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Law No. 12,336, 26 October 2010

Original Language Title: Lei nº 12.336, de 26 de Outubro de 2010

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LEI No. 12,336, DE October 26, 2010.

Altera the Leis no 4,375, of 17 of August 1964, which has on the military service, and no 5,292 of June 8, 1967, which it has on the provision of military service by the students of Medicine, Pharmacy, Odontology and Veterinary and by the doctors, pharmacists, dentists and veterinarians.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction it following Law:

Art. 1o The arts. 17, 29, 30 and 75 of Law no 4,375, of August 17, 1964, pass vigorously with the following essay:

?Art. 17. .....................................................................

§ 1o The Brazilians of the classes prior still in debit with the military service, as well as doctors, pharmacists, dentists and veterinarians possessor of Incorporation Dispension Certificate, subject to the same obligations imposed on those of the summoned class, without prejudice to the penalties that are applicable to them in the form of this Act and its regulation.

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?Art. 29. ......................................................................

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and) those who are enrolled or that if apply for tuition in educational institutes (IEs) intended for training, medical or postgraduate residency of doctors, pharmacists, dentists and veterinarians up to the termination or interruption of the course.

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?Art. 30. ......................................................................

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§ 6the Those who have been dispensed with the incorporation and complete the courses in IEs intended for the training of doctors, pharmacists, dentists and veterinarians may be summoned for the provision of military service.? (NR)

?Art. 75. ......................................................................

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§ 3o For course completers of Higher Education of Medicine, Pharmacy, Odontology and Veterinarian, the Certificate of Incorporation of Incorporation of which treats the paragraph' d' do caputof this article should be revalidated by the respective military region, ratifying the dispensation, or collected, in the case of incorporation, to depend on the need of the Armed Forces, under the legislation in force.? (NR)

Art. 2o Law no 4,375, of 1964, passes the increased vigour of the following art. 40-A:

?Art. 40-A. The Certificate of Exemption and the Certificate of Incorporation of Incorporation of Brazilians completing the courses in Medicine, Pharmacy, Odontology and Veterinarian will have validity up to graduation and should be revalidated by the competent military region to ratifying the dispensation or collected, in the case of incorporation, to depend on the need of the Armed Forces.?

Art. 3o The arts. 1o, 4o, 9o, 12, 23 and 45 of Law no 5,292, of June 8, 1967, pass vigorously with the following essay:

?Art. 1o In time of peace, the military service provided in the Armed Forces-Navy, Army and Aeronautics-by Brazilians regularly enrolled in educational institutes (IEs), officers or recognized, intended for training, residence medical or postgraduate medical, pharmaceutical, dentists or veterinarians (IEMFDV), or graduates by the said establishments, will comply with the prescriptions of this Act and its regulation.

§ 1o In mobilization, the service military provided by the Brazilians referred to in the caput of this article will understand all the national defence charges determined by special legislation.

§ 2o The Brazilians who come to be graduates by IEs congenneres, from foreign country, subject to the provisions of this article, provided that the diplomas are recognized by the Brazilian Government.

§ 3o Women graduates by the IEs quoted are exempt from military service in peacetime and, according to their skills and specialties, subject to the burden of the interest of mobilization.? (NR)

?Art. 4o The completers of the courses in the IEs intended for the training of doctors, pharmacists, dentists and veterinarians who have not provided the mandatory initial military service at the time of convocation of their class, by adjournment or dispensation of incorporation, should provide the military service in the year following the completion of the respective course or after conducting medical or postgraduate residency program in the form established by the caput and paragraph'a' of the single paragraph of the art. 3o, obeyed the other conditions set out in this Act and in its regulation.

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§ 2o (Revoged).

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?Art. 9o The MFDV that it treats the art. 4the are considered summoned for the provision of military service in the year following the completion of the course, so, even as students of the last year, they should be required to present themselves for the purposes of selection.

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?Art. 12. The selection of the MFDV that they treat the caput and § 3the of the art. 4the will be carried out within the physical, psychological and moral aspects.

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?Art. 23. They are considered to be surpluses and, as a consequence, dispensed with the provision of military service in the form of Adaptation and Service Stage (EAS), referred to in paragraph'a' of the single paragraph of art. 3o, the MFDV that it treats the art. 4o:

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?Art. 45. MFDV that are federal, state, district or municipal public servants, as well as employees, laborers or workers, whatever the nature of the entity in which they exercise their activities, when incorporated into Organization Military of the Armed Forces for the provision of the EAS of which they treat the caput and § 1the of the art. 4the, provided that for this you have been forced to leave office or employment, you will have secured the return to the respective post or employment, within the 30 (thirty) days that follow the licensing, unless you state, on the occasion of the incorporation, not intending to come back.

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Art. 4o Revoga-se § 2the of art. 4o of Law no 5,292, of June 8, 1967.

Art. 5the This Act comes into force on the date of its publication.

Brasilia, October 26, 2010 ; 189o of Independence and 122the of the Republic.

LUIZ INACIO LULA DA SILVA

Nelson Jobim