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LEGISLATION
In the State of Rio de Janeiro, the private Detectives are framed
for effect of contribution of the tax on services, in the item 4 of
the constant table of the article 79, of the law 1.165, of 13/12/66,
with composition given by the ordinance-law 299 of 25/11/69, and,
consequently, subjects to the payment of the annual tax with the
following codes: Code of Activity Numbers 6.319. Code of Register, I
Number 50 In the item 3, of the service " order AND " n. º 11 -F.R.S
23/02/70 with the following determination: Anybody physics or
Juridical that is used of these professionals' services it should
demand the voucher of two registrations in the fiscal register of
the State of Rio de Janeiro - Brazil.
SINE (National System of Employment) and Ministry of the work, C B
THE (Brazilian Code of Occupation) N. º 5.82-40, This, is the Code I
specify of the Private Detective, in department of Labor that
recognizes the activity as a profession being the Company it can
like this and it owes, if she has in your employee picture a
detective, it should register him/it in your professional wallet, as
such profissional. Goods 18 and 19 of the Brazilian Civil Code and
article 120 of the Law n. º 6015 31/12/73. WELFARE DEPARTMENT, Code
of Atividade N. º 30. Constitution Federal Goods 5 interruptions X l
l l and X l V injunction N. º 196.187 of 24 /11 / 71. Supreme
Federal Tribunal. Entrance N. º 3.654 leaf 59 24 / 11 / 77 Ministry
of the work, classifying Private Detective's activity as an activity
(occupation) lawful. Injunction 7th Civil Camera of the tribunal of
Justice of São Paulo in 29 / 11 / 89 registered in the book N. º
2.256 leaves 220. In the Municipal City halls the Detectives Private
Para to exercise the Profession they are Forced her they accomplish
the law of that municipal one, in other words, they pay the Chamado
ISS (Tax On Services). To pay this Tax the taxpayer he/she will have
that this, registered in CCM that and the (Cadaster of Contribution
would Furnish) and the contribution Codes Vary of Municipal district
for Municipal district some Brazilian municipal district he/she
already has municipal Laws, regulated the Private Detective's day,
June 26 the Private Detective's day. The Detective is also forced to
pay WELFARE DEPARTMENT (National Institute of Social Security) for
retirement ends in the future. We are also forced to declare the
revenues for the clerkship of the federal revenue (ministry of the
farm) through income tax declaration it is the professional, natural
person or legal entity. Another important point for the Private
Detective, THE Federal Government, since 1993, is authorizing the
recruiting of Private Detectives to aid in the location of
inadimplentes of WELFARE DEPARTMENT and other purposes of Federal
interest, tends recently, authorized the recruiting through auction
of Private Detectives or Agencies of Investigation again, as
published in the “Diário Oficial da União” (Union Official Diary),
recently. That, without seizure, is what knows her in the right, as
tacit recognition of the profession.
There is not legal help of part of the Police, in to demand and to
fiscalize the Detective. That is constitutionally task checked only
the promotorias of justice.
LAW N.º 3.099 - OF FEBRUARY 24, 1957.
It determines the conditions for the operation of establishment of
information reserved or confidential, commercial or matters.
The President:
I make to know that the National Congress ordains and I sanction the
following law:
Art.1º The establishments of information reserved or confidential,
commercial or private, they will only be able to work after having
registered in the Commercial Committees of your States or
Territories, with observance of all the legal formalities.
Art. 2º The information will always be rendered in writing in paper
that contains printed papers the name of the establishment, the one
of the society and, for extensive, the one of a manager or director,
at least.
Art. 3º the observance of the dispositions contained in this law it
doesn't exempt the interested of the execution of any other legal
demands.
Art. 4º The establishments, already in operation, they will have the
non-extend period of 90 (ninety) days to regularize your situation.
Art. 5º The authorized establishments to work will supply to the
Police (to the Superintendency of the Political and Social Order and
the Leadership of the Department of Investigations, where they exist),
all the information that be requested them.
Art. 6º Revoked the dispositions in contrary.
Rio de Janeiro, on February 24, 1957; 136.º of the Independence and
69.º of the Republic.
Juscelino Kubitschek
Nereu Ramos
Parsifal Barroso.
FEDERAL DECREE N.º 50.532 - OF MAY 3, 1961.
It disposes on the operation of the companies that treats the Law
number 3.099, of February 24, 1957.
The President, using of the attribution that checks the article 37,
interruption I, of the Constitution, ordains:
Art. 1st. The companies of information reserved or confidential,
commercial or private, that treats the Law n.º 3.099, of February
24, 1957, of property of natural persons or juridical, they will
only be able to work after having registered to the Registration of
the Trade and in the partition Policeman of the place in that
operate.
ONLY PARAGRAPH.
In Federal District, the registration policeman, always to
precarious title, it will be done in the Division of Political and
Social Police of Public Safety's Federal Department and, in States
and Territories, in Partition congenerous of the Clerkships or
Departments of Public Safety.
Art. 2nd. For obtaining of registration Policeman they will present
the companies the following documents:
the) Certificate of the commercial registration, containing the
integer tenor of the declaration of the firm, or I negotiate social;
b) the leaders' of the company Leaf race and of your assistants, the
any title, that you/they work in the investigations.
ONLY PARAGRAPH.
Any modification of the commercial registration, as well as the
admission or it releases of assistants, they should be communicated,
in the period of 48 hours, to the Partition the one that refers the
only paragraph of the previous article.
Art. 3rd. It is hindered to the companies that treats the present
regulation the practice of any acts or strange services to your
purpose and the ones that are private of the authorities policemen,
and they should exercise your activity abstaining from assisting
against the inviolability or modesty of the homes, the deprived life
or the people's good fame.
Art. 4th. The information will always be rendered in writing, in
paper that contains printed paper the name of the company and, for
extensive, the one of a manager or director, at least.
Art. 5th. It accomplishes to the companies to supply to the
authorities Policemen copies of the information supplied your
customers and that they be requested them, rendering, also the
information for them requested.
Art. 6th. The companies that already meet in operation will have him/it
period of ninety days, to count of the publication of this ordinance,
to satisfy your demands.
Art. 7th. The inobservance of the present ordinance subjects the
companies the feather of operation suspension, of one to six months,
imposed by the leader of the Partition the one that he/she refers
the only paragraph of the art. 1st.
Art. 8th. By representation of the authorities federal or state, it
will be able to the Minister of the Justice and Interior Businesses
to annul the operation authorization of the companies the one that
he/she refers this ordinance.
Art. 9th. This ordinance will go into effect in the date of your
publication, revoked the dispositions in contrary.
BRASÍLIA, ON MAY 3, 1961; 140TH OF THE INDEPENDENCE AND 73RD OF THE
REPUBLIC.
JÂNIO QUADROS
ARTHUR BERNARDES FILHO
OSCAR PEDROSO HORTA.
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