Law No. 12,608: National Civil Defense Policy

• Law No. 12,608, established on April 10, 2012, institutes the National Policy of Protection and Civil Defense (PNPDEC).
• Conversion of Provisional Measure No. 547 of 2011
• The law addresses the National System of Protection and Civil Defense (SINPDEC) and the National Council of Protection and Civil Defense (CONPDEC).
• It authorizes the creation of a disaster information and monitoring system and amends several laws related to disaster response and urban development.
• Technical definitions for applying this law will be established by the Federal Executive Branch.
• The Union, States, Federal District, and Municipalities are responsible for adopting measures to reduce disaster risks.
• These measures can be implemented with the collaboration of public, private entities, and society.
• Uncertainty about disaster risk should not hinder preventive and mitigating actions.

National Policy on Protection and Civil Defense (PNPDEC)

• PNPDEC includes actions for prevention, mitigation, preparation, response, and recovery related to civil protection and defense.
• PNPDEC must integrate with policies for territorial planning, urban development, health, environment, climate change, water resources management, geology, infrastructure, education, science, technology, and other sectorial policies to promote sustainable development.

Guidelines of PNPDEC:

• Coordinated action between the Union, States, Federal District, and Municipalities to reduce disasters and support affected communities.
• Systematic approach to prevention, mitigation, preparation, response, and recovery.
• Prioritizing preventive actions related to disaster minimization.
• Using the hydrographic basin as a unit of analysis for disaster prevention actions related to water bodies.
• Planning based on research and studies about risk areas and disaster incidence in the national territory.
• Civil Society participation.

Objectives of PNPDEC:

• Reduce disaster risks.
• Provide assistance to populations affected by disasters.
• Recover areas affected by disasters.
• Incorporate disaster risk reduction and civil protection actions into territorial management and sectorial planning.
• Promote the continuity of civil protection and defense actions.
• Encourage the development of resilient cities and sustainable urbanization processes.
• Promote the identification and evaluation of threats, susceptibilities, and vulnerabilities to disasters to avoid or reduce their occurrence.
• Monitor meteorological, hydrological, geological, biological, nuclear, chemical, and other events that could potentially cause disasters.
• Disseminate advanced warnings about the possibility of natural disasters.
• Stimulate the organization of urban and rural land use, considering the preservation of native vegetation, water resources, and human life.
• Combat the occupation of environmentally vulnerable and risk areas and promote the relocation of residents in these areas.
• Stimulate initiatives that result in housing allocation in safe locations.
• Develop national awareness about disaster risks.
• Guide communities to adopt appropriate prevention and response behaviors and promote self-protection.
• Integrate information into a system capable of supporting SINPDEC agencies in predicting and controlling the negative effects of adverse events on the population, goods, services, and the environment.

Responsibilities of Federal Entities:

• The Union is responsible for issuing standards for the implementation and execution of the PNPDEC.
• Coordinating SINPDEC in conjunction with the States, Federal District, and Municipalities.
• Promoting studies on the causes, incidence, extent, and consequences of disasters.
• Supporting the mapping of risk areas and studies for threat and vulnerability identification.
• Establishing and maintaining disaster information and monitoring systems.
• Maintaining a national registry of municipalities susceptible to landslides, floods, or related geological or hydrological processes.
• Establishing a system for declaring emergency situations or states of public calamity.
• Instituting the National Civil Protection and Defense Plan.
• Monitoring meteorological, hydrological, and geological risks and issuing alerts.
• Establishing criteria for declaring emergency situations and states of public calamity.
• Encouraging university research and training centers on disasters.
• Supporting the development of educational materials for a culture of disaster prevention.

The National Civil Protection and Defense Plan must include:

• Identification of disaster risks in geographical regions and major hydrographic basins.
• Guidelines for governmental actions at national and regional levels, especially regarding monitoring networks and production of early warnings.
• The States are responsible for executing the PNPDEC within their territory.
• Coordinating SINPDEC actions with the Union and Municipalities.
• Establishing the State Civil Protection and Defense Plan.
• Identifying and mapping risk areas.
• Monitoring risks in coordination with the Union and Municipalities.
• Supporting the Union in recognizing emergency situations and states of calamity.
• Declaring states of calamity or emergency when necessary.
• Supporting Municipalities in mapping risk areas and preparing contingency plans.

The State Civil Protection and Defense Plan must include:

• Identification of hydrographic basins at risk.
• Guidelines for governmental action, especially regarding the implementation of monitoring networks.
• Municipalities are responsible for executing the PNPDEC locally.
• Coordinating SINPDEC actions locally with the Union and States.
• Incorporating civil protection actions into municipal planning.
• Identifying and mapping areas at risk of disasters.
• Monitoring risk areas and prohibiting new occupations.
• Declaring emergency situations and states of calamity.
• Inspecting buildings and areas at risk and promoting preventive intervention and evacuation.
• Organizing and managing temporary shelters.
• Informing the population about risk areas and protocols.
• Mobilizing and training radio operators for disaster response.
• Conducting regular drills.
• Promoting the collection, distribution, and control of supplies in disaster situations.
• Assessing damages in affected areas.
• Keeping the Union and State informed about disasters.
• Encouraging the participation of private entities and volunteer associations.
• Providing temporary housing for families affected by disasters.
• The Union, States, and Municipalities are responsible for developing a national culture of disaster prevention.
• Encouraging preventive behaviors to avoid or minimize disasters.
• Stimulating the reorganization of the productive sector and economic restructuring of affected areas.
• Establishing preventive security measures in schools and hospitals in risk areas.
• Offering human resources training for civil protection actions.
• Providing data and information for the national disaster monitoring system.

National System of Protection and Civil Defense (SINPDEC):

• SINPDEC comprises public administration bodies from federal, state, and municipal levels, as well as public and private entities with significant roles in protection and civil defense.
• SINPDEC aims to contribute to the planning, coordination, and execution of programs and projects for protection and civil defense.
• SINPDEC is managed by a consultative body (CONPDEC), a central body defined by the Federal Executive Branch, state and municipal civil protection agencies, and sectorial bodies from all levels of government.
• Community organizations and other entities can participate in SINPDEC.

National Council of Protection and Civil Defense (CONPDEC):

• CONPDEC is a collegiate body within the Ministry of National Integration.
• It assists in the formulation, implementation, and execution of the National Civil Protection and Defense Plan.
• Proposes standards for PNPDEC implementation and execution.
• Establishes procedures for PNPDEC implementation, execution, and monitoring.
• Proposes procedures for assisting vulnerable populations in disaster situations.
• Monitors compliance with legal and regulatory provisions for protection and civil defense.
• The organization, composition, and operation of CONPDEC are established by the Federal Executive Branch.
• CONPDEC includes representatives from the Union, States, Federal District, Municipalities, civil society, and disaster-affected communities, as well as experts.

Final Provisions:

• Authorization is granted to create a computerized disaster monitoring system using shared databases among SINPDEC members.
• This system aims to provide updated information for prevention, mitigation, alert, response, and recovery across the national territory.
• Housing programs at all levels of government should prioritize the relocation of at-risk communities.
• The Union may maintain a specific credit line for working capital and investment for businesses and individuals in disaster-stricken Municipalities.
• The Union is authorized to provide incentives to Municipalities that adopt measures to increase the supply of urbanized land for social housing.
• In situations of imminent or occurring disaster, competent agencies can transfer goods seized in crime-fighting operations to civil protection agencies.
• Agents of protection and civil defense include political agents, public officials, civil servants or military personnel, and volunteers.
• SINPDEC agencies will take measures to ensure the professionalization and qualification of public agents.
• The powers assigned to the States and Municipalities in this Law also apply to the Federal District.
• Law No. 12,340 is amended to address resource transfers for response and recovery efforts.
• Resources for response and recovery actions from the Union to States and Municipalities are obligatory.
• Beneficiary entities must present a work plan within 90 days of the disaster.
• The central body of SINPDEC will monitor the application of transferred resources.
• Beneficiaries must present an accountability report for all received resources.
• Beneficiaries must retain documentation for five years.
• Law No. 12,340 is amended to include provisions for a national registry of municipalities at risk of landslides or floods.
• Registration is initiated by the Municipality or other entities, following established criteria.
• Listed Municipalities must prepare maps of susceptible areas, develop a Civil Protection and Defense Contingency Plan, and institute municipal civil defense agencies.
• Implement works and services to reduce disaster risks and create mechanisms to avoid building in high-risk areas.
• The Union and States will support the Municipalities in implementing these measures.
• The Federal Government will periodically publish information on land occupation in high-risk areas.
• Information will be sent to the Executive and Legislative branches of the respective States and Municipalities, as well as the Public Prosecutor's Office.
• The Contingency Plan will be prepared within one year.
• Municipalities must adopt measures to reduce risk, including contingency plans, safety works, and relocation of occupants to safe locations.
• Removal of occupants from risk areas can only occur after a site visit, technical report, and notification to occupants.
• Residents should be sheltered and registered for housing assistance.
• Any administrative act authorizing a mandatory transfer that has been determined has falsified documents will lose its effects and the beneficiary must return the values passed on, duly updated.
• Licenses or construction permits are prohibited in non-building risk areas.
• Law No. 10,257 is amended to include the exposure of the population to disaster risks as a factor in urban policy.
• City master plans must include municipalities that are included in the national registry of Municipalities that are susceptible to the occurrence of landslides of great impact, sudden floods, or related geological or hydrological processes.
• The master plan must include: land use parameters, maps of risk areas, intervention planning, and urban drainage measures.
• Guidelines for land regularization of irregular urban settlements and prevision of areas for social house.
• Municipalities have five years to adapt their master plans.

The law also addresses amendments to Law No. 6,766, Law No. 8,239, and Law No. 9,394:

• Law No. 6,766 is amended to condition the approval of projects to the requirements of urban suitability charts in municipalities at risk.
• Law No. 8,239 is amended to include training for disaster relief in alternative military service.
• Law No. 9,394 is amended to include civil protection and environmental education in the elementary and secondary school curriculum.