PROVISIONAL MEASURE # 665, OF December 30, 2014

Altera the Law #7,998, of January 11, 1990, which regulates the Insurance-Unemployment Program, the Salary allowance and Establish the Amparo Fund to Worker-FAT, amend Law No.10,779 of November 25, 2003, which has on unemployment insurance for artisanal fisherman, and gives other arrangements.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Law No. 7,998 of January 11, 1990 passes vigorously with the following changes:

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

I-have received salaries of legal person or physical person to it equip, relative:

a) at least eighteen months in the last twenty-four months immediately prior to the date of the dispensation, when of the first request ;

b) at least twelve months in the last sixteen months immediately prior to the date of the dispensation, when of the second solicitation ; and

c) to each of the six months immediately preceding the date of dispensation when of the other requests ;

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

" Art. 4º The benefit of the unemployment insurance shall be granted to the unemployed worker for a variable maximum period of three to five months, in a continuous or alternating manner, to each acquisition period, the duration of which, from the third solicitation, shall be defined by the Codefat.

§ 1º The benefit of the unemployment insurance can be resumed every new acquisition period, satisfied the conditions arched in the incisos I, III, IV and V of the art caput. 3º.

§ 2º The determination of the maximum period mentioned in the caput will observe the following ratio between the number of monthly instalments of the unemployment insurance benefit and the worker's service time in the thirty-six months preceding the waiver date that originated the requirement for insurance-unemployment, vetoed the comic of employer linkages used in previous acquisitive periods:

I-for the first request:

a) four installments, if the worker vouches for an employment bond with legal person or physical person to it, of at least eighteen and at most twenty-three months, in the reference period ; or

b) five installments, if the worker vouches for an employment link with legal person or physical person to it, of at least twenty-four months, in the reference period ;

II-for the second request:

a) four installments, if the worker ascertain employs employment with legal person or physical person to it, of at least twelve months and at most twenty-three months, in the reference period ; or

b) five installments, if the worker vouches for employatory links with legal person or physical person to it, of at least twenty-four months, in the reference period ; and

III-from the third request:

a) three installments, if the worker vouches for an employment link with legal person or physical person to it, of at least six months and at maximum eleven months, in the reference period ;

b) four installments, if the worker vouches for an employment bond with legal person or physical person to it, of at least twelve months and at most twenty-three months, in the reference period ; or

c) five installments, if the worker vouches for an employment link with legal person or physical person to it, of at least twenty-four months, in the reference period.

§ 3º The fraction equal to or greater than fifteen days of work will be halife as full month for the effects of § 2º.

§ 4º The maximum period of which it treats the caput may be exceptionally prolonged for up to two months, for specific groups of insured persons, at the discretion of the Codefat, provided that the additional spending represented by this extension does not exceeds, in each semester, ten per cent of the amount of the Minimum Liquidity Reservation that it treats § 2º of the art. 9º of Law No 8,019 of April 11, 1990.

§ 5º In the hypothesis of extending the maximum period of perception of the benefit of unemployment insurance, the Codefat will observe, among other variables, the geographical and sectoral evolution of unemployment rates in the Country and the average time of unemployment of specific groups of workers. " (NR)

" Art. 9º The receipt of annual salary allowance shall be ensured, at the maximum value of a minimum wage in force on the date of the respective payment, to employees who:

I-have realized, from employers who contribute to the Social Integration Program-PIS or to the Public Server Heritage Training Program-Pasep, up to two average minimum monthly remuneration salaries in the period worked and who have exercised uninterrupted gainful activity for at least one hundred and eighty days in the year-base; and

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

§ 1º In the case of beneficiaries of the PIS-Pasep Participation Fund, they will be computed at the value of the salary allowance the income provided by the respective individual accounts.

§ 2º The value of the annual salary allowance that it treats the caput will be calculated in proportion to the number of months worked over the year-base. " (NR)

" Art. 9º-A. The allowance will be paid by the Banco do Brasil S.A. and by the Federal Economic Box upon:

I-deposit on behalf of the worker ;

II-saque in kind ; or

III-payroll.

§ 1º To Banco do Brasil S.A. it will be up to the payment to the servants and employees of the taxpayers mentioned in art. 14 of Decree-Law No. 2,052 of August 3, 1983, and to the Federal Economic Box, to employees of taxpayers to which the art refers. 15 of the same Decree-Law.

§ 2º The paying financial institutions will maintain in their power, at the disposal of the making authorities, by process that makes it possible for their immediate recovery, the voucher for payments effected. " (NR)

Art. 2º Law No. 10,779 of November 25, 2003 passes vigorously with the following changes:

" Art. 1º The professional fisherman who exercises his / her exclusive and uninterrupted activity in an artisanal manner, individually or in a family economy scheme, will do jus to the benefit of insurance-unemployment, worth a monthly minimum wage, during the period of smoothing activity of fishing activity for the preservation of the species.

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

§ 3º It is considered uninterrupted the activity exerted during the period between the previous and the current defenseman, or in the twelve months immediately preceding that of the ongoing defenseman, whatever is smaller.

§ 4º The artisanal professional fisherman will not do jus to more than one insurance benefit-unemployment in the same year stemming from defencesrelative to distinct species.

§ 5º The benefit concession shall not be extendable to fishing support activities and nor to the family members of the professional fisherman who do not meet the requirements and conditions set out in this Act.

§ 6º The benefit of the unemployment-unemployment is personal and intransferable.

§ 7º The receiving period of the benefit may not exceed the variable maximum limit of which it treats the art caput. 4º of Law No. 7,998 of January 11, 1990, re-salvaged the provisions of § 4º of that Article. " (NR)

" Art. 2º It is up to the National Social Insurance Institute-INSS to receive and process the applications and to empower the beneficiaries under the Regulation.

§ 1º To make jus for the benefit, the fisherman shall not be able to be in enjoyment of any benefit arising from income transfer program with conditionalities or previdual or assistencial benefit of a continuing nature, except pension for death and aid-accident.

§ 2º In order to qualify for the benefit, the fisherman should submit to the INSS the following documents:

I-registration as Professional Fisherman, craft category, duly updated in the General Register of Fishing Activity-RGP, issued by the Ministry of Fisheries and Aquaculture, at least three years in advance, counted from the date of the application of the benefit ;

II-copy of the tax document of sale of the fish to the acquiring, consumer or consignment note of the production, in which it consents, in addition to the registration of the carried out, the value of the respective previdual contribution, of which it treats the § 7º of the art. 30 of Law No. 8,212 of July 24, 1991, or voucher for the collection of the pension contribution, should you have marketed your production to the physical person ; and

III-others established in act of the Social Welfare Ministry that voucher:

a) the exercise of the profession, in the form of art. 1º of this Act ;

b) that has engaged in fishing, in uninterrupted character, during the period defined in § 3º of the art. 1º of this Act ; and

c) that does not have another source of diverse income from the resulting fishery activity.

§ 3º The INSS, in the act of the benefit to the benefit, should check the condition of the insurer artisanal fisherman and the payment of the pension contribution under Law No. 8,212 of 1991, in the last twelve months immediately prior to the application for the benefit or from the last closed period until the application for the benefit, whatever is minor, observed, where applicable, the provisions of the inciso II of § 2º.

§ 4º The Social Welfare Ministry may, when it departs necessary, require other documents for the habilitation of the benefit. " (NR)

Art. 3º This Provisional Measure comes into effect:

I-sixty days after its publication as to the amendments of the art. 3º and art. 4º of Law No. 7,998 of January 11, 1990, established in art. 1º and the inciso III of the art caput. 4º;

II-on the first day of the fourth month subsequent to the date of its publication as to art. 2º and the inciso IV of the art caput. 4º; and

III-on the date of its publication, for the other devices.

Art. 4º Stay revoked:

I-Law No. 7,859 of October 25, 1989 ;

II-the art. 2º-B, the inciso II of the art caput. 3º and the single paragraph of art. 9º of Law No 7,998 of January 11, 1990 ;

III-the Law No 8,900 of June 30, 1994 ; and

IV-the single paragraph of art. 2º of Law No 10,779 of November 25, 2003.

Brasilia, December 30, 2014 ; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Manoel Days

Garibaldi Alves Filho