Law No. 10890, 2 July 2004

Original Language Title: Lei nº 10.890, de 2 de Julho de 2004

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LEI No. 10,890, DE July 2, 2004

Authorizes, in exceptional character, the anticipation of the transfer of resources provided for in art. 1º-A of the Law No 10,336 of December 19, 2001, under the conditions that it specifies.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º The Union, in exceptional character and upon a proposal from the Ministry of National Integration, will anticipate the States and the Federal District, in whose areas damage occurs in the transport infrastructure depending on the emergency or state of affairs of public calamity, recognized by the Federal Executive Power, the transfer of resources provided for in art. 1º-A of Law No. 10,336 of December 19, 2001, exclusively in relation to the parcel belonging to the States and the Federal District.

§ 1º The recognition of the existence of transport infrastructure damage, depending on the emergency situation or state of public calamity referred to in the caput of this article, will be carried out by the Ministry of National Integration, upon specific act expedition to that end, heard the Ministry of Transport when it comes to paved roadway damage interconnected with the federal road mesh.

§ 2º The act referred to in § 1º of this article should establish estimation of the resources required for effecting the repairs, with such estimation representing the maximum limit for transfer anticipations to be effected, without prejudice to the provisions of § 3º of this article.

§ 3rd The transfer referred to in the caput of this article will be effected up to 10º (tenth) working day of the subsequent month to the month of collection, or months immediately prior to the month of the transfer anticipation, and shall respect the percentage determined in § § 2º and 3º of the art. 1º-A of Law No. 10,336 of December 19, 2001, plus Law No. 10,866 of May 4, 2004.

§ 4th At the time of the transfer of resources referred to in § 1º of the art. 1º-A of the Act No 10,336 of December 19, 2001, the Union shall promote the deduction of the values eventually anticipated to the States and the Federal District.

§ 5º The resources provided for in the caput of this article are to be applied in transport infrastructure in the areas affected by the emergency or state of public calamity, staying waived, for these resources, the intended destination in the work programmes referred to in § § 7º and 12 of the art. 1º-A of Law No. 10,336 of December 19, 2001.

§ 6º The States and the Federal District should forward, together with the report provided in § 11 of the art. 1º-A of Law No. 10,336 of December 19, 2001, the demonstratives of the budgetary and financial implementation relating to applications made with the resources provided for in the caput of this article.

Art. 2º The willing on art. 1º of this Act applies, too, in relation to states that have had areas declared in an emergency or state of public calamity, thus recognized by the Federal Government, in the period 1º from January 2004 to the date of publication of this Law, in which the transport infrastructure is still to remain damaged in the event of events that originated the said declaration.

Art. 3º The amendment shall be authorized by no later than 2 (two) times and complied with the month of maturity, of the date of due of the provision of the contracts awarded to the ampal of the Interim measure No. 2.185-35 of August 24, 2001, and its editions previous.

Art. 4º Revoga the art. 10 of Provisional Measure No. 2.185-35 of August 24, 2001.

Art. 5º This Act shall enter into force on the date of its publication.

Brasilia, July 2, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Antonio Palloci Filho

Ciro Ferreira Gomes