Regulation of the National Intelligence System

Decree No. 1311/2015, published in the Official Gazette on July 7, regulates the changes to the National Intelligence System that were introduced by recent Law No. 27,126. Basically, Decree No. 1311/2015 approves the New Doctrine of National Intelligence and regulates the functioning of the Federal Intelligence Agency, which is a new agency that shall act as the governing body of the National Intelligence System.

On March 5, 2015, Law No. 27,126 came into force and introduced changes to the existing National Intelligence System.

On one hand this law defined the legal framework for the development of governmental intelligence activities by stating that such activities shall be conducted in accordance with the Constitution, human rights treaties and any other rule establishing rights and guarantees.

Law No. 27,126 also created the Federal Intelligence Agency, which depends on the Executive Branch and shall be the governing body of the National Intelligence System. The production of national intelligence (for purposes of national defense and internal security) and the production of criminal intelligence (referred to as complex federal crimes, including crimes against the economic and financial order) are some of the functions conferred to this new body.

Recent Decree No. 1311/2015, through the New Doctrine of National Intelligence, now sets forth the principles, content and scope of the functions of the Federal Intelligence Agency, and of the National Intelligence System’s general reform process.

Among other items, after establishing that the national intelligence should ensure domestic security, it was determined that the Federal Intelligence Agency will have functions related to intelligence on terrorism, to attacks against the constitutional order and democratic life, and to organized crime, where drug trafficking and now economic, financial and cyber-crime are also included.

Decree No. 1311/2015 approved the Federal Intelligence Agency’s organizational and functional structure, which will be led by a Managing Director with the rank of minister who will be appointed by the Executive Branch with Senate approval. Notwithstanding, it is the President who is recognized as the ultimate political authority of the National Intelligence System, as the person responsible for formulating national intelligence policy, and is mentioned as the main recipient of the intelligence information produced and managed by the National Intelligence System. 

Law No. 27,126 had already transferred the Department of Judicial Observations and its delegations to the National Attorney General’s area.

The Attorney General’s Office is therefore the only governmental body in charge of implementing the interception of communications (e.g. telephone monitoring). These investigations require an authorization or order from the competent judicial authority in order to be implemented.

The information gathered by the Federal Intelligence Agency will be placed in a new Bank of Data Protection and Intelligence Files. The disclosure or dissemination of this information about individuals or legal entities (public or private) requires a court order or waiver without exception.

Agencies working within the National Intelligence System and its activities will be supervised by a Bicameral Commission for the Control of Intelligence Agencies and Activities, an agency created within the National Congress.