Decree No. 7,332, 19 October 2010

Original Language Title: Decreto nº 7.332, de 19 de Outubro de 2010

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Decree No. 7,332, 19 OCTOBER 2010.
Gives new wording and added articles to the Decree, 5,209 September 17 2004, which regulates law No. 10,836, of 9 January 2004, establishing the Family allowance program.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI) (? the?, of the Constitution and in view of the provisions of law No. 10,836, of 9 January 2004, DECREES: Art. 1st The arts. 2, 11, 12, 17, 27, 28 and 29 of Decree n° 5,209, of 17 September 2004, shall take effect as follows:? Art. 2 it is the responsibility of the Ministry of Social development and hunger alleviation to coordinate, manage and operationalize the Family allowance program and, in particular, perform the following activities: (I)-management of the benefits of the Family allowance program;
II-to supervise the compliance with the conditions and promote the offer of complementary programs, in conjunction with the sectoral Ministries and other federal entities;
III-to monitor and oversee the implementation of the Family allowance program, and may be used for this purpose, intersectoral mechanisms; IV-disciplinary, coordinate and implement actions for financial support to the quality of management and of the decentralised implementation of the Family allowance program; EV-coordinate, manage and operationalize the register Only for Social Programs from the Federal Government? (NR)
? Art. 11........................................................................ § 1 The federated entities may join the Bolsa Família Programme, in compliance with the criteria, conditions and procedures laid down by the Ministry of Social development and hunger alleviation, via specific term, with the following effects: (I)-fixing its powers and responsibilities in the management and implementation of the Family allowance program; EII-possibility of receiving resources from the Ministry of Social development and fight against hunger to support the management of the Family allowance program.
............................................................................................. § 3 are conditions for joining the Bolsa Família Programme, without prejudice to any other which may be laid down by the Ministry of Social development and fight against hunger: I-formal existence and the full operation of instance of social control in the federal sphere, in the form defined in art. 29; and II-appointment of City Manager of the Family allowance program and, in the case of the States and the Federal District, the Coordinator of the program.
§ 4 the Ministry of Social development and fight against hunger will set other procedures to be followed by States, Municipalities and the Federal District to join the Bolsa Família Program.? (NR)
? Art. 12. without prejudice to the provisions of § 1 of art. 11, and with a view to ensuring the effective combined efforts between the federated entities, cooperation agreements may be concluded between the Union, States, Federal District and Municipalities, having as object-oriented social policies and programs to the public beneficiary of the Family allowance program, observed, what fits, the specific legislation relating to each of the programmes contemplated in art. 3. § 1 The cooperation agreements referred to in the caput must contribute to any of the following purposes: (I) promotion of sustained emancipation of beneficiary families;
II-ensuring access to public services to ensure the exercise of citizenship; or III-financial completion of the value of the benefits of the Family allowance program.
§ 2 in the case of item (III) of paragraph 1, the agreement could be signed between the Federated entity interested and the Bolsa Família Program operator agent, noted model approved in Act of the Minister of Social development and fight against hunger.
....................................................................................? (NR)
Art. 17. ........................................................................
..............................................................................................
I saw the promotion and follow-up of cooperation agreements between the Union, States, Federal District and Municipalities contemplated in item III of paragraph 1 of art. 12.
....................................................................................? (NR)
? Art. 27. The conditionalities of the Family allowance program provided for in art. 3 of law No. 10,836, 2004, represent the trade-offs that must be met by the families for the maintenance of the benefits and are intended to: (I)-to encourage the beneficiary families to exercise your right of access to public policies for health, education and welfare, promoting the improvement of the living conditions of the population; and II-identify the social vulnerabilities that affect or prevent the access of beneficiary families to public services to which they are entitled, through the monitoring of your compliance.
Sole paragraph. It will be up to the various spheres of Government to ensure full access to public services of health, education and social assistance, by providing these services, in order to achieve compliance with the counterparts on the part of the beneficiary families of the Bolsa Família Program.? (NR)
? Art. 28.................................................................................................................................................................... §4 Act of State Minister of Social development and fight against hunger will inform the management of the conditionalities of the Family allowance program, especially with regard to the consequences of your compliance and non-compliance by the beneficiary families and the chance of temporary interruption of the effects arising from your breach.
...................................................................................? (NR)
? Art. 29. The social participation and control of the Family allowance program should be carried out locally, for instance social control formally constituted by the municipality or by the Federal District, respected the parity between Government and society, without prejudice to any other powers assigned to them by the law.
...................................................................................? (NR)
Art. 2 Decree No. 5,209, 2004 shall apply plus the following items:? Art. 11-the. The Ministry of Social development and fight against hunger will dictate the mechanisms of functioning of the decentralised management of the index family Scholarship Program-IGD, referred to in paragraph 2 of art. 8 of law No. 10,836, 2004, as an instrument for the promotion and strengthening of intersectoral management of the Family allowance program, as follows: I-index of decentralised management of municipalities-IGD-M, to be applied to Municipalities and the Federal District; and II-Decentralised State index-IGD-and, to be applied to the States.
§ 1 the value of the index obtained by the Federated entity, in periodicity and systematically laid down by the Ministry of Social development and fight against hunger: I-indicate the results achieved in the management of the Family allowance program in your ball; and (II) it shall determine the amount of resources to be regularly transferred by the Federal Government to the Federated entity which has acceded to the Family allowance program, for financial support to actions of decentralised management and implementation, met the minimum references laid down by the Ministry of Social development and fight against hunger.
§ 2 the results achieved by the Federated entity in managing the Bolsa Família Program, measured in the form of item (I) of paragraph 2 of art. 8 of law No. 10,836, 2004, will be considered as accountability of resources transferred.
§ 3 the total amount of resources must not exceed the estimates of resources to support the management disclosed annually by the Ministry of Social development and hunger alleviation for the federated entities, in compliance with the limits set according to § 7 of art. 8 of law No. 10,836, 2004.
§ 4 (1) for the purposes of calculation of the IGD-and can be considered data relating to decentralised management of the respective municipalities, without prejudice to other criteria, in the form defined in Act of the Ministry of Social development and fight against hunger.
§ 5 The transfers of resources for financial support to actions of decentralised management and implementation of the Family allowance program provided for in § 3 of art. 8 of law No. 10,836, 2004, will be carried out directly from the National Fund of Social Assistance Social Assistance funds of States, municipalities and the Federal District.
§ 6 for the purpose of strengthening social control authorities of the federated entities, at least 3% of the resources transferred to financial support to actions of decentralised management and implementation of the Family allowance program are intended for activities of technical and operational support to the Board, in the form laid down by the Ministry of Social development and fight against hunger.
Art. 11-B. The IGD measure the quality of decentralised management of the Family allowance program, in accordance with the provisions of subsection 1 of § 2 art. 8 of law No. 10,836, 2004, considering the following variables, among other established by the Ministry of Social development and fight against hunger: I-integrity and update Registration information Only for Social Programs from the Federal Government; and

II-submitting information on the monitoring of compliance with the conditions in the areas of health and education for the beneficiaries of the Family allowance program.
Art. 11-C. The use of resources for financial support to actions of decentralised management and implementation of the Family allowance program should be linked to the implementation of the following activities: (I)-management of conditionalities, performed in order, including the intersectoral required activities for the record, systematization and analysis of information related to school attendance, agenda and other actions which may be laid down as conditions of the Family allowance program;
II-administration of benefits;
III-monitoring of beneficiary families, especially those in situations of greater social vulnerability, held so articulated between the areas of social assistance, health and education;
IV. identification and registration of new families, update and review of Registration Data Only for Social Programs from the Federal Government for the residents in the territory of the Federated entity;
V-implementation of complementary programs with expertise in supporting the beneficiary families, developed in accordance with your demands and your profile;
VI-activities related to the monitoring and surveillance of the Family allowance program, ordered by the Ministry of Social development and fight against hunger;
VII-articulated and integrated management with the benefits and services provided by law socioassistenciais in 8,742, 1993;
VIII-technical and operational support to instances of social control of the federated entities, in accordance with § 6 of art. 11-A; and IX-other activities to be established by the Ministry of Social development and fight against hunger.
Art. 11-D. The application of planning resources for financial support to actions of decentralised management and implementation of the Family allowance program will be conducted by your manager, in their respective spheres of Government, as provided for by the Ministry of Social development and fight against hunger.
Sole paragraph. The planning of the chapeau should consider intersectoral approach in the areas of social assistance, health and education, among others, in addition to integrating Social Assistance plans contemplated in item III of art. 30 of the law of 1993 8,742, in order to be set in Act of the Ministry of Social development and fight against hunger.
Art. 11. The application of resources for financial support to actions of decentralised management and implementation of the Family allowance program transferred to the federated entities should integrate the benefits of annual accounts of the Welfare Funds of the States, Municipalities and the Federal District, in particular item.
Art. 11-F. The provision of financial resources to support the actions of management and decentralised implementation of the Family allowance program, pursuant to § 6 of art. 8 of law No. 10,836, 2004, will be submitted by the Federated entity to its Board of Social services, which must: I-receive, analyze and express themselves about the approval, in whole or in part, or rejecting the annual accountability resources;
II-inform the executing agency and the Ministry of Social development and fight against hunger, in deadline to be set for this, in the event of any irregularities in the use of resources; and III-promote the dissemination of activities carried out in a transparent manner and articulate, with the internal and external control bodies of the Union and the States.
Art. 11-G. The assessment of accountability of the art. 11-F will be made in computerised system, to be made available by the Ministry of Social development and fight against hunger, based on normative act that govern: I-procedures;
II-the format and content of the evaluation report;
III-the necessary documentation;
IV-the deadlines for sending the accounts to the Council benefits provided for in art. 11-F, as well as for manifestation of these committees; and V-specific procedures for the assessment of accountability of resources for financial support to actions of decentralised management and implementation of the Family allowance program passed in 2009.
Art. 11-H. The financial transfers to support the actions of decentralised management and implementation of the Family allowance program will be suspended, without prejudice to other administrative penalties, civil and criminal cases provided for in the legislation in force, when proven undue manipulation of information about the elements that constitute the IGD, in order to achieve the minimum rates referred to in § 3 of art. 8 of law No. 10,836, 2004.
Sole paragraph. In addition to the suspension of the caput, there will be the establishment of special accounts and the adoption of measures for regularization of information and repair the damage, without prejudice to the other legal measures applicable to those responsible.
Art. 11-I. The benefits of the application of resources accounts for management actions and support decentralised implementation of the Family allowance program, dealing with the arts. 11-11-11, F and G, as well as the evidentiary documentation of resource use, should be archived by their federated entities for a period of five years from the judgment of the accounts by the Council provided for in art. 11-F.
Sole paragraph. The evidentiary documentation of expenditure incurred in supporting the management of the Family allowance program in the federated entities should identify financial resources originating from him.
Art. 11-J. The balance of the funds transferred by the National Fund of Social Assistance Social Assistance funds of municipalities, States and the Federal District, as a result of transfers for financial support to the management of the Family allowance program, existing on 31 December of each year, can be reprogrammed in the following financial year, since that is not committed, pursuant to art. 73 of law No. 4,320, March 17, 1964.? (NR)
Art. 3 membership of the Family allowance program in accordance with the changes now introduced in Decree No. 5,209, 2004, replaces the specific terms of the drafting of the § 1 of art. 11 of the said Decree.
Art. 4 this Decree shall enter into force on the date of your publication.
Art. 5 Are repealed § 3 of art. 12 and paragraph 1 of art. 29 of Decree nº 5,209, September 17 2004: Brasília, October 19 2010; 189 and 122 of the Republic's independence.

LUIZ INACIO LULA DA SILVA Márcia Helena Chahar attachment (s)

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