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Provisional Measure No. 2,087-33, June 13 2001

Original Language Title: Medida Provisória nº 2.087-33, de 13 de Junho de 2001

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PROVISIONAL MEASURE # 2,087?33, DE June 13, 2001

Has over the administration of the National Treasury cash resources, consolidates and updates the relevant legislation to the subject and gives other arrangements.

THE PRESIDENT 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 The financial resources of all sources of revenue from the Union and its public authorities and foundations, including funds by them administered, shall be deposited and moved exclusively through the mechanisms of the single account of the National Treasury, in the form regulated by the Executive Power.

Single Paragraph. In cases where specific operational features do not allow financial handling by the National Treasury's single cash system, the resources may exceptionally be at the discretion of the Minister of State of the Farm, be deposited in the Bank of Brazil S.A. or in the Federal Economic Box.

Art. 2º As of 1º January 1999, resources from the funds, municipalities and federal public foundations will not be able to be applied in the financial market.

§ 1º The Minister of State for Finance, in exceptional cases, may authorize the entities referred to in the caput of this article to make applications in the financial market, observed the provisions of the single paragraph of the art.

§ 2º To entities it refers to art. 1º who possess, on December 15, 1998, legislative authorization to carry out financial applications of their availabilities is ensured the remuneration of their applications, which will not be able to exceed the incident on the single account.

§ 3º The resources that are applied in the financial market on December 31, 1998 are to be transferred to the single account of the National Treasury on January 4, 1999 or, in the case of application requiring compliance deadline for ransom or for obtaining income, on the date of the respective maturity or on the day immediately after that of the income payment.

§ 4º The public authorities and foundations, the funds by them administered, as well as the organs of the direct Federal Public Administration, will be able to maintain in the single account of the National Treasury, in fixed-term applications, availabilities financial arising from revenue collection of own revenue, in the form regulated by the Ministry of Finance.

§ 5º At the fixed term applications of which it treats § 4º shall be ensured remuneration in the form of the provisions of § 2º of this article, staying vetoed before the set deadline.

§ 6º The resources that on the last day of each financial year remain applied in the form of § 4 ° of this article may be deducted from the amount of which it treats the inciso II of the art. 1º of Law No. 9,530 of December 10, 1997.

Art. 3º It shall be the National Treasury authorized to anticipate resources courses arising from any revenue for execution of the expenditure, up to the limit of the respective budgetary allocations, upon use of availabilities of box.

§ 1º The provisions of this article shall not impair the delivery of the revenues linked to the respective beneficiaries.

§ 2º The proven use of the linked revenues of the National Treasury, in the purposes for which they have been instituted, will be demonstrated upon annual report of the implementation of the budget expenditure.

§ 3º The provisions of this Article shall not apply to the constitutional transfers referred to in art. 159 of the Constitution

Art. 4º The provisions of this Provisional Measure does not apply to resources:

I? of the Central Bank of Brazil ;

II? of which it treats § 2º of the art. 192 of the Constitution

Art. 5º In the operations carried out by the member institutions of the National Financial System, the capitalization of interest with periodicity of less than one year is admissible.

Single Paragraph. Where necessary or when requested by the debtor, the determination of the exact value of the obligation, or of its debtor balance, shall be made by the creditor by means of calculation sheet that evidenced in a clear, precise and easy-to-understand manner and comprehension, the principal value of the debt, its contractual charges and expenses, the share of interest and the criteria of its incidence, the share corresponding to fines and other contractual penalties.

Art. 6º Stay convalidated the acts practiced on the basis of the Provisional Measure No. ­2.087?32, of May 17, 2001.

Art. 7º This Provisional Measure comes into force on the date of its publication and, salvaged the provisions of the art. 5º, it produces effects from 1º January 1999.

Art. 8º It is revoked the single paragraph of the art. 60 of Law No. 8,212 of July 24, 1991.

Brasilia, June 13, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente