Brazilian Law Regarding Ayahuasca
In Brazil it is legal to use Ayahuasca for spiritual and religious purposes: GMT_CONAD_English.doc (bialabate.net)
MULTIDISCIPLINARY WORKING GROUP - MWG- AYAHUASCA
FINAL REPORT
Translated to English by Christian Frenopoulo
I – INTRODUCTION
1. CONAD is the normative organ of SISNAD, the National System of Public Policy on Drugs, and its decisions “must be complied with by organs and entities of the Public Administration that integrate the System” (arts. 3, I, 4, 4, II and 7, of the decree no 3.696, from 21/Dec/2000). As such, exercising its legal ompetence, it has approved the findings of CATC which, in turn, has adopted the findings of the collegiate that preceded it—the CONFEN—and has furthered other pertinent topics related with the issue of the “religious use of ayahuasca,” in fulfillment of the final observations and conclusions approved by CONAD stating that “it must be registered in acts, for purposes including use by interested parties, that there cannot be any restriction, whether direct or indirect, of the religious practices of the communities, based on the prohibition of the ritual use of ayahuasca.”
2. The said finding concluded that: “a) the chamber ratifies the prior decisions of the collegiate, with the additions of the present report, as referred in point 4; b) it recommends the consolidation, in separatas, of all aforementioned decisions, for access and use by interested parties; c) religious freedom and family authority must serve the social peace, to which individual autonomy is submitted; d) the freedom of the religious use of ayahuasca must be reiterated, keeping in mind the unvarying arguments of the collegiate’s decisions, in its previous and current composition, considering the inviolability of conscience and belief and the guarantee of state protection of manifestations of popular, indigenous and Afro-Brazilian cultures, based on arts. 5, VI and 215, § 1 of the Constitution of Brazil, avoiding, in this way, any form of manifestation of prejudice.”
3. Resolution nº 05 – CONAD, from November 10, 2004, has the objective of contributing to the full implementation of what was discussed and approved “concerning the religious use of ayahuasca,” and for which the MWG was constituted, which thus has as its premises the matters decided by CONAD to work with ample freedom on the “study of whatever is needed to accomplish,” that is, the formulation of a document that “translates the deontology of the use of ayahuasca.”
4. The Multidisciplinary Working Group, instituted by the Resolution nº. 5 CONAD, of November 04, 2004, to recognize and accompany the religious use of ayahuasca, as well as research on its therapeutic use, in experimental character, was officially installed by the Chief Minister of the Cabinet of Institutional Security of the Presidency of the Republic and President of the National Anti-Drugs Council, JORGE ARMANDO FELIX, on May 30, 2006, in the Palace of the Planalto, in Brasilia-DF, and has the final objective the elaboration of a document that would decode the deontology of the use of ayahuasca, as well as modes of prevention of inadequate use.
5. AYAHUASCA, here, is referenced in a generic mode, to maintain uniformity of the text and harmony with the nomenclature used in officials acts of CONAD, however is known by other names, according to each community of use in Brazil and abroad, distinguishing the more common expressions “HOASCA”, “SANTO DAIME” and “VEGETAL”, composed indistinctly of the vine Banisteriopsis caapi (jagube, mariri, etc.) and by the leaf of Psychotria viridis (chacrona, rainha, etc.).
6. Under the terms of the referred Resolution, the MWG was composed of six scholars, indicated by CONAD, from areas that cover, among others, the following aspects: anthropology (represented by Dr. Edward John Baptista das Neves MacRae), pharmacology/biochemistry (Dr. Isac Germano Karniol), social (Dr. Roberta Salazar Uchoa), psychiatry (Dr. Dartiu Xavier da Silveira Filho) and juridical (Dr. Ester Kosovski) and six members, invited by CONAD, representatives of the groups that use ayahuasca, elected in a seminar carried out in Rio Branco on March 9 and 10, 2006; these are: branch of Padrinho Sebastião Mota de Melo: Alex Polari de Alverga; denomination of Mestre Raimundo Irineu Serra: Jair Araújo Facundes and Cosmo Lima de Souza; denomination of Mestre José Gabriel da Costa: Edson Lodi Campos Soares; independent denominations (other denominations): Luis Antônio Orlando Pereira and Wilson Roberto Gonzaga da Costa. Considering that the denomination of Mestre Daniel Pereira de Matos, popularly known as the denomination of Barquinha, decided to not participated in the MWG, according to a letter addressed to CONAD, the election of a person to fill the vacancy was carried out during the seminar from among the denominations that were present. At that moment another representative from the denomination of Mestre Raimundo Irineu Serra was chosen.
7. The MWG has counted with the support of the National Anti-Drug Secretariat, represented by the Director of Prevention and Treatment Policy, Dr. Paulina do Carmo Arruda Vieira Duarte, and the Executive Consultant of CONAD, represented by Ms. Déborah de Oliveira Cruz and Ms. Maria de Lourdes Carvalho. In their ordinary meetings, they have counted with the support of Dr. Domingos Bernardo Gialluisi da Silva Sá, jurist, Titular Member of CONAD and of the Chamber of Technical Scientific Advisory, also represented by Dr. Marcelo de Araújo Campos and Dr. Maria de Lourdes Zenel.
8. In addition to the first meeting in which the members of the MWG took possession of their posts, six more meetings were held in the Board Room of the National Anti-Drug Secretariat, on the dates June 28, July 28, August 28, October 23 and 24 and November 23, all registered in acts, during which the following matters were discussed: registration of entities; juridical and legal aspects for the regulation of religious use and protection of religious freedom; regulation of precepts for the production, use, conveying and transport of ayahuasca; procedures for the reception of new individuals interested in the religious practice; definition of therapeutic use and other scientific matters; ayahuasca, culture and society; and, systematization of tasks for the elaboration of a final document. The specialist in the area of psychology indicated by CONAD, Dr Eroy Aparecida da Silva, declined her participation in the MWG.
9. The final objective of the MWG, according to the terms of Resolution nº 05/04 CONAD, is to identify “whatever is needed to accomplish” to attend to the diverse items that integrate the rights and obligations pertinent to the “religious use of ayahuasca.” The “study” of “whatever is needed to accomplish” constitutes, exactly, the activities carried out by the MWG, decoding, thus a “deontology of the use of ayahuasca”: (deon, from the Greek: “what must be done” + logos, also from the Greek: “to study” ).
II – HISTORY OF THE REGULATION OF THE USE OF AYAHUASCA
10. The establishment of the Multidisciplinary Working Group expresses the constitutional obligation of the Brazilian state to protect popular and indigenous manifestations and to guarantee the right of religious freedom. It represents the culmination of the process of legitimization of the religious use of ayahuasca in the country, initiated more than twenty years ago, with the creation of the first Working Group of CONAD (known as CONFEN at the time), assigned to examine the convenience of the provisional suspension of the inclusion of the substance Banisteriopsis caapi in the Ordinance nº 02/85, of DIMED (Resolution nº. 04/85, of CONFEN).
11. This first study, involving carrying out several research episodes and visits to the communities of users in various states of the federation, especially Acre, Amazonas and Rio de Janeiro, resulted, after two years, in an extensive report, from September 1987, subscribed by the then Counsellor of CONFEN, Doctor Domingos Bernardo Gialluisi da Silva Sá, President of the Working Group, which concluded that the vegetal species that integrate the elaboration of the drink known as ayahuasca would remain excluded from the list of substances prohibited by DIMED.
12. This conclusion was approved by the plenary of the former Federal Narcotics Board, in the September 1987 meeting, such that the provisional suspension of the prohibition of the use of ayahuasca, implemented by Resolution nº 06, of CONFEN, from February 04, 1986, became definitive, excluding the drink and the vegetal species that compose it from the DIMED schedules.
13. In this regard, in 1991, in view of an anonymous accusation, upon initiative of the then Counsellor of CONFEN, Paulo Gustavo de Magalhães Pinto, Chief of the Division of Repression of Narcotics of the Department of Federal Police, the “question of the use of ayahuasca” was reexamined.
14. From this resulted, once again, on behalf of CONFEN, the realization of studies on the context of production and consumption of the drink, carried out by Doctor Domingos Bernardo Gialluisi da Silva Sá, who, in a conclusive finding of 02/06/92, approved unanimously by the 5th Ordinary Meeting of CONFEN held on the same day, considered that there were no reasons to modify the conclusion proposed in 1987, in the final report mentioned before.
15. Ten years later, in view of accusations concerning the inadequate use of the drink ayahuasca, most of which were made public through the press and others that were conveyed through organs of the Public Authority, particularly CONAD, Federal Police and Prosecution, a fact that is amply documented in the consolidation of the decisions and studies of CONAD and other institutions concerning the use of ayahuasca, a new Working Group was established by Resolution nº 26, of December 31, 2002.
16. According to this resolution, the WG must be composed of diverse institutions, based on the principle of shared responsibility, now with the objective to establish norms and procedures that may preserve the religious cultural manifestation, observing the objectives and norms established by the National AntiDrug Policy and the pertinent legal diplomas. There is no record that this group was constituted.
17. On March 24, 2004, CONAD requested the Chamber of Technical Scientific Advisory to conduct a study and technical-scientific report regarding the diverse aspects of the use of ayahuasca, the moment in which the said advisory organ of CONAD emitted a finding that was presented and approved in the Meeting of CONAD of 17/08/04, which served as the basis for Resolution nº 5, of CONAD, from 04/11/04, which instituted the Multidisciplinary Working Group.
III – MEETING PROGRESS
18. In order to comply with the terms of the resolution that instituted it, the MWG had as its first task, after electing the President and Vice-President of the Group, respectively Dr. Dartiu Xavier da Silveira Filho and Edson Lodi Campos Soares, the elaboration of a National Registry of Entities that Use Ayahuasca – the CNEA.
19. In this regard, the group considered many concerns, beginning with the intention of the said registry, which must not serve as a mechanism of state control over the constitutional right of freedom of belief (art. 5, VI, FC). Its objectivity was also discussed, in order to avoid demands that would come to invade the individual right to intimacy, private life and image of the users (art. 5, X, FC). In this sense, a consensus was reached that responding or not to the registry would be facultative for the entities.
20. Having determined these parameters, the registration form was made available to the interested parties, accompanied by a letter with explanations and a copy of Resolution nº. 05/04, of CONAD. Currently, almost one hundred entities have been registered, giving a partial dimension to the diverse practices adopted by the entities that make use of ayahuasca in Brazil. The registry is still available for interested entities.
21. The MWG attempted to highlight and consolidate the practices that the entities themselves consider to be adequate and responsible religious use, Ministeries of Justice, Foreign Affairs, Agriculture, Fisheries and Farming and Supply, Department of Federal Police, ANVISA, IBAMA, FUNAI, OAB, Brazilian Medical Association, Brazilian Psychiatry Association and religious denominations users of the tea ayahuasca. Previously established in the “Charter of Principles”, which resulted from the 1st Seminar of Entities of Ayahuasca, carried out in Rio Branco on November 24, 1991.
In the discussion, the following topics were prioritized: definition of ritual use, commercialization, tourism, publicity, association of ayahuasca with other substances, creation of new centers, self-sustainability of the entities, procedures to receive new interested individuals, therapeutic use, as well as the definition of a mechanism to make effective the deontological principles that were formulated. Most of the deliberations in the group were consensual and are synthesized in item V – Conclusion.
IV–TOPICS DISCUSSED
IV.I – RELIGIOUS USE OF AYAHUASCA
22. For decades, the ritualistic use of Ayahuasca – a drink obtained from the decoction of the vine Banisteriopsis caapi (jagube, mariri, etc.) and the leaves of Psychotria viridis (chacrona, rainha etc.) – has been recognized by Brazilian society as a legitimate religious practice, such that the conclusions of the reports and findings that resulted from the multidisciplinary studies determined by the former CONFEN in 1985 are more than current, when they had verified that “for many decades the use of Ayahuasca has been ocurring without leading to any known social damage.”
23. The correct identification of what is religious use, according to the concepts and practices dictated by the entities that use ayahuasca themselves, will allow the freedom of belief contemplated in the Federal Constitution to be securely protected. Considering the occurrence of records of non religious use of ayahuasca, its identification will allow practices that do not fit the constitutional protection to be prevented.
24. It is a matter, then, of ratifying the legitimacy of the religious use of ayahuasca as a rich and ancestral cultural manifestation which, precisely because of its historical, anthropological and social value, merits the protection of the state, in accordance with the 2nd art., “caput,” of Law 11.343/066 and art. 215, §1, of the FC. Practices that may place the legitimacy of traditionally recognized use protected by the Brazilian state must be avoided, including the use of ayahuasca associated with illicit psychoactive substances or outside of the ritualistic environment.
IV.II – COMMERCIALIZATION
“2nd Art. Drugs are prohibited in all the national territory, as well as the plantation, culture and exploitation of plants and substrates from them that can be extracted or produced as drugs, with the exception of hypothetical legal authorization or regulation, as well as what is established in the United Nations Convention of Vienna on Psychotropic Substances of 1971, with respect to plants with strictly ritual-religious use” (our emphasis).
25. The MWG recognized the religious character of all the acts that involve ayahuasca, from the gathering of the plants and their preparation, to its storage and administration, such that its practitioner participates in all these with the conviction of practicing an act of faith and not commerce. For this reason, the plantation, preparation and administration with the objective of obtaining profit is incompatible with the religious use that the entities recognize as legitimate and responsible.
26. Whosoever sells ayahuasca does not practice an act of faith, but commerce, and contradicts and assaults the legitimacy of the traditional use consecrated by the religious entities.
27. The prohibition on the commercialization of Ayahuasca is not confused with its expenditures, with the payment of expenses involved in the gathering of the plants, their transport and its preparation. These maintenance costs, according to the statutory organizational modes, are supported by the community of users. It is evident, too, that the production of Ayahuasca has a cost, which may vary according to the region which produces it, the number of members, the higher or lesser ease in which the raw materials (vine and leaves) are acquired, if it is a plantation that belongs to the entity itself or if the plants are obtained from the native forest, and many other variables.
28. Historically, though, according to the experience of the religious entities called upon to compose the Multidisciplinary Working Group, this cost is shared within the institution through the membership contributions of each each entity. Members respond for the costs of maintenance of the religious organization, in which the expenses of Ayahuasca production are included, in their regular accounts.
29. The responsible religious use in the production of Ayahuasca is outlined from the verification of the practices of the entities: a) cultivate the plants and prepare Ayahuasca, in principle, for internal consumption; b) seek sustainability in the production of the species; and, c) when it is not possible to possess their own cultivation and there is no way to obtain the raw materials from the native forest— without abstaining from seeking self-sufficiency within a reasonable time frame — nothing hinders obtaining the tea through meeting the costs of expenditures only, avoiding that there be individuals, groups or entities who dedicate themselves, whether exclusively or in a major part, to the supply of third parties.
IV.III –SUSTAINABILITY OF THE PRODUCTION OF AYAHUASCA
30. The culture of the religious use of Ayahuasca, being a faith that is based on a drink extracted from plants that are native to the Amazonian Forest, presupposes environmental responsibility in the extraction of the species. The religious entities must seek self-sustainability in the production of the drink, cultivating their own plantations.
IV.IV–TOURISM
31. Tourism, as a commercial activitiy, must be avoided by the entities, which because they are constituted as religious institutions, must not orient themselves to the intention of profit, principally deriving from the exploitation of the effects of the drink.
32. The Federal Constitution guarantees the free exercise of religious cults, which has the consequence of the right to propagate the faith through the legitimate displacement of its members. In this sense, all have the right to profess their faith freely and to promote events within the established legal limits. What is sought to be avoided is that a serious, responsible religious practice, legitimately recognized by the state, should become, through the force of a use that is divorced from ethical principles, a mercantilism of a psychoactive substance, generating profit for individuals or groups, who use the argument of faith only as a shield for inadequate practices.
IV.V– DIFFUSION OF INFORMATION
33. The publicity of Ayahuasca has also been a motive for deformations and abuses, notably through the Internet. It can be observed, principally through this means of communication, that there is an availability of all sorts of paid courses and workshops, whose central element is the use of Ayahuasca associated with promises of transformational experiences divorced from religious ritual.
34. Based on the experience of the entities and their ritual practices, it is seen that responsible ritual use is incompatible with publicity and the offer of promises of miraculous cures, rapturing personal transformations and the induction of individuals who believe that Ayahuasca is the panacea for all ills. It is the consensus of the GMT that those who make responsible religious use do not divulge information that may induce people to have a fantasiacal image of Ayahuasca and they treat the topic with discretion, without making loud proclamations of the effects of the substance.
IV.VI –THERAPEUTIC USE
35. For the purposes of this report, “therapy” is understood as an activity or process oriented towards healing, maintenance or development of health, in consideration of ethical scientific principles.
36. Traditionally, some denominations possess healing rituals in which Ayahuasca is used, inserted within the context of faith. The therapeutic use that is traditionally attributed to Ayahuasca in the religious rituals is not therapy in the sense defined above, constituting an act of faith and, thus, the state may not interfere in the behavior of individuals, groups or entities that make use of the drink, in a strictly religious context. Those who use the drink outside of a religious context are in another condition. This is not related with religious use, and such a practice is not recognized as legitimate by CONAD, which has solely authorized the use of the substance in religious rituals.
37. The therapeutic use of Ayahuasca in activities privative of a profession regulated by the law will depend on the professional habilitation and support of scientific research, or will otherwise incur in the illegal exercise of the profession or reckless professional practice.
38. Any practice that implies the use of Ayahuasca with strictly therapeutic ends, whether of the exclusive use of the substance, or whether associated with other substances or therapeutic practices, must be prohibited, until its efficacy is proven through scientific research carried out in research centers associated with academic institutions, following scientific methodologies. Thus, the recognition of the legitimacy of the therapeutic use of Ayahuasca will occur only after the conclusion of research that proves it so.
39. Based on the accounts of representatives of the user entities, it is seen that healings and the solution of personal problems must be understood within the same religious context as other religions: as acts of faith, without a necessary relationship of cause and effect between use of Ayahuasca and the healing or solution of problems.
IV.VI –ORGANIZATION OF THE ENTITIES
40. The growth of the use of Ayahuasca and the ease with which the drink can be bought from individuals without a commitment to the faith has resulted in the emergence of new entities, which do not have experience in dealing with the drink and its effects, as well as making incorrect use of Ayahuasca, associating it with practices that are not related with religion. Ritual use characterized by the search for a religious identity differs from merely recreative use.
41. Responsible religious use of Ayahuasca assumes the presence of experienced individuals, who know how to deal with the diverse aspects that are involved in this practice, these being: the capacity to identify the plant species and to prepare the drink, to recognize the appropriate moment for serving it, to discern individuals in which use is not recommendable, in addition to all the aspects linked with ritualistic use, according to their spiritual orientation.
42. Although solitary and isolated acts of faith are recognized, the religious practice is usually collective. It is recommendable for groups to constitute themselves into formal organizations, as juridical persons, consolidating the idea of responsibility, identity and social projection, that may allow users to engage in the religious practice in an environment of confidence.
IV.VII –PROCEEDURES FOR THE RECEPTION OF NEW MEMBERS
43. In addition to the principles inherent to each of the doctrinal denominations for the reception of new members, it is reasonable and prudent that when Ayahuasca is administered it be taken into consideration: accounts of prior mental alterations, the emotional state at the time of use and that they not be under the effects of alcohol or other psychoactive substances.
44. Before drinking for the first time, the interested individual must be informed of all the conditions that are required for the use of Ayahuasca, according to the orientation of each entity. A prior interview, oral or written, must be carried out in the sense of finding out the conditions of the interested individual and in it all necessary clarifications on the natural effects of the drink must be given.
45. It is recommendable for each entity to accompany participants until the end of the rituals, with the exception of previously authorized early departures in exceptional cases and with the acquiescence of the person who is in charge.
IV.VIII –THE USE OF AYAHUASCA BY MINORS AND PREGNANT WOMEN
46. Considering the lack of sufficient scientific evidence and considering the secular use of Ayahuasca, which has not demonstrated damaging effects on health, and the terms of Resolution nº 05/04, of CONAD, the use of yahuasca by minors under 18 (eighteen) years old must remain an object of deliberation of the parents or responsible guardians, in the adequate exercise of family authority (art. 1634 of the CC); with respect to pregnant women, their degree of participation is their own responsibility, attending, permanently, the preservation of the development and structuring of the personality of the minor and the unborn child.
V- CONCLUSION:
a. Considering that CONAD, accepting the finding of the Chamber of Technical Scientific Advisory, recognized the legitimacy of the religious use of Ayahuasca, in the terms of Resolution nº 05/04, which instituted the MWG to elaborate a document that would decode the deontology of the use of Ayahuasca, as a form of prevention of its inadequate use;
b. Considering that the MWG, after several discussions and analyses, where the pluralism and encounter of ideas prevailed, considered the inadequate use of Ayahuasca to be: the practice of commerce, the touristic exploitation of the drink, the use associated with illicit psychoactive substances, the use outside of religious rituals, therapeutic activity without the support of scientific research private of professions regulated by the law, quackery, propaganda, and other practices that may place at risk the physical and mental health of individuals;
c. Considering that the diginity of human persons is a foundational principle of the Federative Republic of Brazil, and within the rights guaranteed to citizens, the freedom of conscience and belief stand out as inviolable rights, being up to the state, in the form of law, to guarantee the protection of the places of worship and their liturgies (CF, arts. 1º, III, 5º, VI);
d. Considering the decision of the INCB (International Narcotics Control Board), of the United Nations Organization, relative to Ayahuasca, which sustains that neither the drink nor the plant species that compose it are subject to international control;
e. Considering, finally, that the ritualistic religious use of Ayahuasca has been recognized as a legitimate practice for a long time, is constituted as a cultural manifestation that is inseparable from the identity of the traditional populations of Amazonia and of part of the urban population of the country, it being the responsibility of the state not only to guarantee the full exercise of this right to cultural manifestation, but also to protect it from any means of precaution and prevention, under the terms of art. 2, “caput,” Law 11.343/06 and art. 215, caput and § 1 c/c art. 216, caput and §§ 1 and 4 of the Federal Constitution.
The Multidisciplinary Working Group approved the following deontological principles for the religious use of Ayahuasca:
1. The Ayahuasca tea is a product of the decoction of the vine Banisteriopsis caapi and the leaves of Psychotria viridis and its use is restricted to religious rituals, in locations authorized by the respective leaderships of the user entities, prohibiting its use associated with illicit psychoactive substances;
2. The whole process of production, storage, distribution and consumption of Ayahuasca is integral to the religious use of the drink, being prohibited its commercialization and/or the perception of any gain, in kind or in natura, as a form of payment, whether for the production, whether for consumption, with the exception of contributions destined for the maintenance and the regular functioning of each entity, according to their tradition and statutory dispositions;
3. The responsible use of Ayahuasca presupposes that the extraction of the sacred plant species integrates the religious ritual. Each constituted entity must seek self-sustainability within a reasonable time frame, developing their own cultivation, capable to attend their needs and avoid the depredation of native forest species. The extraction of the plant species from the native forest must observe environmental norms;
4. The entities must avoid offering tourist packages associated with propaganda of the effects of Ayahuasca, with the exception of legitimate displacements of members of the religious entities to their communities of reference;
5. Without affecting the constitutional right to information, the entities are recommended to avoid propaganda of Ayahuasca, always having to orient themselves in their public manifestations with discretion and moderation in the use of and diffusion of its properties;
6. The practice of quackery is prohibited by Brazilian legislation. The healing and medicinal properties of Ayahuasca – which the entities acknowledge and testify – require a responsible use and must be understood from a spiritual point of view, avoiding all and any form of propaganda that may induce public opinion and authorities to misunderstandings;
7. The groups that make religious use of Ayahuasca are recommended to constitute themselves as juridical organizations, under the conduction of responsible persons with experience in the recognition and cultivation of the sacred plant species, the preparation and the use of Ayahuasca and the conduction of the rituals;
8. It is the competence of each religious entity to exercise rigorous control over the system of entry of new members, they must interview people interested in the ingestion of Ayahuasca, in order to avoid that it be administered to persons with a history of mental alterations, as well as people under the effects of alcoholic beverages or other psychoactive substances;
9. It is recommended that a registration form be kept with the personal details of the participant and to inform the person of the principles of the ritual, times, norms, including the need to remain within the location until the end of the ritual and the effects of Ayahuasca.
10. Observing the deontological principles defined here, each entity and their members indistinctly, in the institutional, religious or social relations that they may maintain with one another, in any circumstances, must strive for ethics and mutual respect.
PROPOSALS:
1. REGARDING RESEARCH ON THE THERAPEUTIC USE OF AYAHUASCA IN EXPERIMENTAL CHARACTER:
a. Research involving the following areas must be promoted: pharmacology, biochemistry, clinics, psychology, anthropology and sociology, incentivizing multidisciplinarity;
b. It is suggested that CONAD promote and finance, beginning in 2007, research related with the use and effects of Ayahuasca.
2. REGARDING ENVIRONMENTAL ISSUES AND TRANSPORT:
a. It is suggested that CONAD consider the possibility of exchange with CONAMA, if possible with the help of the religious entities, with the objective of establishing protective measures for the plant species that serve as raw materials for Ayahuasca, through specific legislation for these plants of ritualistic religious use, which cannot be treated indistinctly as a non-lumber forest product.
b. It is suggested that CONAD also carry out due procedures with the competent organs of the state, with the objective of regulating interstate transport of Ayahuasca between entities, previously listening to the interested parties.
3. REGARDING THE EFFECTIVENESS OF THE DEONTOLOGICAL PRINCIPLES:
a. It is suggested that CONAD study the possibility of establishing mechanisms of control of decontextualized and non-ritualistic use of Ayahuasca, having the deontological principles established here as its paradigm, with the effective participation of representatives of the religious entities.
b. Institutional support is requested from CONAD for the creation of an institution that is representative of the religious entities formed through free adhesion, for the exercise of social control in the fulfillment of the deontological principles treated here.
c. It is also suggested, in the case that the deontological principles defined here be observed, that this be given wide publicity, preferentially by carrying out a second seminar organized by CONAD with the assistance of the Multidisciplinary Working Group, in which all the entities should participate, independently from the formal notification of the act in all of the organs of the Prosecution and the Federal and State Magistrates, Federal Police and State Secretariats of Public Security.
Brasilia, 23 November 2006.
Dartiu Xavier da Silveira Filho, President of the MWG – Representative of CONAD
Edson Lodi Campos Soares, Vice-President of the MWG – Representantive of Mestre José Gabriel da Costa
Paulina do Carmo Arruda V.Duarte, Representantive of the National Anti-Drug Secretariat/GSIPR
Domingos Bernardo Gialluisi da Silva Sá, Representantive of the Chamber of Technical-Scientific Advisory of CONAD
Ester Kosovsky, Federal University of Rio de Janeiro and OAB-RJ
Edward John Baptista das Neves MacRae, Member of the MWG – Representantive of CONAD
Roberta Salazar Uchoa, Member of the MWG – Representantive of CONAD
Isac Germano Karniol, Member of the MWG – Representantive of CONAD
Jair Araújo Facundes, Member of the MWG – Representantive of Mestre Raimundo Irineu Serra
Cosmo Lima de Souza, Member of the MWG – Representantive of Mestre Raimundo Irineu Serra
Alex Polari de Alverga, Member of the MWG – Representantive of Padrinho Sebastião
Luis Antônio Orlando Pereira, Member of the MWG – Representantive of Other Denominations
Wilson Roberto Gonzaga da Costa, Member of the MWG – Representantive of Other Denominations
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You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Information provided on this website and through our Services is not a substitute for medical advice and is for generalized educational purposes only. Any reliance you place on the information is at your own risk. Before acting on the information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice where necessary. It is not intended to take place of a clinical diagnosis or proper medical advice from a qualified health professional. We urge you to seek the Services of a qualified medical practitioner for any personal health concerns. You should not abandon regular trips from doctors in favor of using our Services exclusively and you should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information provided on this website or through our Services. Please consult a healthcare professional before making lifestyle changes, adjusting your diet or following other advice. We are not medical doctors, dietitians, or other healthcare professionals. The information provided is not suitable for people with underlying medical conditions.
Under no circumstances shall we be liable for any losses, damages, or consequences arising out of the use of or reliance on any information provided on the website or through our Services, including but not limited to information in relation to Ayahuasca, lifestyle changes and nutrition. Your use of the website and Services, and your reliance on any information on the website and Services is solely at your own risk. To the fullest extent permitted by law, as a user you release the owner of this website and their suppliers and subcontractors involved for any claim for injury, damage or loss, resulting from your access or reliance on this website or Services. Information on this website and through Services is provided without any representations or warranties, expressed or implied. While created with best intents and purposes in mind, we do not warrant that information made available on or through this website and through Services is accurate, complete, reliable, error-free or current.
When you register for our Services through our website your application is an offer to purchase our Services. Nothing said or done by us is an acceptance of a registration until we confirm acceptance in writing, referring to the registration. At any time before the Services are performed, we may decline to perform the Services to you without giving any reason. We may alter our Services in whole or in part, at any time and for any reason. You may cancel your registration in case you do not agree with any changes before the coaching has commenced. If you do not cancel your application, you will be deemed to have accepted the new terms of Services.
Supplementary Products Exclusion: Participants acknowledge and agree that the fees presented and payable pertain solely to Services and Offerings described. For the avoidance of any doubt, it is repeated here that Ayahuasca in Brazil provides and charges for information and transport to authentic, cultural sites around Rio De Janeiro only. We do not sell Ayahuasca. Ayahuasca Cermonies and the brew are non-commercial, religious rituals which are free of charge and fall outside our responsibility. Thus, charges from us do not include the cost of any plant-medicines or similar products (collectively, "Supplementary Products") which may be provided, offered, or distributed by any other party, in connection with Services or Offerings. We shall bear no responsibility or liability in connection with any provision, offering, or distribution of Supplementary Products, and are not a party thereto. If you decide to participate in a ceremony and consume the brew, it is your own choice and undertaken at your own risk only. Ceremonies and brews are prepared and conducted by Amazonian tribes (third parties).
Part of your payment is used as a donation to the Amazonian tribe present and development of the cultural site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Please note that where we link to specific products, some of these links may be affiliate links where we earn from qualifying purchases.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
By using this website, you also warrant on behalf of yourself, your users, and other parties you represent that you will not: (a) modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website; (b) remove any copyright or other proprietary notations from any materials and software on this website; (c) transfer the materials to another person or “mirror” the materials on any other server; (d) knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Don't Die Sydney provides.
All content, including text, graphics, images, and information, on the Ayahuasca in Brazil website is our property and is protected by copyright, trademark, and other intellectual property laws. You must not reproduce, distribute, or transmit any content without the prior written permission of us.
The provided information and any other materials or services offered by us are intended for individual use only and are not allowed to be shared with others. Any further distribution, copying, or sharing of our materials will be prosecuted to the fullest extent of the law. Our services and materials are not intended for commercial use or resale.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ayahuasca in Brazil, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In no event shall Ayahuasca in Brazil's cumulative liability to you exceed the total purchase price of the services you have purchased from Ayahuasca in Brazil, and if no purchase has been made by you Ayahuasca in Brazil’s cumulative liability to you shall not exceed €100.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ayahuasca in Brazil and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Brazil. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.