populations to acquire identity documents, and served as a platform for the government
to implement more ambitious registration campaigns and outreach activities.111
The process to secure a birth certificate in Brazil can be carried out in one of two
ways: either at the hospital where the birth occurs, or directly at the local notary office
(which requires the testimony of two witnesses). Parents from indigenous groups are
encouraged to use one of those avenues, but may seek registration in the civil registry
or from a federal office that has a mandate of assisting indigenous people.
Law 12.662 of June 5, 2012, regulates the issuance of the “Live Birth Declaration,”
which are issued by the professional who attended the child’s birth or the hospital where
the birth occurred. In cases where the child is born outside of a hospital, a midwife can
issue the declaration.112 In 2010, a nationwide order was issued to facilitate registration,
allow parents to leave the hospital with both the born alive declaration and the child’s
birth certificate.113
Article 50 of Law 6.016 of 1973 stipulates that registration of a birth must be carried out within 15 days of the birth; if the registration of the birth is to be carried out
by the mother, without the child’s father, the deadline is 45 days after the birth.114 The
law also extends the deadline to three months after the birth for births that occur more
than 30 kilometers from the headquarters of the registry office.115 Once the deadline has
expired, late registration is possible, but must occur before a notary located in the parent’s jurisdiction of residence. This represents an expansion of nationality rights: late
registration previously required judicial authorization.116 Law 10.215 of 2001 establishes
that parents cannot be charged a fine for late registration.
In response to the complexities of Brazil’s civil registration system and the many
different competent actors involved in registration, the Human Rights Secretariat, a
specialized federal government office, has developed several good practices and policies
to encourage birth registration. These practices are aimed at reaching the populations
with the most difficulty in accessing registration.
Among these polices to promote registration, in 2007 Brazil adopted the “Social
Agenda on Birth Registry and Basic Documentation” through Decree 6289, declaring a national commitment to eradicating under registration of births and increasing
access to basic documentation. It also created a national week of mobilization for birth
registration and a campaign promoting basic documentation.117 In the implementation
of Decree 6289, Brazil has engaged in several nationwide registration campaigns as
well as pilot projects for specific municipalities or provinces suffering under registration. These campaigns have been focused on collective efforts (mutirões) and itinerant
services/river services registration posts.118 Rural female workers, indigenous groups,
and riverside populations, as well as quilombola119 communities and other traditional
peoples have been the targeted beneficiaries of these specialized registration efforts
and campaigns.120
BORN IN THE AMERICAS
43
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