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 3rd paragraph to art. 5 of the Federal Constitution, establishing that “international treaties and 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 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 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.
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.
ANNEX 2 - Relevant provisions of the Military Service Law
LAW 4375 OF AUGUST 17, 1964
Military Service Law
Know all men by these presents that the NATIONAL CONGRESS has decreed and I have sanctioned the following law:
Nature, Compulsory Character, and Duration of Military Service CHAPTER ONE
Nature 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 into these entities shall be subject to authorization from the competent military authority and shall be established in this Law’s regulation.
Duration 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.
Recruitment for Military Service CHAPTER ONE
Recruitment Art. 12. Recruitment for Military Service encompasses the following:
(b) calling up;
(c) induction or enrollment in Reserve Training Outfits; and
(d) voluntary presentation.
Selection Art. 13. Selection of the class called and of volunteers shall be done on the basis of the following aspects:
(c) psychological; and
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.
Calling 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.
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.
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.
Art. 27. The Military Ministers may at any time of the year authorize the acceptance of volunteers, whether they are reservists or not.
Interruption of service
Art. 31. Active service in the Armed Forces shall be interrupted by the following reasons:
(a) annulment of the induction;
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.
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.
ANNEX 3 - Relevant provisions of the Military Service Regulation
DECREE NO. 57654 OF JANUARY 20, 1966
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
Objectives of this Regulation
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.
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.
(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.
(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.
(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 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.