Law No. 12,868 October 15, 2013

Original Language Title: Lei nº 12.868, de 15 de outubro de 2013

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LEI No. 12,868, DE October 15, 2013

Alters Law No. 12,793 of April 2, 2013 to have on the financing of durable consumer goods to beneficiaries of the My Home Program, My Life (PMCMV) ; constitutes additional source of resources for the Federal Economic Box ; it amends Law No. 12,741 of December 8, 2012, which has on the measures of consumer clarification, to provide for a time limit of application of the penalties provided for in Law No. 8,078 of September 11, 1990 ; amend the Laws No. 12,761 of December 27, 2012, No 12,101, November 27, 2009, No 9,532, December 10, 1997, and No 9,615 of March 24, 1998 ; and gives others provider.

P R E S I D E N T A D A R E P B L I C A

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

Art. 1º The art. 6º of Law No. 12,793 of April 2, 2013, passes in addition to the following § § 9º and 10:

" Art. 6º ..............................................................................................................

§ 9º The National Monetary Council shall define the durable consumer goods of which it treats § 3º, their maximum acquisition values and the terms and conditions of the financing.

§ 10. Compliance with the rules provided for in § 9º shall entail the description of the retail establishments, and may lead to the early settlement of the financing contract, without prejudice to the other legal penalties that are possible. " (NR)

Art. 2º It is the Union authorized to grant credit to the Federal Economic Box, in the amount up to R$ 8,000,000,000.00 (eight billion reais).

§ 1º The credit that it treats the caput will be granted in financial and contractual conditions defined by the Minister of State of the Farm and which allow its framework as a hybrid instrument of capital and debt or heritage element that comes to replace it in the formation of the reference heritage as defined by the National Monetary Council.

§ 2º For the credit coverage of which it treats the caput, the Union may issue, in the form of direct allotment, in favor of the Federal Economic Box, securities of the Federal Public Debt, whose characteristics will be defined by the Minister of State of the Farm.

§ 3º In the case of issuance of securities, economic equivalence with the predicted value in the caputwill be respected.

§ 4º The remuneration to be received by the National Treasury is to be framed, at the discretion of the Minister of State of the Farm, in one of the following alternatives:

I-be compliant with the long-term remuneration rate ;

II-be compatible with your cost of caption ; or

III-be variable.

§ 5º The resources picked up by the Federal Economic Box in the form of caput could be earmarked for the financing of durable consumer goods, including assistive technology goods, for people physical of the My House Program, My Life (PMCMV), of which it treats Law No. 11,977 of July 7, 2009.

§ 6º The National Monetary Council shall define the durable consumer goods and assistive technology of which it treats § 5º, except those covered by Law No. 12,613 of April 18, 2012, its values maximum acquisition and the terms and conditions of the financing.

§ 7º The disfulfillment of the rules provided for in § 6º shall entail the description of the retail establishments, and may lead to the early settlement of the financing contract, without prejudice to the other legal sanctions cableable.

Art. 3º It is the Union authorized to dispense with the Federal Economic Box of the collection of part of the dividends and interest on own capital that would be owed to it, in amount defined by the Minister of State for Finance, regarding the financial years 2013 and subsequent, while lasting the operations carried out by the PMCMV, for the purposes of credit risk coverage and operational costs of the financing operations of durable consumer goods intended for the physical persons of the PMCMV.

§ 1º It should be observed the minimum pick-up of 25% (twenty-five per cent) on adjusted net profit.

§ 2º The National Monetary Council will regulate the provisions of the caput.

Art. 4º The art. 5º of Law No. 12,741 of December 8, 2012, passes vigorously with the following essay:

" Art. 5º Elapsed within the period of 12 (twelve) months, counted from the beginning of this Act, the discompliance of its provisions shall subject the offender to the penalties provided for in Chapter VII of Title I of Law No. 8,078 of September 11, 1990. " (NR)

Art. 5º The inciso II of the caput of art. 5º of Law No. 12,761 of December 27, 2012, passes vigorously with the following essay:

" Art. 5º ..................................................................................

II-beneficiary company: legal person opting for the Worker's Culture Programme and authorized to distribute the valeculture to its employees with an employeral bond ;

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

Art. 6º Law No. 12,101 of November 27, 2009 passes vigorously with the following changes:

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

Single Paragraph. The minimum period of fulfilment of the requirements for this article may be reduced if the entity is a service provider through contract, arrangement or instrument congening with the Single Health System (SUS) or with the Single System of Social Assistance (Their), in case of local need attested by the manager of the respective system. " (NR)

" Art. 4º ..................................................................................

I-celebrate contract, convenger or instrument concons with the SUS manager ;

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

§ 3º For the purposes of the provisions of the inciso III of the caput, the health entity that accede to priority programs and strategies defined by the Ministry of Health will make jus the percentage index that will be added to the total of the provision of its services offered to SUS, observed the maximum limit of 10% (ten per cent), as set out in act by the Minister of State for Health. " (NR)

" Art. 6º-A. For certificate renewal applications, should the health entity fail to comply with the provisions of the art's caput inciso III. 4º in the fiscal year prior to the exercise of the application, the Ministry of Health will assess compliance with the requirement on the basis of the average of the total service delivery to SUS of which it treats the inciso III of the art's caput . 4º by the entity throughout the current certification period, which is expected to be at least 60% (sixty per cent).

§ 1º For the purposes of the caput, it will only be admitted to the assessment by the Ministry of Health if the entity has complied, at a minimum, 50% (fifty per cent) of the provision of its services to SUS that it treats the inciso III of the caput of the art. 4º in each of the years of the certification period.

§ 2º The proof of the provision of the services, as per the Ministry of Health's regulation, will be made on the basis of internations, ambulatory attention and priority actions carried out. "

" Art. 7º-A. Institutions recognized under the legislation as attention services in residential and transitional arrangements, included therapeutic communities providing SUS service and care services, to persons with disorders arising from the use, abuse or addiction of psychoactive substance can be certified, provided that:

I-be qualified as health entities ; and

II-voucher for the provision of services that it treats the caput.

§ 1º The fulfilment of the requirements set forth in the incisos I and II of the caput should observe the criteria defined by the Ministry of Health.

§ 2º The provision of the services provided in the caput will be paced with the local SUS manager by means of contract, arrangement or congenital instrument.

§ 3º The fulfillment of the requirements provided for in this article waives the observance of the requirements laid down in art. 4º. "

" Art. 8º There is no interest from the local SUS manager in the hiring of the health services offered by the health or hiring entity below the minimum percentage referred to in the inciso II of the art. 4º, the entity should substantiate the application of percent of its revenue in free of charge in the area of health, as follows:

I-20% (twenty per cent), when there is no hiring interest by the local SUS manager or if the percentage of service delivery to SUS is less than 30% (thirty percent) ;

II-10% (ten per cent), if the percentage of service delivery to SUS is equal to or greater than 30% (thirty per cent) and less than 50% (fifty percent) ; or

III-5% (five per cent), if the percentage of service provision to SUS is equal to or greater than 50% (fifty percent).

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

" Art. 8º-A. Exceptionally, the certification of entities acting exclusively in health promotion without requiring user countering by the health actions and services carried out under the Regulation will be admitted.

§ 1º The offer of the totality of shares and services without contrustation of the user waives the observance of the requirements laid down in art. 4º.

§ 2º The execution of gratuitous actions and services in health promotion will be pre-paced by means of contract, arrangement or congenial instrument with the local SUS manager.

§ 3º For the purpose of the provisions of caput, health promotion actions and services are considered to be aimed at health risk reduction activities, developed in areas such as:

I-nutrition and healthy nutrition ;

II-corporal practice or physical activity ;

III-prevention and control of smoking ;

IV-prevention of cancer, human immunodeficiency virus (HIV), viral hepatitis, tuberculosis, hanseniasis, malaria and dengue fever ;

V-reduction of morbidity as a result of the abusive use of alcohol and other drugs ;

VI-reduction of morbidity for traffic accidents ;

VII-prevention of violence ; and

VIII-reduction of morbidity in the diverse cycles of life. "

" Art. 8º-B. Exceptionally, the certification of entities providing attention services in residential and transitional arrangements, included therapeutic communities, which exclusively carry out health promotion actions aimed at people, will be admitted. with disorders arising from the use, abuse or addiction of drugs, provided they substantiate the application of at least 20% (twenty per cent) of their gross income in gratuitous actions.

§ 1º For the purposes of the calculation that it treats caput, revenue from public subsidy and the expenses arising should not incorporate gross revenue and the percentage applied in gratuitous shares.

§ 2º The execution of gratuity actions in health promotion will be previously paced with the local SUS manager, by means of contract, convenium or congenial instrument.

§ 3º The fulfillment of the requirements provided for in this article waives the observance of the requirements laid down in art. 4º. "

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

Single Paragraph. Education entities certified in the form of this Act should provide information to the Census of Basic Education and the Census of Higher Education, as defined by the Ministry of Education. " (NR)

" Art. 13. For the purpose of granting or renewing the certification, the education entity that acts on the different steps and modalities of basic, regular and presential education, should:

I-demonstrate their suitability to the guidelines and targets set forth in the National Plan of Education (PNE) in the form of art. 214 of the Federal Constitution ;

II-meet the minimum standards of quality, injured by the evaluation processes conducted by the Ministry of Education ; and

III-grant year scholarships in the proportion of 1 (one) full study scholarship for every 5 (five) paying students.

§ 1º For the fulfilment of the proportion described in the inciso III of the caput, the entity will be able to offer partial scholarships, observed the following conditions:

I-at a minimum, 1 (one) full study scholarship for every 9 (nine) paying students ; and

II-partial scholarships of 50% (fifty per cent), when necessary for the scope of the minimum required number as defined in regulation ;

III-(revoked) ;

a) (repealed) ;

b) (repealed).

§ 2º It will be provided to the entity to replace up to 25% (twenty-five per cent) of the amount of the scholarships defined in the inciso III of the caput and in § 1º for supplementary benefits, granted to the students enrolled whose income monthly family per capita does not exceed the value of 1 (one) salarium-minimum and a half, such as transport, uniform, didactic material, housing, food and other benefits set out in regulation.

§ 3º Admit the fulfillment of the percent willing in § 2º with projects and activities for the guarantee of full-time education for students enrolled in basic education in public schools, provided that in articulation with the respective public educational institutions in the form defined by the Ministry of Education

§ 4º For the purposes of fulfilling the proportion of which treats the inciso III of the caput:

I-each full scholarship awarded to student with disabilities, thus declared to the Census of Education Basic, will amount to 1.2 (an integer and two tenths) of the full study scholarship value ; and

II-each full scholarship awarded to student enrolled in full-time basic education will amount to 1.4 (an integer and four tenths) of the full study scholarship value ;

III-(revoked).

§ 5º The equivalences provided for in the incisors I and II of § 4º shall not be able to be cumulative.

§ 6º It is considered, for the purposes of the provisions of § § 3º and 4º, full-time basic education the school journey lasting equal to or above 7 (seven) daily hours, throughout the school period, and comprises both the time in which the student remains in school as the one in which he exercises school activities in other educational spaces as defined by the Ministry of Education.

§ 7º Education entities providing full free services should ensure compliance with the proportion of at least 1 (one) student whose monthly household income per capita does not exceed the value of a wage-minimum and a half for each 5 (five) students enrolled. " (NR)

" Art. 13-A. For the purpose of granting and renewing certification, the entities that act in higher education and who have joined the University Program for All (Prouni) in the form of the art caput . 11 of Law No. 11,096 of January 13, 2005 shall meet the conditions laid down in the incisos of the caput and in § § 1º, 2º and 7ºdo art. 13 of this Act.

§ 1º The entities acting concomitantly at the higher education level and who have adhered to the Prouni and in basic education are required to meet the requirements required in art. 13, for each level of education, including as for the eventual supplementation of free through the award of partial scholarships of 50% (fifty per cent) and supplementary benefits, as provided for in § § 1º and 2º of the art. 13.

§ 2º Only will be accepted within the framework of higher education scholarships linked to the Prouni, save the full or partial scholarships of 50% (fifty per cent) for postgraduation stricto sensu.

§ 3º Exceptionally, they will be accepted as free, within the framework of higher education, the full or partial scholarships of 50% (fifty per cent) offered outside the Prouni to the students framed in the arts. 14 and 15, provided that the entity has complied with the proportion of an integral scholarship for every 9 (nine) paying students in the Prouni and who has offered grants under the Prouni that have not been filled.

§ 4º For the purposes of this article, only grants awarded in regular specific training undergraduate or sequential courses will be computed in addition to the scholarships for postgraduation stricto sensu provided for in § 2º. "

" Art. 13-B. For the purposes of granting the certification, the entities acting in higher education and who have not joined the Prouni in the form of the art. 10 of Law No. 11,096 of January 13, 2005, shall:

I-meet the willing on the incisos I and II of the caput of the art. 13 ; and

II-grant year scholarships in the proportion of 1 (one) full study scholarship for each 4 (four) paying students.

§ 1º For the fulfillment of the proportion described in the inciso II of the caput, the entity will be able to offer partial scholarships, provided that it grants:

I-at a minimum, 1 (one) full study scholarship for every 9 (nine) paying students ; and

II-partial scholarships of 50% (fifty per cent), when necessary for the scope of the minimum required number as defined in regulation.

§ 2º It will be provided to the entity that attests in higher education to replace up to 25% (twenty-five per cent) of the scholarships set out in the inciso II of the caput and in § 1º for supplementary benefits, granted to students enrolled whose monthly household income per capita does not exceed the value of a minimum wage and a half, such as transportation, uniform, didactic material, housing, food and other benefits defined in regulation.

§ 3º Without prejudice to the proportion defined in the inciso II of the caput, the education entity is expected to offer, in each of its higher education institutions, at minimum, 1 (one) full scholarship for every 25 (twenty-five) students pageants.

§ 4º The entity should offer full scholarship in all courses of all higher education institutions by her held.

§ 5º The entities that act concomitantly in higher education and basic education are required to meet the requirements required in art. 13 and in this article in a segregated manner, by level of education, including as to the eventual supplementation of free through the grant of partial scholarships of 50% (fifty per cent) and supplementary benefits.

§ 6º For the purposes of the provisions of this article, only grants awarded in regular specific training undergraduate or sequential courses will be computed. "

" Art. 13-C. They consider paying pupils, for the purposes of applying the proportions provided for in the arts. 13, 13-A and 13-B, the total of students who do not have full scholarships.

§ 1º In the application of the proportions provided in the arts. 13-A and 13-B, the paying students enrolled in regular specific training undergraduate or sequential courses will be considered.

§ 2º Do not consider paying students the defaulters for period exceeding 90 (ninety) days, whose enrolments have been refused in the immediately subsequent lethal period to the inadimplement as defined in regulations. "

" Art. 17. In the act of grant or renewal of certification, education entities that have not granted the minimum number of scholarships provided for in the arts. 13, 13-A and 13-B will be able to compensate for the number of grants due in the 3 (three) subsequent financial years with additional 20% (twenty per cent) over the unreached percentage or the number of grants not awarded, upon subscription of Term of Adjustment of Gratuity, under conditions set by the Ministry of Education.

§ 1º After the publication of the decision on the judgment of the application for granting or renewal of the certification in the first administrative instance, the education entities referred to in the caput will have the deadline imrenewable of 30 (thirty) days to apply for the signing of the Gratuity Adjustment Term.

§ 2º In the assumption of compliance with Gratuity Adjustment Term, the organisation's certification will be cancelled for the whole of its validity period.

§ 3º The Gratuity Adjustment Term can be celebrated only 1 (one) time with each entity.

§ 4º Postgraduate scholarships stricto sensu will be able to integrate the 20% percent increase in compensation (twenty percent), as long as they refer to training areas defined by the Ministry of Education. " (NR)

" Art. 18. The certification or its renewal will be granted to the social assistance entity that provides services or carries out socio-assistive actions, free of charge, continued and planned, for users and for whom they require, without discrimination, observed Law No. 8,742 of December 7, 1993.

§ 1º Consider social assistance entities those who provide, non-profit, service and advice to beneficiaries covered under Law No. 8,742 of December 7, 1993 and those acting in the defence and guarantee of your rights.

§ 2º Observed the provisions of caput and § 1º, are also considered social welfare entities:

I-those providing services or socio-assistive actions, without any requirement of countering users, with the goal of enabling and rehabilitating the person with disabilities and promoting their inclusion to community life, in the facing the existing limits for persons with disabilities, in an articulated way or not with educational or health actions ;

II-those of which treats the inciso II of the art. 430 of the Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5,452, 1º May 1943, provided that adolescent, youth or disabled people's learning programmes are provided with the purpose of promoting the integration into the labour market, pursuant to Law No. 8,742 of December 7, 1993, observed the protective actions provided for in Law No. 8,069 of July 13, 1990 ; and

III-those carrying out provisional institutional reception service of persons and their chaperones, who are in transit and without conditions of self-sustaining, during the treatment of serious diseases outside the place of residence, observed Law No. 8,742 of December 7, 1993.

§ 3º Since observed the provisions of the caput and in § 1º of this article and in art. 19, except for the requirement for gratuity, the entities referred to in art. 35 of Law No. 10,741, from 1º October 2003, may be certified, on the condition that the eventual collection of participation of the elderly person at the cost of the entity shall be given in the terms and limits of § 2º of the art. 35 of Law No. 10,741, from 1º October 2003.

§ 4º Certified entities as of social assistance will have priority in celebrating arrangements, contracts or congenial instruments with the public power for the execution of programs, projects, and social assistance actions. " (NR)

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

§ 4º The term of validity of the certification will be 1 (one) at 5 (five) years, as per criteria set out in regulation.

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

" Art. 23-A. The entities that treat the inciso I of § 2º of the art. 18 will be certified exclusively by the Ministry of Social Development and Combat to the Famer, yet to exercise their activities in articulation with educational or health actions, dismissed the Ministry of Health and Ministry of Health demonstration. Education and the analysis of the criterion of preponderant activity predicted in art. 22.

Single Paragraph. For the certification of the entities that it treats the inciso I of § 2º of the art. 18, it is up to the Ministry of Social Development and Combat to the Famer to check in addition to the requirements of the art. 19, the fulfillment of the willing:

I-in the single paragraph of art. 5º, by the entities that exercise their activities in articulation with health actions ; and

II-in the single paragraph of art. 12, by the entities that exercise their activities in articulation with educational actions. "

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

§ 1º The application for renewal of the protocol certification in the course of 360 (three hundred and sixty) days preceding the final expiry of the certificate shall be deemed to be subject to the application for renewal of the protocol.

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

§ 3º The protocol applications before 360 (three hundred and sixty-sixty) days of the final term of validity of the certificate will not be known. " (NR)

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

§ 1º The willing in caput does not prevent the release of the corresponding tax credit offtake.

§ 2º If the launch of the letter referred to in § 1º is challenged with regard to the certification requirements, the adjudicating authority of the dispute will await the judgment of the decision which adjudicates the appeal that it treats the caput.

§ 3º The overestimation of the judgment in which it treats § 2º does not preclude the procedural tender of eventual tax administrative proceedings concerning the same or other release of trade, effected by discompliance with the requirements of which it treats the art. 29.

§ 4º If the final decision is by the provenance of the appeal, the launch founded on the certification requirements, effected pursuant to § 1º, shall be the subject of communication, by the certifying ministry, to the Registry of the Federal Revenue Office of the Brazil, which will cancel it from trade. " (NR)

" Art. 29. ..................................................................................

I-do not realize, their statutory leaders, advisers, associates, institution or benefactors, remuneration, advantages or benefits, directly or indirectly, by any form or title, on the grounds of the competencies, functions or activities that are assigned to them by the respective constitutive acts ;

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

§ 1º The requirement to refer to the inciso I of the caput does not prevent:

I-the remuneration to non-statutory directors who have an employer bond ;

II-the remuneration to statutory leaders, provided they receive lower remuneration, at their gross value, at 70% (seventy per cent) of the limit set for the remuneration of servers of the federal Executive Power.

§ 2º The remuneration of the statutory leaders referred to in the inciso II of § 1º shall comply with the following conditions:

I-no remunerated leader may be a spouse or relative until 3º (third) degree, including an after, from institutors, associates, directors, advisors, benefactors or equivalents of the institution of which it treats the caput of this article ; and

II-the total paid for remuneration for leaders, by the exercise of statutory assignments, shall be less than 5 (five) times the value corresponding to the individual limit set out in this paragraph.

§ 3º The provisions of § § 1º and 2º shall not prevent the remuneration of the person of the statutory leader or director who, cumulatively, has a statutory and employability bond, except if there is mismatch of working journeys. " (NR)

" Art. 38-A. Certifications granted or that are to be granted on the basis of this Act for filed renewal requirements between November 30, 2009 and December 31, 2011 will have validity period of 5 (five) years.

Single Paragraph. Certifications granted or that come to be granted for renewal applications filed between November 10, 2008 and December 31, 2011 will have validity period of 5 (five) years, in the case of entities acting exclusively on the area of social assistance or framing in the incisos I or II of § 2º of the art. 18 of this Act and that, as of the publication of this Act, be certified by the Ministry of Social Development and Combat to the Famer. "

" Art. 38-B. The education entities provided for in art. 13 that have filed for grant or renewal applications in the period from November 30, 2009 to December 31, 2010 can be certified without the requirement of an integral scholarship for each 9 (nine) students paying, provided that the other legal requirements have been met. "

" Art. 41. ..................................................................................

Single Paragraph. The entities referred to in the caput should give advertising and maintain easy access to the public all accounting and financial demonstratives and the activity report. " (NR)

" Art. 44. Revoke:

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

VIII-the § § 1º and 2º of the art. 10 of Law No. 11,096 of January 13, 2005 ; and

IX-the incisos I and II of the caput of the art. 11 of Law No. 11,096 of January 13, 2005. " (NR)

Art. 7º Applies the provisions of the art. 6º-A of Law No. 12,101 of November 27, 2009, to the applications for renewal of Certificate of Social Benefit Benefit, pending decision on the date of publication of this Act.

Art. 8º The applications for renewal of the certificated certification prior to the publication of this Act shall not apply to the provisions of § 3º of the art. 24 of Law No. 12,101 of November 27, 2009.

Art. 9º In case of unfavorable final decision, published after the date of publication of this Act, in renewal proceedings of which it treats the caput of the art. 35 of Law No. 12,101 of November 27, 2009, whose applications have been filed tempestively, the tax debits will be restricted to the period of 180 (one hundred and eighty) days prior to the final decision, away from the fine of late payment.

Art. 10. In case of a favorable decision, in renewal proceedings that it treats the caput of the art. 35 of Law No. 12,101 of November 27, 2009, whose applications have been filed untemingly, tax debits will be restricted to the period of 180 (one hundred and eighty) days prior to the decision, away from the fine of late payment.

Art. 11. The processes of which it treats art. 35 of Law No. 12,101 of November 27, 2009, which possesses pending appeals of trial until the date of publication of this Act may be analysed on the basis of the criteria set out in the arts. 18 a to 20 of the said Law, provided that the entities voucher, cumulatively:

I-who act exclusively in the area of social assistance or fall within the incisos I or II of § 2º of the art. 18 of Law No. 12,101 of November 27, 2009 ;

II-which, from the publication of this Act, be certified by the Ministry of Social Development and Combat to the Famer ; and

III-that the application for renewal has been dismissed exclusively:

a) for lack of documentary instruction relating to the accounting and financial statement required in regulation ; or

b) by the non-reaching of the percentage of free of charge, in the cases of the entities provided for in the inciso II of § 2º of the art. 18 of Law No. 12,101 of November 27, 2009.

§ 1º The entities referred to in the caput will have the deadline of 60 (sixty) days, counted from the date of publication of this Act, to enter with requests for instruction supplementation, with the aim of provide the documentation required for analysis of the processes as per the criteria provided in the caput.

§ 2º The documentation referred to in the inciso III of the caput corresponds exclusively to:

I-balance sheet ;

II-demonstration of heritage mutation ;

III-demonstration of the source and application of resources ; and

IV-opinion of independent audit.

Art. 12. The applications for renewal of the Social Assistance Benefit Certificate that treats Law No. 12,101 of November 27, 2009, filed between November 30, 2009 and the date of publication of this Act will be considered tempestives if they have been presented before the final term of validity of the certification.

Single Paragraph. Applications for renewal filed between November 30, 2009 and December 31, 2010, in the period up to 360 (three hundred and sixty) days after the final term of validity of the certification, will exceptionally be considered to be tempestives.

Art. 13. The willing on art. 17 of Law No. 12,101 of November 27, 2009 also applies to applications for the granting or renewal of the pending certification of final judgment under the Ministry of Education on the date of publication of this Act.

§ 1º If the application for concession or renewal has already been tried in the first administrative instance, pending trial the appeal that it treats the art is pending. 26 of Law No. 12,101 of November 27, 2009, the deadline of 30 (thirty) days to apply for the signing of the Term of Gratuity Adjustment is to be taken from the publication of this Act.

§ 2º Education entities which have not applied free of charge the minimum percentage provided for in the legislation in force at the time of their application for granting or renewing the certification shall make up for the percentage due in the 3 (three) subsequent financial years with additional 20% (twenty per cent) over the percentage to be compensated, upon the signing of Gratuity Adjustment Term, under conditions set by the Ministry of Education

Art. 14. The entities that joined the Prouni in the form of the caput of the art. 11 of Law No. 11,096 of January 13, 2005 and possessing applications for grant or renewal of the Social Welfare Benefit Certificate regarding the exercises of 2006, 2007, 2008 and 2009 pending trial in the Ministry of Education on the date of publication of this Act will be able to be certified based on the art criteria. 10 of Law No. 11,096 of January 13, 2005, waived the requirement of 1 (one) full scholarship for each 9 (nine) paying students.

Art. 15. For the application for original grant and renewal of Certificate of Benefit Benefit of Social Welfare that treats Law No. 12,101 of November 27, 2009, filed in the year 2009 by the health and pending entities of decision on the date of publication of this Act, the entire fiscal year 2009 will be evaluated for the assessment of compliance with the minimum certification requirements.

§ 1º The Ministry of Health will be able to request documents and information that you understand necessary for the aferition that it treats the caput.

§ 2º The application for original grant and renewal of Certificate of Social Benefit Benefit awarded in the year 2009 by the health entities that have been tried and under-dismissed will be reassessed by the Ministry of Health, observed the rule willing in the caput.

Art. 16. For education entities, applications for grant or renewal of the Social Benefit Benefit Certificate that treats Law No. 12,101 of November 27, 2009, filed until December 31, 2015 will be analyzed on the basis of the criteria in force until the date of publication of this Act.

Single Paragraph. The criteria in force after the publication of this Act will be applied if they are more advantageous to the postulant entity.

Art. 17. They shall be exempted from the publication of this Act, the constitution of National Farm Credits, the inscription in the Union Active Debt and the help of the respective fiscal execution, and cancelled the launch and enrollment relating to the contributions that it treats art. 29 of Law No. 12,101 of November 27, 2009, on the grounds of the provisions of the arts. 7º and 9º to 15 of this Law and in the arts. 38-A and 38-B of Law No. 12,101 of November 27, 2009.

Single Paragraph. The provisions of this article shall not entail refund of paid amount.

Art. 18. Law No. 9,532 of December 10, 1997 passes vigorously with the following changes:

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

§ 4º The requirement referred to in § 2º ("a") does not prevent:

I-the remuneration to non-statutory directors who have an employer bond ; and

II-the remuneration to statutory leaders, provided they receive lower remuneration, at their gross value, at 70% (seventy per cent) of the limit set for the remuneration of servers of the federal Executive Power.

§ 5º The remuneration of the statutory leaders referred to in the inciso II of § 4º shall comply with the following conditions:

I-no remunerated leader may be a spouse or relative until 3º (third) degree, including an after, from institutors, associates, directors, advisors, benefactors or equivalents of the institution of which it treats the caput of this article ; and

II-the total paid for remuneration for leaders, by the exercise of statutory assignments, shall be less than 5 (five) times the value corresponding to the individual limit set out in this paragraph.

§ 6º The provisions of § § 4º and 5º shall not prevent the remuneration of the person of the statutory leader or director who, cumulatively, has a statutory and employability bond, except if there is mismatch of working journeys. " (NR)

Art. 19. Law No. 9,615 of March 24, 1998 passes the extra vigorous of the following art. 18-A:

" Art. 18-A. Without prejudice to the provisions of the art. 18, the non-profit entities components of the National Desport System, referred to in the single paragraph of the art. 13, will only be able to receive resources from the direct and indirect federal public administration if:

I-your president or maximum leader have the mandate of up to 4 (four) years, allowed 1 (a) single re-driving ;

II-meet the provisions set out in points "b" a "and" of § 2º and in § 3º of the art. 12 of Law No. 9,532 of December 10, 1997 ;

III-to fully target the financial results for the maintenance and development of its social goals ;

IV-be transparent in management, including for economic and financial data, contracts, sponsors, image rights, intellectual property and any other aspects of management ;

V-ensure the representation of the category of athletes of the respective modalities within the bodies and technical advice tasked with the approval of regulations of competitions ;

VI-ensure the existence and autonomy of its fiscal advice ;

VII-establish in its statutes:

a) definition principles of democratic management ;

b) instruments of social control ;

c) transparency of the management of resource movement ;

d) internal surveillance ;

e) alternation in the exercise of the driving positions ;

f) approval of annual account installments by board of direction, preceded by opinion of the tax council ; and

g) participation of athletes in the driving collegiate and in the election for the entity's posts ; and

VIII-guarantee to all associates and affiliates unrestricted access to documents and information relating to accountability, as well as to those related to the management of the respective sports administration entity, which should be published in full on the electronic site of this.

§ 1º Sports practice entities are dispensed with the conditions laid down:

I-in the inciso V of the caput;

II-in the paragraph "g" of the inciso VII of the caput; and

III-in the inciso VIII of the caput, as for the commercial contracts concluded with confidentiality clause, ressaved, in this case, the supervisory competence of the tax council and the obligation of the correct accounting record of revenue and expense of them arising.

§ 2º The verification of compliance with the requirements contained in the incisos I to VIII of the caput of this article will be the responsibility of the Ministry of Sport.

§ 3º For the purposes of the provisions in the inciso I of the caput:

I-will be respected the term of office of the president or maximum leader elected prior to the duration of this Act ;

II-are ineligible the spouse and the consangutal relatives or related to the 2º (second) degree or by adoption.

§ 4º As of the 6º (sixth) month counted from the publication of this Act, the entities referred to in the caput of this article will only do jus to the provisions of the art. 15 of Law No. 9,532 of December 10, 1997, and in the arts. 13 and 14 of the Provisional Measure No. 2.158-35 of August 24, 2001, if they comply with the requirements laid down in the incisos I to VIII of the caput. "

Art. 20. This Act shall enter into force on the date of its publication.

Single Paragraph. The willing on art. 18-A, in addition to Law No. 9,615 of March 24, 1998, it produces effects from the 6º (sixth) month counted from the publication of this Act.

Brasilia, October 15, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Guido Mantega

Mercadante Aloizio

Alexandre Rocha Santos Padilha

Tereza Campello

Marta Suplicy

Aldo Rebelo

Gilberto Carvalho

Guilherme Afif Domingos