DECREE NO 7,332, DE October 19, 2010.

It gives new essay and adds articles to Decree n^o 5,209, of September 17, 2004, which regulates Law n^o 10,836 of January 9, 2004, which creates the Family Exchange Program.

OCHAIRMAN OF THE REPUBLIC, in the use of the assignments that confers you art. 84, incisos IV and VI, point?a?, of the Constitution and in view of the provisions of Law n^o 10,836, of January 9, 2004,

DECRETA:

Art. 1^o The arts. 2^o, 11, 12, 17, 27, 28 and 29 of Decree No. 5,209, of September 17, 2004, pass vigorously with the following essay:

?Art. 2º It is up to the Ministry of Social Development and Combat to Fome to coordinate, manage and operationalize the Family Exchange Program, and in particular to perform the following activities:

I-carry out the management of the benefits of Program Family Exchange ;

II-supervising compliance with conditionalities and promote the provision of the supplementary programs, in articulation with the sector and other federated ministries ;

III-monitor and scrutinize the execution of the The Family Exchange Programme, and may use, for so much, intersector mechanisms ; IV-disciplinary, coordinate and implement the financial support actions to the quality of management and decentralized implementation of the Family Exchange Programme ; eV-coordinate, manage and operationalize the Single Cadastro for Social Programs of the Federal Government.? (NR)

?Art. 11. .......................................................................

§ 1º The federal loved ones will be able to join the Program Family Exchange, observed the criteria, conditions and procedures set forth by the Ministry of Social Development and Combat to the Famer, by means of specific term, with the following effects :I-fixing of their skills and responsibilities in the management and implementation of the Family Exchange Program ; eII-possibility of receipt of resources from the Ministry of Social Development and Combat to the Famer to support the management of the Family Exchange Program.

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§ 3º Are conditions for the membership of the Program Family scholarship, without prejudice to others that will come to be fixed by the Ministry of Social Development and Combat to the Famer:

I-formal existence and full functioning of instance of social control in the respective federative sphere, in the form defined in art. 29 ; and

II-indication of municipal manager of the Program Family scholarship and, in the case of the States and the Federal District, of the Program coordinator.

§ 4^o The Ministry of Social Development and Combat to the Fome will fix the remaining procedures to be observed by the States, Municipalities and Federal District to join the Family Exchange Program.? (NR)

?Art. 12. Without prejudice to the provisions of § 1^the of the art. 11, and with a view to ensuring the effective conjugation of efforts between the federal ones, cooperation agreements between the Union, States, Federal District and Municipalities could be concluded, having as object programmes and social policies oriented to the public recipient of the Family Exchange Program, observed, in what couber, the specific legislation relating to each of the programmes of which it treats art. 3^o.

§ 1^o The cooperation agreements of which treats the caput should contribute to any of the following purposes:

I-promotion of sustained emancipation of the beneficial families ;

II-guarantee of access to public services that ensure the exercise of citizenship ; or

III-financial supplementation of the value of the benefits of the Family Exchange Program.

§ 2^o In the hypothesis of the inciso III of the § 1^o, the cooperation agreement can be reached between the interested federate and the operator of the Family Exchange Program, observed model approved in act of the Minister of State for Social Development and Combat to the Famer.

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Art. 17. ........................................................................

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VI-promotion and monitoring of agreements of cooperation between the Union, the States, the Federal District and Municipalities that it treats the inciso III of § 1^the of the art. 12.

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?Art. 27. The conditionalities of the Family Exchange Program provided for in art. 3^o of Law n^o 10,836, 2004, represent the counterparts that must be fulfilled by the families for the maintenance of the benefits and are intended to:

I-stimulate beneficial families to exercise their right of access to public policies on health, education and social care, promoting the improvement of living conditions of the population ; and

II-identify social vulnerabilities that affect or prevent the access of the beneficial families to the public services to which they are entitled, through monitoring their compliance.

Single Paragraph. It will be up to the various spheres of government to ensure full access to public health, education and social assistance services by offering these services so as to enable the fulfilment of the counterparts by families beneficiaries of the Family Exchange Program.? (NR)

?Art. 28. ......................................................................

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§ 4º Ato of the Minister of State of the Social Development and Combat to Fome will discipline the management of conditionalities of the Family Exchange Program, especially with regard to the consequential consequences of their compliance and discompliance by the beneficiary families and the hypotheses of temporary interruption of the effects arising from their discompliance.

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?Art. 29. The control and social participation of the Family Exchange Program should be carried out, in a local context, by instance of social control formally constituted by the Municipality or the Federal District, respected parity between government and society, without prejudice to other skills assigned to them by the legislation.

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Art. 2^o Decree No. 5,209, 2004, passes the following addition of the following articles:

?Art. 11-A. The Ministry of Social Development and Combat to the Fome will discipline the operation mechanisms of the Decentralised Management Index of the Family-IGD Program, provided for in § 2^o of the art. 8^o of Law n^o 10,836, 2004, as a tool for promotion and strengthening of the intersector management of the Family Exchange Program, in the following modalities:

I-The decentralized Management Index of the Municipalities-IGD-M, to be applied to Municipalities and the Federal District ; and

II-Index of State Decentralized Management -IGD-E, to be applied to states.

§ 1^o The value of the index obtained by the federate, in the periodicity and systematic set by the Ministry of Social Development and Combat to the Famer:

I-will indicate the results achieved in the management of the Family Exchange Program in its sphere ; and

II-will determine the amount of resources to be regularly transferred by the Federal Government to the federation that has joined the Family Exchange Program, for financial support to the decentralised management and execution actions, met the minimum benchmarks fixed by the Ministry of Social Development and Combat to Fome.

§ 2^o The results achieved by the ente federated in the management of the Family Exchange Program, injured in the form of the inciso I of § 2^the of the art. 8^o of Law n^o 10,836, 2004, will be considered to be accountability of the transferred resources.

§ 3^o The total amount of resources will not be able to exceed the forecast for resources for management support released annually by the Ministry of Social Development and Combat to the Famer for the federated ones, observed the limits set according to § 7^o of the art. 8^o of Law n^o 10,836, from 2004.

§ 4^o For the purposes of calculating the IGD-E, may be considered as data concerning the decentralised management of the respective Municipalities, without prejudice to other criteria, in the form defined in act of the Ministry of Social Development and Combat to the Fome.

§ 5^o The repasses of the resources to financial support for the management actions and decentralised execution of the Family Exchange Program provided for in § 3^the of the art. 8^o of Law n^o 10,836, of 2004, will be held directly from the National Social Assistance Fund to the Social Assistance Funds of the States, Municipalities and the Federal District.

§ 6^o For strengthening purposes of the social control instances of the federated ones, at least three per cent of the resources transferred for financial support to the management actions and decentralized execution of the Family Exchange Program will be earmarked for technical support activities and operational to the respective collegiate, in the form fixed by the Ministry of Social Development and Combat to the Famer.

Art. 11-B. The IGD will measure the quality of the decentralised management of the Family Exchange Programme, in accordance with the provisions of the inciso I of § 2^the of the art. 8^o of Law n^o 10,836, of 2004, considering the following variables, among others fixed by the Ministry of Social Development and Combat to the Famer:

I-integrity and update of the information of the Single Cadastro for Social Programs of the Federal Government ; and

II-sending of the information on the monitoring of compliance with conditionalities in the areas of health and education by recipients of the Family Exchange Program.

Art. 11-C. The use of resources for financial support for the decentralised management and implementation actions of the Family Exchange Program should be linked to the execution of the following activities:

I-conditional management, carried out of intersectorial form, understanding the activities required for the registration, systematization and analysis of the information related to school attendance, health agenda and other actions that come to be fixed as Program conditionals Family scholarship ;

II-benefit management ;

III-monitoring of families beneficiaries, in particular those in a situation of greater social vulnerability, performed in an articulated manner between the areas of social assistance, health and education ;

IV-identification and enrollment of new families, update and review of the Single Cadastro data for Social Programs of the Federal Government regarding citizens residing in the territory of the federated ente ;

V-implementation of complementary programs with acting in support of the beneficiary families, developed according to their demand and their profile ;

VI-activities related to follow-up and to the supervision of the Family Exchange Program, requested by the Ministry of Social Development and Combat to the Famer ;

VII-articulated and integrated management with the benefits and socio-assisted services provided for in Law n^o 8,742, 1993 ;

VIII-technical and operational support to the social control instances of the federated ones, as § 6^the of the art. 11-A ; and

IX-other activities to be established by the Ministry of Social Development and Combat to Fome.

Art. 11-D. The planning of the application of resources for financial support to the decentralised management and execution actions of the Family Exchange Program will be carried out by its manager, in the respective spheres of government, in the manner provided for by the Ministry of Social Development and Combat to Fome.

Single Paragraph. The planning that treats caput should consider the intersectoriality of the areas of social care, health and education, among others, in addition to integrating the Social Assistance Plans that it treats art's inciso III. 30 of Law 8,742, 1993, in the form to be defined in act of the Ministry of Social Development and Combat to the Fome.

Art. 11-E. The application of the resources for financial support to the decentralised management and implementation actions of the Family Exchange Program transferred to the federated ones should integrate the annual accounts of the States Social Assistance Funds, Municipalities and Federal District, on specific item.

Art. 11-F. The provision of the accounts of the application of resources for financial support to the decentralised management and execution actions of the Family Exchange Program, pursuant to § 6^o of the art. 8^o of Law n^o 10,836, 2004, will be submitted by the federated ente to the respective Social Care Board, which should:

I-receive, analyse and express themselves on the approval, integral or partial, or rejection of the provision of annual accounts of the application of resources ;

II-inform the executor body and the Ministry of Social Development and Combat to the Famer, in time to be defined by this, of the occurrence of possible irregularities in the use of resources ; and

III-promote the dissemination of activities carried out, in a transparent and articulated manner, with the internal and external control bodies of the Union and States.

Art. 11-G. The evaluation of the accountability of which it treats art. 11-F will be effected in computerised system, to be made available by the Ministry of Social Development and Combat to the Fome, based on normative act that will discipline:

I-the procedures ;

II-the format and content of the report of assessment ;

III-the required documentation ;

IV-the time limits for the submission of the benefits of accounts to the Council provided for in art. 11-F, as well as for manifestation of these high school holidays ; and

V-the specific procedures for the consideration of the accountability of the application of resources for financial support to the management actions and decentralised execution of the Family Exchange Program repassed in 2009.

Art. 11-H. Financial repasses for support for the management and decentralized implementation actions of the Family Exchange Programme will be suspended, without prejudice to other administrative, civil and criminal penalties provided for in the legislation in force, when proven improper handling of the information relating to the elements constituting the IGD in order to achieve the minimum indices of which it treats § 3^the of the art. 8^o of Law n^o 10,836, from 2004.

Single Paragraph. In addition to the suspension of resources that it treats caput, there will be the introduction of special accounts and the adoption of arrangements for regularizing the information and repair of the damage, without prejudice to the other legal measures applicable to the responsible.

Art. 11-I. The accounts for the application of resources to support the decentralised management and implementation actions of the Family Exchange Program, of which they treat the arts. 11-E, 11-F and 11-G, as well as the common documentation of the use of resources, should be filed by the respective federated ones for the five-year period, counted from the trial of accounts by the Board provided for in the art. 11-F.

Single Paragraph. The comprochable documentation of the expenses undertaken in support of the management of the Family Exchange Program in the federated ones should identify the financial resources originating from it.

Art. 11-J. The balance of financial resources passed by the National Social Assistance Fund to the Social Assistance Funds of the Municipalities, States and Federal District, stemming from transfers to financial support for the management of the Exchange Programme Family, existing on December 31 of each year, may be reprogrammed in the following financial year as long as it is not compromised, in the terms of art. 73 of Law n^o 4,320, of March 17, 1964.? (NR)

Art. 3^o Accession to the Program Exchange Family in accordance with the changes ora introduced in Decree No. 5,209, 2004, replaces the specific terms of which it treats the previous essay of § 1^the of the art. 11 of the quoted Decree.

Art. 4^o This Decree goes into effect on the date of its publication.

Art. 5^o Ficam revoked § 3º of the art. 12 and the § 1º of the art. 29 of Decree No. 5,209 of September 17, 2004:

Brasilia, October 19, 2010 ; 189^o of Independence and 122^the of the Republic.

LUIZ INACIO LULA DA SILVA

Marcia Helena Carvalho Lopes

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