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 co



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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:

Penalty – Detention for six months to one year

(…)

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;

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.


(…)
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.

(…)


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
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


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:

(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:

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;

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:

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;

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.

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.
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.
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);

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;

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:

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:

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.

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.


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.

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

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;

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 5th 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 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;

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.

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;

(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.


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.

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.
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.
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;

(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;

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;

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

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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