Provisional measure no. 2,170-36, of 23 AUGUST 2001 provides for the administration of the National Treasure box features, consolidates and updates the relevant legislation 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 financial resources from all sources of revenue of the Union and its public and foundations, including funds managed by them, shall be filed and handled exclusively through the mechanisms of national Treasury single account, as regulated by the Executive branch.
Sole paragraph. In cases where specific operational characteristics do not permit the financial drive by single box system of national Treasury, resources may, in exceptional cases, at the discretion of the Minister of State of finance, be deposited in Banco do Brazil S.A. or in Caixa Economica Federal.
Art. 2 from January 1, 1999, the Fund resources, the federal authorities and public foundations cannot be applied in the financial market.
§1 the Minister of State for finance, in exceptional cases, may authorize the entities referred to in the caput of this article to make applications in the financial market, subject to the provisions of the sole paragraph of art. 1.
§ 2-the entities referred to in art. First, on 15 December 1998, legislative authorization to carry out investments of their availability is ensured the remuneration of their applications, which may not exceed the incident on the account only.
§ 3 the resources that are invested in the financial market on 31 December 1998 shall be transferred to the National Treasury single account on day 4 January 1999 or, in the case of application that requires compliance with deadline for rescue or for obtaining of income, on the date of its maturity or the day immediately subsequent to the payment of income.
§ 4 The public and foundations, funds administered by them, as well as the organs of the Federal Public Administration, may maintain in national Treasury single account, fixed-term applications, financial deposits arising from collection of own resources, as regulated by the Finance Ministry.
§ 5 fixed-term applications contemplated in paragraph 4 shall be ensured in the form of remuneration provided for in paragraph 2 of this article, getting sealed redemptions before the deadline established.
§ 6 the resources that on the last day of each year remain applied in the form of paragraph 4 of this article may be deducted from the amount contemplated in item II of art. 1 of law No. 9,530, of 10 December 1997.
Art. third Is the National Treasury allowed to anticipate resources from any income for the execution of expenditure, up to the limit of their respective budgetary appropriations, using cash.
(1) the provisions of this article shall be without prejudice to the delivery of revenue linked to their beneficiaries.
(2) proof of use linked national Treasury revenue, the purposes for which they were imposed, will be demonstrated by annual report of the implementation of budget expenditure.
(3) the provisions of this article shall not apply to constitutional transfers referred to in art. 159 of the Constitution.
Art. 4 the provisions of this provisional measure shall not apply to: (I)-the Central Bank of Brazil;
II-what is paragraph 2 of art. 192 of the Constitution.
Art. 5th in the operations carried out by the institutions members of the national financial system, it is permissible to capitalisation of interest at intervals of less than one year.
Sole paragraph. Whenever necessary or when requested by the debtor, the calculation of the exact value of the obligation, or your balance due, will be made by the creditor by means of calculation sheet showing clearly, precise and easy to understand and understanding, the main value of the debt, its contractual charges and expenses, the portion of interest and your impact criteria , the portion corresponding to fines and other contractual penalties.
Art. 6 Are convalidados the acts performed on the basis of provisional measure no. 2,170-35 of 26 July 2001.
Art. 7 This provisional measure shall enter into force on the date of your publication and, except for the provisions of art. 5, it shall take effect on January 1, 1999.
Art. 8 Is repealed the sole paragraph of art. 60 of law No. 8,212 of 24 July 1991.
Brasília, August 23 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO, Pedro Malan