node hypertrophy, goiter, etc.

13.4.7 – Respiratory apparatus examination:

(a) The thorax shall be examined by the semiological methods possible;

(b) Intradermal reaction for BK (PPD) is obligatory in the complementary selection; radiological exams (abreugraphy or teleradiography) are admitted in doubtful cases. Only insignificant radiological alterations free of functional repercussions, definitely without evolving morbid potential shall be tolerated;

(c) Checking for thoracic anomalies, traumatism sequellae, congenital or acquired defects. Checking also for the occurrence of dyspnea and other signs of respiratory insufficiency, infections, bronchial asthma, etc.

13.4.8 – Examination of the circulatory apparatus:

(a) Shall consist of cardiac auscultation, recording the number of pulsations, simple effort test if necessary, and obligatory checking of the arterial pressure in all phases of the medical screening;

(b) Investigation, in particular, of the occurrence of congenital or acquired cardiopathies. Heart murmurs should be carefully evaluated;

(c) Importance shall also be given to rhythm disturbances, alterations in the cardiac area, symptomatic arterial hypotension, arterial hypertension, and peripheral vascular diseases;

(d) For the examination of the circulatory apparatus, clinical history is very important;

(e) In regions where the Chagas disease is endemic, specific serologic test shall be done, pursuant to 13.3.16.

13.4.9 – Examination of the digestion apparatus:

(a) Checking for wall anomalies (hernias, fistulae, tumors, scars) through inspection and palpation. Megaviscera, prolapse, hemorrhoids, anal fissures, etc. should be investigated;

(b) Clinical history is important in this phase, particularly in respect of surgeries, infections, functional disturbances, hospitalizations, etc.

13.4.10 – Examination of the genitourinary tract:

(a) Checking for anomalies, defects, and malformations of the external genitalia, such as, anorchidism, hypospadias, phimosis, etc;

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Checking for tumors, infections, fistulae, sexually transmissible disease, cryptorchidism, varicocele, and other disturbances that are demonstrable by urinalysis, if applicable, or through anamnesis.

(b) Genitourinary diseases should be thoroughly investigated, owing to their high frequency in this age bracket.

13.4.11 – Examination of the skin and subcutaneous cellular tissue:

(a) It shall be done with the naked patient standing in front of the examiner, and showing him the front, back, and sides of the body, successively;

(b) Checking particularly for infections, ulcerations, tumors, scars that may hinder the wearing of military uniform and equipment, lesions consistent with Hansen’s disease (pain sensitivity to a pin prick test), vascular moles, edemas, mycoses, eczemas, tattoos, etc.

13.4.12 – Examination of the bones, muscles, and ligaments:

(a) The normality of these systems is fundamental for good performance of military activities. Accordingly, examination in this stage must be absolutely strict;

(b) Full mobility of joints must be checked;

(c) Checking for traumatic, degenerative, or inflammatory lesions, deformities, old fractures, luxations, amputations, edemas, handicaps, gait alterations, etc;

(d) The following exams are obligatory, owing to the frequent pathological findings in practice:

13.4.12.1 – Feet examination:

(a) Checking for deformities or any alterations in the normal structure of the feet, such as missing toes, hyperdactilism, syndactilism, anomalies of the pelmatic arch, etc;

(b) Initially, false flatfoot of adults who habitually go barefoot should not be considered as pathologic, as the flat aspect is caused by the development of the soft parts. What is important is to determine whether the feet preserve their aesthetics and if the muscles, ligaments, and tendons are dynamically preserved, indicating the candidate’s aptitude.

13.4.12.2 – Examination of the axis of the lower limbs:

Varus deviation that does not compromise a martial attitude is not incapacitating.

13.4.12.3 – Examination of the knees:

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Checking of ligament lesions, the occurrence of painful points at meniscus movement, blockage, and hydrarthrosis.

13.4.12.4 – Examination of the lower limbs’ length:

When there is a difference in the length of the lower limbs, the shoulder on the side of the shorter limb is lower than the other, and pelvis basculation and scoliosis occur.

13.4.12.5. – Examination o f the upper limbs:

(a) Checking for deformities or any other structural alterations in the hands; the subject must flex and extend his fingers, holding an object first with the thumb and index finger and then with the entire hand;

(b) Checking also for recidivistic shoulder luxation, winged scapula, elbow deformities, and alterations in the mobility of the shoulders, elbows, and wrists.

13.4.12.6 – Examination of the vertebral column:

(a) Checking for scoliosis, kyphoscoliosis, kyphosis, hyperlordosis, and other deformities, such as hemivertebra, spondylolysis, spondylolisthesis, etc;

(b) It should be recalled that postural and physiological scolioses or light curvature, attributable to greater use of an upper member, are not incapacitating.

3.4.13 – Neurological examination:

(a) Checking for abnormal gait, associated movements, lateral deviations, occurrence of involuntary movements, etc., as the examinee walks a certain distance on a straight line, first with open, then with closed eyes;

(b) Checking for restlessness, arms deviations, tremors, involuntary movements, etc, as the examinee stands upright, with feet together and arms extended forward;

(c) Checking for hypoplasia, hypertrophies, muscle asthenia, etc, pupil diameter and reflexes, strabismus, nystagmus, ptosis palpebrarum, and eye, tongue, and facial movements;

(d) Checking for sensitivity (digital pinching, pointed instrument, etc.), on various points: forehead, face, wrist, knee, ankle, etc., as well as all osteotendinous reflexes.

13.4.14 – Psychiatric examination:

(a) During the anamnesis and the physical examination, experts should gather information on which to base their evaluation of the examinee’s mental and psychic condition, such as speed of comprehension, memory, reasoning, affectivity, will, behavior, etc.;

(b) Checking for tachycardia, cardiac erethism, palmar sudoresis, excessive paleness or redness, and other signs of heightened emotivity;

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(c) It should be noted that speech impediment is incapacitating, if it is incompatible with military functions;

(d) Checking of the examinee’s social background: family set-up, original background, school performance and adaptation and symptoms suggesting the use of drugs liable to cause physical or psychic dependence, whose occurrence should be entered into the Selection Form.

13.4.15 – Examination of the endocrinous system:

(a) Ectoscopy and anamnesis are important; checking for nutritional deficiencies, alterations in physical development, as signs of the most frequent pathologies liable to affect this system;

(b) Particularly important are manifestations of hidden or evident disendocrinism.

13.4.16 – Complementary exams:

133.16.1 - Requesting of complementary exams shall depend on: the phase and type of selection, clinical indication, and local availability.

13.4.16.2 – At inspections for screening, general, and supplementary selection, such exams are optional.

13.4.16.3 – At inspection for complementary selection, the following exams are mandatory:

(a) Intradermal reaction to test sensitivity to BK (PPD), done at a Military Health Organization or Public Health clinic;

(b) The same complementary exams required for active list personnel and for the inspection of conscripts assigned to special troops or for the performance of particular activities, according to the regulations of each Force (for example, parachutist, diver, air or jungle activities, etc.).

(c) The complementary exams that, owing to clinical or epidemiological indications, are mandatory for arriving at an opinion, such as routine urinalysis (suspicion of nephropathy); parasitological stool and/or specific serologic test (in zones where schitosomiasis and/or Chagas disease are endemic), etc.

13.4.16.4 – Observation: at a complementary selection, whenever possible, whether with own resources or under agreements of mutual interest with hemotherapy services, complete hematological screening should be done: hemoanalysis, serologic tests for Lues, Chagas disease, viral hepatitis, HIV/AIDS, etc.

14. Diagnostics:

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14.1 – Diagnosed diseases, affections, syndromes, lesions, morbid disturbances, or physical defects should be entered with greater clarity and written in full, preceded by the corresponding numbers of the international disease classification in force.

14.1.1 - If no disease or physical defect is detected or if detected but deemed to be insignificant for the evaluation, instead of the diagnostic, the expression Absence of Anomalies at the Clinical Examination should be entered.

14.1.2 – If a physical defect or disease compatible with the Military Service is detected, it should be mentioned in the diagnostic, with the addition of the expression Compatible with Military Service.

14.3 – In case of detection of a disease that causes definitive incapacity for the Military Service, the incapacitating disease should be on the “List of diseases, lesions, and morbid conditions justifying the Definitive Exemption of Conscripts and Volunteers for Military Service in the Armed Forces, including those assigned to the Reserve Officer Training Outfits” (Annex I). The disease’s corresponding classification number shall be entered by the medical examiner into the Diagnostic column of Book of Health Inspection Records, followed by the diagnostic written in full, as for example: 030.0 – Virchow’s morphea).

14.1.4 – On the copies of the health examination records or equivalent documents, the classification number but not the diagnostic written in full shall be entered, except for copies meant to form part of proceedings or for judiciary or disciplinary purposes, in which case the full diagnostic should be entered, without the classification number. In the latter case, the document shall be marked as Confidential. The diagnostics written in full on copies of the records shall not be published in the Daily or in the Internal Bulletin or other publicity documents.

15. – Opinions

15.1 – Panel opinions or findings shall be expressed as follows:

(a) Fit A – if the examinees meet regulation requirements, being in vigorous physical condition. Hey may present small lesions, physical defects or diseases, provided these are compatible with the Military Service;

(b) Unfit B-1 – if examinees are temporarily incapacitated by diseases, lesions, or physical defects from which they can recover in a short period of time. For the purposes of the Military Service, this period may be of up to 1(one) year;

(c) Unfit B-2 – if the examinees are temporarily incapacitated by diseases, lesions, or physical defects from which they can recover after a long period and/or which advise against their induction or enrollment. For the purposes of the Military Service, this period may exceed 1 (one) year;

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(d) Unfit C – if examinees are found to be definitively incapacitated (irrecoverable) by diseases, lesions, or physical defects deemed incurable or incompatible with the Military Service.

15.2 – Observation: the findings of temporary or definitive physical incapacity refer solely to the requirements for the rendering of Military Service and have no implication as to the subjects’ aptitude or incapacity for the exercise of civilian activities.

16. – Observations:

16.1 – Into the Observations column of the Book of Health Inspection Records the following information shall be entered: 1st or 2nd inspection, 1st or 2nd period, the purpose of the inspection (induction or enrollment), and the exceptional inspection done by a single medical doctor, as the case may be (“2nd period” corresponds to “Supplementary Selection”).

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ANNEX 5 – Relevant provisions of the Military Penal Code

MILITARY PENAL CODE

Decree-law No. 1002 of October 21, 1969 as amended)

(…)

Art. 22 – For the purposes of enforcement of this Code, any person that, in times of peace or in war time, inducted into the Armed Forces to serve in them at a post or rank, or subject to military discipline, shall be considered a military.

(…)

Art. 50 – A minor under the age of 18 years shall not be legally liable, unless he has attained the age of 16 years, demonstrates sufficient psychic development to understand the illicit nature of the fact and to act accordingly. In such a case, the applicable penalty shall be reduced by one third down to a half.

Art.51 – Although they may not have yet attained the age of 18 years, those who fit the following categories are deemed to have attained it, namely:

(a) The military;

(b) Those called, who report for induction, or who, having been temporarily dispensed, fail to report themselves at the expiration of their leave; and

(c) The students at schools or other educational institutions under military management and discipline, who have attained the age of 17 years.

(…)

Desertion

Art. 187 – If a military absents himself for more than eight days, without permission, from the unit in which he serves, or from the location where he should stay:

Penalty – Detention for six months to two years; if an officer, the penalty shall be aggravated.

Similar cases

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Art. 188 – The same penalty shall apply to a military that:

I – Fails to report at the designated location within eight days from the expiration of his transit or vacation period;

II – Fails to report himself to the competent authority within eight days from the date of expiration or cancellation of his leave or nonduty status, or of a state of siege or war declaration;

III – Fails to report himself within eight days from having served his sentence;

IV – Obtains his exclusion from active service or nonduty status by effecting or simulating incapacity.

Art. 189 – In the case of crimes under Arts. 187 and 188, I, II, and III:

Especially mitigating circumstance

I –If the agent voluntarily reports himself within eight days after the crime has been committed, the penalty shall be reduced by half; it shall be reduced by one third, if he reports himself after more than eight days, but within sixty days.

Especially aggravating circumstance

II – If desertion occurs in a unit stationed on the border with a foreign country, the penalty is aggravated by one third.

Especial Desertion

Art. 190 – When a military fails to report himself at the time of a ship’s or an aircraft’s departure, or of a unit’s or force’s deployment.

Penalty – Detention for up to three months if, after the departure or deployment, he reports himself within twenty-four hours to the military authority of the place or, in its absence, to the police authority, so that his reporting will be communicated to the competent military command.

Paragraph 1 – If he reports himself within a period of more than twenty-four hours but not in excess of five days:

Penalty – Detention for two to eight months.

Paragraph 2 – If within a period of five days but not in excess of eight days:

Penalty – Detention for three months to on year.

Paragraph 3 – If over eight days:

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Penalty – The penalty shall be increased by one third, in the case of a sergeant, second lieutenant, or warrant officer, and by one half, in the case of an officer.

Plotting desertion

Art. 191. In the case of plotting desertion from the military:

I – If desertion is not consummated:

Penalty – Detention for three months to one year.

Complex modality

II – If desertion is consummated:

Penalty – Confinement for two to four years.

Desertion by evasion or flight

Art. 192. When a military evades from under an escort, or from the detention premises or prison, or flees after committing a crime so as to avoid arrest, and remains a fugitive for more than eight days:

Penalty – Detention for six months to two years.

Abetting a deserter

Art. 193. Harboring a deserter or hiring him or providing him with or facilitating transportation for him or a means of hiding, having grounds to know that he has committed one of the crimes referred to under this Chapter:

Penalty – Detention for four months to one year.

Exemption from penalty

Sole paragraph. The favorer who is an ascendant, descendant, spouse, or sibling of the deserter shall be exempted from penalty.

Omission by an Officer

Art. 194. When an officer fails to take action against a deserter, knowing, or having the obligation of knowing that the deserter is someone under his command:

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Penalty – Detention for six months to one year

(…)

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ANNEX 6 – Relevant provisions of the Law 9394 of December 20, 1996 (Law on the Base and Guidelines for National Education) and to Law 9786 of February 8, 1999 on Education in the Army

Law 9394 of December 20, 1996

Establishing guidelines and bases for national education

THE PRESIDENT OF THE REPUBLIC

Know all men by these presents that the National Congress decrees and I sanction the following law:

TITLE I

Education

Art. 1. Education shall encompass the formative processes that take place through family life, human coexistence, educational and research institutions, social movements, civil society organizations, and cultural manifestations.

Paragraph 1. The present law disciplines school education that takes place, predominantly, through teaching at appropriate institutions.

Paragraph 2. School education should be linked to the labor world and to social practice.

TITLE II

Principles and Objectives of National Education

Art. 2. The purpose of education, a family and State obligation, inspired on the principles of liberty and on the ideals of human solidarity, is the full development of the learner, his preparation for the exercise of citizenship, and his qualification for work.

Art. 3. Teaching shall be done on the basis of the following principles:

I – Equality of conditions of access to and permanence in school;

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II – Freedom to learn, teach, research, and disseminate culture, thinking, art, and knowledge;

III – Pluralism of ideas and pedagogical concepts;

IV – Respect for freedom and valorization of tolerance;

V – Coexistence of public and private educational institutions;

VI – Tuition-free education at public institutions;

VII – Valorization of school teaching professionals;

VIII – Democratic management of public education pursuant to the present law and to the legislation on educational systems;

IX – Guarantee of quality standards;

X – Valorization of experience out of school; and

XI – Linking of school education, work, and social practices.

(…)

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LAW 9786 OF 8 FEBRUARY, 1999

Providing for Education in the Brazilian Army and making other provisions

THE PRESIDENT OF THE REPUBLIC

Know all men by these presents that the National Congress decrees and I sanction the following law:

(…)

Art. 7. The Army’s Educational System shall maintain, in addition to the military educational modalities proper to the Army, preparatory, welfare-oriented elementary and secondary education at Military Schools, pursuant to the pertinent federal legislation, safeguarding its peculiarities.

Paragraph 1 – Preparatory, welfare-oriented elementary and secondary education may be provided in cooperation with other Ministries, state and municipal governments, and private institutions.

Paragraph 2 – Military Schools maintain a disciplinary regime of an educational nature, compatible with their activity in providing preparation for a military career.

Art. 8. Youth and Adult Education, also in addition to the military educational modalities proper to the Army, as provided by the Brazilian Army, shall seek to improve the schooling level of its human resources, shall conform to the pertinent federal legislation, and shall be provided in cooperation with other Ministries, state and municipal governments, and private institutions.

(…)

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ANNEX 7 - Relevant provisions of Military Schools Regulations (R-69)

MILITARY SCHOOL REGULATIONS (R-69)

TITLE I

PURPOSE OF THE MISSION

CHAPTER ONE

PURPOSE

Art. 1. The purpose of these Regulations is to set forth common precepts applicable to Military Schools.

Art. 2. Military Schools are elementary and secondary educational institutions whose purpose is to offer Preparatory and Welfare-oriented Education.

Paragraph 1 – Military Schools form part of the Brazilian Military Schools System (SCMB), which is one of the subsystems of the Army’s Educational System.

Paragraph 2 – Military Schools come directly under the Preparatory and Welfare-oriented Education Directorate (DEPA) and their purpose is:

I – As regards Preparatory Education, to prepare:

(a) On a priority basis, candidates for admission to the Army’s Cadet Preparatory School (EsPCEx); and

(b) Candidates for admission to other military and civilian higher education institutions.

II – As regards Welfare-oriented Education, to assist:

(a) Dependents of career military, giving priority to dependents of members of the Army;

(b) Dependents of civilians, subject to admission selective exams.

CHAPTER II

MISSION

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Art. 3. The Military Schools’ mission is to provide basic education at the elementary level, from the 5th through the 8th grade, and at the secondary level, from the 1st through the 3rd

grade.

Sole paragraph – Teaching at Military Schools is done in accordance with the federal legislation on national education and with the laws and regulations in force in the Army, as applicable, particularly with respect to the norms and guidelines handed down by the Education and Research Department (DEP), the body in charge of education in the Army.

Art. 4. The educational activity at Military Schools is consistent with the values, customs, and traditions of the Brazilian Army and has the following pedagogical objectives:

I – To help students to develop attitudes and to assimilate family, social, and patriotic values conducive to a future as patriotic citizens conscious of their rights and duties, whatever the professional field of their preference;

II – To enable students continuously to seek and pursue relevant information;

III – To develop in students a critical view of political, economic, historical, social, scientific, and technological phenomena, preparing them for life and not merely for passing exams;

IV – To prepare the students for reflecting on and understanding phenomena, instead of merely committing them to memory;

V – To enable students to assimilate fundamental prerequisites for continuing to pursue their academic studies instead of superfluous knowledge that is an end in itself;

VI – To encourage students to engage in the sound practice of physical activity, aimed at their physical development, and in the practice of sports; and

VII – To waken in them the vocation for a military career.

Art. 5. Male students that conform to the Military Service legislation may enroll in the Reserve Training Outfits (CFR), which follow specific norms.

TITLE II

ORGANIZATION

CHAPTER ONE

OVERALL ORGANIZATIONAL STRUCTURE

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Art. 6. The general organization of the Military Schools varies according to individual school standards and is structured as follows:

I – Director of Education

II – Educational Subdirectorate / Educational Division

III – Student Body (CA);

IV – Administrative Division (Div Adm);

V – Personnel Division (Div Pes) (in standard I and II Schools); and

VI – Other bodies, depending on the characteristics of each School, as defined in their respective organizational charts.

Sole paragraph – The classification of a School according to standards I to VI is based on its physical capacity and human and material resources, in accordance with a DEP Administrative Rule, as proposed by DEPA.

CHAPTER TWO

DETAILED ORGANIZATIONAL STRUCTURE

Art. 7. The Commander and Director of Education relies on consultative bodies consisting of an Educational Council, a Class Council, and a Standing Teaching Commission, structured as follows:

I – Educational Council:

(a) Commander and Director of Education (Cmt/Dir Ens), President;

(b) Educational Subdirector/Teaching Division Chief (SDir Ens/Ch Div Ens);

(c) Educational Technical Section Head (Ch STE);

(d) Psychological/Pedagogical Section Head (Ch SPscPed);

(e) Teaching Section Heads (Ch Sec Ens);

(f) Student Body Commander (Cmt CA);

(g) Educational Council Secretary (appointed at each session); and

(h) Other members, at the Director of Education’s discretion.

II – Class Council:

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(a) SDir Ens/Ch Div Ens (President);

(b) Ch STE;

(c) Ch SPscPed;

(d) Ch Sec Ens;

(e) Cmt CA;

(f) Student Companies’ Commanders (Cmt Cia Al);

(g) Class/Grade Teachers; and

(h) Office Section Head/Div Ens (Ch Sec Exp/Div Ens), Secretary.

III – Standing Teaching Commission (COPEMA):

(a) SDir Ens (President);

(b) Ch STE;

(c) Ch Sec Ens;

(d) Ch Div Pes or Aide (Rapporteur);

(e) Civilian Personnel Sector Head; and

(f) Two civilian teachers assigned to the Military School, proposed to the Director of Education by functionaries at each school year.

Art. 8. The Educational Subdirectorate/Teaching Division:

I - STE;

II - SPscPed;

III - Sec Ens;

IV – Library;

V – Office Section;

VI – Aid Materials Section; and

VII – Other bodies, in accordance with each School characteristics.

Art. 9. The Student Body consists of:

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I – Command;

II – Aide Staff/Secretary;

III – Band;

IV – Second Lieutenant’s Office; and

V – Student Companies.

Art. 10. The Administrative Division is structured in conformity with each Military School’s standard, as shown in the attached charts;

Art. 11. Other bodies in the School’s structure are detailed in the respective Internal Regulations.

Art. 12. The Military Schools’ organizational charts vary according to the School’s standard and form part of Annexes A, B, and C.

TITLE III

ATTRIBUTIONS

CHAPTER ONE

DIRECTOR OF EDUCATION

Art. 13. It is incumbent upon the Commander and Director of Education to discharge the attributions conferred by the legislation in force on unit commanders, if applicable, and those specified in the Regulation of Precepts Common to the Army’s Educational Institutions (R-126), as well as:

I – To plan, administer, and evaluate the teaching and learning, and provide information to the higher echelons on the process’s implementation, with a view to its continuous improvement;

II – To comply with the determinations of the basic documentation of the Army’s Educational System;

III – To see to the preparation and updating of the basic documents on education under his responsibility, as needed or determined, subjecting them to the consideration of upper echelons;

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IV – To encourage and ensure the improvement of the teaching staff, pursuant to DEP’s norms, without prejudice to school activities;

V – To convene the Educational Council;

VI – To consider the opinions issued by the Education Council and make decisions about them;

VII – To see to the compliance with the regulations, guidelines, norms, instructions, plans, and programs handed down by the upper echelons;

VIII – To direct, coordinate, and control teaching activities;

IX - To orient the preparation of the Education’s General Plan proposal for the following year, and submit it to the Director of Preparatory and Welfare-oriented Education;

X – To expel or dismiss students, pursuant to the provisions hereof;

XI – To grant interruption and deferment of enrollment, pursuant to the provisions hereof;

XII – To agree to re-enrollment, pursuant to the provisions hereof;

XIII – To propose the necessary filling of vacancies, pursuant to the Envisaged Positions Chart (QCP); and

XIV – To orient the drafting of annual and multi-year budgetary proposals and to submit them to the consideration of the Director of Preparatory and Welfare-oriented Education.

Sole paragraph – The Director of Education may delegate attributions to the Educational Subdirector.

Art. 14. It is incumbent upon the Educational Council:

I – To submit to COPEMA’s consideration the plan of disciplines (PLADIS) and the study areas plan (PLAEST) to be proposed to DEPA;

II – To discuss and submit to vote COPEMA’s opinions based on said consideration;

III – To consider and discuss the pedagogical issues brought up in the Council’s sessions; and

IV – To approve the session minutes;

Art. 15. It is incumbent upon the Class Council:

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I – To provide the teachers with information about the classes and students;

II – To identify cases of students requiring special attention in the affective, psychomotor and/or cognitive areas;

III – To evaluate the performance of classes and students;

IV – To discuss the psychological and pedagogical procedures to be adopted and to establish methods for the improvement of students with insufficient learning results;

V – To analyze factors that might be interfering with the teaching and learning process and devise a solution proposal;

VI – To establish adjustment and/or correction mechanisms for the students’ development;

VII – To gather elements for the overall planning of the following year, pursuant to the Norms for Educational Planning and Execution (NPCE) in the SCMB;

VIII – To do an overall assessment of the teaching and learning process; and

IX – To evaluate students subjected to a remedial program, according to pre-established criteria and parameters, for advising the Director of Education in relation to the students’ promotion to the next grade.

Art. 16. It is incumbent upon COPEMA:

I – To consider and issue opinions in cases of changes in the teachers’ working regime;

II – To advise the Commander of the Educational Institution (EE) on following and evaluating teaching activities, particularly as regards teaching and learning results;

III – To consider and issue opinions about competitive examinations to fill teaching positions;

IV – To participate in cases of leave, ex officio exoneration or dismissal of teachers of the respective EE;

V – To express his opinion, if requested, about the filling of positions and the contracting of teaching services;

VI – To express his opinion about functions in connection with which special bonus are granted;

VII – To consider and express his opinion about titles submitted by teachers and candidates for temporary contracts;

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VIII – To express his opinion about the requisite knowledge for teaching at the respective EE.

CHAPTER TWO

SECOND-IN-COMMAND

Art. 17. It is incumbent upon the Second-in-command:

I – To replace the Commander during his legal impediments and to discharge the functions that the former may delegate to him;

II - To supervise administrative and disciplinary activities.

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EDUCATIONAL SUBDIRECTORATE / TEACHING DIVISION

Section I

General Provisions

Art. 18. It is incumbent upon the Educational Subdirector / Teaching Division Chief:

I – To replace, if necessary, the Teaching Director in discharging his functions;

II – To assist the Teaching Director in the activities pertaining to planning, programming, coordination, execution, control, and evaluation of teaching and learning, as well as to the selection and to the psychological, educational, professional, and vocational orientation of students;

III – To coordinate the activities of the sections and subordinate bodies;

IV – To discharge a permanent educational function vis-à-vis the students;

V – To supervise the educational evaluation tasks under his responsibility;

VI – To participate in the tasks aimed at updating the NPCEs, devised by DEPA, by providing the inputs needed for the drafting of such documents;

VII – To adopt measures pertaining to the following tasks:

(a) Teaching and learning evaluation;

(b) Addressing the students’ learning deficiencies, proposing to the Director of Education the period, location, counselor/teacher, schedule, teaching modules, and date for a new evaluation, and publication of this information in the Internal Bulletin (BI);

(c) Educational, psychological, and pedagogical orientation;

(d) Teaching planning and execution;

(e) Coordination of pedagogical meetings;

(f) Coordination of the preparation and updating of draft manuals;

(g) Orientation of teachers and students about the Grading Norms (NECE) and the Internal Norms for Educational Evaluation (NIAE);

(h) Evaluation and orientation of teachers with respect to teaching activities; and

(h) Coordination of the formulation and revision of the curriculum.

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Section II

Teaching Techniques Section (STE)

Art. 19. The STE advises the Ch Div Ens; and his attributions, in addition to those prescribed in the R-126, are as follows:

I – To plan, coordinate, control, and evaluate teaching and learning activities through the use and updating of the requisite instruments;

II – To control the implementation of the PE, the curricula, the PLAEST, the PLADIS, and the other teaching documents for which the School is responsible;

III - To announce the students’ test grades and classification, upon approval by the Director of Education;

IV – To ensure the confidentiality of matters pertaining to tests;

V – To issue technical opinion about the test proposals and the review requests before consideration by the Ch Div Ens; and

VI – To carry out educational research.

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Section III

Psychological and Pedagogical Section

Art. 20. The SPscPed advises the Ch Div Ens on matters pertaining to the development of the elements of the affective area; and his attributions, in addition to those prescribed in R-126, are as follows:

I – To interact with the various segments of the Military School’s organization that work toward the students’ psychological and pedagogical development, and with the STE and CA in particular;

II – To monitor students that obtain a regular or insufficient grade in the aptitude, interest, personality, and sociometric tests used to support their educational development, particularly students with poor performance;

III – To monitor students so as to help them understand their potential and limitations;

IV – To do interviews with students that request discharge, exposing his views on the motives and consequences of such a decision; and

V – To participate in projects and research related to the affective area in the educational process.

CHAPTER FOUR

STUDENT BODY (CA)

Art. 21. It is incumbent upon the CA:

I – To assist the Director of Education, under the Div Ens’s coordination, in the planning, programming, control, and evaluation of the teaching activities at the CA level;

II – To ensure civic and military behavior consistent with the students’ ages;

III – To exert ongoing educational influence on the students;

IV – To carry out the teaching activities entrusted to it;

V – To apply the principles of justice and discipline in accordance with the Military School Internal Regulations (RI/CM);

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VI – To plan, orient, and control CA’s administrative activities, ensuring their coordination with and integration into the teaching activities of the pertinent courses and sections;

VII – To supervise, coordinate, and control the Student Body in respect of administrative activities and civic and military instruction; and

VIII – To classify student noncompliance with school work as justified or unjustified, as the case may be.

CHAPTER FIVE

TEACHING STAFF

Art. 22. It is incumbent upon the teacher:

I – To teach the subject under his responsibility, in accordance with the laws, guidelines, and norms pertaining to teaching;

II – To participate in the annual planning for the teaching of the subject under his responsibility;

III – To prepare didactic and pedagogical studies when instructed to do so or on his own initiative, with a view to improving the teaching-learning process, submitting said studies to the appreciation of the Discipline Subsection Head;

IV – To carry out school administrative activities assigned to him by the Education Directorate;

V – Comply with regulation provisions, instructions, guidelines, norms, and orders governing school administration;

VI – To maintain in order and up-to-date the classroom daily records, for monitoring the execution of the teaching program;

VII – To cooperate with the Director of Education in the preparation of teaching materials, participating in the preparation of books, school texts, and projects aimed at improving the teaching-learning process;

VIII – To suggest the measures he may deem necessary for greater effectiveness of the teaching entrusted to him;

IX – To express himself correctly in words, observing grammatical rules, and avoiding the use of vulgar expressions;

X – To plan and orient the study of the subject entrusted to him;

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XI – To participate in extracurricular activities, ceremonies, and civic-military solemnities that have been scheduled or programmed, in accordance with his working schedule;

XII – To attend the meetings of parents and teachers, the class council of his teaching section, and other meetings of interest to the teaching task entrusted to him;

XIII – To prepare, supervise, and correct formal tests;

XIV – To monitor, continuously and effectively, the students’ academic performance, with a view to detect any shortcomings in the teaching-learning process;

XV – To liaise permanently with SPscPed to assist it in working with students that require special attention;

XVI – To strive for professional self-improvement, with a view to become more efficient in the performance of his tasks;

XVII – To do diagnostic, formative, and summating evaluations, as prescribed by the NIAE, with a view to developing the students’ cognitive, affective, and psychomotor areas, aimed at their well-rounded education; and

XVIII – To participate in the planning and execution of cross-discipline work (TI), orienting the students, including the control points, and doing their evaluation.

CHAPTER SIX

ADMINISTRATIVE DIVISION (Div Adm)

Art. 23. It is incumbent upon the Div Adm:

I – To advise the Commander on matters pertaining to the planning, programming, execution, control, supervision, and orientation of the administrative and financial services of the School as a military organization and administrative unit, so as to ensure priority support to the education bodies; and

II – To render the indispensable administrative support to the EE, pursuant to the Director of Education’s guidelines, with a view to ensuring the effectiveness of the teaching-learning process and of the educational activity.

CHAPTER SEVEN

PERSONNEL DIVISION (Div Pes)

Art. 24. It is incumbent upon the Div Pes:

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I – To plan, control, and carry out military and civilian personnel administration activities;

II – To take charge of the postal service and correspondence; and

III – To perform secretarial and general file services.

Sole paragraph. At the standard III – VI Military Schools, such tasks shall be incumbent upon the General Aide’s Office under the Div Adm.

TITLE IV

SCHOOL REGIME

CHAPTER ONE

ACADEMIC YEAR

Art. 25. Teaching in the Brazilian Military Schools System is done in accordance with the legislation that governs elementary and secondary education in the country and pursuant to the provisions of the Army’s Educational Law, as applicable to Military Schools.

Art. 26. The Military Schools’ curriculum documents shall set forth the PLAESTs and the PLADISs that will encompass the range of knowledge pertaining to the elementary and secondary levels, respectively.

Sole paragraph. The PLAESTs and the PLADISs should state the educational objectives to be achieved, the subjects, the specified hour load, and the didactic practices recommended.

Art. 27. The elementary education’s objective is the citizen’s basic development.

Art. 28. The secondary education’s objectives are as follows:

I – The consolidation and deepening of knowledge acquired at the elementary level, to enable students to advance in their studies;

II – The educatee’s basic preparation for work and citizenship and for continuing to learn, so as to become capable of flexibly adapting himself to the new conditions of occupation, or of subsequent improvement;

III – The educatee’s improvement as a human being, including his ethical makeup and the development of intellectual autonomy and critical thinking; and

IV – The comprehension of the scientific and technological foundations of productive processes, relating theory to practice in the teaching of each subject.

Art. 29. The academic year encompasses:

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I – The school period; and

II – The vacation period.

Paragraph 1. The school period includes the academic year and the periods for pedagogical remedial work. The school period consists of two teaching semesters, pursuant to the federal educational legislation in force, taking into consideration the particularities of the Army’s educational legislation.

Paragraph 2. The vacation period, common to all Military Schools, is determined by DEPA.

Art. 30. The beginning and closing of the academic year shall be marked by solemnities on dates set by DEP, on a DEPA proposal.

Sole paragraph. The curriculum and the school calendar are shown in the NPCEs and are approved by DEP, on a DEPA proposal.

Art. 31. The operational regime of Military Schools is defined by DEPA.

Art. 32. The duration of classes, subjects, or school activities shall be, in principle, forty-five minutes.

Art. 33. The Military Schools normally function as a day school.

Paragraph 1. The boarding regime is admitted for dependents of Army military, under the following circumstances:

I – When their guardians are stationed at locations in pioneer areas; and

II – In really necessary cases, as determined through investigation.

Paragraph 2. It is incumbent upon the Commander to grant the regime referred to in the preceding paragraph, the number of vacancies being subject to the premises’ capacity and to the human and material resources available to the School.

CHAPTER TWO

ATTENDANCE

Art. 34. Student’s attendance of school work is obligatory.

Paragraph 1. By school work are meant the activities programmed for the students, included in the curriculum of the elementary and secondary levels, as set forth in the NPCEs.

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Paragraph 2. The process and criteria for justifying absence from school work are prescribed in the Schools’ Internal Regulations.

Paragraph 3. The maximum number of absences allowed a student during a school year, under risk of exclusion from school, shall not exceed twenty-five percent of the total hour load established for the curriculum of each grade.

CHAPTER THREE

TEACHING EVALUATION

Art. 35. Teaching evaluations have the following objectives:

I – To ensure the improvement of teachers’ performance, so as to allow the timely correction of any deviations in the teaching-learning process, in pursuit of the established objectives;

II – To provide inputs for pedagogical research on the results of evaluations and for improving teaching; and

III – To provide a basis for the preparation of a condensed opinion about the performance of the direct or indirect teaching agents.

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CHAPTER FOUR

EVALUATION OF LEARNING RESULTS

Section I

General Provisions

Art. 36. The learning evaluation is done in accordance with the sectoral norms issued by DEP and is governed by the Educational Evaluation Norms (NAE) and the Norms for Devising Educational Evaluation Instruments (NEIAE).

Art. 37. The Internal Norms for Educational Evaluation (NIAE) of the Brazilian Military Schools System, issued by DEPA, specify the types, set-up, analysis, application, interpretation, and acceptance of the results of the instruments for the evaluation of students’ learning, and show in detail how to calculate the grades and averages that express the students’ school performance.

Section II

Remedial Work

Art. 38. The Schools must obligatorily offer remedial classes to students that fail to earn the established minimum grade, in accordance with DEPA instructions and pursuant to the federal educational legislation.

Art. 39. Remedial classes are specifically scheduled, without detriment to regular classes.

Sole paragraph. Scheduled remedial classes are a compulsory school activity, except for special request to the contrary by the student’s guardian.

Art. 40. Also compulsory are classes to enable students that have been tested and found to have insufficient knowledge to follow lessons in their respective classes, to meet the prerequisites.

CHAPTER FOUR

STUDENTS’ QUALIFICATION AND CLASSIFICATION

Art. 41. A student’s qualification for the next higher grade is based on his school performance and attendance to school work.

Sole paragraph. A student is considered as having passed if he earns a final grade (NF) equal to or higher than 5.0 (five point zero) in each study area or subject.

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Art. 42. At the completion of each grade, students are subjected to a general classification, based on the descending order of the final qualification results.

Sole paragraph. There shall be no tie in the results in a general classification. Should this occur, the calculations should be redone, without rounding, and taking into consideration decimal points to ensure inequality.

TITLE V

INCLUSION AND EXCLUSION

CHAPTER ONE

OPENINGS, SELECTION, AND ENROLLMENT

Section I

Openings

Art. 43. Openings at Military Schools are established in accordance with the capacity of the premises and of the human and material resources available to each School.

Paragraph 1. Openings for enrollment in Military Schools are meant for military dependents and for those approved in the competitive entrance exams, pursuant to the instructions herein.

Paragraph 2. DEP, on a DEPA proposal, shall set, through an Administrative Rule, the number of openings for enrollment based on competitive entrance exams, should these take place.

Section II

Selection

Art. 44. The selection of applicants is done pursuant to the instructions issued by the DEPs and as prescribed herein.

Art. 45. The competitive entrance exam shall be the same for all candidates of each level and each Military School.

Art. 46. The competitive entrance exam has the purpose of selecting and classifying applicants, and encompasses the following:

I – intellectual exam; and

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II – medical evaluation.

Art. 47. All phases of the intellectual exam are eliminatory and their purpose is to select and classify applicants on the basis of their knowledge level.

Art. 48. The prerequisites for the intellectual exam and the medical evaluation are specified in the Instructions for the Competitive Entrance Exam and Enrollment (IRCAM), handed down through a DEP Administrative Rule, and shall be posted in the Federal Official Gazette.

Art. 49. To register for the competitive entrance exam, an applicant must meet the following requirements:

I – Have Brazilian nationality;

II – Have the proper age for enrollment in conformity with this Regulation and with the announcement for the competitive exam;

III – Have successfully finished the grade or be in the grade that qualifies him for the competitive exam, in conformity with the IRCAM;

IV – Have not been excluded from any Military School for disciplinary reasons.

Art. 50. The purpose of the medical evaluation is to select applicants that do not have special needs that would hinder their integration into the School, prevent them from keeping up with the SCMB pedagogical program and from participating in the activities envisaged by the Military Schools’ curriculum.

Paragraph 1. All enrollment applicants shall undergo the medical evaluation.

Paragraph 2. Of the applicants who have taken the competitive entrance exam, only a number of those who have passed the intellectual exam and have been classified will undergo the medical evaluation—a number equivalent to the number of openings specified in the announcement of the competitive entrance exam.

Section III

Enrollment

Art. 51. An applicant for enrollment in year A, who has passed the competitive entrance exam, must meet all the following requirements:

I – To pass the intellectual exam for that year;

II – To receive a classification that places him within the number of openings specified in the competitive exam announcement;

III – To submit a school transcript consistent with the legal requirements, in addition to the other documents specified in the competitive exam announcement;

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IV – To provide proof of being over eighteen years of age, of being a registered voter, and of being in compliance with the Military Service; and

V – To be considered apt through the medical evaluation.

Art. 52. Independently from the competitive entrance exam, the applicants specified hereunder shall be considered eligible for enrollment in year A, at the request of the School Commander, and in accordance with the number of openings allowed by the capacity of the premises and the human and material resources available to the School, in addition to the other requirements herein:

I –Be the orphan of a career military of the Armed Forces since the completion of the fourth elementary grade, independently from the date of the parent’s decease;

II – Be the dependent of an Army career military, pursuant to the Military Internal Regulations, if the guardian fits one of the following circumstances:

(a) Has been transferred from headquarters to a locality in the headquarters area where the Military School is located or to a pioneer area, and his reporting to the destination Garrison takes place in the enrollment year (year A) or in the two preceding years;

(b) Has been assigned to a mission abroad, under the following circumstances:

(1) Assignment to peace missions, as of the year of assignment and for the duration of the mission;

(2) If, upon returning to the country after a mission lasting more than six months, the military is posted in the headquarters or pioneer area where the Military School is located, and his reporting to the destination Garrison takes place in the enrollment year (year A) or in the two preceding years;

(3) If the military chooses to leave the legal dependent in the country, in view of the study possibilities in the destination country;

(c) Has been assigned to Special Garrisons or to pioneer areas specified in DEP Administrative Rules, or if serving in such areas at the beginning of the 5 th elementary grade or the 1st grade of secondary school;

(d) Has been transferred to remunerated reserve, if proof is provided of the transfer from headquarters and the establishment of residence in a headquarters or pioneer area where the Military School is located, provided the transfer takes place during the year of enrollment (year A) or in the two preceding years;

(e) The dependent’s guardian has been legally separated or divorced, and only under the circumstance occurring first, and shows proof of having changed headquarters and established residence in the headquarters or pioneer area where the Military School is

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located, provided the homologation of the separation or divorce has taken place in the year of enrollment (year A) or in the two preceding years;

III – The dependent of an Armed Forces’ career military that has retired owing to invalidity, pursuant to the Military Internal Regulations, since the completion of the 4th

elementary grade.

Paragraph 1. The provisions of this article apply to the dependents of a career military in the Navy and the Air Force, pursuant to the Military Internal Regulations, provided their guardians apply directly to the DEPA through their area commanders, the acceptance of the application being subject to the number of openings fixed each year for those Forces and to the other provisions hereof.

Paragraph 2. The provisions of this article apply to the dependents of military police and fire brigade members, provided their guardians apply to the Military School Commander through their respective General Command, the acceptance of the application being subject to the number of openings fixed each year for those Forces and to the other provisions hereof.

Paragraph 3. The provisions of this article apply equally to foreign military posted in the country, provided there is reciprocity in their countries of origin; their application should be submitted to the DEPA, through the Army General Staff (EME).

Paragraph 4. The applicant covered by the provisions of this article may, independently from the schooling level already attained, be enrolled in the next lower grade if he does not meet the minimum requirements to attend the desired grade, as determined by a diagnostic evaluation (evaluation and/or classification test).

Paragraph 5. For the purposes of establishing time in connection with the provisions of this article, year A shall be the year in which the student will actually attend the grade at the Military School under consideration; and the two-year period shall be defined as the period from January 1 of year A-2, for the purposes of the validity of all requisite documents for the pertinent administrative ends.

Paragraph 6. Eligibility for enrollment pursuant to this article, if the dependency condition derives from legal guardianship, is possible only if the judicial guardianship decision has taken place prior to the official act that gave origin to the condition for eligibility.

Art. 53. For the purposes of art. 52, DEP shall define by Administrative Rule the localities considered as being situated in headquarters or pioneer areas of each Military School.

Art. 54. Enrollment pursuant to arts. 51 and 52 hereof is subject to compliance with the following requirements:

I – Presentation, at the time of enrollment, of the documents required by DEPA and the Military School, pursuant to the announcement of the competitive entrance exam or to the provisions hereof;

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II – Fitting into the following age limits for each grade, in relation to year A, in which the applicant will actually attend the Military School under consideration:

(a) Elementary education:

(1) 5th grade: attain age 10 by December 31, or age 13 by the first day of classes;

(2) 6th grade: attain age 11 by December 31, or age 14 by the first day of classes;

(3) 7th grade: attain age 12 by December 31, or age 15 by the first day of classes;

(4) 8th grade: attain age 13 by December 31, or age 16 by the first day of classes;

(b) Secondary education:

(1) 1st grade: attain age 14 by December 31, or age 18 by the first day of classes;

(2) 2nd grade: attain age 15 by December 31, or age 19 by the first day of classes;

(3) 3rd grade: attain age 16 by December 31, or age 20 by the first day of classes; and

III – Presentation of the first enrollment application form, which should be forwarded to the School by the specified deadline.

Paragraph 1. A former student of a Military School who has been excluded for disciplinary reasons shall not be accepted for enrollment.

Paragraph 2. A student who twice repeats the same grade at a Military School may compete for enrollment at another Military School through competitive exam or pursuant to the provisions of art. 52 hereof.

Art. 55. Once the requirements herein have been met, the Military School Commander shall effect the enrollment, which will be posted in the Schools Internal Bulletin.

Sole paragraph. Enrollment may be annulled ex officio at any time, if fraudulent documentation has been submitted, and the person responsible for this shall be subject to penal or disciplinary sanctions as required by the case.

Art. 56. The enrollment applicant may not attend School activities nor make any payments before his enrollment has become effective by order of the Director of Education as posted in the Internal Bulletin.

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Sole paragraph. Once enrolled, the applicant becomes a School student.

CHAPTER TWO

ENROLLMENT INTERRUPTION AND POSTPONEMENT

Art. 57. The interruption of enrollment shall be authorized by the Commander, at the guardian’s request, only once at each education level (elementary and secondary).

Sole paragraph. Reasons for authorizing the interruption of enrollment include the following:

I – The guardian’s service requirements;

II – The student’s duly attested need of medical treatment;

III – The student’s special need, deemed justified by the Military School Commander;

IV – The needs of a female student who has been deemed apt by the medical evaluation but considered temporarily inapt owing to pregnancy.

Art. 58. The postponement of enrollment shall be granted only once a year, pursuant to the same provisions of art. 57, Sole paragraph, and as authorized by the Commander and as posted in the Internal Bulletin.

CHAPER III

EXCLUSION, SEPARATION, AND SECOND ENROLLMENT

Art. 59. A student may be excluded from a Military School by the Commander’s order as published in the Internal Bulletin.

Paragraph 1. A student shall be excluded from a Military School under the following circumstances:

(a) If he has successfully completed the 3rd year of secondary school;

(b) If the Commander approves the student’s guardian’s request of separation or deferment of enrollment;

(c) If the Commander approves the student’s guardian’s request of transfer to another Military School or civilian educational institution;

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(d) If the student fails to complete each elementary or secondary grade within one year, one additional year of tolerance being granted for the elementary and one for the secondary level;

(e) If the student makes use of illicit means during a learning evaluation, as proven through investigation and pursuant to the opinion handed down by the Educational Council;

(f) If the student is enrolled in the EsPCEx or in a similar educational institution of another Armed Force;

(g) If the student’s enrollment is annulled owing to proven fraud related to the documentation submitted;

(h) If the student dies;

(i) If the student exceeds the maximum number of absences or of lost points allowed;

(j) If the student’s behavior is rated as “Bad,” pursuant to the Military Schools’ Internal Rules;

(l) If the student incurs in a fault of an eliminatory nature, pursuant to the Military Schools’ Internal Rules;

(m) If the student’s enrollment is not renewed by his guardian within the prescribed time period.

Paragraph 2. Exclusion and separation pursuant to items e, g, j, and l above shall be considered by the Educational Council, which will hand down its opinion, a prerequisite to support the administrative action establishing an investigation, so as to ensure that the student will have the right to defend himself and to due process.

Art. 60. A second enrollment may be authorized by the School Commander a single time for the student whose enrollment deferment request has been granted, provided that:

I – The student is considered apt after medical evaluation; and

II – The student fits the age limits prescribed in art. 54, II hereof.

Art. 61. A second enrollment at the same School shall be in the same grade of the same educational level the student had been attending at the time of exclusion.

Paragraph 1. The student enrolled for the second time is considered a repeat student;

Paragraph 2. A second enrollment shall not be granted a student who has successfully completed the envisaged grade;

Paragraph 3. The enrollment of students from EsPCEx or a similar educational institution of another Armed Force shall be dealt with in a specific DEP Administrative Rule.

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TRANSFERS

Art. 62. A student’s transfer to another Military School may be processed at any time of the year, in conformity with the limits related to the capacity of the premises and to the human and material resources available to the School, provided the student is:

I – A dependent of an Armed Forces career military or of an Army teacher who is transferred to another Garrison, in which case the student may be enrolled in the Military School indicated by his guardian;

II - A dependent of an Armed Forces career military who is transferred to the remunerated reserve, pursuant to the legislation in force, and who establishes residence in the headquarters or pioneer area of the Military School;

III – An orphan of an Armed Forces career military, whose family establishes residence in the headquarters or pioneer area of the Military School;

IV – A dependent of a legally separated or divorced military, whose legal guardian, after the official judgment, establishes residence in the headquarters or pioneer area of the Military School;

V – A dependent of a civilian, owing to the guardian’s duly attested transfer for work reasons.

Paragraph 1. A transfer that does not meet the preceding provisions should be requested from the DEPA through the original Military School.

Paragraph 2. A transfer shall not be authorized for the same level at which the student may have been a twice repeater.

Art. 63. The transfer request, signed by the student’s legal guardian, should be submitted to the Commander of the destination Military School, through the original Military School, and:

I – The original Military School shall submit the request and the requisite information to the destination Military School, pursuant to the pertinent norm issued by DEPA; and

II – On the basis of the information received, the destination Military School shall grant the transfer request, notify the original Military School thereof, and obtain from it the student’s school transcript and other pertinent documents.

Art. 64. A student’s transfer to a civilian educational institution shall be done at the guardian’s request, in conformity with the federal legislation in force.

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Sole paragraph. Under this Regulation, the transfer to a civilian educational institution within the same headquarters or pioneer area shall be considered as interruption of the enrollment, at the guardian’s request.

TITLE VI

EDUCATIONAL SYSTEM DOCUMENTATION

Art. 65. The educational documentation at Military Schools is specified in the Norms for Planning and Conducting Education in the Brazilian Military School System, issued by DEPA.

TITLE VII

TEACHING STAFF

Art. 66. The make-up and recruiting of the Teaching Staff of Military Schools are prescribed under Title VII of the R-126.

Art. 67. Each year, pedagogical and school administration refresher internships shall be held, in principle, at the Military School itself, pursuant to DEPA’s instructions.

TITLE VIII

STUDENT BODY

CHAPTER ONE

MAKEUP

Art. 68. The student body consists of the students enrolled in the Military School, whose number is established by a DEPA Administrative Rule, taking into account the number of openings allowed by the capacity of the premises and by the human and material resources available to the Military Schools.

Sole paragraph. The ensemble consisting of the student body and the military personnel assigned to the school makes up the full student body (CA).

Art. 69. The Military Schools’ Internal Regulations define for the students the school hierarchy, the mode of promotion, the duties, rights, and honors attached to the ranks and grades.

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CHAPTER TWO

DUTIES AND RIGHTS

Art. 70. The duties and rights of students of Military Schools, in addition to those referred to in arts. 45 and 46 of the R-126, are set forth in the Military Schools Internal Regulations.

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CHAPTER THREE

DISCIPLINARY REGIME

Art. 71. The Military Schools’ disciplinary regime is of an educational nature, aims at the student’s well-rounded education, and is based on the Brazilian society’s ethic standards and on the values of the Brazilian Army.

Sole paragraph. The enforcement of the disciplinary regime referred to in this article is specified in the Military Schools’ Internal Regulations.

CHAPTER FOUR

INTERNAL ASSOCIATIONS

Art. 72. The clubs, societies, and other organizations of interest to the School shall promote social, recreational, literary, civic, scientific, and sport activities for the well-rounded development of citizens and for wakening vocations for the Military Service.

Art. 73. It is incumbent upon the School Command to organize the internal societies and to establish the norms for their functioning after its request has been approved by DEPA.

CHAPTER FIVE

SCHOOL TRANSCRIPT AND CERTIFICATES

Art. 74. It is incumbent upon the Military School to issue school transcripts, certificates, and other documents pertaining to the student’s school life, pursuant to the provisions of the federal legislation in force and to DEPA’s guidelines.

Art. 75. For the purposes of enrollment in a civilian higher education institution, the Military Schools may grant students in the 3rd year of secondary education who have passed mid-year university entrance exams, the certificate of completion of secondary school. To this end, the following requirements must be met:

I – The student must:

(a) Have attended the entire first school semester, without missing more than twenty-five percent of classes;

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(b) Be in the same condition of passing in the first semester, pursuant to the NIAE requirements, which are similar to the passing criteria for that grade at the end of the school year under consideration;

(c) Have had a behavior rated at least as “Good;”

II – The student’s guardian must request the School to grant the certificate;

III – The Educational Council must hand down a favorable opinion; and

IV – The School Commander must homologate the Educational Council’s opinion.

Sole paragraph. Under no circumstances, the certificate of completion of secondary school shall be granted to students of the 1st and 2nd secondary grade who have passed a university entrance exam.

TITLE IX

FINAL AND TRANSITORY PROVISIONS

CHAPTER ONE

Section I

Substitutions

Art. 76. Temporary substitutions are allowed in conformity with the General Services’ Internal Regulations (RISG).

Section II

Fees

Art. 77. Students are subject to the following fees:

I – A supplies fee equivalent to a monthly school quota for defraying the various expenses related to the incorporation of the new student and in case of his transfer within the Brazilian Military Schools System;

II – Twelve monthly quotas to defray general teaching expenses;

III – Periodical quotas to defray monthly food expenses in the case of boarding students;

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IV – Quotas pertaining to the parent-teacher associations, set by the School Commander, of up to twenty percent of the monthly amount of the monthly school quota;

V – Banking expenses, if applicable;

VI – Reimbursement of unforeseen expenses incurred by the students;

Paragraph 1. The payment of the fees referred to in this article shall be made as follows:

(a) The supplies fee, at enrollment;

(b) The quotas, the reimbursement of unforeseen expenses, and the periodical quota, by the 10th of the following month, except for the shares corresponding to the month of December, which should be paid by the last day of that month.

Paragraph 2. The periodical quota herein referred to is set by an Administrative Rule that approves the Regulatory Instructions for the drawing of periodical quotas and supplements for Military Schools in the Army.

Paragraph 3. The amount of the monthly school quota herein referred to shall be set by the Ch DEP.

Paragraph 4. Those who have one dependent and who make the payment by the date referred to in paragraph 1(b) above shall be entitled to a ten-percent discount on the monthly school quota.

Paragraph 5. Those with two dependents enrolled in the Military School shall be entitled to a twenty-percent discount on the monthly quota per dependent, provided they make the anticipated payment pursuant to paragraph 1(b) above.

Paragraph 6. Payers with more than two dependents enrolled in the Military School shall be entitled to a thirty-percent discount on the monthly quota per dependent, provided they make the anticipated payment pursuant to paragraph 1(b) above.

Paragraph 7. Those who fail to pay their debt with the Military School by the deadlines referred to in Paragraph 1(b) above shall incur the sanctions established by the federal legislation in force.

Art. 78. The discounts referred to in art. 77, paragraphs 4, 5, and 6 shall apply solely to the monthly school quota and shall not be cumulative.

Art. 79. The waiver of the monthly school quota shall be granted solely to needy students, thus classified on the basis of proper investigation conducted by the School Commander, and its granting must meet the following criteria:

I – It must be requested by the guardian;

II – It may be granted at the full or partial value of the monthly school quota, at the discretion of the Commander, on the basis of proper investigation;

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III – It shall apply to the school year or educational level under consideration, based on proper investigation and on an opinion handed down by the School Commander;

Paragraph 1. To be valid for up to one year within the school year under consideration, the waiver must be homologated by the School Commander and notified to DEPA.

Paragraph 2. To be valid for the educational level, the waiver must be homologated by the Director of Preparatory and Welfare-oriented Education.

Paragraph 3. The fee waiver referred to in this article shall not apply to the reimbursement of the expenses referred to in art. 77, VII.

Art. 80. The losses, damages, misplacements or harm caused to School property by students shall be offset by their guardians.

Section III

Guardians

Art. 81. The guardian responsible for monitoring a student’s school life and performance at the School shall be the father himself or the person of whom the student is a legal dependent or, by delegation, a reputable person. In any case, the guardian must obligatorily live in the city where the School is located.

Art. 82. The definition of a guardian’s responsibility and obligations is set forth in the Military Schools’ Internal Regulations and shall be transcribed into the Term of Responsibility that must be signed by the student’s guardian at the time of enrollment.

Sole paragraph. The financial obligations assumed by the student’s guardian shall be discharged in the manner and at the times set forth in arts. 77 and 78 hereof, save for the cases contemplated by specific legislation. In case of noncompliance, the guardian shall be subject to judicial procedures under the federal active debt, and, if he is a military, he shall also incur the sanctions prescribed in the respective Force’s pertinent regulations.

Section IV

Class designation and Completion Ceremony

Art. 83. The procedures for proposing class designations and for course completion ceremonies shall follow the provisions of the R-126.

Section V

Miscellaneous Provisions

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Art. 84. As regards the Student Body, the Military Schools have different organizations, in accordance with the standard established for their classes.

Paragraph 1. Each standard corresponds to the maximum school enrollment, which in turn depends on the capacity of the premises and on the human and material resources available to the Schools.

Paragraph 2. The maximum enrollment at each Military School pursuant to the corresponding standard shall be defined by a DEP Administrative Rule.

Art. 85. The officers and privates of any Military School are not allowed to teach the School’s students, privately or in groups, for compensation, nor in preparatory courses for the competitive exams for admission to the Military School, for or without compensation.

Sole paragraph. Civilian teachers and civil servants that teach preparatory courses for the competitive exams for admission to Military Schools, for or without compensation, are not allowed to participate in the commission in charge of preparing and printing the academic tests for the competitive exams for admission to Military Schools.

CHAPTER TWO

TRANSITIONAL PROVISIONS

Art. 86. This Regulation is complemented by the Military Schools’ Internal Regulations, which set forth detailed prescriptions regarding the organization, attributions, and functioning of the Military Schools, whose proposals must be submitted within one hundred twenty days as of the publication of this Regulation.

Art. 87. The provisions hereof shall not apply retroactively to situations previously described, and constitute a complete juridical act and res judicata.

Art. 88. Omission cases shall be resolved by the Director of Preparatory and Welfare-oriented Education at first instance and, if necessary, by the Head of the Education and Research Department, at last instance.

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ANNEX 8 - Relevant provisions of the Military Schools Internal Regulations (RI/CM)

MILITARY SCHOOLS INTERNAL REGULATIONS (RI/CM)

TITLE I

EDUCATIONAL INSTITUTIONS, THEIR PRINCIPLES AND PURPOSES

CHAPTER ONEEDUCATIONAL INSTITUTIONS

Art. 1. The Military Schools (CM) are Educational Institutions (EE) that offer basic education at the elementary and secondary levels and come directly under the Preparatory and Welfare-oriented Educational Directorate (DEPA), in conformity with art. 1, paragraphs 2, 3, and 4, of Administrative Rule No. 397 of August 12, 2002, handed down by the Army Commander.

Sole paragraph. The CMs are as follows:

I - Colégio Militar de Brasília (CMB, established in 1978).II - Colégio Militar de Belo Horizonte (CMBBH, established in 1955/1993).III - Colégio Militar de Curitiba (CMC, established in 1958/1993).IV - Colégio Militar de Campo Grande (CMDG, established in 1993).V - Colégio Militar de Fortaleza (CMF, established in 1919/1961).VI - Colégio Militar de Juiz d Fora (CMJF, established in 1993).VII - Colégio Militar de Manaus (CMM, established in 1971).VIII - Colégio Militar de Porto Alegre (CMPA, established in 1912/1961).IX - Colégio Militar de Recife (CMR, established in 1959/1993).X - Colégio Militar de Rio de Janeiro (CMRJ, established in 1889).XI - Colégio Militar de Salvador (CMS, established in 1957/1993).XII - Colégio Militar de Santa Maria (CMSM, established in 1994).

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CHAPTER II

PRINCIPLES, PURPOSES, AND FOUNDATIONS

Art. 2. The CMs, henceforward identified as participants of a subsystem of the Army’s Educational System, denominated Brazilian Military Schools System (SCMB), operate according to the principles of legality, impartiality, morality, transparence, and fellowship welded together by the values, customs, and traditions of the Brazilian Army.

Art. 3. In addition to the purposes indicated in the Military Schools Regulation (R-126), it is incumbent upon the CMs, through their educational activity, to provide the Student Body with well-rounded development, training for the exercise of citizenship, and the means to advance in their further studies and in the practice of their professional activity.

Art. 4. The pedagogical program’s foundations are as follows:I – Giving the student conditions for having access to systematic, universal knowledge, taking into consideration his life’s reality, and helping him achieve a well-rounded development in the cognitive, affective, and psychomotor areas;II – Enabling the student to assimilate qualitative programmatic contents and essential prerequisites for furthering his studies, based on the mastery of reading, writing, and the various languages used by man, so that he will be able to analyze, synthesize, and interpret data, facts, and calculations for resolving simple and complex problem situations, valorizing his personal development;III – Employment of didactic procedures and methodological techniques that will lead the student to take the center of the teaching-learning process and build up, with the teachers’ assistance, his own knowledge as a result of selective, contextual, interdisciplinary, continuous, and progressive approaches;IV – Encouraging the student to develop critical, reflective attitudes, an investigative spirit, creativity, initiative, and respect for individual differences, leading him to learn how to learn and how to think;V – Leading the student to comprehend the significance of the study areas and disciplines, as a participant in the historical process of transformation of society and culture, developing his autonomy, valorizing previous knowledge, his experiences and the teacher-student and the student-student relationship, and making him conscious that acquired learning is more important than the educational evaluation to measure school results;VI – Developing in the student attitudes, values, and healthy habits for life in society, in an environment in which all may:

(a) Understand and respect the rights and duties of the human being, social groups, and the Brazilian State and nation;(b) Access and master relevant scientific resources that will allow them to take a critical stand before reality and assume social responsibilities; (c) Prepare themselves for productive participation in society through the exercise of their future professional activity; and(d) Practice activities for their own physical development and the acquisition of healthy habits for the body, including the practice of sports.

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(…)

Art. 7. The Educational Director shall rely on the following consultative bodies:I – Educational Council (C Ens);II – Class Council (C Cl); andIII – Standing Teaching Commission (COPEMA).

Paragraph 1. The makeup of each body is set forth in art. 7 of THE R-69;

Paragraph 2. The Class Council may have the addition of two students as representatives of the student body, at the Director of Education’s discretion.

Paragraph 3. The Educational Council and the Class Council are governed by specific norms, pursuant to Annexes B and C and to COPEMA, in accordance with the General Instructions for the Inclusion of the Army’s Civilian Teaching Personnel in the Unified Plan of Classification and Remuneration of Positions (IG 60-01); and

Paragraph 4. The appointment of COPEMA members shall be published in the Internal Bulletin and shall be for a term of one year.

Art. 8. The Educational Subdirectorate/Educational Division encompasses the following:

I – Educational Subdirector/Educational Division Head (SDir Ens/Ch Div Ens);

II – Teaching Techniques Section (STE);

(a) Office of the Section Head;(b) Evaluation and Learning Subsection (Sseç AA); and(c) Planning and Research Subsection (Sseç P Pesq).

III – Psychological and Pedagogical Section (SPscPed):

(a) Office of the Section Head;(b) Psychological Techniques Section (Sseç PscTec) ; and(c) Educational Orientation Section (Sseç OE).

IV – Teaching Section (Sec Ens):

(a) Sec Ens A:

(1) Office of the Section Head;(2) Portuguese Language Subsection (Sseç LP);(3) Portuguese Literature Subsection (Sseç L); and(4) Arts Education Subsection (Sseç A).

(b) Sec Ens B :

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(1) Office of the Section Head;(2) Mathematics Subsection (Sseç Mat);(3) Representational Mathematics (Drawing/Descriptive) (Sseç Mat Rep); and(4) Computer Sciences (Sseç IE).

(c) Sec Ens C:

(1) Office of the Section Head;(2) Physics and Biology Section (Sseç CFB);(3) Biology Subsection (Sseç Bio);(4) Physics Subsection (Sseç Fis); and(5) Chemistry Subsection (Sseç Qui).

(d) Sec Ens D:

(1) Office of the Section Head;(2) Geography Subsection (Sseç Geo);(3) History Subsection (Sseç His); and(4) Introduction to Philosophy and Sociology, and Religious Education Subsection (Sseç IFS/Rel).

(e) Sec Ens E:

(1) Office of the Section Head;(2) Physical Education Subsection (Sseç Edc Fis) ;(3) Sports Initiation Subsection (Sseç In Des); and(4) Physical Training (Subsection (Sseç Cpct Fis).

(f) Sec Ens F:

(1) Office of the Section Head;(2) English Subsection (Sseç Ing); and(3) Spanish Subsection (Sseç Esp).

(g) Sec Ens G:

(1) Office of the Section Head;(2) Third Grade/Entrance Exam Prep. (Subsection (Sseç Pre Vest); and(3) Preparatory Courses Subsection (Sseç C Prep).

V- Library:

(1) Office of the Section Head;(2) Collections Control (Subsection (Sseç C Ac); and(3) Technologies Use Subsection (Sseç C Tecnl).

VI – Office (Sec Exp) :

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(1) Office of the Section Head;(2) Controversy Solution Subsection (Sseç Cnte); and(3) Personnel Control and Evaluation Subsection (Sseç A C Pes).

VII – Teaching Aids Section (SMA).

Art. 9 The Administrative Assistant’s Office (for standards I and II CMs) encompasses:

I – Assistant;II – Information and Operations Section (SIOp);III – Command and Service Company (CCSv);IV – Public Relations (Com Soc); andV – Computer Services Section (Sec Infor).

Art. 10. The Personnel Division (for standards I and II CMs), pursuant to the School’s QCP.

Art. 11. The Administrative Division varies according to the CM standard and is shown in the charts annexed to the R-60 and QCP.

Art. 12. The Student Body comprises:

I – Command (Cmdo);II – Aide (Aj)/Secretary Services (Sect);III – Student Company (Cia Al);

(a) Command (Cmdo; and(b) Command Section (Sec Cmdo).

(1) Sergeant (Sgte); and(2) Student Supervision.

IV – Student Band and Chorus (if applicable); andV – Student Squad (Tu Al).

Paragraph 1. A more detailed structure is given in the General School Operation Norms (NGA/CM).

Paragraph 2. The student band and chorus consist of volunteers that meet the admission requirements and conditions.

(…)CHAPTER VIII

STUDENT BODY

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Section I

General Provisions

Art. 27. The student body has the following attributions in addition to those provided under the R-69,:

I – To plan, organize, and coordinate support for educational activities;II – To carry out the school’s administration pursuant to the R-69, and to control and maintain student body discipline;III – To coordinate and monitor the implementation of CA’s Civic and Military Instruction (ICM), in accordance with the curriculum and pursuant to the ICM plans, and to evaluate the prepared PETs and PAs;IV – To plan, coordinate, and monitor the implementation of the Reservist Training Course (SFR) and to evaluate the prepared PETs and Pas; andV – To provide ongoing guidance for the activities of the Cmt Cia and the monitors with respect to the treatment and conduct of students, pursuant to the disciplinary norms annexed to this RJ, while respecting the Child and Adolescent Statute and the right of defense on an equality basis.VI – To support CEAD’s activities, if necessary, on the same terms as EE activities.

Section IISecretarial and Aide Services

Art. 28. The secretarial office has the following attributions:

I – To keep student records up-to-date and keep on file the alumni records, including those of CEAD, if CEAD is housed in the EE;II – To run the daily routine and provide information on the activities of CA’s secretarial services;III – To plan, coordinate, and carry out the tasks related to registration for the competitive entrance exam, enrollment, transfers, enrollment deferment and suspension, enrollment renewal and second-time enrollment, pursuant to the legislation in force, an to perform the same tasks for CEAD, if it is housed in the EE;I V – To receive inclusion and exclusion requests addressed to the Director of Education, check if the forms have been correctly filled out and if they conform to the legislation in force, returning them in case of incorrectness, inclusive those of CEAD, if it is housed in the EE;V – To issue certificates, school transcripts, and transfer documents containing the data received from Div Ens, including those pertaining to CEAD, if it is housed in the EE; andVI – To forward the school documentation of applicants for enrollment at the STE, for consideration purposes.

Art. 29. The aide’s office has the following attributions:

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I – To plan, organize, and coordinate the student body’s participation in the educational activities envisaged in the PGE, with involvement of the school’s battalion or of part of it;II – To draft routine orders on the participation of the student body and the members of the permanent body in the civic and military activities under the responsibility of the Div Ens;III – To keep records of the reservation requests for assisted enrollment;IV – To forward to the requester of assisted enrollment reservation a letter communicating receipt of the request and providing information on the document evaluation process and the diagnostic evaluation (preliminary test) and annexes;V – To coordinate and implement, with students appointed by the Div Ens/Sseç LP, the schedule of civic-military solemnities;VI – To draft a proposal on the implementation of the CFR program, coordinate and publicize the activities pertaining to registration, health evaluation, and course completion, as well as delivering against receipt the certificates of compliance with the Military Service; andVII – To coordinate the activities of the student body’s office, as well as those pertaining to the files of CEAD, if it is housed in the EE.

Section IIIStudents’ Company

Art. 30. The Students’ Company has the following attributions:

I – To monitor students’ behavior and take preventive measures against conduct that is inconsistent with student obligations;II – To ensure the moral and civic education envisaged in the NPCE and PGE/EE guidelines;III – To guide and monitor students in all school activities;IV - To encourage good academic performance and the student’s good behavior, as they participate in educational activities;V – To promote daily muster with a topics agenda during time periods available, encouraging social and cultural practices;VI – To monitor and evaluate the student supervisor’s performance, anticipating any deviation in the implementation of Div Ens guidelines or any violations of the legislation and norms;Sole paragraph. Specific attributions of Cia Al members are specified in the NGA/CM.

(…)TITLE IV

COURSES

SOLE CHAPTERCOURSES AND THEIR OBJECTIVES

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Art. 34. To achieve its purposes, the CM provides, in addition to elementary education (from the 5th to the 8th grades) and secondary education (1st to 3rd grades), the following courses: I – The CPrep/EsPCEx course aims at preparing, encouraging, and promoting the participation of volunteer students in the 2nd and 3rd secondary (EM) grades, helping them to deepen their knowledge of the disciplines required for these competitive entrance exams, on another shift, without prejudice to the curriculum of their grade and with a view to a possible grade promotion;III – The course for possible admission to regional Colleges may be offered, without imposing any burden on the CM, on another shift, provided this will not restrict the supply of teachers for the regular courses; andIV – The CFR is aimed at male students that meet the requirements of the Military Service legislation, enrollment in which is voluntary.Sole paragraph. The activities envisaged under this article shall not affect the regular teaching and/or the compulsory EE remedial activities.

TITLE V

INCLUSION AND EXCLUSION

CHAPTER ONE

COMPETITIVE ENTRANCE EXAM AND ENROLLMENT

Art. 35. The number of openings for admission through competitive entrance exam is set each year by a DEP Administrative Rule on a DEPA proposal.Sole paragraph. Applicants must meet the requirements referred to in art. 49 of the R-69.

Art. 36. The purpose of the CM competitive entrance exam is to screen and classify applicants; it is unique and universal and comprises the following stages: registration, academic exam (EI), medical evaluation, and enrollment, all of these exams in conformity with the IRCAM/CM approved by a DEP Administrative Rule.Paragraph I. The preparation of the EI tests is incumbent upon a CM teachers’ commission appointed by the Director of Education, pursuant to the specific legislation in force;Paragraph 2. The tests shall be submitted to homologation by the Director of Education after a technical analysis by the Div Ens, done in a timely fashion so as to leave time for the administrative procedures of printing, checking, and packaging.Paragraph 3. The medical evaluation shall be done at the EE’s health clinic by a panel of medical doctors and dentists, pursuant to the IRCAM/CM.

Art. 37. Each year, DEPA will forward to the CComSEx a summary communication, orienting the military interested in enrolling their dependents, pursuant to the R-69 provisions and conveying the following information:

I – Information about eligibility for enrollment;II – Information on the preliminary test;

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III – General information.

Art. 38. The dependent of a career military that comes under the provisions of art. 52 of the R-69 will be eligible for enrollment, independently from the competitive entrance exam, pursuant to the requirements under this RI. (…)

CHAPTER FOUR

EXCLUSION AND SEPARATION

Art. 47. A student that incurs in one of the situations envisaged by art. 59 of the R-69 shall be subject to exclusion and separation.Sole Paragraph. The Norms Governing the Disciplinary Regime in Military Schools (NRRD/CM), hereto annexed, describe the conditions under which a student’s behavior is classified as “Poor” and the infractions of an eliminatory nature, as well as disciplinary measures, students’ behavior, and rewards.

(…)CHAPTER TWO

GUARDIANS

Art. 53. The duties incumbent upon a student’s guardian, in addition to those established by the legislation in force, are set forth in art. 59 of the R-69.Sole paragraph. A model form for the “Term of Responsibility” referred to in art. 82 of the R-69 is included in the Norms Governing Enrollment and Enrollment Suspension (NRMT/DEPA), which must be obligatorily filled out.

Art. 54. A guardian’s responsibilities are as follows;

I – To be present at the enrollment and to sign the Term of Responsibility;II – To pay the fees and reimburse unforeseen expenses by the student, pursuant to the respective CM Regulations (R-69);III – To provide all the required didactic material and the student’s linen and uniform, except that:

(a) Under the Military Remuneration Law (art. 53 of Law 8237 of September 30, 1991-LRM), the federal government provides students, free of charge, uniforms, bed linen, and personal linen. The complete trousseau shall be provided only to boarding students; day students will not be entitled to bed linen;

(b) These items shall be provided upon request from the student’s guardian, addressed to the CM Commander, and shall be granted within 30 days, subject to satisfactory investigation findings, which shall be published in the Internal Bulletin and conveyed to DEPA.

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(c) At the beginning of the academic year, the CM will make an inventory of students requesting this benefit and forward a complete list to DEPA, which will calculate the costs and request the necessary funds. Students enjoying this benefit under the LRM shall be entered into the CM records, and this information shall be included in the original CM information to be provided in case of a student’s transfer from on CM to another;

(d) Students that are dependents of civilians (orphans and needy persons, as determined by a CM investigation) may be assisted by the Parent-Teacher Association (PTA), without any compulsory obligation to its members.

IV – To assist the student (whether boarding or day student) in his school needs and activities, on leave and on vacation, in relation to disciplinary suspension, and in the case of contagious disease or a disease requiring special attention;V – To present himself at the school whenever asked to do so;VI – To acknowledge communications and other school correspondence by signing the pertinent document;VII – To appoint a substitute guardian when leaving the CM’s locality;VIII – To re-enroll the student under his care by the third week of December of the year preceding the year of re-enrollment, free of charge;IX – To follow and monitor closely the student’s academic performance and behavior, keeping himself informed of the student’s intellectual achievements, attendance to school activities, and disciplinary record; X - To care for the student’s deportment and appearance outside school, particularly when the student is wearing uniform;XI – To cooperate with the student’s well-rounded development, observing the recommendations of the CA, the SPscPed, and the Sec Sau;XII – To inform the Cmt Cia of any changes in personal data and address;XIII – To see that the student is in compliance with his school work and interested in learning;XIV – To attend the parents and teachers’ meetings;XV – To manifest in writing his decision against the student’s attendance of scheduled remedial classes; andXVI – To monitor the student’s attendance at classes.Sole paragraph. The delegation of responsibility referred to in art. 81 of the R-69 shall not exempt the parent or guardian from the obligations hereunder.

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TITLE VII

SCHOOL REGIME

CHAPTER ONEACADEMIC YEAR

Art. 55. The CM academic year is governed by Title IV of the R-69 and the provisions hereof, and normally follows a day-school regime.

Paragraph 1. A boarding school regime may be adopted under the circumstances specified in art. 33 of the R-69, paragraphs 1 and 2.

Paragraph 2. The planning of the academic year is based on the Norms for Educational Planning and Execution (NPCE), issued by DEPA each year and distributed to the CMs, the decisions of DEPA’s Educational Council, and further higher echelon determination.

Art. 56. At the CMs, classes and instruction sessions are governed by the NPCE/DEPA, pursuant to the federal legislation in force.

Paragraph 1. The daily regime of regular work consists of 6 (six) class periods. The time devoted to remedial work, hour load complementation, and other activities is not included in the six periods.

Paragraph 2. The weekly regime of work, from Monday through Friday, is of 30 (thirty) hours of class activity in the morning or in the afternoon shift, the time of the classless shift being devoted to complementing curriculum requirements and to compliance with NPCE provisions.

Paragraph 3. Classes may be scheduled on Saturdays to make up for missed classes, to check learning progress and for preparatory courses for the EsPCEx, college entrance exams, or other forms of admission. Cultural activities, sports competitions, and other extracurricular undertakings may also be scheduled on Saturdays: I – Time devoted to these activities shall not count for weekly hour load purposes, but shall be considered as part of the academic program; andII – Extracurricular activities referred to in the preceding are those that are directly related to the achievement of educational objectives.

Art. 57. If the CM operates on two shifts. Grades in a higher age bracket (5 th, 6th, 7th, and 8th, in this order or priority), will have their basic activities in the afternoon shift.

Art. 58. The CMs may schedule classes on a full-day shift, for the following purposes: to work under better conditions to achieve full compliance with the curriculum of each grade (religious teaching, laboratory, physical education, etc); remedial work; and informal courses for preparation for Military Schools and college entrance exams, by combining classroom activities with others that require special premises.

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Art. 59. In addition to school work, the CMs may also program, without prejudice to the curricular hour load, activities directly related to the achievement of the educational objectives, which aim at the student’s well-rounded development (musters, solemnities, sports meets, civic, religious, and social ceremonies, visits, excursions, and campaigns associated with educational practices).

CHAPTER TWO

ATTENDANCE

Art. 60. Student attendance of classes is compulsory and affects promotion to the next higher grade. Sole paragraph. The Director of Education may delegate attributions to the Cmt Ca for granting leave from attending school activities, in consultation with the SDir Ens.

Art. 61. A student that misses one class period or session or part of it shall lose one point.

Paragraph 1. Each class period or session shall last 45 (forty-five minutes);Paragraph 2. Being up to 5 (five) minutes late, if justified, shall be tolerated and shall not lead to loss of points.Paragraph 3. For disciplinary purposes, pursuant to the legislation in force, justifiable motives shall include the following:

I – Student’s medical treatment attested by the OM medical doctor;II – Illness in the student’s family, if the need for the student’s presence is attested;III – Mourning;IV – Disasters or occurrences deemed to be so by the Director of Education; andV – Other reasons found justifiable by the Director of Education.

Paragraph 4. Absences from class must be justified in writing by the student’s guardian within 3 (three) work days, after which the justification shall not be taken into consideration.Paragraph 5. Unjustified absences are liable to disciplinary sanctions pursuant to the NRRD/CM.Paragraph 6. The number of points lost by the student is controlled by the student body, which must see to its publication in the CM’s Internal Bulletin, and shall be communicated to the student’s guardian through the school report.

Art. 62. The maximum number of points a student may lose in an academic year shall be equivalent to 25 percent (twenty-five percent) of the total hour load of each class, whether the absences are justified or not.

Paragraph 1. The Director of Education shall delegate to the Cmt CA the task of conveying to the student’s guardian, the Municipal Tutelage Council, the competent district judge, and

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the Public Prosecutor’s Office the list of students that absent themselves over 12.5 percent of the curricular hour load; it is incumbent upon the teacher to enter these absences in the class diary.Paragraph 2. The student that exceeds the academic year limit herein specified shall be excluded pursuant to art. 34, paragraph 3 of the R-69.

(…)

CHAPTER FOUR

LEARNING EVALUATION

Art. 64. The learning evaluation is related to student performance objectives and has the following purposes:I – To attest the students’ learning progress;II – To provide inputs for corrections in the teaching-learning process;III – To measure the students’ intellectual progress and to rate this progress at the end of the process;IV – To do an indirect evaluation of the conduction of teaching.

Art. 65. The instruments used for evaluating the learning progress in the Brazilian Military Schools System are listed in the NIAE.

Sole paragraph. The operation of said evaluation instruments is described in the NIAE/DEPA.

Art. 66. A student’s academic performance is expressed in terms of:

I – the area of study (elementary education) or discipline (secondary education):

(a) Periodical Score (NP), corresponding to each bimonthly period;(b) Final Score (NF), corresponding to the passing average; and(c) Remedial Final Score (NFR), corresponding to the passing grade after a remedial test.

II – the grade, corresponding to a Global Grade Score (NGS); andIII – the course, consisting of:

(a) Final Average (MF) of the study areas or disciplines; and(b) Global Course Average (MGC).

Sole paragraph. The student’s academic performance is rated on the basis of the results of the learning evaluation, according to the following scale:

I – Excellent (E), for grades 9.5-10;II – Very Good (MB), for grades 8.0-9.4;III – Good (B), for grades 6.0-7.9);

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IV – Fair (R), for grades 5.0-5.9; andV – Insufficient (I), for grades 0.0-4.9.

Art. 67. The Internal Educational Evaluation Norms (NIAE) issued by DEPA, in particular, and the DEP normative documents, in general, provide details on the analyses’ types, set-up, execution, and interpretation and on the acceptance of the results achieved through the instruments used for evaluating a student’s learning progress; they also provide details on the calculation of grades and averages to express a student’s learning progress, as well as orientation on how to use the evaluation instruments, procedures, and techniques, and should thus be consulted.

CHAPTER FIVE

REMEDIAL WORK

Art. 68. Art. 38 of the R-69 provides for the obligatory remedial work of students that fail to get a NP>5.0 (five point zero) or a NF>5.0 (five point zero) grade in the study area or discipline under consideration. The remedial work shall be diagnostic, progressive, and subject to evaluation pursuant to the norms in force.

Art. 69. The content of the remedial studies program shall focus on the student’s learning difficulties.

Sole paragraph. Remedial classes should have a different approach from regular classes and should seek to arouse the student’s motivation for and interest in improving his performance.

Art. 70. The NIAE and NPCEs specify, among other aspects, the times for remedial studies and the prerequisite assimilation classes that shall take place in the first bimonthly period of the academic year under consideration.

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CHAPTER SIX

QUALIFICATION FOR THE NEXT HIGHER GRADE

Art. 71. Academic performance and attendance of school activities herein dealt with determine a student’s qualification for being promoted to the next higher grade or to the completion of the educational level under consideration.

Art. 72. A student who gets in each study area or discipline a Final Score equal to or higher than 5.0 (five point zero), shall be qualified pursuant to the preceding article, independently from a remedial test (PR).

Sole paragraph. A student who gets an NF under 5.0 (five point zero) after the pertinent diagnostic remedial work shall be subject to the PRF. He shall be qualified for promotion to the next higher grade if, in this test, he gets a Remedial Final Score (NFR) equal to or higher than 5.0 (five point zero).

Art. 73. A student who gets an NF or NFR lower than 5.0 (five point zero) and equal to or higher than 4.5 (four point five) in only (1) one study area of the elementary level or in 2 (two) disciplines of the secondary level, shall be subjected to the fourth class council—the Remedial Class Council (C CR Rc)—that which is responsible for the process’s qualitative evaluation.

I – The Class Councils’ Operation Norms, Annex C hereto, govern the procedures for the analysis of student school behavior during the academic year under consideration; andII – The students evaluated by the C Cl RC shall have an evaluation card filled out with the data gathered throughout the academic year, as well as information conveyed by the SPscPed and the Cmt CA, to allow the members of the council to base their decisions on specific facts.

Sole paragraph. Only the students that do not [sic] miss the PRF shall be brought up to the C CL Rc, pursuant to this article, whether their absence is justified or not.

Art. 74. The students that show an insufficient academic performance in any study area or discipline after the PRF and after being brought up to the C C Rc, as the case may be, shall be declared a repeater in the grade under consideration.

Art. 75. The SCMB does not allow the promotion of a student to the next higher grade if he has to repeat one failed course of the preceding grade.

Art. 76. Students will not be given a second chance for taking a test for the evaluation of their academic progress and for the composition of a passing grade.

CHAPTER SEVEN

CLASSIFICATION

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Art. 77. The students’ classification in the grade under consideration shall follow a descending NGS scale, established pursuant to the NIAE issued by DEPA.

Sole Paragraph. At the completion of the elementary and secondary levels, the students’ classification shall be based on the Course Global Average (MGC).

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TITLE IXSTUDENT BODY

CHAPTER I

CONSTITUTION, OATH, AND SCHOOL SALUTATION

Art. 91. The student body consists of the students enrolled in the CM, in a number set by a DEP Administrative Rule based on the number of openings allowed by the capacity of the premises and by the human and material resources available to the Military Schools.

Sole paragraph. The ensemble consisting of the students and the military personnel connected to the student’s activities is known as the student body.

Art. 92. The academic year’s opening solemnity includes the incorporation of the newly-enrolled students of the Brazilian Military Schools System. Before the CM banner, every new student will take the following oath:

“AS I JOIN THE MILITARY SCHOOL AND BEFORE ITS NOBLE BANNER I COMMIT MYSELF TO FULFILLING IN HONESTY MY DUTIES AS A STUDENT, BEING A GOOD SON AND LOYAL COMPANION, RESPECTING MY SUPERIORS, BEING DISCIPLINED, AND CULTIVATING MORAL VIRTUES SO AS TO BECOME A WORTHY HEIR OF THIS SCHOOL’S GLORIOUS TRADITIONS AND A WORTHY CITIZEN OF MY COUNTRY.”

Art. 93. The CM traditions include the “School Salutation,” which binds all students in the same profession of faith, in a healthy outburst of enthusiasm and pride over the CM:SCHOOL SALUTATIONA student asks:…And to the SCHOOL, nothing?Unison response:…ALL! …A student asks:…So how is it? What is the way it is?Unison response:…Zum, zaravalho opum,Zarapin Zoquié,Oqüe-qué,

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Oqüe-qüé,ZUM!Pinguilim, pinguilim, pinguilim,Zunga, Zunga, ZungaCate marimbau, cate marimbau,Eixau, eixau.COLÉGIO!...(Created by the students)

CHAPTER TWO

HIERARCHY, PROMOTIONS, AND SCHOOL GROUPINGS

Art. 94. The ranking of students in the various school hierarchy ranks is a reward for their dedication to the studies and exemplary behavior, as well as an incentive for their well-rounded development and for choosing a military career.

Paragraph 1. The ranks of the school hierarchy range from student-colonel to student-corporal.

Paragraph 2. For the purposes of hierarchy, the students of the higher grades have precedence, except in the context of the school battalion, where the precedence of posts and ranks prevails, pursuant to Annex A hereto.

Art. 95. Promotions shall be incumbent upon the Cmt CM, based on a proposal from the Cmt CA, and shall be published in the school’s Internal Bulletin:

I – The number of students to be promoted shall be equivalent to 10 (ten) percent of the total number of CM students; andII – Promotions shall be announced at the academic year’s opening solemnity and shall be effective through the beginning of the following academic year.

Paragraph 1. Only those students that have not reached the maximum limit of lost points during the academic year owing to absence from school work, who have obtained a global grade score (NGS) equal to or higher than 7.0 (seven point zero), and whose behavior has been rated “Excellent” shall be eligible for promotion:

I – Promotion in the 5th elementary grade shall be based on the final grade on the competitive entrance exam; the first-placed student shall be promoted;II – As regards the other grades, the score for promotion shall be calculated, with rounding to a third decimal, as follows:

(a) global grade score (NGS), weighted 6 (six);(b) behavior score, weighted 3 (three); and(c) evaluation score by the Cmt CA, weighted 1 (one);

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III – Classification for promotion purposes shall be considered for each grade, regardless of gender;IV – In case of a tie, performance criteria will be used, in the following sequence:

(a) highest NGS;(b) highest behavior score;(c) highest Cmt CA score;(d) highest previous rank or post; and(e) higher age.

Paragraph 2. Students transferred from other CMs where they had already been assigned ranks, keep their posts until the beginning of the following academic year.

Art. 96. Students who have earned a rank in the school hierarchy shall forfeit such honor for the following reasons:

I – If, owing to disciplinary faults, they receive a “Good” rating; andII – If, owing to grave disciplinary fault, at the discretion of the school’s commander, they are deemed undeserving of the honor.

Sole paragraph. The forfeiture of the honor as described above shall be considered a tiebreaker in the case of a student’s new promotion.

Art. 97. The students’ posts and ranks are distributed throughout the elementary and secondary grades, as shown in Annex A hereto.

Art. 98. Students holding a rank have specific duties and enjoy particular privileges.

Paragraph 1. Their duties, in addition to those incumbent on all CM students, include the following:

I – To cooperate in civic and military instruction and in physical education, as necessary;II – To help the command, particularly through their example in maintaining the CM premises neat and in good order; andIII – To excel in irreproachable disciplinary conduct and in the practice of virtues that will set an example to other students.

Paragraph 2. Their rights, in addition to those provided for in the legislation, the regulations, and hereunder, include the following:

I – The wearing of the insignia pertaining to their post or rank;II – Precedence, pursuant to art. 94, paragraph 2 hereof, over the other students at musters, representations, and solemnities; andIII – Assisting as volunteers, with their guardian’s consent, in the capacity of monitors in all disciplines for which they may be called, provided they maintain an average grade higher than 8.0 (eight point zero) in the respective discipline.

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Art. 99. Promotions in the student band are incumbent upon the CM commander, based on suggestion from the Cmt Ca, in consultation with the person in charge of the band.

Paragraph 1. Promotions are aimed at fostering dedication to the musical art, a component of the well-rounded education of the student-citizen, one of CM’s standing objectives.Paragraph 2. Promotion candidates must meet the following requirements:

I – To be enrolled at the CM for longer than 1 (one) year;II – To demonstrate compatible musical knowledge;III – To be assiduous and devoted to the band;IV – To maintain a global grade score equal to or higher than 6.0 (six point zero);V – To hold a “Good” rating in behavior;VI – To have good personal appearance; andVII – To enjoy good reputation with the Cmt Ca.

Paragraph 3. Promotions shall be published in the Internal Bulletin and shall be effective as long as the promoted students remain in the band;Paragraph 4. The promoted officer or rank-holding student shall forfeit this honor:

I – If his performance in any discipline of his grade is rated as insufficient;II – If his behavior is rated as “Insufficient;” andIII – If he has an unfavorable reputation with the Cmt CA, who shall consult the person in charge of the band.

Paragraph 5. The student promoted in the Band shall wear on his uniform, in addition to the insignia of his rank, the badge “LIRA,” which will identify him as a promoted band member.

Art. 100. The posts and ranks in the band are distributed throughout the elementary and secondary grades, as follows:Educational LevelGradeFunction3rd

2nd LieutenantConductorSecondaryLieutenantMusic Master (a)1st, 2nd, and 3rd

1st Sergeant (b)8th

2nd SergeantMusicianElementary7th 3rd Sergeant

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6th

Corporal

Observations(a) Selected among 3rd secondary grade students on the basis of time with the band, musical knowledge, dedication, and assiduity at rehearsals;(b) Students are considered under the same conditions to be promoted from Master to Conductor, in the lack of 3rd grade students. A 2nd grade student has precedence over a 1st

grade student.

Art. 101. The CM student body organizes itself for appearances at civic-military functions and at the School’s graduation ceremonies, in grouping or battalion formation as follows:

I – grouping or battalion command;II – grouping general staff;III – color guard;IV – band;V – school battalions, as many as needed;VI – battalion general staff;VII – 3 (three) companies per battalion;VIII – 3 (three) platoons per company.

Paragraph 1. The organization herein referred to shall undergo the requisite adaptations in accordance with the CA number of students.Paragraph 2. When the school appears in a formation organized by the Arms associations, the commander of an association shall be the student with the highest post or rank in the respective association.

CHAPTER THREE

STUDENTS’ DUTIES AND RIGHTS

Art. 102. The students’ duties and rights, in addition to those set forth in arts. 45 and 45 of the R-69 and in the norms governing specific situations are specified in the various titles hereof, and complemented by the provisions of this article:

Paragraph 1. CM students have the following duties:

I – To comply with the regulation provisions and norms, and with determinations by their superiors;II – To engage in healthy individual and collective hygienic habits and pay careful attention to their personal appearance;III – To observe the discipline and service norms in force;

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IV – To wear the school uniform in conformity with the specifications of the Army/Military School Uniform Regulation, and with the norms in force; casual dress shall not be allowed at the CM’s regular and remedial activities;V – To cultivate the principles of healthy fellowship and conscientious discipline;VI – To be thoroughly familiarized with the regulations, norms, guidelines, and orders that govern student body activities;VII – To pay attention to the preservation of CM supplies, equipment, and facilities;VIII – To keep parents or guardians informed about school activities and school requests, particularly as regards the need for their presence and compliance with their commitments;IX – To present themselves correctly and display an exemplary behavior in their relations with the community; andX – To participate in outside representations when ordered to do so.

Paragraph 2. CM students have the following rights:

I – To 1 (one) year of tolerance at each educational level for repeating a grade, it they are unable to complete the courses within the time prescribed by the R-69;II – To receive support from the educational system;III – To benefit from vocational guidance;IV – To receive psychological and educational orientation;V – To receive medical and dental, emergence, and counseling assistance;VI – To receive from Sec Ens E (Physical Education), in addition to regular instruction, orientation regarding the following:

(a) dietary regime;(b) specific exercises; and(c) corrective exercises.

VII – To enroll in the CFR, pursuant to the LSM, the R-69, and the internal regulations;VIII – To use the library (information center), offices, laboratories, sport facilities, coffee shop, and other facilities of their interest, under the conditions set forth in the NGA/CM;IX – To have a second chance at tests, pursuant to the norms in force;X – To be eligible for promotion in the School Battalion and in the Band, pursuant to the norms in force;XI – To wear decorations, badges, and accessories, in accordance with the Army’s Uniform Regulation and with the norms that govern the matter;XII – To run for representatives of their classmates in the class council;andXIII – To express themselves, at appropriate moments and in accordance with the disciplinary norms, through the “School Salutation.”

Paragraph 3. The students’ duties and rights are set forth in detail in the NGA/CM.

Art. 104. In addition to the forms of rewarding students as prescribed in the previously cited documents, students are entitled to the following types of reward:

I – To join the Alumni Pantheon, pursuant to the bylaws approved by the Cmt CM;

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II – To form part of the Legion of Honor, pursuant to Annex D hereto;III – To be named and “Outstanding Student;”IV – To receive an Assiduity Certificate;V – To be promoted in a school grouping/battalion;VI – To sign the Honor Book; andVII – To receive prizes and medals, pursuant to Annex F hereto.

Paragraph 1. An “Outstanding Student” is the student that earns a Periodical Grade (NP) equal to or higher than 9.5 (nine point five) in at least half the study areas or disciplines of his grade, and an NP equal to or higher than 6.0 (six point zero) in all the others in the two-month period under consideration, thereby demonstrating a high academic performance and setting an example to his peers:

I – For his identification and control, he is granted the use of the Braid during the academic year under consideration, in the following manner:

(a) one loop of red braid for 1 (one) NP;(b) two loops—one red and one blue for 2 (two) NPs; and(c) three loops—two red and one blue for 3 (three) NPs.

II – The student granted this distinction shall not forfeit it during the academic year in which he received it;III – An “Outstanding Student” must have a rating no lower than “Good” in behavior;IV – An “Outstanding Student” who is a volunteer and has his guardian consent, may be employed as a monitor for remedial classes;V – The braid shall be conferred at his company muster; andVI – A transferred “Outstanding Student” shall maintain his prerogatives at the destination CM.

Paragraph 1. The Assiduity Certificate shall be conferred on a student with an attendance record of 95 (ninety-five) percent or higher of curricular activities:I – Only 5 (five) percent of justified absences shall be considered, as a tolerance gesture;II – Unjustified absences preclude the granting of this reward;III – The certificate shall be conferred during the academic year’s closing ceremony and the occurrence shall be posted in CM’s Internal Bulletin.

Paragraph 3. Students graduating from the 8th elementary grade and from the 3rd secondary grade shall enter their signature in CM’s Honor Book, provided they have not received any penalty during their school life. This shall be controlled by the CA, which shall post notice of this honor in the Internal Bulletin.

Paragraph 4. At the completion of the CFR, graduates shall be conferred the following diplomas, in conformity with the law:

I – Best Physical Aptitude Combatant; andII – Best Shooter Combatant.

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CHAPTER FOUR

DISCIPLINARY REGIME

Art. 105. The disciplinary regime, which contributes to an adolescent’s development, influencing a student’s behavior in and out of school, must create an environment conducive to the development of his personality in conformity with the ethical values of Brazilian society, instilling in him attributes that are essential for his social development as well.

Art. 106. The Disciplinary Regime Regulating Norms (NRRD) hereto annexed, set forth the disciplinary relations in which the student body is involved.

Paragraph 1. Disciplinary provisions should be enforced without losing sight of education’s fundamental objective of enabling the educatee to develop his potential for self-realization, qualification for work, and preparation for the ongoing exercise of citizenship. Paragraph 2. Disciplinary norms should be seen as instruments of a student’s well-rounded development; excessive rigor should not be tolerated, as it warps and deforms it, nor should benevolence, as it compromises and thwarts it.

Paragraph 3. Students enrolled in the CFR are equally subject to the NRRD.

CHAPTER FIVE

INTERNAL ASSOCIATIONS

Art. 107. The student body forms part of the Recreational and Literary Society (SRL), which has its own bylaws, approved by the school commander.

Paragraph 1. The SRL is led by a board elected by the CM student body for a mandate of 1 (one) calendar year.Paragraph 2. Any student may run for election, provided that:

I – He has been enrolled at CM for longer than one year;

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CHAPTER SIX

SCHOOL TRANSCRIPT AND DIPLOMAS

Art. 112. The diplomas referred to in art. 74 of the R-69 shall be conferred on students who have completed the 8th elementary grade or the 3rd secondary grade.

Sole paragraph. The granting of a diploma to 3rd secondary grade students, as requested by their respective guardians on grounds of the students’ academic progress, for the purpose of enrolling in a civilian higher education institution, is governed by art. 75 of the R-69.

Art. 113. A student who has been allowed to suspend his enrollment shall not be entitled to any diploma or school transcript while this situation prevails.

Art. 114. The issuing of diplomas, certificates, declarations, and other documents pertaining to a student’s academic life shall be coordinated by the CA through his office. Said documents must be prepared in conformity with the norms specified in the educational federal legislation and with the standardization and uniformness requirements set by DEPA.

Sole paragraph. All documents shall be issued within a maximum of 15 (fifteen) days after receipt of the request, or of the pertinent authorization, in specific cases.

(…)

CHAPTER VIII

RESERVIST TRAINING COURSE

Art. 117. The Reservist Training Course (CFR) is held at Military Schools and its purpose is to train 2nd class reservists pursuant to the Military Service Law.

Sole Paragraph. The CFR lasts half an academic year and is offered in the first academic semester and whenever the number of enrollees is at least 20 (twenty).

Art. 118. Enrollment in the CFR is restricted to SCMB students that are volunteer Brazilians belonging to the class called to render entry-level military service, in accordance with the Regional Conscription Plan, and to students who, although they do not belong to the called class, are volunteers and meet the requirements of the Military Service Law and its Regulation.

Art. 119. To be enrolled, applicants must have been found apt through the medical and physical exam.

Art. 120. Enrollment shall be allowed by the school commander to students included on a list published in the Internal Bulletin on the date set for the course’s beginning.

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Art. 121. Student attendance to instructions and programmed activities is compulsory and is further considered part of the service.

Art. 122. A student’s number of absences cannot exceed 25 percent of the scheduled hour load.

Paragraph 1. A student shall lose 1 (one) point per instruction period or activity missed, the maximum limit before expulsion being 2 lost points, as specified in the PGE.

Paragraph 2. The total of points lost by a student is published on a monthly basis in the Internal Bulletin.

Art. 123. A student that achieves all the Individual Instruction Objectives (OII) on the form included in the Standard Instruction Program followed by the course shall be considered as having passed.

Art. 124. To be enrolled in the CFR, a student must have earned a “Good” behavior rating.

Art. 125. Students are subject to the Military Penal Code and to the Army Disciplinary Regulations (RDE), taking into consideration the limitations imposed by the peculiarities of school life, and only for disciplinary infractions related to the CFR.

Sole Paragraph. CFR students are also subject to the NRRD, hereto annexed, in cases pertaining to CM school activities.

Art. 126. A student shall be subject to exclusion or separation if:

I – He successfully completes the course and is considered apt by medical examination;II – He fails to achieve the OII specified by the standard instruction program followed by the course;III – He exceeds the number of lost points allowed in the course;IV – He is found at the medical examination to be definitively unfit for Army service;V – His behavior is rated “Bad;”VI – He indulges in a moral conduct that makes him unfit for Army Service or for proceeding with the course;VII – He is excluded or separated from the CM in which he is taking the CFR course;VIII – He certifiably becomes a breadwinner;IX – He is considered “Unfit B-2” at the medical examination;X – He is considered “Unfit B-1” at the medical examination.

Paragraph 1. The situations referred to under V and VI above shall be the object of investigation so as to grant the student the right to due process and contradictory right;

Paragraph 2. The student that successfully completes the course but that, on the last day of the course finds himself hospitalized or is found unfit at a medical examination, shall remain attached to the CM and shall be separated on the day a medical panel finds him to be in an apt condition.

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Art. 127. A student separated as described in art. 126 hereof, except if deceased, falls into one of the following situations in respect of the Military Service:

I – He shall be included in the 2nd class reserve, where he will finish the compulsory entry-level military service, in cases referred to in Item I above, and will then be quits;II – His enrollment shall be annulled and he shall be dispensed from the Military Service and be entitled to the Induction Waiver Certificate, in cases referred to in Item VII above;III – He shall receive the Exemption Certificate, pursuant to the legislation in force, in cases referred to in Item III above;IV – He shall be sent to the regional military service, regardless of his time of instruction, in cases referred to in Items II, III, V, VI, VII and X; andV – His enrollment shall be annulled and he shall be entitled to the Induction Waiver Certificate, in cases referred to in Item VIII.

Art. 128. The time of active service rendered shall be entered into the student’s exclusion document, pursuant to the legislation in force.

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ANNEX 9 - Norms that Regulate the Disciplinary Regime of Military Schools (NRRD/DEPA)

NORMS THAT REGULATE THE DISCIPLINARY REGIME OF MILITARY SCHOOLS (NRRD/DEPA)

Service Note No. 01-S2/DEPA, 18 Jul 96

1. PURPOSE

(a) To inventory disciplinary infractions and their classification, listing the causes and circumstances that influence their trial.

(b) To specify the disciplinary penalties, establishing uniform criteria for their application in all Military Schools.

2. References

(a) Regulation of the Precepts Common to Army Educational Institutions (R-126).

(b) Military Schools’ Regulation (R-69).

3. GENERAL CONSIDERATIONS

(a) The disciplinary regime, owing to its consequences for an adolescent’s development and its influence on a student’s behavior in and out of the school environment, should create the conditions to allow the development of his personality in accordance with ethical standards and endow him with the indispensable attributes for smoothly moving up the social hierarchy.

(b) Thus, through acts and attitudes, those responsible for enforcing regulations should observe the greatest care in their application, without ever losing sight that education’s fundamental objective is to enable the educatee to develop his potential for self-realization, qualification for work, and preparation for the ongoing exercise of citizenship.(c) Disciplinary norms should be seen as instruments of a student’s well-rounded development; excessive rigor should not be tolerated, as it warps and deforms it, nor should paternalistic benevolence, as it disfigures and thwarts it.

4. DISCIPLINARY INFRACTIONS

a. Concept

A disciplinary infraction is any violation of ethical precepts, school duties and obligations, social interaction rules, and behavior standards imposed on students, consistently with the Military Schools’ particular educational system.

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b. Sphere of application

These Norms apply to students of Military Schools, including those enrolled in CFR.

c. Specification

Disciplinary infractions are as follows:

(1) Any actions or omissions contrary to school discipline, as specified in Annex A to these Norms.

(2) Any actions or omissions that are not specified in the above-mentioned Annex A or classified as crimes under the Brazilian penal legislation, but affect personal honor, ethical precepts, social decorum, and other prescriptions set forth in the Military Schools’ Regulation or that violate service norms and orders issued by a competent authority.

d. Judgment

The judgment of an infraction should be preceded by an analysis that must take the following into consideration:

(1) The author of the infraction;(2) The causes leading to the infraction;(3) The nature of the facts or actions surrounding it; and(4) The infraction’s possible consequences.

d. Grounds for justification

There may be grounds for justification if the infraction has been committed:

(1) in the practice of a meritorious action or in the interest of the service, order, or public peace;(2) in legitimate self-defense or in defense of another person;(3) in obeying a superior’s order;(4) by reason of a fully certifiable act of God; or(5) in clearly proven ignorance, provided the infraction does not run counter to the normal feelings of patriotism, humanity, and probity.

f. Mitigating circumstances

Mitigating circumstances are as follows:

(1) if the student is a freshman, up to three months of enrollment date;(2) the student’s age;(3) if the student’s behavior has been rated Good, Excellent, or Exceptional;(4) if the infraction is the student’s first;

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(5) if incurred by lack of practice in the service;(6) in view of the relevance of services rendered; and(7) if the infraction was committed to prevent a more serious infraction.

g. Aggravating circumstances

Aggravating circumstances are as follows:

(1) being an officer-student or noncommissioned officer;(2) being enrolled in the CFR or having already completed it;(3) being rated Regular or Insufficient in behavior;(4) infraction committed during service, class, or instruction hours;(5) relapse into the same type of infraction;(6) simultaneous commitment or connection with two or more infractions;(7) collusion of two or more students;(8) abuse of functional authority;(9) commitment of infraction in public, in the presence of troops or students at muster or in the classroom; and(10) premeditated infraction.

h. Classification

(1) Disciplinary infractions shall be classified as light, medium, grave, and eliminatory.

(2) The classification shall be done by the judging authority as prescribed in (d), (e), (f) and (g) above.

5. DISCIPLINARY PUNISHMENT

a. Specification

Disciplinary punishment shall have an educational purpose and shall aim at the maintenance of school discipline, which is essential to a student’s well-rounded development.

(1) warning;

(2) verbal reprimand;

(3) reprimand published in the Internal Bulletin;

(4) study activity of a disciplinary and educational character; and

(5) suspension from school.

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Observation:

At the Cmt CM’s discretion, the punishment of suspension from school may be changed into a study activity of a disciplinary and educational character, to be exercised on Saturdays, Sundays, and Holidays. However, the punishment days imposed shall be counted as unjustified absences.

c. Application extent and authority

(1) The authority to apply disciplinary punishment is inherent in the position and not in the hierarchical rank. It may be exercised by:

(a) Teacher or Instructor: from warning up to verbal reprimand;

(b) Subunit Commander: from warning up to one-day suspension from School;

(c) Student Body Commander: from warning up to three-day suspension from School; and

(d) Military School Commander: from warning up to six-day suspension from School and disciplinary exclusion.

(2) A student’s first infraction susceptible of minimal punishment of suspension from school is incumbent on the Student Body commander.

(3) Those lacking functional punishing authority should, upon learning about an infraction, communicate it to their superior.

(4) When, to preserve discipline, the occurrence requires prompt intervention, the authority of the highest military rank or seniority witnessing it should take immediate steps to stop it from continuing and, to the extent possible, counter its negative consequences, informing the competent authorities by the fastest means of the occurrence and the steps taken in their name.

(5) Officers without punishing authority and the Military School noncommissioned officers are charged with supervising the students and with reporting to their immediate superiors the infractions they detect on or outside the School premises.

(6) The punishment applied may be annulled, suspended, attenuated, or aggravated by the authority that has applied it or by a higher competent authority, if they come to learn about facts that recommend such a procedure.

d. Annulment

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(1) A punishment may be annulled if it is proven that injustice or illegality has been incurred in its application.

(2) The annulment of punishment automatically entails the cancellation of any entry or record on the student’s file.

e. Suspension of punishment

The suspension of the punishment imposed may occur under the following circumstances:

(1) When it becomes evident that the objectives envisaged when the punishment was imposed have been achieved, whether it has been fulfilled to the end or not;

(2) On the grounds of transfer of command, the School’s anniversary, national holidays, major Christian and family dates, provided the transgressor deserves the suspension and has already fulfilled at least one third of the punishment.

(3) The suspension does not entail the cancellation of the negative points assigned in connection with the punishment imposed.

f. Attenuation and aggravation

(1) The attenuation or aggravation of a punishment consists in changing it, after it has been applied, into another less or more rigorous, if one or the other serves the disciplinary or educational interest of the transgressor.

(2) The attenuation or aggravation of punishment may be applied solely within 4 (four) work days as of the date on which the authority learns of the punishment applied.

g. Application

(1) In applying punishment, the following limits should be observed, in principle:

(a) from warning to verbal reprimand, in the case of light infractions;

(b) from reprimand published in the Internal Bulletin to two-day suspension from School, inclusive, in the case of medium-gravity infractions;

(c) from three-day of study activity of a disciplinary and educational character to a six-day suspension from School, inclusive, in he case of grave infractions; and

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(d) disciplinary exclusion, in the case of eliminatory infractions;

(2) The forms of punishment described under item 5 (1)(2) above (warning and verbal reprimand) shall not be published in the CM’s Internal Bulletin but shall be entered into the student’s disciplinary record, after they have been communicated to the Student Body Commander and the requisite Punishment Notice has been issued.

(3) The forms of punishment described under item 5 (3)(4)(5)(6) above (reprimand published in the Internal Bulletin, study activity of a disciplinary and educational character, suspension from School, and disciplinary exclusion) shall entail the issuing of a Punishment Notice and shall obligatorily be published in the CM Internal Bulletin, thereby influencing the student’s behavior.

(4) Suspension from class should be applied only when a student’s behavior interferes with the lesson, in which case the transgressor should be taken to the competent authority for application of the pertinent punishment.

(5) The Punishment Notice shall include the following:

(a) a brief, clear, and precise description of the facts and circumstances leading to the infraction, devoid of belittling or offensive remarks;

(b) specification of the infraction or infractions committed, using the code numbers in Annex A or to item 4(2);

(c) specification of the attenuating or aggravating circumstances;

(d) classification of the infraction;

(e) the punishment applied; and

(f) classification of the student’s behavior, with the pertinent rating.

(6) The conclusions of investigations, particularly of those related to disciplinary exclusion, should be published in the CM Internal Bulletin, both confidential and otherwise, in accordance with the nature of the infraction and pursuant to the CM Commander’s judgment.

(7) The study activity punishment of a disciplinary and educational character shall be fulfilled in a special room during extracurricular hours.

(8) In case of punishment by suspension from school, the punishment days shall be counted as unjustified absences.

(9) The expenses incurred in the study activity of a disciplinary and educational character shall be charged to the Reimbursement of Unforeseen Expenses by the student.

(10) A student suspended from school should report himself as required.

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(11) Only one punishment shall be meted out for one infraction.

(12) The annulment, attenuation, or aggravation of punishment shall automatically entail a readjustment of the student’s behavior rating consistently with the new situation and point accumulation shall be strictly forbidden.

(13) The guardian of a student whose behavior has earned him a Regular or Insufficient rating must be promptly informed thereon.

b. Eliminatory absences

Eliminatory absences leading to disciplinary exclusion are as follows:

(1) After being proven through rigorous investigation:

(a) an infraction that seriously affects personal honor, modesty, and public decorum;

(b) an infraction or disciplinary infraction that makes the student incompatible with the school’s good name and the dignity of the student body;

(c) participation in a strike and other vindication movements;

(d) Recourse to illicit or fraudulent means in doing school work;

(e) carrying or using toxic substances; and

(f) willful destruction of or damage to facilities, equipment and/or materials belonging to the school or third parties.

(2) The practice of common crime, except for victimless crime, that has been proven by investigation.

(3) conviction for military crime of a felonious nature.

6. STUDENT BEHAVIOR

a. Classification

(1) Student behavior is classified pursuant to the following scale:

(a) 10 rating: Exceptional

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(b) 9 to 9.9 rating: Excellent

(c) 6 to 8.99 rating: Good

(d) 5 to 5.99 rating: Fair

(e) 3 to 4.99 rating: Insufficient

(f) 0 to 2.99 rating: Bad

(2) Behavior rating will be done over the entire course and its evaluation shall stand for the duration of each year.

(3) At enrollment, a student’s behavior shall be assigned a rating of 8.0 = Good.

(4) A transferred student shall be assigned the same behavior rating he had in the original school.

(5) At re-enrollment, a student shall be assigned his previous behavior rating.

(6) Disciplinary alterations shall accompany students transferred from one CM to another.

b. Numerical value of punishments

The types of punishment herebelow are assigned numerical values according to the scale hereunder; these values shall be used for behavior rating:

(1) Warning = 0.02;

(2) Verbal reprimand = 0.08;

(3) Reprimand in the Internal Bulletin = 0.30;

(4) Study activity of a disciplinary and educational nature = 0.50; and

(5) Suspension from school (per day) = 0.50.

c. Upgrading of behavior rating

(1) Factors conducive to the upgrading of behavior rating are assigned numerical values that will affect behavior rating in accordance with the following scale:

(a) Verbal praise before classmates, in the classroom, during an instruction session, or at muster = 0.10;(b) Collective praise in the Internal Bulletin = 0.10;

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(c) Individual praise in the Internal Bulletin = 0.30;(d) Promotion to higher grade = 0.40;(e) Promotion dependent on remedial work = 0.20; and(f) Time without punishment = 0.20.After 3 (three) consecutive months, including school vacation time, during which the student has received no punishment, 0.01 shall accrue per day until the Exceptional behavior rating is reached.(g) A student who is accorded an “Outstanding Student” rating or who is promoted to any post or rank of the school hierarchy will have his behavior rating upgraded, at the discretion of the CM Commander;

(2) The upgrading of behavior rating referred to in (a), (f), and (g) above shall be entered into the student’s record of disciplinary changes, after being reported to the Student Body Commander and after the requisite issuing of a Reward Notice.

d. Disciplinary exclusion

(1) Motives for a student’s disciplinary exclusion and consequent separation are as follows:

(a) Commission of an eliminatory infraction; and(b) Assignment of a Bad behavior rating.

(2) Disciplinary exclusion shall be preceded by rigorous investigation and consultation with EE’s Educational Council, except in cases of Bad behavior ratings.

(3) Any case of disciplinary exclusion shall be communicated in writing to DEPA and the other CMs and shall include the following information:- Name- Name of parents- Grade- Date of exclusion- Motive (precise information on the exclusion’s motive and not only on the punishment applied).

This documentation shall be filed at EE’s CA to serve as inputs in the consideration of transfer requests, exceptionally or pursuant to the R-69, so as to prevent the re-enrollment of a student that has been subjected to disciplinary exclusion.

e. Review of the exclusion decision

(1) The student or his guardian shall be entitled to request a review of the exclusion decision if he considers himself harmed, offended, or wronged.

(2) A review request must be written in clear, simple, and respectful terms and addressed to the authority that, in the student’s view, has harmed, offended, or wronged him. The

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request must be received at the authority’s office within a maximum of 6 (six) days after the fact to which it refers.

(3) The student or guardian shall not be allowed to address his claim to a higher authority than the one to whom the unjust measure is being imputed, before his review request has been considered.

(4) The Cmt CM is the instance of last resort in cases of recourses contrary to these Norms, and appeal to higher echelons shall not be permitted.

7. REWARDS

The following rewards are granted students:

(1) Praise before classmates, in the classroom, during an instruction session, or at muster;

(2) Praise in the Internal Bulletin;

(3) Inscription on the Honor Panel;

(4) Promotion to higher posts and ranks of the school hierarchy; and

(5) Prizes.

8. MISCELLANEOUS PROVISIONS

(a) These Norms shall enter into force upon receipt of this NS, and as of that date the Norms that Regulate the Disciplinary Regime of Military Schools (NRRD/DEPA) of June 11, 1990 shall be revoked.

(b) As of the entry into force of these Norms, current and re-enrolled students shall keep the behavior classification and rating they had under the Norms in force until then.

(c) Student Body’s Disciplinary Map. The CMs shall submit to DEPA, by the time herein specified, the Student Body’s Disciplinary Map, pursuant to Annex B hereto, as follows:

(1) January 1 through June 30: by July 15;(2) July 1 through December 30: by January 15.

Rio de Janeiro-RJ, July 18, 1996

Gen Bda CESAR AUGUSTO NICODEMUS DE SOUZADirector, Preparatory and Welfare-oriented Education

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ANNEX A

LIST OF DISCPLINARY INFRACTIONS

1. To lack veracity.2. To make use of an anonymous condition.3. To contribute do discord or disharmony or to cultivate enmity among fellow students.4. To attempt to discredit or to ignore a fellow student.5. To spread gossip or false news.6. To talk or make noise at inappropriate times, places, and occasions.7. To flaunt social conventions or display inappropriate conduct in public places.8. To offend morals and good customs inside and outside the school.9. To engage in or incite arguments through any vehicle about political or military matters.10. To engage in or incite arguments on the school premises about politics or religion.11. To promote or participate in strikes or vindication movements.12. To possess, introduce, or distribute posters, papers, or any other publication of a party politics nature.13. To take part in prohibited games or betting on the school premises.14. To propose or engage in pecuniary transactions of any kind on the school premises.15. To fail to make good on commitments of a moral or pecuniary nature.16. To use four-letter words, which are incompatible with good demeanor, or write them anywhere.17. To frequent places incompatible with social decorum and the condition of a student.18. To attend in uniform any political gathering or manifestation.19. To offend, provoke, or challenge fellow students by acts or words.20. To offend, provoke, or challenge a superior by acts or words.21. To engage in hazing or tricks of any kind.22. To carry or introduce into the school premises any weapon or object susceptible of causing material damage or bodily injury to fellow students.23. To damage or steal fellow student’s belongings.24. To carry or introduce alcoholic beverages into the school premises.25. To come to school or go anywhere under the influence of alcohol or make use of narcotic or hallucinogenic drugs.26. To lead or help someone to get drunk.27. To forge a signature or initials on any document.28. To attempt to use illicit means for doing school work.29. To fail to return to the subunit, at the prescribed time, the school booklet and other documents duly signed by the parent or guardian.30. To appeal to the School Commander, the Subdirector of Education, and the Student Body Commander before following the correct procedures.31. To address, or refer to, or reply to a superior in a disrespectful or impolite manner.32. To make censuring or critical remarks about a superior, or to attempt to demoralize him in military or civilian circles.33. To engage in disputes, quarrels, or fights.

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34. To fail to salute as required a hierarchical superior of the Army, Air Force, Navy, and Auxiliary Forces.35. To fail to greet the civilian teachers.36. To fail to obey orders from the competent authorities.37. To resort to recourse without following the regular procedures, in disrespectful terms, using false or bad-faith arguments, or without just cause or reason.38. To fail to have a haircut at the established times and in the manner determined by the higher echelon.39. To fail to wear the identification tag with the uniform.40. To wear badges or insignia improperly.41. To smoke on the school premises, or out of them when in uniform.42. To engage in courting on the school premises, or out of them when in uniform.43. To wear a different uniform from the one prescribed.44. To skip school work or any other scheduled activity without just cause.45. To leave the classroom without permission.46. To leave the designated place for school work or activities without permission.47. To wander about the school premises or through the streets during class hours or during the time of other scheduled activities.48. To miss or be late for class, muster, instruction, or other school activities.49. To fail to follow the activity occurring in the classroom or during instruction by reading or writing about something alien to the subject being taught.50. To disturb fellow students as they study by making noise of mischief.51. To engage in inappropriate behavior in the classroom, or during instruction, or at muster.52. To appear at any time without uniform, improperly uniformed, or with uniform alterations.53. To come to class without bringing school materials.54. To perform poorly any school task, willfully or inattentively.55. To fail to keep school notebooks and homework up-to-date and in good order.56. To lay hand or to attempt to lay hand of any item, vehicle, or animal in school facilities or use it without permission from the person in charge or of its owner.57. To leave or enter muster without permission.58. To approach or enter any school facility without permission or order from the authority inside it.59. To enter or leave the School through places or ways not allowed.60. To maintain proper deportment at entering, eating in, or leaving the mess hall.61. To enter or leave the school without the uniform, without permission.62. To behave inappropriately in the bathroom or in the lodgings, particularly after taps.64. To fail to rise after reveille.65. To wear a piece of uniform marked with someone else’s name.66. To mark intimate uniform pieces differently from the prescribed form.67. To wear the badge of a different grade.68. To leave the school premises between retreat and reveille without authorization.69. To leave the school premises without permission from the CA Commander or the Subunit Commander.70. To skip meals in the dining hall, if a boarding student.71. To shirk imposed penalties.

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72. To fail to notify the Subunit any change of address.73. To change into uniform in inappropriate places.74. To fail to obey orders or instructions from civilian authorities that to not conflict with the School’s military regime, particularly orders issued by the Juvenile Court.75. To leave objects or uniform pieces in inappropriate places.76. To fail to comply with or to enforce regulations related to the student’s own attributions.77. To fail to communicate to his superior the execution of an order received.78. To delay without justification the execution of an order received.79. To incite or abet noncompliance with an order from the competent authority, or to delay its execution.80. To drop an assigned task.81. To represent the School or undertake commitments in its name without authorization.82. To drive a vehicle without being properly qualified by the competent body.83. To contribute to the facilities’ bad appearance by throwing paper, food leftovers, or any other items in the yards or any place other the appropriate trash collection recipients.84. To fake illness so as to shirk obligations and academic activities.85. To cause or contribute to accidents owing to ineptness, imprudence, or negligence.86. To fire a weapon owing to imprudence or negligence.87. To fail to care for, or to damage or mislay, owing to negligence or noncompliance with school regulations, any property belonging to the Federal Government, whether or not said property is under the student’s direct care.88. To exchange tasks without permission of the competent authority.89. To neglect proper and collective tidiness under any circumstance.90. To bear arms when out of service without permission.91. To practice any act contrary to the correct presentation of the National Symbols.92. To execute calls or regulation signals without being ordered to do so.

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ANNEX 10 – DISAGGREGATED DATA ON STUDENTS IN BRAZIL’S MILITARY ACADEMIES

A. ARMY (ARMY PREPARATORY ACADEMY)

(a) Data on the Recruiting Class of 1992 (Brazilians reaching their 18th birthday in 2010):

Number of recruits enrolled in 2010

Number of recruits approved for General

Selection

Personnel incorporated in Military Organizations operated by the Army in

20111,669,733 576,510 78,354

(b) Number of students in the Preparatory Academy of Army Cadets (EsPCEx)7: 532;

(c) Distribution of EsPCEx students by age, region, and family income:

1. Age Group

a. Numerical Representation

Age No. of Students % Students

15 Years 02 0.37

16 Years 44 8.27

17 Years 103 19.36

18 Years 134 25.19

19 Years 131 24.63

20 Years 95 17.86

21 Years 233 4.32

Total 532 100

(FI 2/4 of the 2011 Socioeconomic Report for EsPCEx Students)

7 For more information, see the “Escola Preparatória de Cadetes do Exército (EsPCEx)” website: http://www.espcex.ensino.eb.br/.

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2. Regional Origin

a. Numerical Representation

State No. of Students Region No. of

Students%

StudentsACRE -

NORTH 10 1.88

AMAZONAS 09

AMAPÁ -

PARÁ 01

RONDÔNIA -

RORAIMA -

TOCANTINS -

ALAGOAS 05

NORTHEAST 82 15.41

BAHIA 10

CEARÁ 29

MARANHÃO 04

PARAÍBA 05

PERNAMBUCO 15

PIAUÍ 07

RIO GRANDE DO NORTE 07

SERGIPE -

ESPÍRITO SANTO 03

SOUTHEAST 265 49.82MINAS GERAIS 68

RIO DE JANEIRO 146

SÃO PAULO 48

DISTRITO FEDERAL 52

CENTER-WEST 88 16.54

GOIÁS 07

MATO GROSSO 04

MATO GROSSO DO SUL 25

PARANÁ 21SOUTH 87 16.35

RIO GRANDE DO SUL 62

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SANTA CATARINA 04

TOTAL 532 - 532 100

3. Economic/Financial Situation

a. Numerical Representation

Family Income No. of Students % Students

Above R$ 1,000.00 21 3.95

From R$ 1,001.00 to R$ 3,000.00 146 27.44

From R$ 3,001.00 to R$ 5,000.00 204 38.35

R$ 5,001.00 and above 161 30.26

Total 532 100

B. AIR FORCE (AIR FORCE PREPARATORY ACADEMY)

a) Data on young male recruits enlisted and selected to compete mandatory military service, according to Law No. 4375 of August 17, 1964:

Current number of recruits (incorporated in March 2011) 5,115

Recruits projected to be incorporated as of August 1, 2011 3,590

b) Distribution of Air Force Cadet Preparatory Academy8 students by age, race, region of origin, and family income.

Total number of students: 586 (five hundred and eighty six)

DISTRIBUTION OF STUDENTS BY AGE

Age Number PercentageAbove 18 years 251 42.8%

17 165 28.2%16 132 22.5%15 31 5.3%14 7 1.2%

DISTRIBUTION OF STUDENTS BY REGION OF ORIGIN

8 For more information, see the “Escola Preparatória de Cadetes do Ar (EPCAR)” website: http://www.epcar.aer.mil.br/

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Region of Origin Number PercentageNorth 25 4.3%

Northeast 74 12.6%South 30 5.1%

Southeast 418 71.3%Center-West 39 6.7%

DISTRIBUTION OF STUDENTS BY RACE

Race Number PercentageAsian 68 11.6%

Caucasian 415 70.8%African 103 17.6%

DISTRIBUTION OF STUDENTS BY FAMILY INCOME

Family Income Number PercentageAbove R$ 1,500.00 42 7.1%

From R$ 1,501.00 to R$ 3,500.00 188 32.1%From R$ 3,501.00 to R$ 7,000.00 248 42.3%

Above R$ 7,000.00 108 18.4%

C. NAVY (NAVAL ACADEMY)

A) Data on young male recruits enlisted and selected to complete the compulsory military service in 2011:

SMO NumberPDPV 217

Recruits projected to be incorporated as June 30, 2011.

2,905

Note: PDPV – Physicians, Dentists, Pharmacists, and Veterinarians.

B) Data on Naval Academy students9:

AGE15 Years 16 Years 17 Years 18 Years 19 Years 20 Years

9 For more information, see the “Escola Naval” website: www.en.mar.mil.br/

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Number of Students 27 110 192 185 110 23

RACE10

Asian Caucasian Indigenous African MulatoNumber of Students 1 408 1 37 200

Region of OriginNorth South Southeast Northeast Center-West

Number of Students 18 6 596 20 7

Family Income Number of Students0 - 3 minimum wage11 553 - 6 minimum wage 1836 - 12 minimum wage 23812 - 20 minimum wage 96

More than 20 minimum wage 31NA 44

10Based on IBGE classification <http://www.ibge.gov.br/home/estatistica/populacao/condicaodevida/indicadoresminimos/conceitos.shtm> and the statement of each student>.11 According to the Federal Law n. 12.382/11, the minimum wage in Brazil is R$ 545,00 per month in 2011.

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