Provisional Measure No. 2,075-39, Of 17 May 2001

Original Language Title: Medida Provisória nº 2.075-39, de 17 de Maio de 2001

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Provisional measure no. 2,075? 39, of 17 MAY 2001.
Provides for the adoption of measures related to the housing system? SFH, changes in laws, to 4380 August 21 1964, 8036, of 11 May 1990, and 8692, of 28 July 1993, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 shall be admitted within the housing system? SFH, the conclusion of financing contracts with readjustment of the monthly charge plans other than those provided for by law. number 8692, of 28 July 1993.
Sole paragraph. Mortgage financing operations carried out with Fund resources of the service? FGTS, the FGTS Board of Trustees can set the readjustment plans monthly charge to be applied therein.
Art. 2 The financial agents of the SFH can hire where coverage insurance funding take?? in different Housing insurance policy of the housing system, since the operation provides for mandatory minimum coverage concerning risks of death and permanent disability.
Art. 3rd art. 25 of law No. 8692, 1993 shall take effect with the following wording: Art. 25. Financing concluded within the housing system, the effective interest rate will be of a maximum of 12% per year. " (NR)
Art. 4 the item III of art. 18 of law No. 4380, August 21 1964, goes into effect with the following wording: "(III)? establish the General conditions that must satisfy the housing system applications as the collateral; interest, deadlines, risk limits and maximums of financing and acquisition of buildings financed under the housing finance system. " (NR)
Art. 5 law No. 8036, of 11 May 1990, with the following changes: "Art. 9..................................... paragraph 6 Kept the average return contemplated in § 1, the popular housing applications can contemplate, systematic directed depending on the family income of the beneficiary, where the amount of the benefit is granted through reduction in the value of benefits to be paid by the borrower or payment of part of the acquisition or construction of property, among others, at the discretion of the FGTS Board of Trustees.
§ 7 the resources necessary for achieving systematic discount will be highlighted, annually, the budget for implementation of FGTS funds, constituting specific reserve, with its own accounting. " (NR)
"Art. 20. ............................................................
I? fired without just cause, including indirect, of mutual fault and force majeure;
.........................................................................
§ 17. Is prohibited to linked account FGTS drive in the manner provided for in sections V, VI and VII of this article, signed operations, from 25 June 1998, in the event that the purchaser already owns or promissory purchaser of property located in the municipality where they reside, as well as in the event that the purchaser already holds in any part of the country at least under the conditions of the SFH financing.
§ 18. It is essential to the personal attendance of the holder of the account linked to payment of the withdrawal in the cases provided for in subparagraphs I, II, III, VIII, IX and X of this article, except in cases of serious disease proven by medical expertise, when will pay the Attorney especially set up for this purpose. " (NR)
? Art. 23. ...............................................................................
§ 1º ......................................................................................

I? No deposit monthly the percentage for the FGTS, as well as the values referred to in art. 18 of this law, under the terms of § 6 of art. 477 of the consolidated labor laws? CLT;

...................................................................................? (NR)

"Art. 29. A. Any credits concerning the correctness of the linked FGTS account balances will be settled by release by operator agent on their account. " (NR)
"Art. 29. B. will not be applicable in injunction court injunction, in interlocutory proceedings or in any other actions of precautionary or preventive nature, nor the early tutelage provided for in arts. 273 and 461 of the code of Civil procedure involving sacking or movement of the worker's FGTS linked account. " (NR)
Art. 6 Are convalidados the acts performed on the basis of provisional measure no. 2,075? 38, of 19 April 2001.
Art. 7 This provisional measure shall enter into force on the date of its publication.
Art. 8 Are repealed the §1 of art. 9 and art. 14 of law No. 4380, of 21 August, 1964, and art. 23 of law No. 8692, of 28 July 1993.
Brasília, 17 May 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO, Pedro Parente

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