Provisional measure no. 403 of 26 NOVEMBER 2007.
Rules on the exercise of the activity of postage 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. 1st exercise, by legal entities of private law, the activity of postage, shall be regulated by this provisional measure.
§ 1 without prejudice to its powers, responsibilities and the expansion of its network, the Brazilian post and Telegraph Enterprise-ECT you can use the Office of the franchise in the caput to perform auxiliary activities relating to postal service, subject to the provisions of § 3 of art. 2 of law No. 6538, 22 June 1978.
§ 2 the exercise referred to in the caput consists in the provision of the service activity and sale of products made available by thread with ECT customers of retail and commercial.
§ 3 the ECT should delimit, previously, the products referred to in paragraph 2.
§ 4 The franchised companies may, with the permission of ECT, preliminary or ancillary activities in the posting.
Art. 2 it is the responsibility of the ECT posted the franchise, its distribution and delivery to end recipients.
Art. 3 The postal business, franchise contracts concluded by the ECT, are governed by this provisional measure and, in the alternative, by the Brazilian Civil Code and the laws on 8955, of 15 December 1994, 8666, and June 21 1993, using the criterion of judgment provided for in item IV of the art. 15 of law No. 8987, of 13 February 1995.
Art. 4 Are essential clauses of the contract of postage, provisions of this provisional measure, the relation: I – to the object, the location of the establishment of the legal entity franchised and the term, that will be of ten years and may be renewed once for the same period;
II-the manner, form and conditions of exercise of the franchise;
III-the criteria, indicators, formulas and parameters defining the quality of the activity and management;
IV-the means and forms of remuneration of franchised;
V-the obligation, form and frequency of reporting of franchised the ECT;
I saw the rights, guarantees and obligations of the legal person ECT and franchised, including those related to predictable activity improvement needs and consequent modernization and expansion of the equipment and installations;
VII-the rights of users of collection and use of the activity offered;
VIII-the form and conditions of supervision, by the ECT, the premises, equipment, methods and practices for implementing the franchised services, as well as the appointment of members of the administrative and operational structure of the ECT to exercise it;
IX-to contract penalties subject to franchised and your application form;
X-the cases of extinction of the franchise, before his term expired, by Commission of grave contract franchised;
XI-the conditions for the renewal of the term of the contract, the provisions of paragraph I of this article; and XII-the Forum and extrajudicial methods of solution of contractual differences.
Art. 5 is not the same legal entity, directly or indirectly, the operation of more than two postal charges.
Sole paragraph. The sealing of the caput shall apply to franchised companies partners, which exploit this activity, directly or indirectly.
Art. 6 Are hiring goals of postage:-provide greater convenience to users;
II-the democratization of access to the exercise of the activity of postage, so defined in art. 1 this provisional measure, without prejudice to the powers of the ECT laid down by law in the 6538, 1978;
III-the maintenance and expansion of the network of Franchised post offices, in conformity with the principles of legality, impersonality, morality, publicness and efficiency; and IV-improving the service provided to the population.
Art. 7 until entry into force the franchise contracts, concluded according to the provisions of this provisional measure, will continue with effectiveness those signed with the Franchised Postal Agencies which are in force on 27 November 2007.
Sole paragraph. The ECT will have the maximum period of eighteen months, from November 28, 2007 to complete all the signings mentioned in this article.
Art. 8. The Executive power will regulate the provisions of this provisional measure.
Art. 9 This provisional measure shall enter into force on the date of its publication.
Art. 10. Is repealed paragraph 1 of art. 1 of law No. 9074, 7 July 1995.
Brasilia, November 26 2007; 186 of independence and 119 of the Republic.
LUIZ INACIO LULA DA SILVA, Hélio Costa this text does not replace that published in the 27.11.2007