DECREE NO 7,123, DE March 3, 2010.

Disposes on the National Council of Supplementary Pension-CNPC and on the Supplementary Pension Resource Chamber-CRPC, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, point?a?, of the Constitution, and in view of the provisions of art. 5th and in the § 2nd of the art. 65 of the Supplementary Law no 109, May 29, 2001, and in the arts. 13 a to 16 of the Act No 12,154 of December 23, 2009,

DECRETA:

Art. 1st The organization and operation of the National Supplemental Welfare Council- CNPC and the Supplementary Pension Resource Chamber-CRPC will observe the provisions of this Decree.

CHAPTER I

DOS COLLEGIATE ORGANS

Art. 2nd To CNPC, an integral collegiate of the basic structure of the Ministry of Social Security, it is up to exercise the function of the regulatory body of the supplementary pension scheme operated by the closed entities of supplementary pension.

Art. 3rd CRPC, the collegiate recursal organ within the Ministry of Social Welfare, competes to appreciate and judge, ending the administrative instance, the appeals brought against decision of the Directorate General of National Supervision of Supplemental Provident-Previc:

I-on the completion of the final reports of the administrative proceedings initiated by the lavratura of self-infringement or initiation of inquiry, with the purpose of ascertaining responsibility of physical or legal person, and on the application of the cableable penalties ; and

II-on the imputations regarding the tax launches of the Surveillance And Control Rate of Supplemental Welfare-Tafic.

Art. 4th the deliberations of the CNPC will be substantiated in resolutions or recommendations and those of CRPC in decisions.

Art. 5th The CNPC and CRPC have headquarters in Brasilia and jurisdiction throughout the national territory.

CHAPTER II

DA ORGANIZATION

Section I

From composition

Art. 6th The CNPC will be integrated by the Minister of State for Social Security, who will chair him, and by a representative of each of the following nominees, all entitled to vote:

I-National Superintendent of Supplemental Welfare-Previc ;

II-Secretary of Supplementary Pension Policies of the Ministry of Social Welfare ;

III-Civil House of the Presidency of the Republic ;

IV-Ministry of Finance ;

V-Ministry of Planning, Budget and Management ;

VI-closed entities of supplemental foresight ;

VII-sponsors and institution of benefits plans of the closed entities of foresight complimentary ; and

VIII-participants and assisted benefit plan of the closed entities of foresight supplementation.

§ 1st The President of the CNPC shall exercise, in addition to the ordinary vote, the vote of quality in the case of tie.

§ 2nd The CNPC shall act by a simple majority, present at least five of its members.

§ 3rd As the Chairman of the CNPC, the Minister of State for Social Security will have as supplier, by the order, the Chief Executive Officer of the Ministry, the Secretary of Supplementary Welfare Policies and one of the other leaders of the respective Secretary expressly designated by the Minister.

§ 4th The representatives referred to in the incisors I to VIII of the caput and their alternates will be assigned by the Minister of State for Social Security, per indication:

I-of the respective Ministers of State, in the cases of incisos I to V of the caput ;

II-of the Brazilian Association of Closer Entities of Supplementary Welfare-Abrapp, in the case of the inciso VI of the caput ;

III-of the sponsors and institutors, in the disciplined manner by the Ministry of Welfare Social, in the case of the incisser VII of the caput ; and

IV-of the National Association of Participants of Pension Funds-Anapar, in the case of inciso VIII of the caput.

Art. 7th A CRPC will be composed of seven members, all entitled to vote, being:

I-four federal servers holders of effective post, in exercise at the Ministry of Welfare Social, in Previc or at the National Institute of Social Insurance-INSS ; and

II-a representative of each of the following nominees:

a) closed entities of supplemental foresight ;

b) sponsors and institution of benefits plans of the closed entities of foresight complimentary ; and

c) participants and assisted benefit plan of the closed entities of foresight supplementation.

§ 1st Caberá to the Minister of State for Social Security to designate the chairman of the CRPC, among the servers referred to the inciso I of the caput in exercise at the Ministry of Social Welfare or the INSS, which will exercise, in addition to the ordinary vote, the quality vote in the case of a tie-up.

§ 2nd A CRPC will act by simple majority, present at least four of its members.

§ 3rd CRPC members are expected to have full superior training and proven experience in matter legal, administrative, financial, accounting, actuarial, supervisory or audit and maintain close relationship with the supplementary pension segment operated by closed entity of supplementary pension.

§ 4th CRPC members and their alternates will be appointed by the Minister of State for Welfare State Social.

§ 5th CRPC members and their respective alternates will be indicated:

I-by the Minister of State for Social Security, in the case of inciso I of the caput ;

II-by the Brazilian Association of Closer Entities of Supplementar Welfare-Abrapp, in the case of the paragraph?a? of the inciso II of the caput ;

III-by the sponsors and institutors, in the disciplined manner by the Ministry of Welfare Social, in the case of point?b? of the inciso II of the caput ; and

IV-by the National Association of Participants of Pension Funds-Anapar, in the case of point (?c? of the inciso II of the caput.

Art. 8th The possession of the CNPC and CRPC members shall occur within a maximum of ten days, from the publication of the act of designation in the Official Journal of the Union.

Section II

From mandate

Art. 9th The CNPC members referred to in the incisos I to VIII of the art. 6th and the members of the CRPC will have two years' tenure counted from the publication of the act of designation in the Official Journal of the Union, permitted a single re-driving.

§ First of the completion of the period to which the caput refers, the mandate shall be terminated with termination of the bond or condition required for the designation.

§ 2nd There may be voluntary resignation to the current mandate, for declared or intimate grounds, hypothesis in which the provisions of § 1st of the art shall not apply. 10.

Art. 10. It is incumbent on the Minister of State for Social Security, without prejudice to the other procedures and legal comments, in view of the reasoned request of the Chairman of the CNPC or the CRPC, after regular ascertainment, to enact the loss of the member's mandate, holder or supplier, in the hypotheses where:

I-retain in its power unjustifiably, in addition to the deadlines set, the autos of proceedings that have been distributed to you or that are under your responsibility ;

II-no longer appear unjustifiably, and without comparing the supplier, to three sessions consecutive or five non-consecutive ;

III-demonstrate insufficiency of performance as to quantitative or qualitative aspects ;

IV-enter into exercise in any post, employment or public function, including elective mandate, which is incompatible with the exercise of the CNPC or CRPC member function, provided that you have ceased to renounce the mandate in these collegiate holidays ;

V-exercise activities in the private initiative deemed incompatible with the member function of the CNPC or CRPC, as long as it has ceased to renounce the mandate ; or

VI-incurring in a disciplinary shortage, ascertained by syndication or disciplinary administrative process, by the following conducts:

a) delay, without justified reason, the judgment or other procedural acts ;

b) practice, in the exercise of the function, any acts of proven favoring ;

c) to present, during the exercise of the mandate, conduct incompatible with the decorum of the function, upon actions or omissions ; or

d) practise another conduct legally described as an administrative illicit, to which it is applied to suspension penalty or more gravy.

§ 1st The CNPC or CRPC member turned away for any of the reasons provided for in this article will not be able to be again assigned to any of these collegiate holidays by the five-year term, counted from the official publication of the act that enacts the loss of the mandate.

§ 2nd In the apuration of disciplinary or administrative defaults apply, in what couber, the provisions of Law n o 8,112, 11 of December 1990.

Art. 11. In case of termination, resignation, loss or termination of the mandate, a new member, holder or alternate shall be designated, as the case may be, for the fulfilment of the remainder of the term of office.

§ 1st Ospeeding the termination of the mandate of the titular representative referred to in the incisos I to VIII of the caput of the art. 6th or in the inciso II of the art caput. 7th, whatever the motive, concomitantly cesses the mandate of the respective supplier.

§ 2nd In the chances of termination of the mandate provided for in the caput and § 1st or in the case of their compliance without there being reconduction, they should be returned to the respective collegiate body all the processes and expedients that are under the responsibility of the CNPC or CRPC member by virtue of the function, within the maximum period of five working days.

Art. 12. Proposals for renewal of mandate for renewal will be forwarded by the Chairman of the respective collegiate, up to sixty days prior to the maturity of the current term of office, the favourable technical evaluation as to the quantitative and qualitative aspects of performance.

Art. 13. The designation or reconduct of CNPC or CRPC member that maintains marriage, companionship or kinship, consanguished or afim, in straight or collateral line, up to the third degree, with another member of one such organ.

Art. 14. It is vetoed, by the two-year deadline of the closing date of its last term, the designation of former member who has exercised two consecutive terms, albeit partially, either as a holder or supplier.

Art. 15. The exercise of the CNPC or CRPC member function will not be remunerated and will be considered relevant public service.

Art. 16. Whenever necessary, the members referred to in the inciso I of the art caput. 7th shall devote full time to the work of the collegiate, without prejudice to the rights and advantages of the respective posts.

Section III

From the assignments of the CNPC and CRPC Presidents

Art. 17. To the Presidents of CNPC and CRPC, it is incumbent on the respective collegiate students to:

I-orient the activities of the respective collegiate ;

II-approve the calendar of ordinary sessions ;

III-approve the tariff and convene, install and chair the ordinary and extraordinary sessions ;

IV-appreciation:

a) within the framework of the CNPC, requests for deliberation on unrelated matter in the tariff, preferably for the inclusion of matter in the agenda of the following session or postponement of deliberation on matter included in the tariff

b) within the CRPC, requests for preference or deferral of process trial included in the Tariff ;

V-communicate to the Minister of State for Social Security the occurrence of cases involving termination of the mandate and forward representation on any irregularities practiced within the framework of the collegiate, proposing, where appropriate, the effectivation of the cableable measures ;

VI-represent the collegiate before public and private authorities and entities ; and

VII-exercise other assignments established in internal regiment.

§ 1st The President of the CNPC will be able to constitute thematic commissions or working groups to meet the specific needs of the Council.

§ 2nd The Chairman of the CRPC will make the periodic disclosure of amendment, with the full amendment of the decisions handed down by the collegiate.

Section IV

From the assignments of the other members of the CNPC and CRPC

Art. 18. To the other members of the CNPC and the CRPC it is incumbent:

I-participate in the regular and extraordinary sessions ;

II-manifested with respect to the subjects or processes under discussion ;

III-submit motion or proposition on subject matter of interest of the closed pension scheme complimentary ;

IV-submit, in writing, report, vote or opinion on process or matter whose appreciation is under your responsibility ;

V-apply for examination of matter or process submitted to the collegiate, and must submit its opinion or vote in the subsequent ordinary session ; and

VI-request the Legal Consultation of the Ministry of Social Welfare, via the President, opinion on legal question concerning the process under consideration where necessary.

Section V

From the Executive Officer

Art. 19. It is incumbent on the Executive Secretariat:

I-make publication, in the Official Journal of the Union, the tariff judgements of the resources to be object of appreciation in CRPC sessions, in advance of ten working days of their realization ;

II-make publication, in the Official Journal of the Union, the decisions of the CRPC, with mention of the outcome of the trial and the votes, the full text of the resolutions and recommendations adopted by the CNPC and the other acts of those mentioned collegiate, in the form of legislation ;

III-draw up annual report of the activities of the CNPC and CRPC ; and

IV-exercise other assignments established in internal regiment.

Single Paragraph. In the publication of the decisions of the CRPC, the identity secret of the autuals or investigated, when necessary, in the form of the law will be observed.

CHAPTER III

DO HEALTH

Section I

Common provisions

Art. 20. The CNPC and the CRPC will meet, separately and on distinct days, in sessions:

I-ordinarily, quarterly for CNPC and monthly for CRPC, save if there is no matter to be included in the Tariff ; and

II-extraordinary, whenever the examination of urgent subjects or issues is necessary, the judgment of the Chairman or of the majority of the members of the collegiate, dispatched the summons with at least three working days in advance.

§ 1st The ordinary sessions will occur in daytime, location and time provided for in the calendar of sessions, that may be amended by deliberation of the respective Chairperson, provided that, in the case of change of date, the convocations are dispatched with, at the very least, five working days in advance.

§ 2nd From the act of convocation shall be on the agenda, with the description of the subjects to be appreciated.

§ 3rd When consideration of motion for a resolution or recommendation is planned, the act of convocation will be accompanied by the respective minuta, explanatory and legal opinion.

§ 4th In case of CRPC session, the act of convocation will be accompanied by copy of the reports of the processes, delivered by the rapporteurs, constants of the tariff of judgments.

§ 5th The alternates will be able to accompany the holders to the sessions and, in this hypothesis, they will be entitled to voice, but not the vote.

Art. 21. The convocation for ordinary and extraordinary sessions shall be made by the Chairman of the respective collegiate, in writing, to the titular members.

Single Paragraph. It is incumbent upon the incumbent member to appear to inform his supplier of such circumstance, instructing him regarding the tariff.

Art. 22. Those interested are entitled to the view of the process and to obtain free of certificates, or, at their expense, to reprographic copies of documents that integrate it, resurrected the data protected by secrecy, under the law.

Art. 23. It is vetoed to the members of the CNPC and the CRPC to ward off the application, by unconstitutionality or illegality, of treaty or international agreement, law, decree or resolution, retracted the cases in which:

I-there are binding subjects published in respect ;

II-has already been declared the unconstitutionality of the standard by the Supreme Federal Court, in concentrated control, after the publication of the decision, or by the incidental route, after the publication of the resolution of the Federal Senate suspending the execution of the normative act ; or

III-there is the opinion of the Advocate-General of the Union approved by the President of the Republic in the form of the art. 40 of the Supplementary Law no 73 of February 10, 1993.

Section II

Specific provisions applicable to CNPC

Art. 24. The proposals for resolutions or recommendations of the CNPC will be formulated:

I-by the Minister of State for Social Security ;

II-by the Secretary for Supplemental Welfare Policies ;

III-by the Colegiated Directorate of Previc ; or

IV-for, at the very least, three members of the Council.

§ 1st Before the collegiate deliberation, the proposals will be submitted to the legal analysis of the Legal Advice of the Ministry of Social Security.

§ 2nd In the elaboration of the Tariff the chronological order of receipt of the subjects shall be observed by the CPC Executive Secretarial.

§ 3rd The vote will give itself in the reverse order of the art enumeration. 6th, it is up to the president to propel his vote to the final, including quality if necessary.

Art. 25. The CNPC may request to appear or information to the Previc on matter in examination.

Art. 26. The CNPC sessions will be open to the public, save when it is an appreciation of sensitive matter, under the law, upon justified deliberation of the collegiate.

Section III

Specific provisions applicable to CRPC

Art. 27. The resources will be brought by the person concerned before the Director's Office of the Previc, who is to determine his / her join the autos of the respective administrative process, which will be referred to the CRPC's Executive Board.

§ 1st If the Colegiated Directorate does not expressly reconsider within five days counted from the date of the protocol of the appeal, it will be understood that its decision is maintained by its own fundamentals.

§ 2nd If the appellant alleges that the contested decision contravenes binding sucker, it shall be for the Board Collegiate or the Director-Superintendent of Previc, ad referendum of the Directorate Colegiada, explain, before forwarding the appeal to the CRPC's Executive Secretariat, the reasons for the inapplicability of the sucker, if not the case for reconsideration.

Art. 28. The processes submitted to the CRPC will be registered, distributed and forwarded to the respective rapporteurs, and it is recommended to them:

I-chair and follow process instruction within the framework of the collegiate, including requisitioning preliminary due diligence, until their inclusion in tariff ;

II-check whether those interested were regularly scientific of all procedural acts practiced in the course of the process, in order that they have been assured of the full exercise of the adversarial and broad defence ; and

III-return to the Executive Officer the reported processes, up to the second ordinary session following the distribution of the autos.

§ 1st On the assumption of being requested due diligence, the rapporteur should return to the Executive Officer process reported until the second ordinary session subsequent to receipt of the autos with the due diligence.

§ 2nd In case of need, duly justified, the time limits referred to in the inciso III of the caput and § 1st can be extended, once again, by the Chairman of the CRPC until the date of the subsequent ordinary session.

Art. 29. Resources addressed to the CRPC will be registered by obeying the chronological order of receipt of the autos by the Executive Officer.

§ 1st The resources will be distributed to the rapporteurs for draw held at the immediate ordinary session upon receipt of the autos or in the following ordinary session, if between the receipt date and the first ordinary session the time is less than five working days.

§ 2nd In the distribution of resources, the alternation between the members of the CRPC will be ensured.

§ 3rd The absence of the holder and his supplier does not prevent the holder from being distributed processes.

§ 4th The President of CRPC will not be the rapporteur of processes.

Art. 30. Trials shall be held, where possible, in accordance with the order of registration of resources.

§ 1st The President, in each session, may give preference to the judgments in which there are enrolled for oral support or are present the interested party or your attorney.

§ 2nd In the chances of legal or urgency priority, the rapporteur may apply for preference for the trial.

Art. 31. Admitting or not the appeal is CRPC's prerogative, being vetoed to any other organ refuse its receipt or sustain the progress.

Art. 32. You will build on the trial agenda the identification of the processes to be appreciated, as follows:

I-identification of the adjudicator body ;

II-day and time of the start of the trial session ;

III-name of the rapporteur ;

IV-name of the parties ; and

V-number of the administrative process.

Art. 33. In the judgments, read the report, the President shall give the floor to the appellant or his prosecutor for the maximum time of fifteen minutes, if there has been prior enrolment for oral support.

§ 1st application for registration for oral support should be directed in writing to the CPC's Executive Secretary up to eighteen hours of the business day immediately prior to that of the trial session, preferably by electronic message.

§ 2nd In the joint resource hypothesis or joint trial of diverse resources, the sustaining oral by two or more applicants not represented by the same prosecutor will have the maximum time of thirty minutes, which will be divided equally between those in the same group, if amusement between them is not conventional.

§ 3rd If there are recurring positions in antagonistic positions, each group will have full deadline of fifteen minutes to speak.

Art. 34. Members of the CRPC may apply for views of the autos before utter their vote, observed the voting order.

§ 1st If any of the members seek view of the autos, you must present them, for further vote, in the subsequent ordinary session.

§ 2nd The request for a view of one of the members takes advantage of the others, who, if they wish, will be able to request copy of the autos.

§ 3rd Retaken the trial, the votes already given will be computed, yet the respective members are not present or for any reason have left the exercise of the function.

§ 4th Do not participate in the trial the members who have not attended the reading of the report or to the debates, save when they are given fully clarified.

§ § 5th If, for the purpose of the quorum of deliberation or de-emption in the vote, the vote of member who, under the conditions of § 4th, is not fully clarified, the report and oral support will be renewed, albeit by audio reproduction or transcription reading, by computing the previously proinjured votes.

Art. 35. CRPC members attending the trial session will not be able to abstain from voting, except in case of impediment, in the hypotheses provided for in this Decree.

Single Paragraph. Should there be recognition of impediment during the session, the trial of the proceedings will not be overstated for convocation of the supplier, unless there is no quorum for deliberation.

Art. 36. Completed the oral debate between the members of the CRPC, the President shall take the votes of the rapporteur and the other gifts, in the reverse order of the art enumeration. 7th, and you will be profering your own vote to the end, including quality if necessary.

§ 1st There can be anticipation of vote, if the President authorizes.

§ 2nd Closed the vote, the President will proclaim the decision.

§ 3rd In accordance with the votes delivered, decisions shall be taken by unanimity, by majority or per tin-off.

§ 4th If the rapporteur is won, it shall be for those who have opened the divergence written the decision.

Art. 37. The preliminary questions will be appreciated before the merit, of this one not knowing if incompatible with the decision of those.

§ 1st Rejected the preliminary, or if with it is compatible with the appreciation of merit, will follow. discussion and the judgment of matter, pronouncing on this inclusive of the members who have welcomed the preliminary.

§ 2nd When the preliminary welcome to versal sanitable addiction, the trial will be converted into due diligence and the President, if necessary, shall determine the shipment of the autos to the Director-Superintendent of Previc for the due purposes.

Art. 38. The representations may be requested:

I-by the rapporteur, regardless of collegiate decision, in the form of preliminary diligence, without anticipate trend over your vote ; or

II-by collegiate decision, taken during the session, which converts the trial into due diligence.

§ 1st steps are intended for the supplementation of the probatory instruction, failure sanitation procedural or compliance with the applicable legislation.

§ 2nd It is thirty days, extendable for another thirty days, the deadline for Previc to restitute the autos to the CRPC with the due diligence in full.

§ 3rd Where the due diligence is requested by the rapporteur, it shall be for this to inform you of such a decision o Chairman of the collegiate, including for the purposes of the extension that it treats the § 2nd of the art. 28.

§ 4th the trial converted into due diligence will continue in the ordinary session subsequent to the compliance with the due diligence.

Art. 39. They will be told of the process autos the report, the votes and the final decision, of them being scientific those interested.

Single Paragraph. They should note from the autos the divergent vote won and possible explanations of vote.

Art. 40. They will be able to embark upon declaration when in the decision there is obscurity, ambiguity or contradiction between the outcome of the trial and its grounds or when it is omitted point on which it should pronounce the collegiate.

§ 1st The embargoes will be brought by the person concerned, upon reasoned petition directed at the Chairman of the CRPC within five working days counted from the publication of the decision in the Official Journal of the Union.

§ 2nd The decision given in the embargoes may, in exceptional cases, modify the contents of the impugned decision, altering it the sense.

Art. 41. The material inaccuracy constants of CRPC decisions, arising from errors of spelling, numerical, calculation or, yet, of other similar misconceptions, will be sanctioned in the session of the collegiate, the letter or the application of the parties, or by their President, ad referendum from the collegiate.

Single Paragraph. Material inexatids can be fixed at any time.

Art. 42. It is deemed to be prevented from participating in the trial the member of the CRPC, holder or alternate, who:

I-have been in advance, publicly, on the merit of the process at trial ;

II-have participated in the process or their judgment within the framework of the Previc ;

III-have realised, in the five years prior to the lavatory of the self-infringement, remuneration or advantage paid by the appellant or by physical or legal person who provides technical or legal assistance to the appellant, in an eventual or permanent character, whatever the reason or title of the perception ; or

IV-have or may have personal, direct or indirect interest in the trial of the appeal.

§ 1st The impediment should be declared by the member himself or he may be alleged by the party interested, and the defendant in the latter case, to comment on the allegation.

§ 2nd Case the defendant does not recognize the provenance of the allegation, it shall be submitted to the deliberation of the CRPC, of which he will not participate the defendant.

§ 3rd The impediment pertaining to the holder extends to the supplier and vice versa.

§ 4th In the case of impediment of the rapporteur, the process will be redistributed in the same session.

Art. 43. On the occasion of the inclusion of the appeal in the tariff of judgments, those interested will be notified by the CRPC's Executive Board upon letter with notice of receipt requested at least ten working days of the session date, without prejudice of the willing in the inciso I of the art. 19.

Art. 44. They can be judged jointly on the resources that versed on the same main matter, even if they present peculiarities.

§ 1st If there is more than one rapporteur, the reports will be submitted successively, before the oral debates and joint judgment.

§ 2nd successive reports will report back to the previous one, indicating the peculiarities of the case.

Art. 45. From the trial session will be laved minutes containing:

I-date, time and location of the session ;

II-verification of the installation quorum and the names of the present and absent members ;

III-number and nature of the features of the Tariff ;

IV-results of the trial, with the indication of each vote ;

V-remission to the Tariff, indicating which processes were judged and which were withdrawn from tariff, with mention of justification for withdrawal ;

VI-the facts occurring at the trial session, including the presence of the parties or their legal representatives.

Art. 46. The decisions of the CRPC will be expressed in discursive, simple, precise and objective language, avoiding the use of vague expressions, codes, siglas and references to internal instructions that may hinder the understanding of the judgment.

§ 1st Desummer finds of the decision:

I-identifier data of the process, including name of the person concerned, process number and nature of the resource ;

II-amendment, in which it will export the excerpt of the subject examined and the outcome of the trial ;

III-report, which will contain the major occurrences there are in the course of the process and the synthesis of the the first degree decision, the reasons for the appeal and the documents that instruct the autos ;

IV-rationale, in which the issues of fact and law will be assessed and resolved pertinent, exposing the reasons that formed the judgment of the judger ;

V-conclusion, which will contain the decision arising from the conviction formed in the statement

VI-trial, in which it will build the final decision of the CRPC, with the result of the vote of its members ; and

VII-the names of the members who have participated in the trial and the date of the session.

Art. 47. Decisions given by CRPC may be of:

I-conversion in due diligence ;

II-not knowledge of the resource ;

III-knowledge and non-proofing ;

IV-knowledge and partial proption ;

V-knowledge and proption ; and

VI-total or partial cancellation of the proceedings.

Art. 48. They constitute reasons of non-knowledge of the resource:

I-the intempestivity ;

II-the illegitimacy of the appellant ;

III-the non-fit of the resource ;

IV-the voluntary dismissals manifested in writing by the person concerned or their attorney ; and

V-the loss of the object of the resource.

Art. 49. Carried out on trial and given science to the applicants, the process will be returned to the Previc for arrangements regarding compliance with the decision.

Art. 50. CRPC sessions will be open to the public, save when the collegiate deliberation that should be present at a given trial, for matters of legal secrecy, only the interested parties and their prosecutors.

Art. 51. It is expressly vetted to withdraw from the autos of the apportionment by the parties, being made available to the appellant or its representative, or to the third party showing legitimate interest in the proceedings, the view of the autos or the provision of copies of parts procedural, unless the procedure is with the rapporteur, requiring, for so much, the written application submitted by the applicant, which shall be attached to the autos, together with the voucher of the collection of the costs due.

§ 1st The original documents submitted for instruction of the process, when of a personal nature of the parties, they may be returned, upon request, and replaced by copies whose authenticity is declared by the Executive Officer, except where there is an indication of irregularity.

§ 2nd Ressalved the provisions of § 1st, shall not be removed from the autos any documents, authentic copy or certificate may be provided.

Art. 52. At any stage of the proceedings the appellant will be able to voluntarily give up the appeal.

§ 1st A quitting will be manifested in an express manner, by petition or term firmed in the autos of the process.

§ 2nd Once interposed the appeal, the non-compliance by the person concerned of requirement or providence which he would be entrusted with, and for which he has been duly subpoenaed, does not imply tacit dismissal, and the proceedings must be tried in the state in which he / she finds himself, rallying the person concerned with the burden of his inertia.

CHAPTER IV

DAS FINAL AND TRANSITIONAL PROVISIONS

Art. 53. The provisions of this Decree apply immediately to the ongoing processes.

Art. 54. The complementary standards regarding the operation of the CNPC and the CRPC will be established in specific internal regiments proposed by the respective collegiate and approved by the Minister of State for Social Security, and must be published in the Official Journal of the Union.

Single Paragraph. Missing cases and unaddressed doubts in internal regiment will be solved by the respective collegiate or their Presidents, ad referendum of the collegiate.

Art. 55. They shall be transferred to the CRPC the pending trial proceedings in the Supplementary Pension Management Board on the date of publication of this Decree.

§ 1st The processes transferred in the form of the caput will be object of distribution by sorteio, to be held in the first session of CRPC.

§ 2nd In the trial hypothesis initiated under the Board of Welfare Management Complementing, the votes already delivered will be disregarded.

§ 3rd The deadline laid down in the inciso III of the art. 28 does not apply to the processes referred to in the caput, which are to be submitted by July 31, 2010, observed the prescient deadlines.

Art. 56. This Decree shall enter into force on the date of its publication.

Art. 57. It is revoked the Decree no 4,678 of April 24, 2003.

Brasilia, March 3, 2010 ; 189th of the Independence and 122nd of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Jose Pimentel