Decree No. 6042, Of 12 February 2007

Original Language Title: Decreto nº 6.042, de 12 de Fevereiro de 2007

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Decree No. 6042, of 12 FEBRUARY 2007.
Regulation of Social Security, approved by Decree 3048 of 6 May 1999, regulates the implementation, monitoring and evaluation of prevention accident factor-FAP and Epidemiological, Technical and other matters.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI, paragraph a, of the Constitution, and in view of the provisions of law in 123, of 14 December 2006, and in the laws on 8212, of 24 July 1991, 8213, of 24 July 1991, 9796, of 5 May 1999, 10666, of 8 May 2003, 11430, and 26 December 2006 ,
DECRETA:
Art. 1 the Social Security Regulation approved by Decree 3048 of 6 May 1999, with the following changes: "Art. 6o ...............................................................
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Sole paragraph. The General system of Social security guarantees to cover all situations expressed in art. 5, except that of involuntary unemployment, subject to the provisions of art. 199-how the right retirement for length of contribution. " (NR)
"Art. 9o ...............................................................
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§ 19. The insured contemplated in art. 199-have specific identification in Social Security records. " (NR)
"Art. 28. ......................................................
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II-to the insured employee, individual contributor, subject to the provisions of § 4 of art. 26, and optional, including the insured that contributes in the form of the special paragraph 2 of art. 200, the date of the effective payment of the first contribution without delay, not being considered for this purpose contributions collected with delay referring to previous skills, noted, with regard to the insured, the provisions of §§ 3 and 4 of art. 11. § 1 for the insured special contributes in the form of § 2 of art. 200, the grace period referred to in paragraph 1 of art. 26 is counted from the effective exercise of rural activity, upon confirmation, in the form of the provisions of art. 62.
............................................................... " (NR)
"Art. 40................................................................................................................................... § 1 the values of the benefits in maintenance shall be adjusted on the same date each year of readjustment of the minimum wage, pro rata in accordance with their respective dates of commencement or the last adjustment, based on the national consumer price index-INPC, determined by the Brazilian Institute of geography and statistics-IBGE.
§ 2 the benefits must be paid from the first to the fifth working day of the month following the month of their competence, in accordance with the proportional distribution of the number of beneficiaries per day.
............................................................... § 4 of the benefits increased due to the increase in the minimum wage, this increase should be discounted when applying the readjustment in the § 1, in the form of disciplined by the Ministry of Social Security. " (NR)
"Art. 56. The retirement contribution time shall be payable to the insured after 35 years of contribution, if male, or thirty years, if woman, subject to the provisions of art. 199-the.
............................................................... " (NR)
"Art. 125. ...............................................................
I-the reckoning of time for assistance in public administration, for the purpose of granting of benefits provided for in the General system of Social Security, including pensions as a result of a treaty, Convention or international agreement; and II-for purposes of issuance of certificate of contribution time, INSS, for use in the public service, the reckoning of time of contribution on private, rural and urban activity, subject to the provisions of paragraph 4 of this article and in the sole paragraph of art. 123, § 13 of the art. 216 and § 8 of art. 239................................................................ § 2 it is the application of the reciprocal of time count of contribution under the international treaties, conventions or agreements of social security.
............................................................... § 4 for reciprocal count, the period in which the insured individual contributor and the optional have contributed in the form of art. 199-the only be computed if they are complemented the contributions in the form of § 1 of that article. " (NR)
"Section II of the contribution of the insured Individual contributor and Optional ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Art. 199-the. From the jurisdiction in which the insured makes the option by the exclusion of the right to retirement benefit by contributing time, is 11%, about the value corresponding to the minimal monthly salary contribution, the rate of contribution: I-the insured individual contributor, working on their own, without working relationship with company or treated as such;
II-the insured optional; and III-specifically with regard to contributions relating to their participation in society, the society's partner manager who has had annual gross revenue, in the previous calendar year, until (36000) 36000.00 R$.
§ 1 the insured person who has contributed in the form of caput and want to tell the time of matching contribution, for the purpose of obtaining the retirement time of contribution or reciprocal counting time of contribution, should complement the monthly contribution by gathering more 9% plus interest from the provisions of art. 239. § 2 the complementary contribution referred to in § 1 shall be required at any time, under penalty of rejection or cancellation of benefit. " (NR)
"Art. 200............................................................................................................................... § 2 the insured mentioned in this special article, in addition to the mandatory contribution in items I and II of the caput, can contribute, on a voluntary basis, in the form of art. 199.
............................................................... " (NR)
"Art. 202............................................................................................................................... § 5 is the responsibility of the company perform the preponderant activity framework, and the social security Treasury Department of the Ministry of Social Welfare to see it at any time.
§ 6 Verified error in auto-enquadramento, the Department of social security Revenue will adopt the necessary measures for its correction, will head the company in case of undue payment and notification of amounts due.
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§ 13. The company shall monthly, through the Gathering guide of the guarantee fund of the length of service and Social Security Information-GFIP, the rate corresponding to your level of risk, their major activity and the activity of the establishment, calculated according to the provisions of § § 3 and 5th. " (NR)
"Art. 202-the. The tax rates in items I to III of art. 202 will be reduced by as much as 50% or increased by up to 100%, due to the company's performance in relation to its activity, measured by the prevention accident factor-FAP.
§ 1 the FAP consists of a variable in a continuous range multiplier 50 hundredths (0.50) the two integers (2.00), disregarding the other decimal places, to be applied to their tax rate.
§ 2 for the purposes of the reduction or increase referred to in § 1 shall be the breakdown of the performance of the company, within the respective activity, for three-dimensional coordinate standardized distance (frequency, severity indices and cost), the maximum factor two integers (2.00) to those companies whose sum of the coordinates is equal to or greater than six positive integers (+6) and the minimum factor 50 hundredths (0.50) to those whose sum result less than or equal to six negative integers ( -6).
§ 3 the FAP may vary based on continuous scale by means of simple linear interpolation procedure and will be applied to companies whose sum of standardized three-dimensional coordinates is within the range set forth in § 2, considering as reference the coordinates zero point (0; 0; 0), which corresponds to the FAP equal to an integer (1.00).
§ 4 the frequency, severity and cost will be calculated in accordance with methodology approved by the National Council of Welfare, taking into account:

I-the index, the amount of benefits disabling disability-causing aggravations have of which generated accident benefit with statistical significance able to establish epidemiological link between the activity of the company and the morbid entity, added the amount of pension benefits for death acidentária;
II-to the gravity index, the sum, expressed in days, the duration of the crippling benefit considered pursuant to item (I), taking the life expectancy as a parameter for setting the date of cessation of aid-accident and death benefits acidentária; and III-for the cost index, the sum of the value corresponding to the daily benefit salary of each of the benefits considered in item I, multiplied by its gravity.
§ 5 the Ministry of Social Security shall publish annually in the Diário Oficial da União, in the same month, the frequency, severity and cost, by economic activity, and make available on the Internet, the FAP by company, with the information which would enable this check the correctness of the data used in the calculation of its performance.
§ 6 the FAP will produce tax effects from the first day of the fourth month subsequent to its disclosure.
§ 7 For the annual calculation of FAP, will use the data from January to December of each year, from the year of 2004, to complete the five-year period, from which the data in the initial year will be replaced by the new annual data.
§ 8 For companies incorporated after may of 2004, the FAP shall be calculated from 1 January of the following year to complete two years of Constitution, based on the existing annual data from the first year of its Constitution.
§ 9 Exceptionally, and for purposes of the provisions of §§ 7 and 8, for the year of 2004 will be considered the data accumulated from may of that year. " (NR)
"Art. 216............................................................................................................................... § 7 For calculation and Constitution of the credits referred to in paragraph 1 of art. 348, social security uses as a base the value of the simple arithmetic average of the greatest salaries-to-contribution corresponding to 80% of all the contributory period elapsed since the July 1994 competence, even if not collected the corresponding contributions fixed every month by the same indexes used for obtaining the benefit of salary in the form of this Regulation, subject to the ceiling referred to in paragraph 5 of art. 214.
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§ 33. In the case provided for in § 32, it is up to the individual taxpayer to collect his own contribution, being the tax rate, in this case, twenty percent. " (NR)
"Art. 239. ...............................................................
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§ 8o On contributions due and calculated on the basis of § 1 of art. interest on arrears shall 348 five-tenths by 100 a month, capitalized on an annual basis, limited to the maximum percentage of 50%, and 10% fine.
§ 9 do not apply the fines imposed and calculated as a percentage of the claim due to expired collection of contributions, nor any other fines, the masses broke in the art. 192 of law no 11101, 9 February 2005, and foreign diplomatic missions in Brazil and the members of those missions when assured the exemption in Treaty, Convention or other international agreement to which the foreign State or international organisation and Brazil are parties.
............................................................... " (NR)
"Art. 337. The work will be characterized by technically medical expertise of the INSS, by identifying the link between the work and the buts.
............................................................... § 3 shall be deemed to have established the link between the work and the aggravation when causal epidemiologic technical company activity and the morbid entity lists inability, in motivating international classification of diseases (ICD) in accordance with the provisions laid down in List B of annex II to this Regulation.
§ 4 (1) for the purposes of this article, it is considered further injury, disease, health disorder, disorder, disorder or syndrome of acute, subacute, or chronic evolution, clinical or subclinical nature, including death, regardless of the time of latency.
§ 5 recognized by medical expertise of INSS to incapacity for work and the link between work and injury, in the form of § 3 shall be due acidentárias the benefits that the recipient is entitled.
§ 6 the medical expertise of the INSS will no longer apply the provisions of § 3 when demonstrated that there is no causal relationship between work and further, without prejudice to the provisions of §§ 7 and 12.
§ 7 the company may require to the INSS not nexus application to epidemiologic case technician through the demonstration of absence of corresponding causal relationship between work and injury.
§ 8 The application referred to in paragraph 7 may be lodged within 15 days of the date for delivery, in the form of item IV of the art. 225, of GFIP that records the movement of the worker, not knowledge of the claim in administrative instance.
§ 9 Characterized the impossibility of attendance to the provisions of § 8, motivated by not timely diagnosis knowledge further, the application of § 7 can be filed within fifteen days of the date on which the company take science of decision of the medical expertise of SOCIAL SECURITY referred to in § 5.
§ 10. Along with the requirement that treat the §§ 8 and 9, the company shall make the claims to understand necessary and submit the evidence we possess demonstrating the absence of causal relationship between work and injury.
§ 11. The evidentiary documentation can bring, among other evidence, detailed and timely technical evidence to the insured, which may be produced in the context of risk management programs, in charge of the company, that have technical responsible legally enabled.
§ 12. The INSS will inform the insured about challenges to the company, wanting to challenge it, according as the production of evidence as provided in § 10, where the statement of the application highlight the possibility of recognition no the causal relationship between work and injury.
§ 13. The decision of the application referred to in § 7 appeal with suspensive effect, by the company or, as the case may be, of the insured to the Council of Social Welfare Resources, pursuant to arts. 305 to 310. " (NR)
Art. 2 annexes II and V of the Social Security Regulations are in force with the amendments contained in the Annex to this Decree.
Art. 3 the Minister of State for Social Security will promote the monitoring and evaluation of changes of the art. Social Security Regulation 337, and may for this purpose be interministerial Commission with the participation of other agencies that have interfaces with this matter.
Art. 4 the initial application of the provisions of art. 202 it is subject to the evaluation of the performance of the companies until 31 December 2006.
§ 1 for the purposes of the provisions in the caput, the Ministry of Social Welfare shall make available on the Internet, until 31 May 2007, the list of cases relating to the period from 1 May 2004 to 31 December 2006 that will be considered, by company, for the calculation of their FAP.
§ 2 the company will be cientificada the availability of the data referred to in paragraph 1 by means of ministerial Act published in the Official Gazette.
§ 3 the company may, within thirty days as of the publication of the Act referred to in § 2, challenge, next to the INSS, the inclusion of events that have been linked, demonstrating the possible an impertinent thing.
Art. 5 this Decree shall take effect from the first day: I-the month of April 2007, about the arts. 199-and 337 and list B of Annex II to regulation of Social Security;
II-the fourth month subsequent to its publication, as the new wording of annex V to regulation of Social Security; and III-of September 2007 on the application of art. 202-the Social security regulation, subject to the provisions of § 6 of the mentioned article.
Sole paragraph. Until they are required contributions in accordance with the amendment to annex V to the Regulation of the Social Security and the application of art. 202-will be kept such contributions in the form of disciplined until the day before the publication of this Decree.
Art. 6 this Decree shall enter into force on the date of its publication.

Art. 7 Is repealed § 3 of art. 40 of the Regulation, approved by Decree 3048 of 6 May 1999.
Brasilia, February 12 2007; the 1860s and 119 of the Republic.
LUIZ INACIO LULA DA SILVA Nelson Machado this text does not replace that published in the 13.2.2007.
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