Decree No. 7123, of 3 MARCH 2010.
Rules on the National Pension-CNPC and on the Board of the Private Resources-CRPC, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI) (? the?, of the Constitution, and in view of the provisions of art. 5 and § 2 of art. 65 of the complementary law in 109, 29 May 2001, and in the arts. 13 to 16 of law No. 12154, 23 December 2009, DECREES: Art. 1 the organisation and functioning of the National Council of social security-CNPC and the City Pension's resource-CRPC shall observe the provisions of this Decree.
CHAPTER I of the COLLEGIATE BODIES Art. 2nd To CNPC, Collegiate of the basic structure of the Ministry of Social Welfare, it is exercising the function of the regulator of pension scheme operated by the closed private pension entities.
Art. 3 the CRPC, appellate collegiate organ under the Ministry of Social Welfare, it is enjoying and judging, terminating the administrative instance, the appeals against a decision of the Board of Directors of Collegiate National Superintendence of Pensions-David Larsen: I-on the completion of final reports of administrative proceedings started by drawing up of infraction or establishment of inquiry to establish responsibility of a person or entity , and on the application of appropriate penalties; and II-about the appeals for the release of tax supervision and control of the Pension-Tafic.
Art. 4 the deliberations of the CNPC will be embodied in resolutions or recommendations and those of the CRPC in decisions.
Art. 5 the CRPC and CNPC have headquarters in Brasilia and jurisdiction throughout the national territory.
CHAPTER II of section I of the composition Art ORGANIZATION. 6 the CNPC will be integrated by the Minister of State for Social Security, which will chair, and one representative from each of the following, all with voting rights: I-National Superintendence of Pensions-David Larsen;
II-supplementary pension plan policy Secretariat 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 private pension entities;
VII-sponsors and founders of the benefit plans closed private pension entities; and VIII-participants and assisted retirement benefits of closed private pension entities.
§ 1 the President of the CNPC shall, in addition to the ordinary vote, the casting vote in the event of a tie.
§ 2 the CNPC shall act by simple majority present at least five of its members.
§ 3 as President of the CNPC, the Minister of State for Social Security will alternate, in order, the Executive Secretary of the Ministry, the Secretary of Pension policies and one of the other leaders of the respective Secretariat expressly designated by the Minister.
§ 4 the representatives referred to in subparagraphs I to VIII of caput and their alternates shall be appointed by the Minister of State for Social Security, by: I-of the respective Ministers of State, in the cases of the subparagraphs (I) to (V) of the chapeau;
II-the Brazilian Association of closed private pension entities-Abrapp, in the case of item VI of the chapeau;
III-the sponsors and founders as disciplined by the Ministry of Social Security, in the case of item (VII) of the chapeau; and (IV)-the National Association of Participants of pension funds-Anapar, in the case of item VIII of caput.
Art. 7 the CRPC shall be composed of seven members, all with voting rights, being: I-four federal employees effective in Office holders exercise at the Ministry of Social Welfare, on David Larsen or the National Social Security Institute-INSS; and II-one representative from each of the following: a) closed private pension entities;
b) sponsors and founders of the benefit plans closed private pension entities; and c) participants and assisted retirement benefits of closed private pension entities.
§ 1 the Minister of State for Social Security to designate the President of the CRPC, one of the servers listed in item I of the caput in exercise at the Ministry of Social Welfare or SOCIAL SECURITY, which shall, in addition to the ordinary vote, the casting vote in the event of a tie.
§ 2 the CRPC shall act by simple majority present at least four of its members.
§ 3 the members of CRPC shall have higher education complete and proven experience in legal matters, administrative, financial, accounting, actuarial, audit or inspection and maintain close relationship with the pension segment operated by private pension entity.
§ 4 The CRPC members and their alternates shall be appointed by the Minister of State for Social Security.
§ 5 The CRPC members and their alternates shall be nominated: I-by the Minister of State for Social Security, in the case of item (I) of the chapeau;
II-the Brazilian Association of closed private pension entities-Abrapp, in the case of paragraph? of item II of the caput;
III-by sponsors and founders as disciplined by the Ministry of Social Security, in the case of point (a)? b? of item II of the caput; and (IV)-the National Association of Participants of pension funds-Anapar, in the case of point (a)? c? of item II of the caput.
Art. 8. The possession of members of CNPC and the CRPC shall occur within ten days of publication of the Act of designation in the Official Gazette.
Section II of the mandate Art. 9 the members of the CNPC referred to in items (I) to (VIII) of art. 6 and the CRPC members will have two years from the publication of the Act of designation in the Diário Oficial da União, allowed a single renewal.
§ 1 regardless of the conclusion of the period referred to in the caput, the mandate will be terminated with the termination of the bond or the condition required for designation.
§ 2 May be voluntary resignation to the current mandate, because declared or intimate, in which will not apply the provisions of § 1 of art. 10. Art. 10. the Minister of State for Social Security, without prejudice to other procedures and legal cominações, in view of the request of the President of the CNPC based or CRPC, after regular verification, confiscation of the Member's term of Office, holder or alternate, in cases in which: (I) it retains in its possession unjustifiably, in addition to the prescribed time-limit, the record of processes that have been distributed or that are under its responsibility;
II-fail to appear unjustifiably, and without that report the alternate, the three consecutive sessions or the five non-consecutive scale marks;
III-demonstrate performance failure as quantitative or qualitative aspects;
IV-enter exercise in any Office, employment or public function, including elective mandate, which is incompatible with the exercise of the function of Member of the CNPC or the CRPC, since it has failed to renounce the mandate in these committees;
V-exercise private initiative activities considered incompatible with the function of Member of the CNPC or the CRPC, since it has failed to renounce the mandate; or VI-incurring lack discipline, keen for inquiry or disciplinary administrative process, the following conduct: a) slow, without a justified reason, judgment or other procedural acts;
b) practice, in the exercise of the function, any acts of proven favoritism;
c) present during the exercise of the mandate, conduct incompatible with the decorum of the function, through actions or omissions; or d) practice another legally described as unlawful conduct, to which is applied the penalty of suspension or more burdensome.
§ 1 the Member of the CNPC or the CRPC away for any of the reasons provided for in this article may not be assigned to any of these committees for a period of five years, calculated from the official publication of the Act that confiscation of the mandate.
§ 2 in the calculation of disciplinary or unlawful administrative faults apply, what fits, the provisions of Law No. 8112 of 11 December 1990.
Art. 11. In case of termination, resignation, loss or termination of the mandate, will be appointed new Member, holder or Deputy, as the case may be, for the remainder of the mandate.
§ 1 the termination of the mandate of representative holder referred to in subparagraphs I to VIII of caput of the art. 6 or in item II of the caput of the art. 7, whatever the reason, ceases at the same time as the mandate of the alternate.
§ 2 in the cases of termination of the mandate provided for in the caput and § 1 or in the case of compliance without renewal, should be returned to the collegial body all processes and files that are under the responsibility of the Member of the CNPC or the CRPC in virtue of the function within a maximum of five working days.
Art. 12. proposals for renewal of mandate for renewal will be forwarded by the Chairman of its Board, until 60 days before the expiration of the term of the current mandate, being essential to favourable technical assessment as to the quantitative and qualitative aspects of performance.
Art. 13. It is forbidden designation or the renewal of a member of the CNPC or the CRPC to maintain matrimonial bond, of companionship or kinship, inbred or affine, straight or collateral, up to the third degree, with another Member of one of these organs.
Art. 14. It is prohibited for a period of two years from the date of the closure of its last term, the appointment of former member you have exercised two consecutive terms, even partly, whether as holder or alternate.
Art. 15. the exercise of the function of Member of the CNPC or the CRPC shall not be paid and will be considered public service relevant.
Art. 16. where appropriate, the members referred to in item I of the caput of the art. 7 devote full time to the work of the Board, without prejudice to the rights and advantages of their positions.
Section III of the powers of the Presidents of the CNPC and the CRPC Art. 17. The Chairmen of the CNPC and the CRPC is up, under the respective collegiate: I-guide the activities of its Board;
II-to approve the calendar of ordinary sessions;
III-to approve the agenda and convene, install and chair the ordinary and extraordinary sessions;
IV-enjoy:) under the CNPC, requests for deliberation on unrelated matters on the agenda, for the inclusion of material on agenda of the next session or to postpone the deliberation on matters included in the agenda; or b) within the framework of the CRPC, orders of preference or postponement of trial of process included in the agenda;
V-communicate to the Minister of State for Social Security the occurrence of cases involving termination of the mandate and direct representation on any irregularities committed under the Board, proposing, where appropriate, the implementation of appropriate measures;
I saw him represent the Board before the authorities and public and private entities; and VII-exercise other duties laid down in internal rules.
§ 1 the President of the CNPC could be thematic committees or working groups to meet the specific needs of the Council.
§ 2 the President of CRPC shall periodic disclosure of ementário, with the full text of the menus of the judgments given by the Board.
Section IV of the powers of the other members of the CNPC and the CRPC Art. 18. The other members of the CNPC and the CRPC shall: (I)-participate in regular and special sessions;
II-manifest itself regarding the materials or processes under discussion;
III-present motion or proposition about subject of interest closed private pension scheme;
IV-submitting, in writing, report, vote or opinion about process or material whose assessment is under its responsibility;
V-ask vista to examination of substance or process submitted to the Board and shall submit its opinion or vote in subsequent ordinary meeting; and I ask the legal counsel of the Ministry of Social Welfare, through the President, opinion on legal issue concerning the assessment process when necessary.
Section V Executive Secretariat's Art. 19. The Executive Secretariat is responsible for:-I do publish, in the Official Gazette, the trials of the resources to be object of enjoyment in the sessions of the CRPC, 10 working days in advance of their realization;
II-do publish, in the Official Gazette, the decisions of 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 referred to in the form of collegiate legislation;
III-prepare annual report of the activities of the CNPC and the CRPC; and IV-exercise other duties laid down in internal rules.
Sole paragraph. On the publication of decisions of CRPC, will be subject to the secrecy of identity of cases filed or investigated, when necessary, in the form of law.
CHAPTER III OPERATION section I common provisions Art. 20. The CNPC and the CRPC shall meet separately and on different days, in sessions: I-ordinary, quarterly for CNPC and monthly to the CRPC, unless there is no matter to be included in the agenda; and II-extraordinary, where it is necessary for the examination of materials or urgencies, the judgment of the President or the majority of the members of the Board, issued the summons with at least three business days in advance.
§ 1 ordinary sessions occur in day, place and time provided for in the calendar of sessions, which may be amended by resolution of its President, since, in the event of a change of date, the summonses are issued with at least five business days in advance.
§ 2 of the Act of Convocation will be the agenda of the session, with the description of the material to be appreciated.
§ 3 when it is provided for the consideration of draft resolution or recommendation, the Act of Convocation shall be accompanied by the respective draft, explanatory and legal opinion.
§ 4 in case of session of the CRPC, the Act of Convocation shall be accompanied by a copy of the reports of the processes, delivered by the rapporteurs, listed in the trials.
§ 5 alternates can follow the holders at sessions and, in this case, will be entitled to voice but not vote.
Art. 21. The convocation for the ordinary and extraordinary sessions shall be made by the Chairman of its Board, in writing, to the members.
Sole paragraph. It is incumbent upon the Member to attend inform his alternate such circumstance, instructing him about the agenda.
Art. 22. The interested has the right to view the process and obtaining birth certificates free of charge, or, at your expense, the reprográficas copies of documents that are part of, except the data protected by confidentiality, in accordance with the law.
Art. 23. It is forbidden to members of CNPC and the CRPC away the application for unconstitutionality or illegality, treaty or international agreement, law, decree or resolution, except in cases where: (I)-there is no stare decisis published about it;
II-has already been declared unconstitutional by the Supreme Court standard, in concentrated control, after the publication of the decision, or through incidental, after the publication of the Federal Senate resolution to suspend the implementation of the normative act; or III any opinion of the Attorney General's Office approved by the President of the Republic, in the form of art. 40 of the complementary law in 73, of 10 February 1993.
Section II specific provisions for the CNPC Art. 24. The proposals of resolutions or recommendations of the CNPC will be formulated: I-by the Minister of State for Social Security;
II-the Secretary of Pension policies;
III-the Collegiate Board of David Larsen; or IV-by at least three members of the Board.
§ 1 before the joint deliberation, tenders shall be submitted to the legal analysis of the legal counsel of the Ministry of Social Welfare.
§ 2 in the preparation of the note will be the chronological order of receipt of the material by the Executive Secretariat of the CNPC.
§ 3 the vote will be in the reverse order of the art. 6, and the President of his vote to end delivery, including quality if necessary.
Art. 25. The CNPC may request information or opinion to David Larsen about the matter under review.
Art. 26. The sessions of the CNPC will be open to the public, except when dealing with sensitive material assessment, in accordance with the law, by decision of the collegiate justified.
Section III specific provisions applicable to the CRPC Art. 27. Resources will be brought by the person concerned before the Collegiate Board of David Larsen, which should determine its record of proceedings the filing, which will be sent to the Executive Secretariat of the CRPC.
§ 1 If the Collegiate Board not reconsider expressly in five days from the date of the Protocol, it shall be understood that his decision is maintained by their very foundations.
§ 2 If the applicant claim that the contested decision is contrary to stare decisis, it will be up to the Collegiate Board of directors or the Managing Director of David Larsen, ad referendum of the Collegiate Board, clarify, before forwarding the appeal to the Executive Secretariat of the CRPC, the reasons for the inapplicability of the docket, if this is not the case for reconsideration.
Art. 28. The processes undergoing CRPC shall be recorded, distributed and forwarded to the respective rapporteurs, fitting them: I-chair and follow the instruction of the process within the collegiate, including preliminary diligence ordering until its inclusion in the agenda;
II-check if those concerned have been regularly cientificados of all the procedural acts performed in the course of the process, in order that they have been assured the full exercise of the contradictory and ample defense; and III-return to the Executive Secretariat reported processes until the second ordinary session following the distribution of the record.
§ 1 in case of being required diligence, the rapporteur must return to the Executive Secretariat reported process until the second ordinary session following the receipt of the record with the stage accomplished.
§ 2 In case of necessity, duly justified, the time limits referred to in item III of the caput and paragraph 1 may be extended once, by the President of the CRPC until the date of the ordinary session following.
Art. 29. The resources directed to the CRPC shall be recorded according to the chronological order of receipt of the record by the Executive Secretariat.
§ 1 The resources will be distributed by lottery rapporteurs held in ordinary session to receive the file immediately or in the next regular session, if between the date of receipt and the first ordinary session time is less than five working days.
§ 2 in the distribution of resources shall be ensured the alternating between members of the CRPC.
§ 3 the absence of holder and his Deputy does not prevent the holder from being distributed processes.
§ 4 the President of CRPC shall not be rapporteur.
Art. 30. The judgements shall take place, whenever possible, in accordance with the order of resource record.
§ 1 the President, in each session, you will be able to give preference to trials in which there are signed up for oral arguments or is present the interested party or his attorney.
§ 2 in the cases of legal priority or urgency, the rapporteur may request preference for the trial.
Art. 31. Admit it or not the feature is prerogative of CRPC, being forbidden to any other organ refuse your receipt or stop his progress.
Art. 32. the agenda Will trial the identification of processes to be appreciated, as follows: (I) identification of the judge;
II. date and time of the beginning of the session of trial;
III-the name of the rapporteur;
IV. name of parts; and V-number of administrative process.
Art. 33. In the trials, read the report, the President will give the floor to the applicant or his solicitor by the maximum time of 15 minutes, if there has been prior registration for oral arguments.
§ 1 an application for registration for oral arguments should be directed in writing to the Executive Secretariat of the CRPC until 18 hours of the business day immediately preceding the trial session, preferably by electronic message.
§ 2 in case of appeal or set of trial set of diverse resources, the oral arguments by two or more applicants not represented by the same attorney will have the maximum time of 30 minutes, which will be divided equally among the same group, if otherwise not agree among themselves.
§ 3 if there are applicants in antagonistic positions, each group will have full period of fifteen minutes to speak.
Art. 34. the members of the CRPC may request sight of autos before uttering his vote, observed the voting order.
§ 1 if any of the members ask vista to strike, should present them, for continuation of the vote in subsequent ordinary session.
§ 2 the application of view of one of the members takes advantage of others, which, if you wish, you may request a copy of the record.
§ 3 Resumed the trial, will be tallied the votes delivered, even if their members are not present or for whatever reason have left the exercise of the function.
§ 4 do not participate in the trial members who have not attended the reading of the report or the discussions, except if they fully clarified by.
§ 5 If, for the purposes of quorum of deliberation or voting tie-breaker, is required the vote of a member who, under the conditions of § 4, no if it works fully informed, will be renewed for the report and the oral arguments, even for audio playback or reading the transcript, computing the votes previously delivered.
Art. 35. the members of the CRPC presents the trial session may not abstain from voting, except in case of impediment, in the cases provided for in this Decree.
Sole paragraph. In case of impediment recognition during the session, the trial of the case will not be discontinued for convocation of the alternate, unless there is a quorum for deliberation.
Art. 36. Completed the oral debate among members of the CRPC, the President will take the votes of the rapporteur and the others present, in reverse order of the art. 7, and shall issue its own vote at the end, including the quality if necessary.
§ 1 May be anticipation of vote, if the President authorizes.
§ 2 Closed the vote, the President will proclaim the decision.
§ 3 according to the votes delivered, decisions will be taken unanimously or by a majority.
§ 4 If the rapporteur is won, it will be up to whoever opened the divergence draft the decision.
Art. 37. The preliminary matters will be assessed before the merit, this not knowing if incompatible with the decision.
§ 1 Rejected the preliminary, or it supports the assessment of merit, will follow the discussion and the trial of the matter, in answer to this including members who welcomed them preliminary.
§ 2 When the preliminary welcome concern rectifiable addiction, become the trial stage and the President, if necessary, shall determine the referral of the case back to the Managing Director of David Larsen, for proper purposes.
Art. 38. The steps may be required: (I)-the rapporteur, regardless of collegiate decision, in the form of preliminary stage, without anticipating tendency on your vote; or II-collegiate decision, taken during the session, which converts the trial stage.
§ 1 the steps are intended to complement the conclusive statement, sanitation of procedural failure or compliance with applicable law.
§ 2 is 30 days, extendable for another 30 days, the deadline for the David Larsen return the record to the CRPC with the stage entirely fulfilled.
§ 3 When the stage is requested by the rapporteur, it is up to this report in such a decision the President of the Board, including for the purposes of prolongation of the § 2 art. 28. § 4 the trial stage will further converted into the ordinary session following the fulfillment of due diligence.
Art. 39. the record of proceedings will appear in the report, the votes and the final decision, of them being cientificados.
Sole paragraph. Should the record the dissenting vote won and any explanations of vote.
Art. 40. Fit of embargos declaration when the decision there is obscurity, ambiguity or contradiction between the outcome of the trial and the reasons therefor or when is omitted point on which I should pronounce the collegiate.
§ 1 The embargoes will be brought by the person concerned, by means of a reasoned petition addressed to the President of the CRPC, within five working days as of the publication of the decision in the Official Gazette.
§ 2 the decision of us embargoes may, in exceptional cases, modify the content of the contested decision, changing her sense.
Art. 41. The material inaccuracies contained in decisions of CRPC, arising from typographical errors, numeric, or also other similar misconceptions will be improved in session of the Board, ex officio or at the request of the parties, or by your President, ad referendum of the Board.
Sole paragraph. The material inaccuracies can be corrected at any time.
Art. 42. considers himself prevented from participating in the trial the CRPC Member, holder or substitute,: I-has been anticipated, publicly, on the merits of the trial process;
II-have participated in the process or his trial under the David Larsen;
III-have noticed, in the five years prior to the drawing up of the infraction notice, compensation or benefit paid by the applicant or person or entity providing legal or technical assistance to the appellant in any character or permanent, whatever the reason or title of perception; or IV-has, or would have personal interest, direct or indirect, in the judgement of the appeal.
§ 1 the deterrent should be declared by the member itself or may be claimed by the interested party, and the defendant, in the latter case, to comment on the claim.
§ 2 If the defendant doesn't recognize the merits of the claim, this is subject to the decision of CRPC, which does not participate in the defendant.
§ 3 the offside on the holder extends to alternate and vice versa.
§ 4 in 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 feature in the judgment, the parties concerned will be notified by the Executive Secretariat of the CRPC by letter with acknowledgement of receipt sent with minimum antecedence of 10 working days of the date of the session, without prejudice to paragraph 1 of art. 19. Art. 44. Can be judged together the capabilities that they concerned the same lead story, still presenting peculiarities.
§ 1 if there is more than one rapporteur, the reports will be presented successively, before the oral debates and the trial set.
§ 2 The successive reports shall refer to the previous, indicating the peculiarities of the case.
Art. 45. The trial session shall be ata drawn up containing: I-date, time and place of the session;
II-installation and quorum checking the names of the members present and absent;
III-number and nature of resources;
IV-results of the trial, with the indication of each vote;
V-reference to the agenda, indicating which processes have been judged and which have been withdrawn from the agenda, with mention of the justification for the withdrawal; and
I saw the events that occurred at the trial, including the presence of the parties or their legal representatives.
Art. 46. The decisions of CRPC shall be expressed in discursive language, simple, precise and objective manner, avoiding the use of vague expressions, codes, acronyms and references to internal instructions that may hinder the understanding of the trial.
§ 1 Shall be included in the decision: I-data process identifiers, including name, case number and nature of the resource;
II-menu, which will expose the subject examined extract and the outcome of the trial;
III-report, which will contain the main events held in the course of the proceedings and the summary of the decision, of the reasons for the appeal and the documents that instruct the record;
IV-statement of reasons, which will be evaluated and resolved the issues of fact and of relevant law, exposing the reasons which formed the belief of the judge;
V-conclusion, which will contain the decision of conviction formed in the grounds;
VI-trial, in which will be 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 handed down by the CRPC may be: I-stage conversion;
II-no knowledge of resource;
III-knowledge and dismissal;
IV-knowledge and partial success;
V-knowledge and provision; and I saw the total or partial cancellation of the process.
Art. 48. Are not aware of the reasons appeal: i. the timelessness;
II-the illegitimacy of the applicant;
III-the place not of the resource;
IV-the voluntary withdrawal expressed in writing by the party concerned or his attorney; and V-the loss of the resource object.
Art. 49. The trial and given science to the applicants, the process will be returned to David Larsen for arrangements regarding compliance with the decision.
Art. 50. CRPC sessions will be open to the public, except when the Board takes a decision which must be present in a particular trial, for reasons of legal secrecy, only the parties and their attorneys.
Art. 51. It is expressly forbidden the withdrawal from the record of the allocation by the parties, being provided to the applicant or its representative, or the third party that demonstrate a legitimate interest in the process, the view from the record or providing copies of procedural documents, unless the process is with the rapporteur, by requiring, for both, the presentation of written request signed by the applicant , which must be attached to the case file, together with the proof of payment of the fees due.
§ 1 the original documents submitted to arraignment, when personal statements of the parties, may be refunded, at the request, and replaced with copies whose authenticity is declared by the Executive Secretariat, unless there is evidence of irregularities.
§ 2 subject to the provisions of § 1, cannot be removed from the record any documents, and may be provided authentic copy or certificate.
Art. 52. At any stage of the proceedings the applicant may voluntarily give up the appeal.
§ 1 the withdrawal will be manifested of express way, by petition or term established in the court documents.
§ 2 once brought the action, the failure by the interested of requirement or Providence that he would, and for which it has been duly summoned, does not imply tacit waiver, and should the process be judged as is, at the interested with the burden of its inertia.
CHAPTER IV transitional and final PROVISIONS Art. 53. the provisions of this Decree shall apply immediately to the ongoing processes.
Art. 54. The additional standards for the operation of the CNPC and the CRPC shall be laid down in specific internal regulations proposed by the Board and approved by the Minister of State for Social Security, and must be published in the Official Gazette.
Sole paragraph. The omissive cases and doubts resolved not in internal regulations will be resolved by the respective committees or their Presidents, ad referendum of the Board.
Art. 55. Are transferred to the CRPC pending trial processes in the Management Board of the Pension on the date of publication of this Decree.
§ 1 The cases transferred in the form of the heading will be distribution object for drawing, to be held at the first session of the CRPC.
§ 2 in case of trial started within the Management Board of the pension plan, shall be disregarded the votes already delivered.
§ 3 the period referred to in item III of art. 28 does not apply to proceedings referred to in the caput, which must be submitted by July 31, 2010 observed prescricionais deadlines.
Art. 56. This Decree shall enter into force on the date of its publication.
Art. 57. Is repealed the Decree on 4678, of 24 April 2003.
Brasília, 3 March 2010; 189 and 122 of the Republic's independence.
LUIZ INACIO LULA DA SILVA Paulo Bernardo Silva José Pimentel