Law No. 10192, Of 14 February 2001

Original Language Title: Lei nº 10.192, de 14 de Fevereiro de 2001

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Law No. 10192, of 14 FEBRUARY 2001 on supplementary measures to the Real plan and other matters.
I do know that the President of the Republic adopted the provisional measure no. 2,074-73, 2001, that the National Congress has approved, and I Antonio Carlos Magalhães, President, for the purposes of the sole paragraph of art. 62 of the Constitution, enact the following law: Art. 1 The terms of payment of pecuniary obligations enforceable in the national territory shall be made in Real, at face value.
Sole paragraph. Are prohibited, under penalty of nullity, any stipulations of: I-payment denominated in or linked to foreign currency or gold, except the provisions of arts. 2 and 3 of Decree-Law No. 857, 11 September 1969, and at the end of art. 6 of law No. 8880, of 27 May 1994;
II-adjustment or indexation expressed in, or linked to monetary unit of account of any nature;
III-monetary correction or adjustment for general price indices, sector or that reflect the variation in production costs or the inputs used, except for the provisions of the following article.
Art. 2nd is admitted stipulation monetary correction or adjustment for general price indices, sector or that reflect the variation in production costs or the inputs used in contracts of duration equal to or more than one year.
(1) is void as of right any stipulation or monetary correction of adjustment frequency less than one year.
§ 2 In case of contractual review, the initial term period of monetary correction or adjustment, or new revision, will be the date on which the previous review has occurred.
§ 3 subject to the provisions of § 7 of the paragraph. 28 of law No. 9069, of 29 June 1995, and in the following paragraph, are void of any right which in finding files of the readjustment index, produce financial effects equivalent to those of lower annual frequency adjustment.
§ 4 term contracts equal to or greater than three years, whose object is the production of goods for future delivery or acquisition of goods or related rights, the parties may agree to upgrade the obligations, each period of one year from the contract, and its final maturity, considered the periodicity of payment of benefits , and slaughtered the payments, updated Similarly, in the period.
§ 5 the provisions of the preceding paragraph shall apply to contracts concluded from 28 October 1995 until October 11 1997.
§ 6 the deadline the previous paragraph may be extended by Act of the Executive branch.
Art. third party contracts agency or entity of the direct or indirect public administration of the Union, the States, the Federal District and the Municipalities, will be adjusted or corrected for inflation in accordance with the provisions of this Act, and, with her not conflict, of law No. 8666, of 21 June 1993.
(1) the annual periodicity in the contracts referred to in the caput of this article shall be reckoned from the deadline for submission of the proposal or of the budget that this refer.
§ 2-the Executive power will regulate the provisions of this article.
Art. 4 contracts concluded within the framework of the markets referred to in paragraph 5 of article 27 of law No. 9069, of 1995, including the conditions of remuneration of financial savings as well as in private security closed, remain governed by its own legislation.
Art. 5 Is established Financial base rate-TBF, to be used exclusively as the basis for payment of transactions in the financial market, the duration of not less than 60 days.
Sole paragraph. The National Monetary Council issue the necessary instructions to comply with the provisions of this article, and may even extend the time limit referred to in the caput.
Art. 6° the reference unit (UFIR) RATES, created by law No. 8383, of 30 December 1991, will be readjusted: I-semi-annually, during the calendar year of 1996;
II-annually, from January 1, 1997.
Sole paragraph. Conversion, for Real, the values expressed in (UFIR) RATES, on 27 October 2000, will be performed based on the value of this unit set for the year 2000.
Art. 7° in compliance with the provisions in the previous article, are extinct, from 1 July 1995, the monetary unit of account established or regulated by the Government, except the monetary units of State, municipal tax account and the Federal District, which will be extinct from 1 January 1996.
§ 1 "On July 1, 1995 and January 1, 1996, the values expressed in monetary units of extinct account in the form of the caput of this article shall be converted into Real, with observance of the provisions of art. 44 of law No. 9069, 1995, in which it fits.
§ 2-The States, the Federal District and the municipalities can use the (UFIR) RATES under the same conditions and frequency adopted by the Union, to replace their tax account currency units extinguished.
Art. 8° from 1 July 1995, the Brazilian Institute of geography and statistics-IBGE will cease to calculate and disclose the IPC-r.
(1) The obligations and contracts where there is a stipulation to readjust by IPC-r, this will be replaced, from 1 July 1995, by index provided for contractually.
§ 2° in case there is no price index forecast replacement, and if there is no agreement between the parties, should be used to average national price indices, in the form of regulations to be downloaded by the Executive branch.
Art. 9 shall be provided to employees on the first date-base of the respective category after, July 1995, the relative adjustment payment. the accumulated variation of the IPC-r between the last date, prior to July 1995, and June 1995, inclusive.
Art. 10. Wages and other work-related conditions continue to be fixed and revised on date-annual basis through gives free collective bargaining Art. 11. Frustrated the negotiation between the parties, promoted directly or through a mediator, can be filed the action of collective bargaining.
(1) the mediator shall be appointed jointly by the parties or, at their request, by the Ministry of labor and employment, in the form of regulation that treats the paragraph 5 of this article.
§ 2° the party that considers itself without appropriate conditions for, in a situation of balance, participate in direct negotiation, you can therefore request the Ministry of labour and employment the appointment of mediator, who shall convene the other party.
§ 3° the mediator appointed will have a period of up to thirty days for the completion of the negotiation process, unless express agreement with stakeholders.
§ 4° Not achieved the understanding between the parties, or refusing any of them to mediation, shall be ata plough containing the causes motivating the conflict and economic claims, document that instructs the representation for the filing of collective bargaining.
§ 5 the Executive power will regulate the provisions of this article.
Art. 12. On the filing of collective bargaining, the Parties shall submit their final proposals, courts that will be object of reconciliation or resolution of the Court in sentencing rules.
§ 1° the decision put an end to the bargaining will be based, under penalty of nullity, must translate, as a whole, the true composition of the conflict of interest of the parties, and keep fitness with the interests of the collective.
§ 2° the sentence shall be published regulations within fifteen days of the decision of the Court.
Art. 13. The agreement or Convention and in collective bargaining, the stipulation is forbidden or fixing or adjustment clause automatic wage correction linked to a price index.
§ 1° In wage revisions in annual base date, shall be deducted from the advances granted in the period before the review.
(2) Any grant of salary increase for productivity must be supported by objective indicators.
Art. 14. The normative decision appeal of labor courts have suspensive effect, to the extent and assigned extension in action. Top of the Job.
Art. 15. Remain in force legal provisions relating to monetary adjustment of labor debts, debts resulting from court ruling, of debts relating to compensation due to default of contractual obligations and liabilities of enterprises and institutions under the Concordat, bankruptcy, and extrajudicial liquidation.
Art. 16. Get convalidados the acts performed pursuant to provisional measure no. 2,074-72, 27 December 2000.
Art. 17. This law shall enter into force on the date of its publication.
Art. 18. Revoke the ¶ 1° and 2° of the art. 947 of the Civil Code, §§ 1 and 2 of art. 1° of the law n° 8542, of 23 December 1992, and art. 14 of Act No. 8177, March 1, 1991.
National Congress on 14 February 2001; 180° and 113 of the Republic's independence.
SENATOR ANTONIO CARLOS MAGALHÃES President

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