Oton Nasser - Advogados Associados.
Oton Nasser - Advogados Associados.
Fear regulates law that unifies identification documents
March 20, 2018
It was published in the DOU this Tuesday, 6, the decree that regulates new document of national validity that brings together different civil records. With the national Identification document name (DNI), the proposal is to concentrate several documents on a single one. In the DNI will be available the information regarding the CPF, voter title, CNH, professional identity, CTPS, PIS, the blood type, the Rh factor, among other data.
The intention is that as of July this year the initiative begins to reach Brazilian citizens. In the future, DNI should include several documents as agreements are signed with public bodies for the integration of the information base. The proposal is that the document can also be accessed digitally by the mobile phone in a secure way.
The DNI is the result of the National Civil Identification Project, which aims to allow the issuance of a single document of the Brazilian citizen, valid in the national territory, as well as the biometric authentication of the citizen in all the organs and entities Governmental and private. The bill was approved by the National Congress and sanctioned by the Presidency of the Republic in May 2017.
Check out the decree.
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Decree No. 9,278, of February 5, 2018
It regulates law No. 7,116 of August 29, 1983, which ensures national validity to identity cards and regulates its dispatch.
The President of the Republic, in the use of the attribution that gives him art. 84, Caput, item IV, of the Constitution, and in view of the provisions of Law No. 7,116 of 29 August 1983, in Law No. 9,049 of 18 May 1995, and in Law No. 13,444, of 11 May 2017,
Decrees:
Scope of application
Art. 1st This Decree regulates the law on the 7,116 of August 29, 1983, to establish the procedures and requirements for the issuing of identity cards by States and Federal district identification bodies.
Documentary validity
Art. 2. The identity card has public faith and validity throughout the national territory. Documents required for issuing
Art. 3rd for the dispatch of the identity card, the applicant shall be required to submit only the birth certificate or the marriage.
- First in the event that the plaintiff's name has been altered as a result of marriage, he will present the marriage certificate.
- 2nd Brazilian naturalized will present the Act of naturalization published in the Official Gazette of the Union.
- 3rd The Portuguese benefited by the provisions of § 1 of the art. 12 of the Constitution will prove the condition by presenting the act of granting equal rights and civil obligations and the enjoyment of political rights in Brazil published in the Official Gazette of the Union.
- 4. The second route of the identity card shall be carried out by simple request of the person concerned, not the formulation of requirements not foreseen in this decree.
Gratuity of the issue
Art. 4th is free the first issue of the identity card.
Essential information
Art. 5th the identity card will contain: I-the weapons of the Federative Republic of Brazil and the inscription "Federative Republic of Brazil"; II-The identification of the unit of the Federation which issued it; III-The identification of the consignor body; IV-The number of the general register in the issuing body and the place and date of dispatch; V-the name, affiliation and place and date of birth of the identified; VI-The unique number of the birth license plate or, if there is not, in summary form, the county, the registry, the book, the sheet and the birth registration number; VII-Photograph, in the format 3x4cm, the signature and fingerprint of the right thumb of the identified; VIII-The signature of the leader of the consignor body; and IX-the expression "valid throughout the national territory".
- 1. It may be used by the identification body as the number of the general registration of which the item IV of the caput is the registration number of the physical persons of the Ministry of Finance-CPF.
- 2. The registration of the item VI of the caput will follow the constant standards of the National Council of Justice.
- 3rd the Conference of data dealing with item VI of the caput may be requested by the identification body, by means of accreditation, agreement or Covenant, to the National Civil Registry Information Centre-CRC National.
- 4 for the purposes of the provisions of item VII of the caput, biometric patterns will follow the recommendations of the National Civil Identification Committee-ICN.
CPF Information
Art. 6. The registration number of the CPF shall be incorporated, by trade, to the identity card, when the identification body has access to the evidentiary document or to the database administered by the Ministry of Finance of Brazil's Treasury Department. § 1 The incorporation of the number of registration in the CPF to the identity card will be preceded by consultation and validation with the database administered by the secretariat of the Federal revenue of Brazil of the Ministry of Finance. § 2 in the event that the applicant of the identity card is not registered in the CPF, the identification body will carry out its registration, if it has integration with the database of the secretariat of the Federal revenue of Brazil of the Ministry of Finance.
DNI Verification
Art. 7th in the dispatch of the identity card will be performed the biometric validation with the database of ICN to verify compliance with the national document of identification-DNI. Single paragraph. The provisions of caput and item I of § 1 of art. 8. It is conditional on the existence of data sharing between the identification body and the Superior electoral Tribunal.
Information included on request ART. 8 will be included in the identity card, upon application:
I-The number of the DNI; II-The social identification number-NIS, the number in the social integration program-PIS or the number in the program of formation of the patrimony of the public server-PASEP; III-The National health card number; IV-The number of the voter's title; V-the number of the professional identity document dispatched by a legally authorised body or entity; VI-The number of the work card and social security; VII-the number of the national driver's license; VIII-The number of the military certificate; IX-The blood type and the Rh factor; X-specific health conditions for which disclosure can contribute to the preservation of health or save the life of the holder; and XI-the social name. § 1 The attestation of the information referred to in subsections I to VIII of the caput shall be made by means, respectively: I-of biometric validation with the ICN database; II-Registration cards in NIS, PIS or PASEP; III-National Health card; IV-the title of voter; V-of the professional identity document consigned by a legally authorised body or entity; VI-from the employment and social Security portfolio; VII-The national driver's license; VIII-of the military certificate; IX-the result of laboratory examination; E X-of the medical certificate or official document attesting to the vulnerability or particular condition of health which it wishes to preserve in accordance with paragraph X of the caput.
- 2. In lieu of documents dealing with subsections I to VIII of the caput, the presentation of a valid identity document shall be accepted for all legal purposes stating the information to be substantiated.
- 3. The attestation by the person concerned of the information concerning the subparagraphs II to X of the caput shall be dispensed in the hypothesis of the identification body having access to the information by means of electronic basis of data of organ or public entity.
- 4th the social name of which is the item XI of the caput:
I-shall be included: a) upon written request of the person concerned; b) With the term "social name"; (c) Without prejudice to the name of the civil registry on the back of the identity card; and d) without the requirement of evidentiary documentation; and II-may be excluded by written application of the person concerned.
- 5. The application for which the clause "a" of item I of § 4 is to be filed shall be lodged in the identification body, together with the history of changes in the social name. Presentation of the documents mentioned in the identity card
Art. 9. The identity card will prove all the data contained therein and shall dispense with the submission of the documents mentioned therein.
Presentation of documents by authenticated copy
Art. 10. The presentation of the documents that treats the Caput and § 1 of the art. 3 can be done by means of a certified copy.
Model of identity card Art. 11. The identity card will be issued on a cardboard or on paper.
Single paragraph. The identification body is provided with the dispatch of the identity card in electronic media, without prejudice to the dispatch in the physical medium.
Identity card requirements in paper Art. 12. The paper identity card will be made in the 96x65mm dimensions on paper filigreed with invisible fibers reagents to ultraviolet light, preferably in flat form, printed in sweet and offset butchery.
Art. 13. The paper identity card will contain the following safety features: I-stripe in sweet butchery that: a) will be printed in two shades of green color (Barthel in two colours); b) will contain the latent image with the word "Brazil" on both sides; D) will contain positive microletter range, externally circumventing the stripe, with the expression "identity card" spelled in capital letters; e) shall contain the following embedded texts, in accordance with the provisions of the model in the annex, misspelled in capital letters: 1. Federative Republic of Brazil; 2. Identity card; 3. Law No. 7,116, of 29 August 1983; and four. Valid throughout the national territory; II-In the obverse, numismatic background, printed in offset, containing iris and geometric effect and the weapons of the Federative Republic of Brazil, printed with invisible ink reactive to the source of ultraviolet light; III-In the verse, numismatic background with the name of the unit of the Federation and the image of its coat of arms; IV-Mechanical perforation of the acronym of the identification body on the photograph of the holder, where applicable; V-typographical numbering, sequential, in verse or in barcode; VI-two-dimensional barcode, in the standard QR code, generated from the specific algorithm of the identification body; and VII-Film with the image of the weapons of the Federative Republic of Brazil with invisible ink reactive to the source of ultraviolet light. Single paragraph. The two-dimensional barcode that treats the Caput item VI will allow the validity of the document to be consulted in its own system or directly on the official electronic site of the consignor body.
Identity card in Art. 14. The card ID will have the following safety features: I-polymeric substrate in polycarbonate, in dimension 85, 6×54 mm, which will contain microchip of approximation; II-In the obverse: a) stripe in electronic guilhoche containing microletters with the expression "identity card" spelled in capital letters; b) Stripe containing the term "Federative Republic of Brazil" spelled in capital letters; C. Numismatic Fund containing the weapons of the Federative Republic of Brazil; D) Phantom image with the photo of the holder located in the upper right corner; e) Background with invisible ink reactive to the source of ultraviolet light containing the weapons of the Republic Federative Republic of Brazil; E F) Numismatic fund with the name and image of the Federation Unit's coat of arms; and II-in the verse: a) numismatic fund containing the weapons of the Republic Federative Republic of Brazil; b) strip in electronic guilhoche containing microletters with the following incorporated texts, according to the model shown in the annex, misspelled in capital letters: 1. "Identity card"; 2. "Law No. 7,116, of August 29, 1983"; and three. "Valid throughout the national territory"; c) Tactile relief with the weapons of the Federative Republic of Brazil; d) Background with invisible ink reactive to the ultraviolet light source, which will contain the weapons of the Federative Republic of Brazil; e) Barcode, in accordance with the provisions of the single paragraph of art. 13.
Identity card in electronic media Art. 15. The identity card in electronic media:
I-will meet the requirements of security, integrity, legal validity and interoperability, in accordance with the recommendations of the ICN Management Committee; And II-will allow the data to be checked by public authorities with or without Internet connection. Obligation of the models of this Decree
Art. 16. Identification bodies may not use identity card standards that do not meet all the requirements laid down in this decree. Single paragraph. The ICN Management Committee formulates recommendations complementary to the standards set forth in this Decree.
Approval of identity card models
Art. 17. The models of identity cards on paper and in cardboard are the ones listed in the annex. Single paragraph. It is the responsibility of the ICN Management Committee to approve the model of the identity card in electronic media.
Validity of the identity card
Art. 18. The identity card will be valid for an indefinite period.
Art. 19. The identity card may have the validity denied by:
I-alteration of the data contained therein, as to the specific point; II-Existence of damage to the physical environment that compromise the verification of authenticity; III-alteration of the physical characteristics of the holder who generates doubt founded on identity; or IV-significant change in the graphic gesture of the signature. Single paragraph. If the holder is a sick or elderly person, the validity of an identity card may not be denied on the basis of subparagraphs III and IV of the caput.
Art. 20. The Portuguese benefited by the provisions of § 1 of the art. 12 of the Constitution which loses this condition and the Brazilian who loses the nationality, according to paragraph 4 of the art. 12 of the Constitution, will have the identity card collected by the Federal Police and forwarded to the consignor identification body for cancellation.
Transitional provisions
Art. 21. As of March 1, 2019, the identification bodies will be obliged to adopt the identity card standards established in this decree.
Art. 22. The identity portfolios issued in accordance with the standards prior to this decree remain valid.
Revocation
Art. 23. are revoked:
I-Decree No. 89,250, of 27 December 1983; II-Decree No. 89,721, of 30 May 1984; and III-Decree No. 2,170, of March 4, 1997.
Vi g is n c i a
Art. 24. This decree enters into force on the date of its publication. Brasilia, 5 February 2018; 197 of independence and 130 º of the Republic.
MICHEL Fear Mbarak Garden