Law No. 13,204, Of December 14, 2015

Original Language Title: Lei nº 13.204, de 14 de dezembro de 2015

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LEI No. 13,204, DE December 14, 2015

Alters Law No. 13,019 of July 31, 2014, " which establishes the legal regime of voluntary partnerships, involving or not transfers of financial resources, between public administration and civil society organizations, in mutual cooperation arrangements, to achieve finalities of public interest ; defines guidelines for the policy of fostering and collaboration with civil society organizations ; establishes the term of collaboration and the term of promotion ; and amends the Leis 8,429, of June 2, 1992, and 9,790, of March 23, 1999 " ; changes the Leis 8,429, June 2, 1992, 9,790, 9,790 of March 1999, 9,249, December 26, 1995, 9,532, December 10, 1997, 12,101, November 27, 2009, and 8,666, of June 21, 1993 ; and repeal the Act no 91, of August 28, 1935.

THE CHAIRWOMAN OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º The amendment of Law No. 13,019 of July 31, 2014, passes vigorously with the following essay:

" Establishes the legal regime of partnerships between the public administration and the organizations of the civil society, under mutual cooperation arrangements, for the achievement of purposes of public and reciprocal interest, upon the execution of activities or projects previously set out in work plans entered in terms of collaboration, in promotion terms or cooperation agreements ; defines guidelines for the policy of fostering, collaboration and cooperation with civil society organizations ; and amending the Laws 8,429, of June 2, 1992, and 9,790, of March 23, 1999. "

Art. 2º Law No. 13,019 of July 31, 2014 passes vigorously with the following changes:

" Art. 1º This Law establishes general standards for partnerships between public administration and civil society organizations, in mutual cooperation arrangements, for the achievement of purposes of public and reciprocal interest, upon the execution of activities or from projects previously set out in work plans entered in terms of collaboration, in terms of fostering or in cooperation agreements. " (NR)

" Art. 2º ...............................................................................................................

I-organization of civil society:

a) private non-profit entity that does not distribute among its associates or associates, advisors, directors, employees, donors or third parties possible results, leftovers, operating surpluses, gross or liquid, dividends, exemptions of any nature, holdings or plots of their estate, earned upon the exercise of their activities, and to apply them in full in achieving the respective social object, either immediately or through the constitution of a reserve fund or reserve fund ;

(b) the cooperative societies provided for in Law No. 9,867 of November 10, 1999 ; integrated by persons in risk situation or personal or social vulnerability ; those achieved by programs and actions to combat poverty and generation of work and income ; those aimed at fostering, educating and empowering rural workers or empowerment of technical assistance agents and rural extension ; and those empowered for performing activities or projects of public interest and social draft.

c) religious organizations that sway to activities or projects of public interest and of social distinction distinct from those intended for exclusively religious purposes ;

II-public administration: Union, States, Federal District, municipalities and respective local authorities, foundations, public enterprises and mixed-economy corporations of public service providers, and their subsidiaries, achieved by the provisions of § 9º of the art. 37 of the Federal Constitution ;

III-partnership: set of rights, responsibilities and obligations arising from relationship legal established formally between public administration and civil society organizations, in mutual cooperation arrangements, for the achievement of purposes of public and reciprocal interest, upon implementation of activity or project expressed in terms of collaboration, in terms of fomenting or in cooperation agreements ;

III-A-activity: set of operations that perform in continuous or permanent manner, of the which results a product or service necessary to the satisfaction of interests shared by the public administration and the organization of civil society ;

III-B-project: set of operations, limited in time, of which results a product aimed at the satisfaction of interests shared by public administration and the organization of civil

IV-leader: person who has powers of administration, management or control of the organization of civil society, empowered to sign term of collaboration, term of foster or cooperation agreement with the public administration for the achievement of purposes of public and reciprocal interest, even if it delights such jurisdiction to third parties ;

V-public administrator: public agent redressed in competency to sign term of collaboration, term of foster or cooperation agreement with civil society organization for the achievement of purposes of public and reciprocal interest, even if it delights that competence to third parties ;

VI-manager: public agent responsible for the partnership management concluded by means of a term of collaboration or term of promotion, designated by act published in an official medium of communication, with powers of control and supervision ;

VII-term of collaboration: instrument by means of which partnerships are formalized established by the public administration with civil society organizations for the achievement of public and reciprocal purposes of public administration proposals involving the transfer of financial resources ;

VIII-term of foment: instrument by means of which partnerships are formalized established by the public administration with civil society organizations to achieve finalities of public and reciprocal interest proposed by civil society organizations, involving the transfer of financial resources ;

VIII-A-cooperation agreement: instrument by means of which partnerships are formalized established by the public administration with civil society organizations to achieve finalities of public and reciprocal interest that do not involve the transfer of financial resources ;

............................................................................................................................

X-selection commission: collegiate body intended to prosecute and judge public chamements, constituted by act published in an official means of communication, ensured the participation of at least one occupant server of effective post or permanent employment of the public administration's personnel framework ;

XI-monitoring and evaluation commission: collegiate body intended to monitor and evaluate the partnerships concluded with civil society organizations upon term of collaboration or term of promotion, constituted by act published in an official means of communication, ensured the participation of at least one occupant server of effective post or permanent employment of the public administration personnel framework ;

...........................................................................................................................

XIII-remaining goods: those of permanent nature acquired with financial resources involved in the partnership, necessary to the achievement of the object, but that it does not incorporate ;

XIV-accountability: procedure in which it analyses and evaluates the implementation of the partnership, by which you can verify the fulfilment of the object of the partnership and the scope of the targets and predicted results, comprising two phases:

............................................................................................................................

XV-(revoked). " (NR)

" Art. 2º-A. The partnerships disciplined in this Act will, in all its aspects, respect the specific norms of the sectoral public policies concerning the object of partnership and the respective instances of pacing and deliberation. "

" Art. 3º .................................................................................................................

I-the transfers of resources homologated by the National Congress or authorized by the Federal Senate in which the specific provisions of international treaties, agreements and conventions conflate with this Act ;

II-(revoked) ;

III-to management contracts concluded with social organizations, provided that they have met the requirements provided for in Law No. 9,637 of May 15, 1998 ;

IV-to the arrangements and contracts concluded with philanthropic and not-for-profit entities in the terms of § 1º of the art. 199 of the Federal Constitution ;

V-to the terms of cultural commitment referred to in § 1º of the art. 9º of Law No. 13,018 of July 22, 2014 ;

VI-to the terms of partnership concluded with civil society organizations of interest public, provided that the requirements provided for in Law No. 9,790 of March 23, 1999 ;

VII-to the transfers referred to in art. 2º of Law No. 10,845 of March 5, 2004, and in the arts. 5º and 22 of Law No. 11,947 of June 16, 2009 ;

VIII-(VETADO) ;

IX-to payments made in the title of annuities, contributions or associative fees in favour of international bodies or entities which are compulsorily constituted by: a) members of Power or the Public Ministry ;

b) directors of organ or entity of public administration ;

c) legal persons of domestic public law ;

d) legal persons of public administration ;

X-to partnerships between public administration and autonomous social services. " (NR)

" Art. 5º The legal regime dealing with this Act is based on democratic public management, social participation, strengthening of civil society, transparency in the implementation of public resources, the principles of legality, legitimacy, of impersonality, morality, advertising, economicity, efficiency and efficacy, which is intended to ensure:

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

" Art. 6º Are fundamental guidelines of the legal partnership regime:

..............................................................................................................................

VIII-the adoption of necessary and sufficient administrative management practices to coibir the obtaining, individual or collective, of undue benefits or advantages ;

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

" Art. 7º The Union shall be able to institute, in coordination with States, the Federal District, Municipalities and civil society organizations, empowerment programmes aimed at:

I-public administrators, leaders and managers ;

II-representatives of civil society organizations ;

III-members of public policy advice ;

IV-members of selection commissions ;

V-members of monitoring and evaluation commissions ;

VI-too many public and private actors involved in celebrating and executing partnerships disciplined in this Act.

Single Paragraph. Participation in the programmes envisaged in the caput will not constitute a condition for the exercise of function involved in the materialization of the discipl (NR)

" Art. 8º When deciding on the conclusion of partnerships provided for in this Act, the public administrator:

I-will necessarily consider the operational capacity of the public administration to celebrate the partnership, fulfil its obligations under and take on the respective responsibilities ;

II-will evaluate the proposals for partnership with the necessary technical rigor ;

III-designate managers empowered to monitor and scrutinize the execution in a timely manner and from effective mode ;

IV-will appreciate the benefits of accounts in the form and time limits determined in this Act and in the specific law.

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

" Art. 10. The public administration is expected to maintain, on its official website on the internet, the relationship of the celebrated partnerships and their respective work plans, up to one hundred and eighty days after the respective closure. " (NR)

" Art. 11. The organization of civil society should disclose on the internet and in visible places of its social offices and the establishments in which it exercises its actions all partnerships celebrated with the public administration.

Single Paragraph. .................................................................................................

...........................................................................................................................

IV-total value of the partnership and values released, when it is the case ;

..............................................................................................................................

VI-when linked to the execution of the object and paid with features of the partnership, the total value of the remuneration of the work team, the functions that their members perform and the remuneration provided for the respective exercise. " (NR)

" Art. 12. The public administration should disseminate online the means of representation on the irregular application of the resources involved in the partnership. " (NR)

" Art. 14. The public administration will disclose, in the form of regulation, in public media outlets for broadcasting of sounds and sounds and images, advertising campaigns and schedules developed by civil society organisations, within the framework of the partnerships provided for in this Act, upon employment of technological and language resources suitable for ensuring accessibility by persons with disabilities. " (NR)

" Art. 15. .................................................................................................................

.............................................................................................................................

§ 3º The sectoral boards of public policies and public administration will be consulted as for the policies and actions aimed at strengthening the promotion and collaboration relations proposed by the Council that it treats the caput of this article. " (NR)

" Art. 16. The term of collaboration should be adopted by the public administration for the achievement of work plans of its initiative, for the celebration of partnerships with civil society organizations involving the transfer of financial resources.

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

" Art. 17. The term of foster care must be adopted by the public administration for the achievement of work plans proposed by civil society organisations involving the transfer of financial resources. " (NR)

" Art. 21. .............................................................................................................

..........................................................................................................................

§ 3º It is vetoed to condition the holding of public calling or the celebration of partnership à prior realization of Social Interest Manifestation Procedure. " (NR)

" Art. 22. It should appear in the partnership work plan concluded by means of collaboration or fostering:

I-description of the reality that will be the subject of the partnership, and the nexus between that reality and the activities or projects and goals to be reached ;

II-description of targets to be reached and of activities or projects to be performed ;

II-A-prediction of revenue and expenditure to be carried out in the execution of activities or of the projects covered by the partnership ;

III-form of execution of the activities or projects and fulfilment of the targets to them pegged ;

IV-definition of the parameters to be used for the benchmarking of the targets.

V-(revoked) ;

VI-(revoked) ;

VII-(revoked) ;

VIII-(revoked) ;

IX-(revoked) ;

X-(revoked).

Single Paragraph. (Revoked). " (NR)

" Art. 23. The public administration should adopt clear, objective and simplified procedures that guide those concerned and facilitate direct access to their decision-making bodies and instances, regardless of the partnership modality provided for in this Act.

Single Paragraph. Whenever possible, the public administration will establish criteria to be followed, especially as to the following characteristics:

..........................................................................................................................

III-(revoked) ;

...........................................................................................................................

V-(revoked) ;

VI-indicators, quantitative or qualitative, of evaluation of results. " (NR)

" Art. 24. Except in the hypotheses provided for in this Act, the term celebration of collaboration or fomenting will be preceded by public calling aimed at selecting civil society organizations that make the execution of the object more effective.

§ 1º ..................................................................................................................

I-the budget programming that authorizes and viabilizes the celebration of the partnership ;

II-(revoked) ;

.................................................................................................................................

V-the dates and criteria for selection and trial of the proposals, including as far as the scoring methodology and the weight assigned to each of the established criteria, if the case is ;

..............................................................................................................................

VII-(revoked) ;

a) (repealed) ;

b) (repealed) ;

c) (repealed) ;

VIII-the conditions for the interposition of administrative appeal ;

IX-the minuta of the instrument by means of which the partnership will be celebrated ;

X-in accordance with the characteristics of the partnership object, accessibility measures for persons with disabilities or reduced mobility and seniors.

§ 2º It is vetoed to admit, predict, include or tolerate, in the acts of convocation, clauses or conditions that compromise, restrict or frustrate their competitive character as a result of any impertinent or irrelevant circumstance for the particular object of the partnership, admitted:

I-the selection of proposals presented exclusively by competitors based or with acting and recognized representation in the unit of the Federation where the object of the partnership will be performed ;

II-the establishment of clause that delimits the territory or the comprehension of the provision of activities or the execution of projects, as set out in the sectorial policies. " (NR)

" Art. 26. The edition should be widely circulated on page of the official website of public administration on the internet, at least thirty days in advance.

Single Paragraph. (Revoked). " (NR)

" Art. 27. The degree of suitability of the proposal to the specific objectives of the program or the action in which the object of the partnership falls and, when it is the case, to the constant reference value of the chamber constitutes a mandatory criterion of judgment.

§ 1º The proposals will be judged by a previously designated selection commission, on the terms of this Act, or consisting of the respective managing board, if the project is financed with specific funds resources.

§ 2º Will be prevented from participating in the person selection commission which, in the last five years, has maintained legal relation with at least one of the participating entities of the public chamber.

...........................................................................................................................

§ 4º The public administration will approve and disseminate the outcome of the trial on page of the site provided for in art. 26. § 5th It will be required to be justified the selection of tender that is not the most appropriate to the constant reference value of the public chamber.

§ 6º The approval does not generate right for the organization of civil society to the conclusion of partnership. " (NR)

" Art. 28. Only after closed the competitive step and ordered the proposals, the public administration will conduct verification of the documents proving the fulfillment by the organization of the selected civil society of the requirements provided for in the arts. 33 and 34.

§ 1º In the hypothesis that the organization of civil society if-taught does not meet the requirements required in the arts. 33 and 34, that immediately better ranked may be invited to accept the conclusion of partnership under the terms of the proposal submitted by it.

§ 2º Case the organization of civil society invited under § 1º accept to celebrate the partnership, verification of the documents proving the fulfillment of the requirements provided for in the arts will be carried out. 33 and 34.

§ 3º (Revogized). " (NR)

" Art. 29. The terms of collaboration or promotion involving resources arising from parliamentary amendments to annual budget laws and cooperation agreements shall be concluded without public calling, except in relation to cooperation agreements, when the object involves the celebration of commodation, donation of goods or other form of equity sharing, hypothesis in which the respective public call shall observe the provisions of this Act. " (NR)

" Art. 30. ...............................................................................................................

I-in the case of urgency stemming from shutdown or imminence of shutdown of activities of relevant public interest, by the deadline of up to one hundred and eighty days ;

II-in the cases of war, public calamity, serious disruption of public order or threat to social peace ;

.............................................................................................................................

V-(VETADO) ;

VI-in the case of activities aimed at or linked to education, health and assistance services social, provided that performed by civil society organizations previously accredited by the governing body of the respective policy. " (NR)

" Art. 31. Public calling in the hypothesis of invitation of competition between civil society organizations, on the grounds of the singular nature of the object of the partnership or if the targets can only be reached by an entity, will be deemed to be infeasible. specific, especially when:

I-the object of the partnership constituting incumbent in agreement, act or commitment international, in which the institutions that will use the resources are indicated ;

II-the transfer decoration partnership to organization of civil society that is authorized under law in which the beneficiary entity is expressly identified, including when it is the grant provided for in the inciso I of § 3º of the art. 12 of Law No. 4,320 of March 17, 1964, observed the provisions of art. 26 of Supplementary Law No. 101 of May 4, 2000. " (NR)

" Art. 32. In the hypotheses of the arts. 30 and 31 of this Act, the absence of public calling for public calling will be justified by the public administrator.

§ 1º Under penalty of nullity of the act of formalization of partnership provided for in this Act, the extract of the justification provided for in the caput should be published, on the same date as it is in effect, on the official website of the public administration on the internet and, eventually, at the discretion of the public administrator, also in the official means of advertising the public management.

§ 2º Admit the objection to the justification, submitted within five days of its publication, the content of which must be analysed by the public administrator responsible for up to five days of the date of the respective protocol.

.............................................................................................................................

§ 4º The dispensation and inchargeability of public calling, as well as the provisions of art. 29, do not depart from the application of the remaining devices of this Act. " (NR)

" Section IX

Of the Requirements for Celebration of Partnerships ''

Art. 33. In order to celebrate the partnerships provided for in this Act, civil society organizations should be governed by internal organization standards that expressly provide for:

.............................................................................................................................

II-(revoked) ;

III-which, in the event of dissolution of the entity, the respective net worth is transferred to another legal person of equal nature that fulfils the requirements of this Act and whose social object is preferably the same as the extinct entity ;

IV-registration in accordance with the fundamental principles of accounting and with the Standards Brazilian Accounting ;

a) (repealed) ;

b) (repealed) ;

V-owner:

a) at a minimum, one, two or three years of existence, with active enrollment, proven by means of documentation issued by the Office of the Federal Revenue Office of Brazil, based on the National Cadastro of the Legal Person-CNPJ, as per respectively the partnership is concluded within the framework of the Municipalities, the Federal District or States and the Union, admitted to reducing these deadlines by specific act of each ente in the hypothesis of no organization reached-read ;

b) prior experience in the realization, with effectiveness, of the object of partnership or nature similar ;

c) facilities, material conditions and technical and operational capacity for development of the activities or projects envisaged in the partnership and the fulfillment of the established goals.

§ 1º In the conclusion of cooperation agreements, only the required requirement will be required in the inciso I.

§ 2º Will be dispensed from the care of the willing in the incisos I and III the organizations religious.

§ 3º Cooperative Societies should meet the requirements laid down in the legislation specific and to the provisions in the inciso IV, being exempted from the fulfillment of the requirements provided for in the incisos I and III.

§ 4º (V E TA D O).

§ 5º For the purposes of service provided for in paragraph c of the inciso V, it will not be required to preview installed capacity demonstration.' (NR)

Art. 34. .................................................................................................................

I-(revoked) ;

..............................................................................................................................

III-certificate of legal existence exclaimed by the civil registration office or copy of the registered status and possible changes or, in the case of cooperative society, simplified certificate issued by the commercial junta ;

IV-(revoked) ;

.............................................................................................................................

VII-proving that the organization of civil society works at the address by it declared ;

VIII-(revoked).

...................................................................................................................' (NR)

' Art. 35. ................................................................................................................

.............................................................................................................................

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

............................................................................................................................

c) of the feasibility of its execution ;

d) of the verification of the disbursement schedule ;

..............................................................................................................................

f) (repealed) ;

..............................................................................................................................

i) (repealed) ;

VI-issuance of legal opinion from the advisory body or legal advice of the public administration about the possibility of celebrating the partnership.

§ 1º No financial counterpart will be required as a requirement for partnership celebration, provided the demand for counterpart in goods and services whose monetary expression will be required to be identified in the term of collaboration or promotion.

§ 2º Case the technical opinion or the legal opinion of which they treat, respectively, the incisos V and VI conclude by the possibility of celebration of the partnership with caves, should the public administrator sanar the salvaged aspects or, upon formal act, justify the preservation of these aspects or their exclusion.

..........................................................................................................................

§ 4º (Revogized).

.............................................................................................................................' (NR)

' Art. 35-A. The acting in a network, by two or more civil society organizations, is allowed to maintain the integral responsibility of the celebratory organization of the term of foment or collaboration, provided that the organization of civil society signatory of the term of promotion or collaboration posits:

I-more than five years of enrollment at the CNPJ ;

II-technical and operational capability to directly supervise and guide the acting of the organization that with it is acting networked.

Single Paragraph. The organization of civil society that signs the term of collaboration or promotion should celebrate term of networking for resting of resources to non-celebrants, and shall be obliged to, in the act of the respective formalisation:

I-check, under the terms of the regulation, the legal and fiscal regularity of the organization executant and non-celebrant of the term of collaboration or the term of promotion, and must substantiate such verification in the provision of accounts ;

II-communicate to the public administration in up to sixty days the signing of the term of acting in network.'

.............................................................................................................................

' Art. 37. (Revoked).'

' Art. 38. The term of promotion, the term of collaboration and the cooperation agreement will only produce legal effects after the publication of the respective extracts in the official public administration advertising medium.' (NR) "

" Art. 39. .............................................................................................................

..........................................................................................................................

III-have as a member of Power or the Public Prosecutor's Office, or body leader or public administration entity of the same governmental sphere in which the term of collaboration or promotion will be concluded, extending the fence to the respective spouses or companions, as well as relatives in straight, collateral or affinity, up to the second grade ;

IV-has had the accounts rejected by the public administration in the last five years, except if:

a) is sanctioned the irregularity that motivated the rejection and stirred the debits eventually imputed ;

b) for reconsidered or revised the decision by rejection ;

c) the consideration of the accounts is pending decision on appeal with suspensive effect ;

...........................................................................................................................

§ 3º (Revogized).

§ 4º For the purposes of the provisions of paragraph 2º (a) and in § 2º, they shall not be considered debts arising from delays in the release of repasses by the public administration or that have been the subject of parcellar, if the civil society organization is in a regular situation in the parcellar.

§ 5º The fence provided in inciso III does not apply to the conclusion of partnerships with entities that, by their very nature, they consist of the authorities referred to in that incision, being vetoed that the same person appears in the term of collaboration, in the term of foment or in the cooperation agreement simultaneously as a leader public administrator.

§ 6º Are not considered members of Power the members of rights advice and public policies. " (NR)

" Art. 40. It is vetoed to conclude partnerships provided for in this Act which have per object, involve or include, directly or indirectly, delegation of the functions of regulation, supervision, exercise of police power or other exclusive activities of State.

I-(revoked) ;

II-(revoked).

Single Paragraph. (Revoked):

I-(revoked) ;

II-(revoked). " (NR)

" Art. 41. Salvaged the willing on art. 3º and in the single paragraph of art. 84, shall be entered into under this Act the partnerships between the public administration and the entities referred to in the inciso I of the art. 2º.

Single Paragraph. (Revoked). " (NR)

" Art. 42. Partnerships will be formalized upon the conclusion of collaboration term, either foster term or cooperation agreement, as the case may be, which will have as essential clauses:

............................................................................................................................

III-when it is the case, the total value and the schedule of disbursement ;

IV-(revoked) ;

V-the counterpart, when it is the case, observed the provisions of § 1º of the art. 35 ;

............................................................................................................................

VII-the obligation to provide accounts with definition of form, methodology and deadlines ;

.............................................................................................................................

X-the definition, if applicable, of the holder of the remaining goods and rights on the date of the conclusion or extinction of the partnership and that, because of its execution, have been acquired, produced or transformed with resources passed by the public administration ;

XI-(revoked) ;

XII-the prerogative assigned to the public administration to take over or transfer the responsibility for the execution of the object, in the case of shutdown, so as to prevent its discontinuity ;

XIII-(revoked) ;

XIV-when it is the case, the obligation for the organization of civil society to maintain and move the features in specific bank account, observed the provisions of art. 51 ;

XV-the free access of the agents of the public administration, internal control and the Court of Accounts corresponding to the processes, documents and information related to terms of collaboration or the terms of promotion, as well as the places of execution of the respective object ;

...........................................................................................................................

XVII-the indication of the venue to address the doubts arising from the implementation of the partnership, establishing the mandatory prior attempt of administrative solution, with the participation of the body entrusted with an integral legal advice of the public administration structure

XVIII-(revoked) ;

.............................................................................................................................

XX-the exclusive responsibility of the civil society organization for the payment of charges labour, pension, tax and commercial workers related to the execution of the object provided for in the term of collaboration or of fostering, not entailing sympathetic or subsidiary liability of the public administration the default of the organization of the civil society in relation to that payment, the onus incidents on the object of the partnership or the damages arising from restriction on its execution

Single Paragraph. You will build as an annex of the term of collaboration, the term of foment or the cooperation agreement the work plan, which will be an integral and inseparable part of them.

I-(revoked) ;

II-(revoked). " (NR)

" Art. 45. Expenses related to the implementation of the partnership will be carried out under the terms of the nineteenth and XX incisos 42, being vetoed:

I-use resources for purpose alleyou to the object of the partnership ;

II-(VETADO) ;

III-(revoked) ;

..............................................................................................................................

V-(revoked) ;

VI-(revoked) ;

VII-(revoked) ;

VIII-(revoked) ;

IX-(revoked):

a) (repealed) ;

b) (repealed) ;

c) (repealed) ;

d) (repealed). " (NR)

" Art. 46. You will be able to be paid, among other expenses, with resources linked to the partnership:

I-remuneration of the team entrusted with the implementation of the work plan, including personnel of the civil society organization itself, during the duration of the partnership, comprising expenses with tax payments, social contributions, the Service Time Guarantee Fund-FGTS, vacation, thirteenth salary, wages proportional, rescisory appropriations and other social and labor burdens ;

a) (repealed) ;

b) (repealed) ;

c) (repealed) ;

II-daily referring to displacement, lodging and feeding in cases where the execution of the object of the partnership thus requires it ;

III-indirect costs necessary to the execution of the object, whatever the proportion in relation to the total value of the partnership ;

IV-(VETADO).

§ 1º The default of the public administration does not transfer to the organization of civil society to liability for the payment of bonds linked to the partnership with own resources.

§ 2º The default of the civil society organization due to delays in the release of partnerships related to the partnership will not be able to entail restrictions on the release of subsequent installments.

§ 3º The payment of remuneration of the team hired by the civil society organization with features of the partnership does not generate labor bond with the public power.

§ 4º (Revogized).

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

" Art. 48. The parcels of the resources transferred within the framework of the partnership will be released in strict compliance with the respective disbursement schedule, except in the following cases, in which they will be withheld until the sanitation of the improperties:

I-when there is evidence of irregularity in the application of parcel previously received ;

II-when found deviation of purpose in the application of the resources or the inadimpletion of the organization of civil society in relation to obligations set out in the term of collaboration or fostering ;

III-when the organization of civil society no longer adopt without sufficient justification saner measures pointed out by the public administration or by the internal or external control bodies. " (NR)

" Art. 49. In partnerships whose duration exceeds one year, the provision of accounts at the end of each financial year is mandatory.

I-(revoked) ;

II-(revoked) ;

III-(revoked). " (NR)

" Art. 51. Resources received as a result of the partnership will be deposited into the specific current account exempt from bank fee at the public financial institution determined by the public administration.

Single Paragraph. Income from financial assets will be applied on the object of the partnership, being subject to the same conditions of accountability required for the transferred resources. " (NR)

" Art. 52. On the occasion of the conclusion, denunciation, termination or termination of the partnership, the remaining financial balances, including those arising from the revenues obtained from the financial applications undertaken, will be returned to the public administr unextend of thirty days, under penalty of immediate establishment of special accounts of the responsible, provided by the competent authority of the public administration. " (NR)

" Art. 53. .................................................................................................................

§ 1º ..............................................................................................................................

§ 2º Demonstrate the physical impossibility of payment upon electronic transfer, the term of collaboration or promotion may admit to realisation of payments in kind. " (NR)

" Art. 55. The duration of the partnership may be amended upon request by the civil society organization, duly formalized and justified, to be submitted to the public administration in, at the very least, thirty days before the term initially envisaged.

Single Paragraph. The extension of the duration of the term of the term of collaboration or of foment shall be made by the public administration when it gives cause for delay in the release of financial resources, limited to the exact period of the delay verified. " (NR)

" Art. 57. The partnership work plan can be reviewed for change in values or targets, either by additive term or by apostila to the original work plan.

Single Paragraph. (Revoked). " (NR)

" Art. 58. The public administration will promote the monitoring and evaluation of the fulfilment of the partnership object.

§ 1º For the implementation of the provisions in the caput, the public administration may be worth the technical support of third parties, delegate competence or firm partnerships with bodies or entities that are close to the place of application of resources.

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

" Art. 59. The public administration shall issue technical report monitoring and evaluation of partnership concluded upon term of collaboration or term of promotion and shall submit it to the designated monitoring and evaluation commission, which shall approve it, regardless of the mandatory presentation of accountability due by the organization of civil society.

§ 1º .....................................................................................................................

.............................................................................................................................

III-values effectively transferred by the public administration ;

IV-(revoked) ;

V-analysis of the comprobatory documents of the expenditure submitted by the organization of the civil society in the provision of accounts, when the scope of the targets and results set out in the respective term of collaboration or foster promotion is not proven ;

VI-analysis of possible audits carried out by internal and external controls, within the framework of the preventive supervision as well as their findings and the measures they have taken on the basis of such audits.

§ 2º In the case of partnerships funded with specific funds resources, monitoring and evaluation will be carried out by the respective boards of directors, respected the requirements of this Act. " (NR)

" Art. 60. Without prejudice to the supervision by the public administration and the governing bodies, the implementation of the partnership shall be accompanied and scrutinized by the public policy councils of the corresponding areas of performance existing in each sphere of government.

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

" Art. 61. ..............................................................................................................

...........................................................................................................................

IV-issue conclusive technical opinion of analysis of final account delivery, taking in consideration of the content of the technical monitoring and evaluation report that it treats art. 59 ;

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

" Art. 62. In the assumption of inexecution by sole fault of the civil society organization, the public administration can, exclusively to ensure the service of essential services to the population, by act of its own and independently of judicial, in order to carry out or maintain the execution of the paced goals or activities:

..........................................................................................................................

II-take responsibility for the execution of the rest of the object provided in the plan of work, in the case of a shutdown, so as to avoid its discontinuity, and should be considered in accountability what was performed by the civil society organization until the time when the administration took on those responsibilities.

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

" Art. 63. .............................................................................................................

§ 1º The public administration will provide specific manuals to civil society organizations on the occasion of the celebration of partnerships, with the premise of simplifying and streamlining procedures.

...........................................................................................................................

§ 3º The regulation will establish simplified procedures for accountability. " (NR)

" Art. 64. .............................................................................................................

§ 1º It will be glossed values related to goals and outcomes unwarranted without justification sufficient.

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

" Art. 65. The accountability and all acts that it takes place will be on electronic platform, allowing for visualization by any interested party. " (NR)

" Art. 66. ..............................................................................................................

I-report of execution of the object, drawn up by the organization of civil society, containing the activities or projects developed for the fulfillment of the object and the comparison of proposed targets with the results achieved ;

II-report of financial execution of the term of collaboration or the term of foment, with the description of the expenses and revenues effectively performed and their linking with the execution of the object, in the assumption of defulfillment of targets and results set out in

Single Paragraph. The public administration should further consider in its analysis the following internally drawn up reports, when there is:

I-report of technical visit in loco eventually carried out during the execution of the partnership ;

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

" Art. 67. ............................................................................................................

§ 1º In the case of single account provision, the manager will issue conclusive technical opinion for purposes of evaluation of the fulfilment of the object.

§ 2º If the duration of the partnership exceeds one year, the organization of civil society should present accountability at the end of each financial year, for the purposes of monitoring the fulfilment of the object's goals.

§ 3º (Revogized).

§ 4º For evaluation purposes as to the effectiveness and effectiveness of the actions in implementation or that already have been carried out, the technical opinions of which this article must, must, mention:

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

" Art. 69. The civil society organization shall account for the good and regular application of the resources received within the period of up to ninety days from the termination of the partnership or at the end of each financial year, if the duration of the partnership exceeds one year.

§ 1º The deadline for the final delivery of accounts shall be established in accordance with the complexity of the object of the partnership.

§ 2º The willing in the caput does not prevent the public administration from promoting the taking-up of special accounts before the termination of the partnership, before evidence of irregularities in the execution of the object. § 3rd In the assumption of § 2º, the duty to provide accounts arises at the time of the release of appeal involved in the partnership.

...........................................................................................................................

§ 5º The conclusive manifestation on accountability by the public administration will observe the deadlines provided for in this Act, and must, alternatively, conclude by:

..............................................................................................................................

II-approval of the provision of accounts with caves ; or

III-rejection of accountability and determination of immediate introduction of special accounts.

§ 6º The improperties that have given cause to the rejection of accountability will be recorded in electronic platform of public access, and should be taken into account on the occasion of signing future partnerships with the public administration as defined in regulation. " (NR)

" Art. 71. The public administration will appreciate the final delivery of accounts submitted, within the period of up to one hundred and fifty days, counted from the date of receipt or due diligence by it, extensively extensively by equal period.

§ 1º (Revogized).

§ 2º (Revogized).

§ 3º (Revogized).

§ 4º The transcourse of the deadline set out in the terms of the caput without the accounts having been appreciated:

.............................................................................................................................

II-in cases where it is not found to be dolo from the organization of civil society or its preposited, without prejudice to the monetary update, prevents the incidence of interest from arrears on any debts eventually ascertained, in the period between the end of the period referred to in this paragraph and the date on which the administration has been finalized public. " (NR)

" Art. 72. ..............................................................................................................

I-regulars, when they express, clearly and objectively, the fulfillment of the goals and targets set in the work plan ;

II-regulars with caves, when evidenced impropriation or any other lack of formal nature that does not result in damage to the erary ;

III-irregular, when proven any of the following circumstances:

............................................................................................................................

b) unjustified disfulfillment of the goals and targets set forth in the work plan ;

...........................................................................................................................

§ 1º The public administrator responds to the decision on the approval of the accountability or by omission in relation to the analysis of their content, taking into consideration, in the first case, the technical, financial and legal opinions, being permitted delegation to directly subordinate authorities, veded to sub

§ 2º When the accountability is assessed as irregular, after exauriting the recursal phase, if the decision is maintained, the civil society organization may apply for permission for the compensation to the erarium to be promoted through compensatory actions of public interest, upon submission of new work plan, as per the object described in the collaboration or promotion term and the organization's acting area, whose economic measurement will be made from the original work plan, provided that there has been no dolo or fraud and is not the case for full restitution of the resources. " (NR)

" Art. 73. By the implementation of the partnership at odds with the work plan and the norms of this Act and the specific legislation, the public administration may, guaranteed prior defence, apply to the civil society organization the following sanctions:

.............................................................................................................................

II-temporary suspension of participation in public calling and impediment to celebrate partnership or contract with organs and entities of the government sphere of the sanctioner public administration, for no longer than two years ;

III-declaration of inidoneity to participate in public flame or celebrate partnership or contract with organs and entities of all spheres of government, while perensifying the determinants of punishment or until rehabilitation is promoted before the authority itself which has applied the penalty, which will be granted whenever the organization of civil society to reshend the public administration for the resulting damages and after the period of the penalty imposed on the basis of inciso II has elapsed

§ 1º The sanctions set forth in the incisos II and III are the exclusive competence of Minister of State or State Secretary, District or Municipal, as the case may be, provided the defence of the person concerned in the respective proceedings, within ten days of the opening of the view, and rehabilitation may be required after two years of application of the penalty.

§ 2º Prescreve in five years, counted from the date of the submission of accountability, the application of penalty arising from infringement related to the implementation of the partnership.

§ 3º The prescription will be stopped with the administrative act editing returned to the ascertainment of the infraction. " (NR)

" Art. 77. ...............................................................................................................

' Art. 10. ...............................................................................................................

............................................................................................................................

XIX-act negligent in the celebration, supervision and analysis of the benefits of accounts of partnerships struck by the public administration with private entities ;

XX-releasing resources from partnerships firsthed by public administration with private entities without the strict observance of the relevant standards or influential in any way to its irregular application.

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

" Art. 78-A. The art. 23 of Law No. 8,429 of June 2, 1992, passes in addition to the following inciso III:

' Art. 23. ..........................................................................................................................

..............................................................................................................................

III-up to five years of the date of the presentation to the public administration of accountability final by the entities referred to in the single paragraph of the art. 1º of this Act.' (NR) "

" Art. 80. The processing of purchases and hiring involving financial resources coming from partnership can be effected by means of electronic system made available by the public administration to civil society organizations, open to public via internet, which allows interested parties to formulate proposals.

Single Paragraph. The Provider-SICAF Unified Cadastration System, maintained by the Union, is made available to the other federated ones, for the purposes of the provisions of the caput, without prejudice to the use of their own systems. " (NR)

" Art. 81-A. Until the adaptation of the system that treats the art is made possible. 81 or their correspondents in the remaining units of the federation:

I-the routines provided for prior to the entry into force of this Act will be used for the repass of resources to civil society organisations arising from partnerships concluded under this Act ;

II-Municipalities of up to one hundred thousand inhabitants will be allowed to take effect and the acts of it arising without use of the electronic platform predicted in art. 65. "

" Art. 83. (VETADO).

§ 1º The partnerships of which it treats the caput may be extended from office, in the case of delay in the release of resources by public administration, per period equivalent to delay.

§ 2º The partnerships concluded by deadline undetermined prior to the date of entry into force of this Act, or extend for a period longer than initially established, within up to one year after the date of entry into force of this Act, will, alternatively:

I-replaced by the instruments provided for in the arts. 16 or 17, as per the case ;

II-object of unilateral termination by the public administration. " (NR)

" Art. 83-A. (VETADO). "

" Art. 84. It does not apply to partnerships governed by this Act the provisions of Law No. 8,666 of June 21, 1993.

Single Paragraph. They are governed by art. 116 of Law No. 8,666 of June 21, 1993, Arranges:

I-between federates or legal persons to them linked ;

II-arising from the application of the provisions of the inciso IV of the art. 3º. " (NR)

" Art. 84-A. From the duration of this Act, only arrangements will be made in the hypotheses of the single paragraph of the art. 84. "

" Art. 84-B. Civil society organizations will do jus to the following benefits, regardless of certification:

I-receive donations from companies, up to the 2% (two per cent) limit of their gross revenue ;

II-receive movable property deemed unrecoverable, seized, abandoned or available, administered by the Office of the Federal Revenue Office of Brazil ;

III-distribute or pledge to distribute prizes, upon draw, valley-brindes, contests or assorted operations, with the aim of raising additional resources intended for their maintenance or custio. "

" Art. 84-C. The benefits predicted in art. 84-B will be conferred on civil society organizations that present among their social goals at least one of the following purposes:

I-promotion of social assistance ;

II-promotion of culture, advocacy and conservation of historical and artistic heritage ;

III-promoting education ;

IV-promotion of health ;

V-promotion of food and nutritional security ;

VI-defence, preservation and conservation of the environment and promotion of development sustainable ;

VII-promotion of volunteering ;

VIII-promotion of economic and social development and combating poverty ;

IX-experimentation, non-profit, of new socioproductive models and alternative systems of production, trade, employment and credit ;

X-promotion of established rights, construction of new rights and legal advice free of interest supplementation ;

XI-promotion of ethics, peace, citizenship, human rights, democracy and others universal values ;

XII-religious organizations that dedicate themselves to activities of public interest and draft social distinct from those intended for exclusively religious purposes ;

XIII-studies and research, development of alternative technologies, production and dissemination of technical and scientific information and knowledge that concerns the activities mentioned in this article.

Single Paragraph. It is vetoed to the entities benefited in the form of art. 84-B participation in political-partisan or electoral interest campaigns, under any means or forms. "

" Art. 85-A. The art. 3º of Law No. 9,790 of March 23, 1999, passes in addition to the following inciso XIII:

' Art. 3º ..........................................................................................................................

..............................................................................................................................

XIII-studies and research for the development, the provision and implementation of technologies aimed at the mobility of people, by any means of transportation.

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

" Art. 85-B. The single paragraph of the art. 4º of Law No. 9,790 of March 23, 1999, passes vigorously with the following essay:

' Art. 4º ................................................................................................................

Single Paragraph. Participation of public servants in the composition of board or board of Organization of Civil Society of Public Interest is permitted. (NR)?

" Art. 87. The demands for transparency and publicity provided for in all steps involving the partnership, from the preparatory stage to the end of accountability, in whatever is necessary, will be excepted when dealing with protection program to persons threatened or in a situation that can compromise their security in the form of the regulation. " (NR)

" Art. 88. This Act shall enter into force after five hundred and forty days of its official publication, observed the provisions of § § 1º and 2º of this article.

§ 1º For Municipalities, this Act enters into force from 1º January 2017.

§ 2º By local administrative act, the provisions of this Act may be implanted in the Municipalities to from the date arising from the provisions of the caput. " (NR)

Art. 3º The paragraph c of the inciso III of § 2º of the art. 13 of Law No. 9,249 of December 26, 1995, passes vigorously with the following essay:

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

.................................................................................................................................

§ 2º ..............................................................................................................................

.................................................................................................................................

III- ....................................................................................................................

.................................................................................................................................

c) the beneficiary entity should be organization of civil society, as per Law No. 13,019, of July 31, 2014, provided that the requirements laid down in the arts have been met. 3º and 16 of Law No. 9,790 of March 23, 1999, regardless of certification. " (NR)

Art. 4º point at § 2º of the art. 12 of Law No. 9,532 of December 10, 1997, passes vigorously with the following essay:

" Art. 12. ................................................................................................................

............................................................................................................................

§ 2º .....................................................................................................................

a) non-remuneration, in any form, its leaders for the services provided, except in the case of associations, foundations or civil society organizations, non-profit, whose leaders will be able to be remunerated, provided that they act effectively in executive management and provided that the requirements laid down in the arts. 3º and 16 of Law No 9,790 of March 23, 1999, respected as maximum limits the values practiced by the market in the region corresponding to its area of acting, and its value shall be fixed by the body of superior deliberation of the entity, registered in minutes, with communication to the Public Ministry, in the case of

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

Art. 5º The § 2º of the art. 21 of Law No. 12,101 of November 27, 2009, passes vigorously with the following essay:

" Art. 21. .............................................................................................................

..........................................................................................................................

§ 2º The tramway and the consideration of the application shall comply with the chronological order of its presentation, save in case of outstanding due diligence, duly justified, or in the case of non-profit entity or institution and civil society organization celebrating partnership to carry out project, activity or service accordingly with international cooperation agreement from which the Federative Republic of Brazil is a party.

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

Art. 6º The art. 24 of Law No. 8,666 of June 21, 1993, passes in addition to the following inciso XXXIV:

" Art. 24. ..............................................................................................................

............................................................................................................................

XXXIV-for the acquisition by legal person of internal public law of strategic inputs for health produced or distributed by foundation that, regimental or statutorily, is intended to support the organ of direct public administration, its municipality or foundation in teaching, research, extension, development projects institutional, scientific and technological and stimulation of innovation, including in the administrative and financial management required to implement these projects, or in partnerships that involve technology transfer of strategic products to the System Sole of Health-SUS, pursuant to the inciso XXXII of this article, and which has been created for that particular purpose on a date prior to the duration of this Act, provided that the contracted price is compatible with the practiced on the market.

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

Art. 7º The philanthropic and non-profit entities either conveniently or contracted under § 1º of the art. 199 of the Federal Constitution will be able to join, within three months, counted from the date of publication of this Act, to the programme of which it treats art. 23 of Law No. 12,873 of October 24, 2013.

Art. 8º This Act shall enter into force on the date of its publication.

Art. 9º Stay revoked:

I-Law No. 91 of August 28, 1935 ; and

II-the inciso XV of the art. 2º; the inciso II of the art. 3º; the art. 4º; the art. 9º; the incisos V to X and the single paragraph of the art. 22 ; the incisos III and V of the single paragraph of art. 23 ; the incisos II and VII of § 1º of the art. 24 ; the art. 25 ; the single paragraph of art. 26 ; the § 3º of the art. 28 ; the inciso II of the art. 33 ; the incisos I, IV and VIII of the art. 34 ; the letters f and i of the inciso V and the § 4º of the art. 35 ; the art. 37 ; the § 3º of the art. 39 ; the single paragraph of art. 40 ; the single paragraph of art. 41 ; the incisos IV, XI, XIII and XVIII of the art caput. 42 ; the art. 43 ; the art. 44 ; the incisos III and V to IX of the art. 45 ; the § 4º of the art. 46 ; the art. 47 ; the art. 54 ; the art. 56 ; the single paragraph of art. 57 ; the inciso IV of the single paragraph, ora renumbered to § 1º, of the art. 59 ; the § 3º of the art. 67 ; the § § 1º to 3º of the art. 71 ; the art. 75 ; the art. 76 ; all of Law No. 13,019 of July 31, 2014.

Brasilia, December 14, 2015 ; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Joaquim Vieira Ferreira Levy

Nelson Barbosa John

Luiz Silva Ferreira

Patrus Ananias

Gilberto Kassab

Nilma Lino Gomes

Ricardo Berzoini

Valdir Moysés Simão