Defenders. Subsequently, with the directives having been established in that law, the program was created in 2016 through Decree 8.724, 248 which was repealed by Decree 9.937 of 2019, 249 which was modified by Decree 10.815 250 of 2021. 251 The aforementioned program received the name “Program for the Protection of Human Rights Defenders, Activists, and Environmentalists,” and it also has the “Deliberative Council of the Program for the Protection of Human Rights Defenders, Activists, and Environmentalists” within the Ministry of Women, Family and Human Rights. 252 That council is a collegial body that includes three civil society representatives. The program “is implemented through an agreement between the federal government and the states,” which is valid for three years and can be renewed. The states and the federal government contribute resources for its implementation. 253 176. Regarding the above, it is concerning that according to the information contained in the case file, this program rests on a foundation not of laws in a strict sense but on decrees that can be changed or revoked at any time by the President of the Republic, which could result in a lack of continuity in their implementation. 254 Furthermore, this program has a low level of budgetary execution; 255 it is implemented unevenly across the different states of Brazil; 256 it has restrictive requirements for human rights defenders to receive benefits; and it lacks the equal participation of civil society within the existing deliberative council. 257 Regarding the restrictions for defenders to receive benefits, it is important to highlight that the State noted the following: The PPDDH's method of service provision requires the submission of an application for inclusion by the person who is in a threatening situation. The application must meet certain criteria for the person to receive protection, such as: (a) voluntary inclusion; (b) representation of an organization and recognition as a legitimate representative of that organization; (c) relationship between the threat experienced and the applicant’s activities as a human rights defender (emphasis added). 177. For the reasons set out above, the State shall review and adjust its existing mechanisms, especially the Program for the Protection of Human Rights Defenders, Activists, and Environmentalists, at both the federal and state levels, so that it is established in and regulated by 248 Cf. Decree 8.725: “National Policy for the Protection of Human Rights Defenders,” of April 27, 2016. Available in Portuguese at: http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2016/Decreto/D8724.htm. Cf. Decree 9.937: “Program for the Protection of Human Rights Defenders, Activists, and Environmentalists and the Deliberative Council of the Program for the Protection of Human Rights Defenders, Activists, and Environmentalists within the Ministry of Women, Family, and Human Rights,” from July 24, 2019. Available in Portuguese at: http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2019/Decreto/D9937.htm#art11. 249 250 Cf. Expert opinion of Douglas Sampaio Franco during the public hearing of this case. Since then, at least one ruling has been issued that modified its contents (No. 507 in February of 2022). Cf. Expert opinion of Douglas Sampaio Franco during the public hearing of this case. 251 252 Cf. Brazilian Committee of Human Rights Defenders. Vidas em Luta: Criminalização e violência contra defensoras e defensores de direitos humanos no Brasil em 2017. Rio de Janeiro: Justiça Global, 2018 (evidence file, folio 7147). 253 Cf. Expert opinion of Douglas Sampaio Franco during the public hearing of this case. 254 Cf. Amicus brief presented by the Human Rights Clinic of the Federal University of Bahía (evidence file, folio 8234– 8235). Cf. Brazilian Committee of Human Rights Defenders. Vidas em Luta: Criminalização e violência contra defensoras e defensores de direitos humanos no Brasil em 2017. Rio de Janeiro: Justiça Global, 2018 (evidence file, folio 7117); Brazilian Committee of Human Rights Defenders. Vidas em Luta: Criminalização e violência contra defensoras e defensores de direitos humanos no Brasil. Período 2018-2020/1. Curitiba: Terra de Direitos, 2020, p. 156. Available in Portuguese at: https://terradedireitos.org.br/uploads/arquivos/Dossie-Vidas-em-Luta.pdf; Amicus brief presented by the Human Rights and Environmental Law Clinic at the University of the State of Amazonas (evidence file, folios 7812–7814), Amicus brief presented by the Human Rights and Environmental Law Clinic of the University of the State of Amazonas (evidence file, folio 6730). 255 Cf. Brazilian Committee of Human Rights Defenders. Vidas em Luta: Criminalização e violência contra defensoras e defensores de direitos humanos no Brasil. Período 2018-2020/1, supra, pp. 153–154; Amicus brief presented by the Human Rights Clinic of the Federal University of Bahía (evidence file, folio 8235). 256 257 Brazilian Committee of Human Rights Defenders. Vidas em Luta: Criminalização e violência contra defensoras e defensores de direitos humanos no Brasil em 2017, supra (evidence file, folio 7122). 45