Decree No. 4,729, 9 June 2003

Original Language Title: Decreto nº 4.729, de 9 de Junho de 2003

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DECREE NO 4,729, DE June 9, 2003.

Changes devices from the Social Security Regulation, approved by Decree no 3,048, of May 6, 1999, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution,

DECRETA:

Art. 1º The Social Security Regulation, approved by Decree No. 3,048 of May 6, 1999, passes vigorously with the following changes:

" Art. 9th .................................................

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V-.................................................

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h) the managing partner and the supporting partner who receive remuneration arising from their work and the non-employed administrator in the society for limited liability, urban or rural liability ;

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(o) the insured collected from prison under closed or semi-open regime, which, in this condition, would provide service, within or outside the criminal unit, to one or more undertakings, with or without intermediation of the carcerary organization or an afim entity, or that exerts artisanal activity on its own ;

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§ 8th .................................................

I-the member of the family group having another source of income, whatever their nature, re-salvaged the provisions of § 10, the pension for death left by special insured and the aid-accident, reclusion and pension by death, the value of which is lower than or equal to the lesser benefit of continued delivery ;

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§ 11. The magistrate of Electoral Justice, appointed in the form of the inciso II of the art. 119 or III of § 1º of the art. 120 of the Federal Constitution, it maintains the same framework in the General Social Welfare Regime from before the investiture in office.

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§ 15. .................................

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X-the resident physician of which treats Law No. 6,932 of July 7, 1981.

................................................. " (NR)

" Art. 13. .................................................

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§ 5º The loss of the quality of insured will not be considered for the granting of pensions for contribution time and special.

§ 6º Applies the provisions of § 5º to retirement per age, provided that the insured person counts with, at the very least, the number of monthly contributions required for deficiency effect on the date of the application for the benefit. " (NR)

" Art. 26. .................................................

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§ 4º For the purpose of deficiency, the collection of the contributions of the insured employee, the avulso worker and, in respect of the individual taxpayer, from the competence April 2003, the contributions shall be deemed to be presumed. of him discounted by the company in the form of art. 216.

................................................. " (NR)

" Art. 28. .................................................

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II-for the insured domestic employee, individual taxpayer, observed the provisions of § 4º of the art. 26, special, this as an individual contributor in the form of the provisions of § 2º of the art. 200, and optional, of the date of the effective collection of the first contribution without delay, not being considered for that purpose the contributions collected with delay relating to previous competencies, observed, as to the optional insured, the willing in § § 3º and 4º of the art. 11.

................................................. " (NR)

" Art. 32. .................................................

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§ 18. The salary-of-benefit, for the purposes of calculating the theoretical benefit of the benefits per totalization, under the international agreements, of the insured with contribution to the Brazilian social welfare, will be ascertained:

I-when there is contributed, in Brazil, in number equal to or greater than sixty per cent of the number of months elapse since the jurisdiction July 1994, upon the application of the provisions of the art. 188-A and their § § 1º and 2º;

II-when there is contributed, in Brazil, in number lower than the indicated in inciso I, based on the value of the simple arithmetic average of all contribution salaries corresponding to the entire contributory period counted since July of 1994, multiplied by the previdual factor, observed § 2º of the art. 188-A, § 19 and, when it is the case, § 14, both of this article ; and

III-no contribution, in Brazil, from the jurisdiction July 1994, based on the simple arithmetic average of the entire contributory period, multiplied by the previdual factor, observed the provisions of § 2º of the art. 188-A and, when it is the case, in § 14 of this article.

§ 19. For the hypothesis that it treats § 18, the contribution time to be considered in the application of the prediction factor formula is the sum of the contribution time for Brazilian social welfare and the contribution time for foresight social of the waking country. " (NR)

" Art. 40. .................................................

§ 1º The values of the benefits in maintenance will be readjusted, according to their respective start dates, based on percent defined in Executive Power decree for that purpose, from the date of grant of the benefit or their last readjustment.

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§ 4º For the majorized benefits due to the raising of the minimum wage, the said increase should be discounted when the application of the readjustment of which treats § 1º. " (NR)

" Art. 59. .................................................

§ 1º It is for the individual taxpayer to substantiate the interruption or closure of the activity by which it had been contributing, under penalty of being considered in debit in the period without contribution.

§ 2º The proof of the interruption or closure of the activity of the individual taxpayer will be made, in the case of the insured persons framed in the letters "j" and "l" of the inciso V of the art. 9º, upon declaration, albeit extemporaneous, and, for the rest, on the basis of social distract, contractual change or equivalent document issued by commercial joint, federal, state, district or municipal office or other bodies officers, or other form admitted by the INSS. " (NR)

" Art. 62. .................................................

§ 1º The annotations in Professional Wallet and / or Labor and Social Welfare relating to vacation, salary changes, and others who demonstrate the sequence of the activity exercise can supply possible registration failure of admission or waiver.

§ 2º Server for the evidence provided for in this article the following documents:

I-the individual employment contract, the Professional Portfolio and / or the Labor and Social Security Portfolio, the vacation portfolio, the health portfolio, the registration booklet and the booklet of contributions from the extinct institutes of retirement and pensions, the personal inscription booklet targeted by the Capitania of the Ports, by the Superintendence of Fisheries Development, by the National Department of Works Against the Secas and statements of the Federal Revenue ;

II-certificate of enrolment in professional surveillance body, accompanied by the document proving the exercise of the activity ;

III-social contract and respective distract, when it is the case, minutes of general assembly and individual firm registration ;

IV-lease, partnership or rural comodate ;

V-certificate of union or labor-manager body that wraps up avulsos ;

VI-attestation of enrollment of the National Institute of Colonization and Agrarian Reform, in the case of producers in a family economy regime ;

VII-block of notes from the rural producer ; or

VIII-declaration of union of rural workers or fishermen's colony, provided that homologated by the National Social Insurance Institute.

§ 3º In the absence of a contemporary document may be accepted declaration by the employer or its preposition, attestation of still existing company, certificate or certificate of official entity of which they build the data provided in the caput of this article, provided that extracted from records effectively existing and accessible to the supervision of the National Social Insurance Institute.

§ 4º If the document submitted by the insured does not meet the one established in this article, the proof required may be supplemented by other documents leading to the conviction of the fact to be proven, including by justification administrative, in the form of Chapter VI of this Title.

§ 5º The evidence conducted upon administrative or judicial justification only produces effect before social security when based on material proof commencement.

§ 6º The material proof will only have validity for the person referred to in the document, not being permitted their use by other persons. " (NR)

" Art. 64. The special retirement, once fulfilled the required deficiency, will be due to the insured employee, avultation worker and individual taxpayer, this only when cooperated with working or production co-op, who has worked for fifteen, twenty or twenty-five years, as the case is, subject to special conditions that would prejudice the health or physical integrity.

................................................. " (NR)

" Art. 68. .................................................

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§ 6º The Company should draw up and maintain up-to-date previdual occupational profile, covering the activities developed by the employee and providing to this, when the termination of the contract of employment or the shutdown of the cooperated, authentic copy of this document, under penalty of the fine provided for in art. 283.

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§ 9º The working cooperative will meet the provisions of § § 2º and 6º on the basis of the technical lauds of environmental working conditions issued by the contracting company, by its intermediary, of cooperates for the provision of services that subject them to environmental conditions of work that would prejudice the health or physical integrity, when the service is provided in the establishment of the contractor.

§ 10. The provisions of § 9º shall apply to the contractor to provide services upon assignment or employed by manpower. " (NR)

" Art. 69. .................................................

Single Paragraph. The provisions of the art apply. 48 to the insured person who returns to the exercise of activity or operations that subject him to the harmful agents listed in Annex IV, or to remain in it, in the same or other undertaking, whatever the form of the service, or category of insured, as of the date of return to activity. " (NR)

" Art. 73. .................................................

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§ 4º ORunning the assumption of § 1º, the value of the sickness benefit may be lower than the minimum wage since summed up to the other remuneration received resulting in higher value than this. " (NR)

" Art. 75. .................................................

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§ 5º In the assumption of § 4º, if the return to the activity occurred before fifteen days of the removal, the insured will do jus for the sickness benefit from the day after that which completes that period. " (NR)

" Art. 93-A. Salarium-maternity is due to the Social Security insured who adopt or obtain judicial custody for child adoption purposes:

I-up to a full year, per cent and twenty days ;

II-from a year up to four full years, for sixty days ; or

III-starting from four years until it completes eight years, for thirty days.

§ 1º The salarium-maternity is due to the insured person regardless of whether the biological mother received the same benefit when the child's birth.

§ 2º The salarium-maternity is not due when the term of custody does not contain the observation that it is for adoption purposes or only contains the name of the spouse or companion.

§ 3º For the provision of the maternity pay-maternity is indispensable that it is in the new birth certificate of the child, or the term of custody, the name of the insured person or guardian, as well as, of the latter, to treat himself for the purpose of adoption

§ 4º When there is adoption or judicial guardian for adoption of more than one child, it is due to a single child-maternity relative to the child of minor age, observed the willing at art. 98.

§ 5º The monthly income of the salarium-maternity is calculated in the manner of the willing in the arts. 94, 100 or 101, in accordance with the form of contribution from the insured to Social Security. " (NR)

" Art. 104. The accident benefit will be granted, such as compensation, to the insured person, except the domestic, to the avulent worker and the special insured when, after the consolidation of injuries arising from accident of any nature, it results in sequessen definitive, as per the situations discriminated against in Annex III, which involves:

I-reduction of capacity for the work that they habitually exercise ;

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§ 8º For the purposes of the provisions in the caput shall be deemed to be the activity exercised on the date of the accident. " (NR)

" Art. 106. .................................................

Single Paragraph. The value of the pension per death due to those dependent on the insurer inmates who, in that condition, exercised paid activity will be obtained by conducting calculation on the basis of the corresponding new contribution time and corresponding contribution salaries, in them included the collected contributions while reclusive, provided the option by the pension with value corresponding to that of the reclusion, in the form of the article 3º of the art. 39. " (NR)

" Art. 116. .................................................

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§ 4º The starting date of the benefit shall be fixed on the date of the effective collected from the insured to the prison, if required until thirty days thereafter, or on the date of the application, if later, observed, in what couber, the provisions of the inciso I of the art. 105.

§ 5º The reclusion stamp is due, only, during the period when the insured person is collected from prison under closed or semi-open regime.

§ 6º The exercise of paid activity by the insurer insurer in death sentence in closed or semi-open regime that contributes in the condition of insured person that it treats the article "o" of the inciso V of the art. 9º or the inciso IX of § 1º of the art. 11 does not entail loss of the right to receipt of the benefits-section by its dependents. " (NR)

" Art. 125. .................................................

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§ 1º For the purposes of this article, it is vetoed the conversion of service time exercised in activity subject to special conditions, in the terms of the arts. 66 and 70, in common contribution time as well as the counting of any fictitious service time.

§ 2º Admit the application of the reciprocal count of contribution time under international social welfare agreements only when provided for in them.

§ 3º The issuance of contribution time certificate for later contribution periods at the date of retirement in the General Social Security Regime is permitted. " (NR)

" Art. 129. The insured person in enjoyment of an accident, an additional stamp or staying allowance in service shall have the benefit closed on the date of issue of the contribution-time certificate. " (NR)

" Art. 137. .................................................

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III-articulation with the community, including upon the conclusion of convenium for restricted physical rehabilitation to insured persons who have fulfilled the eligibility assumptions to the professional rehabilitation program, with views to the re-entry into the labour market ; and

................................................. " (NR)

" Art. 160. .................................................

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II-the unable to the acts of civilian life, salvaged the willing on art. 666 of the Civil Code.

................................................. " (NR)

" Art. 162. .................................................

§ 1º It is mandatory for the submission of the curator term, albeit provisional, for the provision of retirement by disability arising from mental illness.

§ 2º Verified, administratively, the recovery of capacity for the work of the curatelated that it treats § 1º, retirement will be closed. " (NR)

" Art. 166. Benefits may be paid upon deposit into bank current account on behalf of the beneficiary.

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§ 3º In the hypothesis of the lack of motion relative to looting in current account whose deposits are derived exclusively from payment of benefits, by longer term than sixty days, the values of the remaining benefits will be stornated and credited to the National Treasury Single Account, with the identification of their origin. " (NR)

" Art. 167. .................................................

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§ 4º The insurer recluster, still contributing in the form of § 6º of the art. 116, does not do jus to the benefits of sickness and retirement benefits during the perception, by the dependents, of the aid-seclusion, allowed the option, provided that it manifested, also, by the dependents, for the most advantageous benefit. " (NR)

" Art. 168. Save in retirement cases by disability or special, observed as to this the provisions in the single paragraph of art. 69, the return of the retiree to the activity does not impair the receipt of his retirement, which will be maintained at its full value. " (NR)

" Art. 179. .................................................

§ 1º Havendo indication of irregularity in the concession or in the maintenance of benefit, social security shall notify the beneficiary to present defence, evidence or documents of which he / she disposes, within ten days.

§ 2º The notification referred to in § 1º shall be made by post with notice of receipt and, failing to appear the beneficiary nor by presenting defence, shall be suspended for the benefit, with notification to the beneficiary.

§ 3º Elapsed the time limit granted by the postal notification, without there being an answer, or if it is considered by the social welfare as insufficient or unfounded the defence submitted, the benefit will be cancelled, giving itself knowledge of the decision to the beneficiary. " (NR)

" Art. 180. Re-salvaged the provisions of § § 5º and 6º of the art. 13, the loss of the quality of insured matter matters in the expiry of the rights inherent in that quality.

................................................. " NR)

" Art. 181-B. .................................................

Single Paragraph. The insured may give up your retirement application provided that you express that intention and require the definitive filing of the application prior to receipt of the first payment of the benefit, or to withdraw the respective Time Guarantee Fund Service or Program of Social Integration, or up to thirty days of the date of the benefit processing, prevailing whatever occurs first. " (NR)

" Art. 181-C. In the event that the inventor does not take the initiative of paying the contributions due by the deceased insured person the National Social Insurance Institute should apply for, in the inventory or burden of goods by it left, payment of the debt.

Single Paragraph. In the hypothesis of having been made the sharing of inheritance without the liquidation of the contributions due by the deceased insured, they answer the heirs, each in proportion of the part that in the inheritance coubes to it, applying, in relation to the heirs dependent, the willing on art. 154, inciso I, combined with § 3º of the same article. " (NR)

" Art. 188. The insured insured under the General Social Welfare Regime until December 16, 1998, met the required deficiency, will be entitled to retirement, with values proportional to the contribution time, when, cumulatively:

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II-.................................................

a) thirty years, if man, and twenty-five years, if woman ; and

(b) an additional period of contribution equivalent to, at the very least, forty percent of the time which, on December 16, 1998, was lacking to reach the time limit of paragraph "a".

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§ 2º The value of the monthly income from the proportional retirement will be equivalent to seventy-one percent of the retirement value to which they refer to the "a" and "b" points of the art's inciso IV. 39, plus five per cent per year of contribution that overcomes the sum to which the inciso II refers to the one hundred per cent limit.

§ 3º The insured person who, until December 16, 1998, has met the requirements to obtain the proportional retirement will only make jus to the addition of five per cent referred to in § 2º if it meets the requirement laid down in the inciso I, observed the willing on art. 187 or the option for retiring in the form of the arts. 56 a 63.

§ 4º The teacher who, until December 16, 1988, has exercised magisation activity, at any level, and who chooses to retire in the manner of the provisions of the letters "a" and "b" of the inciso IV of the art. 39, will have the service time exercised up to that date counted with the addition of seventeen percent, if man, and of twenty percent, if woman, as long as retiring, exclusively, with time of effective exercise of magisterion activity, without loss of the right to retirement in the form of § 1º of the art. 56. " (NR)

" Art. 188-E. The calculation of pensions awarded upon use of the criterion set out in § § 5º and 6º of the art. 13 will obey the provisions of the art. 188-A and, when there are no salaries-of-contribution as of July 1994, they will be granted at the minimum wage-of-benefit. " (NR)

" Art. 201. .................................................

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§ 2º Integrate the remuneration for the purposes of the provisions of the incisos II and III of the caput, the scholarship paid or credited to the medical practitioner-resident of the medical residency program of which he treats art. 4º of Law No. 6,932 of July 7, 1981, in the essay given by Law No. 10,405 of January 9, 2002.

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§ 5º .................................................

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II-the total values paid or credited to the associates, even if the legal person's earnings anticipation title, when there is no discrimination between the remuneration arising from work and that arising from the social capital or treat as a result advance not yet ascertained by means of demonstration of outcome of the exercise.

................................................. " (NR)

" Art. 202. .................................................

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§ 10. Additional contribution of twelve, nine or six percentage points shall be due to the production cooperative, incident on the remuneration paid, due or credited to the cooperating company, in the activity-exercise hypothesis that authorizes the special retirement provision after fifteen, twenty or twenty-five years of contribution, respectively.

§ 11. Additional contribution of nine, seven or five percentage points will be due to the office of the co-operative services company filtered the co-operative working, incident on the gross value of the tax bill or the invoice for the provision of services, as per the activity exercised by the cooperator allows for the special retirement grant after fifteen, twenty or twenty-five years of contribution, respectively.

§ 12. For the purposes of § 11, a tax bill or invoice for the provision of specific services shall be issued for the activity exercised by the cooperator allowing for the special retirement provision. " (NR)

" Art. 204. The company's contributions from the billing and profit, intended for social follow-on, are collected, normatized, scrutinized and charged by the Office of the Federal Revenue Office. " (NR)

" Art. 216. .................................................

I-.................................................

a) to raise the contribution of the insured employee, the avultation worker and the individual taxpayer to his service, discounting it from the respective remuneration ;

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c) collect the contributions that it treats the art. 204, in the form and deadlines defined by the federal tax legislation ;

II-individual taxpayer insurers, when exercising economic activity on their own or providing service to physical person or other individual taxpayer, rural producer physical person, diplomatic mission or apportionment foreign career consular, or when dealing with a civil Brazilian who works abroad for international official body of which Brazil is an effective member, or still, in the hypothesis of § 28, and the optional are required to collect their contribution, on their own initiative, until the day fifteen of the month following that to which the contributions refer, extending the maturity for the subsequent business day when there is no bank expedition on the day fifteen, provided the option provided for in § 15 ;

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XI-the union entity which remunerates leader who maintains the quality of individual taxpayer insured is obliged to collect the intended contribution in the inciso II of the art caput. 201 in the form of this article, observed the provisions of § 26 ;

XII-the company that remunerates individual taxpayer is obliged to provide this voucher for the payment of the service provided by consignment, in addition to the values of the remuneration and the discount made, the number of the insured person's enrolment in the National Social Insurance Institute ;

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§ 1º The discount on the contribution of the insured incident on the gross value of Christmas gratification-thirteenth salary-is due when the payment or credit of the last installment and is to be calculated separately, observed § 7º of the art. 214, and collected, together with the contribution to the company's office, up to the day twenty of the month of December, anticipating the maturity for the immediately preceding business day if there is no bank expedient on the day twenty.

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§ 20. In the hypothesis that the individual taxpayer render service to another individual taxpayer equated with the company or rural producer physical person or the diplomatic mission and foreign career consular allocation, he / she can deduct, from their contribution monthly, forty-five per cent of the employer's employer's contribution, effectively collected or declared, incident on the remuneration that this paid to him or credited, in the respective month, limited to nine per cent of the respective salary-of-contribution.

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§ 23. The individual taxpayer who does not substantiate the regularity of the deduction that they treat § § 20 and 21 will have gloss over the unduly deducted value, and should supplement the contributions with the due legal additions.

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§ 26. The aliquot of contribution to be discounted by the remuneration company paid, due or credited to the individual taxpayer at its service, observed the maximum limit on the salary-of-contribution, is eleven per cent in the case of companies in general and of twenty per cent when it comes to social welfare benefit exemption from employers' social contributions.

§ 27. The individual taxpayer hired by legal person obliged to make the collection and the collection of the contribution by him due, whose remuneration received or credited in the month, for services rendered to it, is lower than the minimum limit of the salary-of-contribution, you are obliged to supplement your monthly contribution, directly by applying the aliquot established in art. 199 on the value resulting from the subtraction of the value of remuneration received from the legal persons of the minimum wage-of-monthly contribution value.

§ 28. It is up to the individual taxpayer himself to provide services, in the same month, to more than one company, whose sum of the remuneration surpasses the monthly limit on the salary-of-contribution, to prove to those who will succeed at first the value or values on which has already focused on the contribution discount, so as to observe the maximum limit on the salary-of-contribution.

§ 29. In the hypothesis of § 28, the National Social Insurance Institute will be able to provide the individual taxpayer who regularly provides services to one or more companies, whose sum of the remuneration is equal to or higher than the monthly limit of the salary-of-contribution, indicate which or which companies and on which value should make the contribution discount, so as to respect the ceiling, and dispense with the other ones of that providence, as well as ascribe to the individual taxpayer itself the responsibility to supplement the respective contribution up to the maximum limit, in the hypothesis of, for whatever reason, no remuneration or receiving lower remuneration than those indicated for the discount.

§ 30. The provisions of this article apply, in what couber and observed § 31, to the co-operative of work in relation to the contribution due by its cooperation.

§ 31. The working cooperative is obliged to discount eleven per cent of the share of the share distributed to the cooperated by services by it provided, by its intermediary, to companies and twenty per cent in relation to the services provided to physical persons and to collect the proceeds of that collection on the day fifteen of the month following that of the jurisdiction to be referred to, extending the maturity for the subsequent business day when there is no bank expedition on day fifteen.

§ 32. They are excluded from the obligation to raise the contribution of the individual taxpayer who provides him with the rural producer physical person, the diplomatic mission, the consular allocation and the individual taxpayer. " (NR)

" Art. 216-A. The organs of the direct, indirect public administration and public foundations of the Union, as well as the other integral entities of the Integrated Financial Administration System of the Federal Government by hiring physical person for service delivery possible, with no employment link, including as an integral of group-task, should obtain from it the respective enrolment in the National Social Insurance Institute, as an individual taxpayer, or provide it on behalf of it, if not entered, and to discount and collect the respective contribution in the form of the art. 216.

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§ 2º The contractor who is already contributing to the General Social Welfare Regime in the condition of an employee or an avulent worker on the maximum limit of the salary-of-contribution should substantiate that fact and, if yours contribution in that condition is lower than the maximum limit, the contribution as an individual contributor should be complementary, while respecting that limit, by proceeding, in the case, in accordance with the provisions of § 28 of the art. 216.

................................................. " (NR)

" Art. 219. The contracting company of services executed upon assignment or employed by labor, including in temporary employment scheme, is expected to retain eleven per cent of the gross value of the tax bill, invoice or receipt of service and collect the importance withheld on behalf of the contractor company, observed the provisions of § 5º of the art. 216.

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§ 2nd .................................................

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XIX-operation of passenger transport, including in the cases of concession or sub-lender ;

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§ 9º In the impossibility of full compensation in the competence itself, the remaining balance may be compensated in subsequent competencies, including in the Christmas gratification, or be the object of restitution, not subject to the provisions of § 3º of the art. 247.

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§ 12. The percentage forecast in the caput will be increased by four, three or two percentage points, with respect to the services provided by the insured persons, whose activity allows for special retirement provision, after fifteen, twenty or twenty-five years of contribution, respectively. " (NR)

" Art. 225. .................................................

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§ 5º The Company shall maintain at the disposal of the supervision, for ten years, the common documents of the fulfilment of the obligations referred to in this article, observed the provisions of § 22 and the standards laid down by the organs competent.

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§ 22. The company using electronic data processing system for business registration and economic activities, book registration or production of documents of a accounting, fiscal, labor and previdual nature is required to archive and to retain, properly certified, their respective systems and archives, in digital medium or assemelated for ten years, at the disposal of the supervision.

§ 23. The working cooperative and legal person are required to enroll in the National Social Insurance Institute of their cooperates and contractors, respectively, as individual taxpayers, if not yet enrolled. " (NR)

" Art. 227. The financial institutions mentioned in the inciso V of the art caput. 257 they are required to verify, via the internet, the authenticity of the Negative Debit-CND Certifier submitted by the companies with which they have been effecting credit operations with resources referred to there, as per technical specification to be defined by the National Institute of Social Insurance. " (NR)

" Art. 244. .................................................

§ 1º Cannot be the object of parceling the discounted contributions of the insured persons, including the domestic, avultation worker and individual taxpayer, those arising from the sub-rogation of which they treat the incisors I and II of the § 7º of the art. 200 and the imported sums in the form of the art. 219.

................................................. " (NR)

" Art. 257. .................................................

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§ 7º The non-debit comprobatory document of the National Social Insurance Institute is the Negative Certificate of Debit, whose expiry date is ninety days, counted from the date of its issuance.

................................................. " (NR)

" Art. 284. .................................................

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II-hundred percent of the value due relative to the undeclared contribution, limited to the values provided for in the inciso I, by the presentation of the Service Time Guarantee Fund's Recolation Guide and Social Security Information with data not corresponding to the generator facts, whether in relation to the bases of calculation, whether in relation to the information changing the value of the contributions, or of the value that would be due if there was no exemption or substitution, when it comes to infraction committed by legal person of private law benefit of social assistance in enjoyment of exemption from pension contributions or by company whose contributions incidents on the respective generative facts have been substituted for others ; and

................................................. " (NR)

" Art. 303. .................................................

§ 1st .................................................

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IV-Plene Council, with the competence to standardize the previdual jurisprudence through enunciation, and may have other defined in the Rules of Procedure of the Social Welfare Resources Board.

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§ 5th .................................................

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II-the classical representatives, who are expected to have higher level schooling except for representatives of the rural workers, who are expected to have an average level, are chosen from among the nominees, in a triplice list, by the entities of class or union of the respective jurisdictions, and will maintain the condition of insured person from the General Social Welfare Regime ; and

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§ 7º The servers of the National Social Insurance Institute, upon act by the Minister of State for Social Security, may be ceded to have exercise in the Social Security Resource Council, without prejudice to rights and of the advantages of the respective office of origin, including those provided for in art. 61 of Law No 8,112 of December 11, 1990. " (NR)

" Art. 305. .................................................

§ 1º It is thirty days the deadline for resource interposition and for the offer of counter-reasons, counted from the science of the decision and the appeal's interposition, respectively.

................................................. " (NR)

" Art. 308. .................................................

Single Paragraph. When dealing with resources in tax processes, what you have the art applies for. 151 of the National Tax Code. " (NR)

" Art. 309. .................................................

§ 1st The controversy in law enforcement or normative act will be reported in abstract and forwarded with substantiated manifestations of the interested organs, and may be instructed with copies of the documents that demonstrate their occurrence.

§ 2º The Federal Prosecutor's Office of the Federal Specialization / INSS is expected to speak in all the cases provided for in this article. " (NR)

" Art. 338. .................................................

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§ 3º The medical experts on social welfare should, whenever they note the disfulfillment of the provisions of this article, formally communicate to the other bodies interested in the providence and, when it is the case, to the sector of surveillance, for the application and collection of the fine due. (NR)

" Art. 347. .................................................

§ 1º Prescreve in five years, from the date on which they should have been paid, any and any action to have accrued benefits or any refunds or differences due by social welfare, save for the right of minors, unable and absent, in the form of the Civil Code.

§ 2º It is not considered an application for a definitive undue decision revision, but new application for benefit, whatever comes accompanied by other documents in addition to those already in the process

§ 3º There will be no eventual sequence application for definitive decision review of benefit confirmed by the last instance of the Social Security Resources Board, applying, in the case of presentation of others documents, in addition to those already existing in the proceedings, the provisions of § 2º. " (NR)

Art. 2nd This Decree goes into effect on the date of its publication.

Art. 3º Repeal the § § 1º and 2º of the art. 96, the § 2º of the art. 166, the § 1º of the art. 188, the arts. 188-C and 188-D, the § § 1º to 3º of the art. 204, the § 22 of the art. 216, the § 3º of the art. 216-A and the arts. 278-A and 378 of Decree No 3,048 of May 6, 1999.

Brasilia, June 9, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Ricardo José Ribeiro Berzoini