Advanced Search

Decree No. 7505, Of 27 June 2011

Original Language Title: Decreto nº 7.505, de 27 de Junho de 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO7,505, DE June 27, 2011

Altera the Decree # 7,257, of August 4, 2010, which regulates the Provisional Measure #494, of July 2, 2010, converted into Law #12,340, of 1o of December 2010, to displace on the Civil Defense Payment Card-CPDC, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, incisos IV and VI, paragraph "a," of the Constitution, and in view of the provisions of Law No. 12,340, 1º December of

D E C R E T A:

Art. 1º The arts. 11 and 15 of Decree No 7,257 of August 4, 2010, pass vigorously with the following essay:

" Art. 11. ..................................................................................

§ 1º Constated the presence of vices in the documentation presented, malversation, deviations or use of the resources transferred in accordance with the provisions of Law No. 12,340, 2010, and in this Decree, the Ministry of National Integration will suspend the release of the resources and will not be effected new transfers to the body or entity of the State, Federal District or Municipality beneficiary until the situation is regularised, as well as suspending the use of the CPDC, when it is the case.

§ 2º The use of resources in discompliance with the actions specified by the Ministry of National Integration will entail the body or entity of the State, Federal District or Municipality beneficiary the obligation to return them properly updated, as per legislation applicable.

§ 3º The Ministry of National Integration shall notify the body or entity of the State, Federal District or Municipality beneficiary, whose use of the transferred resources is deemed to be irregular, so that it presents justification within thirty days.

§ 4º If the reasons given in the justification of which it treats § 3º do not demonstrate the regularity in the application of resources, the Ministry of National Integration will give science of the fact to the body or entity of the State, Federal District or Municipality beneficiary, which should arrange for the return of the resources within thirty days.

§ 5º In the non-return assumption of resources by the organ or entity of the State, Federal District or Municipality beneficiary notified, the Ministry of National Integration should communicate the fact to the competent internal or external control bodies for the adoption of the cableable measures.

§ 6º In cases where the hypotheses of malversation, misuse and diversion of the transferred resources are found by the State's own body or entity, Federal District or Municipality beneficiary, the CPDC should be immediately blocked in relation to the carrier responsible for the conduct, and the authorities referred to in the caput and § 1º of the art may be. 9º-B, assign new holder.

§ 7º The administrative process instituted for disciplinary purposes in the hypotheses provided for in § 6º shall be reproduced in physical or electronic means for immediate communication to the Ministry of National Integration and the Controller-General of the Union. " (NR)

" Art. 15. The Ministry of National Integration will accompany and monitor the application of the transferred resources in the manner provided for in art. 8º, and may expedite additional standards for compliance with the provisions of this Decree. "(NR)

Art. 2º The Decree No. 7,257, 2010, passes the following addition to the following articles:

" Art. 9º-A. The payment of the expenses incurred by the recipient with the resources transferred by the Ministry of National Integration for the execution of the actions specified in the incisos V, VI and VII of the art. 2º will be effected through the Civil Defense Payment Card-CPDC, linked to the specific account held at the federal official financial institution, pursuant to this Decree.

Single Paragraph. The CPDC is instrument of payment, issued on behalf of the body or entity of the State, Federal District or Municipality beneficiary, operationalised by federal official financial institution contracted and used exclusively by the holder in it identified, respected the limits of this Decree.

Art. 9º-B. The legal representative of the body or entity of the State, Federal District or Municipality beneficiary shall be the authority responsible for administering the resources with the use of the CPDC, and shall compete in addition to other responsibilities established in the legislation and specific regulations:

I-define the servers or employees public, with permanent bond, carriers of the CPDC ;

II-define the limit of use and the value available for each CPDC holder ;

III-change the limit of use and the value available for each CPDC holder ; and

IV-expedite the order for provision of the limits, electronically, along with the financial institution.

§ 1º There can be delegation of the skills provided in the caput to state or municipal secretaries, as well as the server or public servant with permanent link in the state or municipal scope.

§ 2º The authority in charge of administration of resources with the use of CPDC, will sign Term of Liability Administrator of Federal Resources of Civil Defense, which will contain its obligations and duties in the use of the card, as specified in the act of the Minister of State of National Integration.

§ 3º For the operationalization of CPDC, it will firmed:

I-technical cooperation agreement between the and the federal official financial institution, which will contain the obligation to send, by means electronic or magnetic, the CPDC's moving information to the Ministry of National Integration and the Union's Controller-General, as well as to discipline the form and periodicity of this submission.

II-specific contract among the institution federal official financial and the body or entity of the State, Federal District or Municipality beneficiary, which will grant express permission of access to the CPDC's move extracts to the Ministry of National Integration and the Controller-General of the Union, for the purposes of control and disclosure in the Transparency Portal, instituted by Decree No 5,482 of June 30, 2005.

§ 4º The use of CPDC will not waiver the organ or entity of the State, Federal District or Municipality recipient of the presentation to the Ministry of National Integration of the accountability of the total resources received, under the current legislation.

Art. 9º-C. In performing the resources transferred by the Union, they are vetoed:

I-the acceptance of any addition in the value of the expenditure arising from the use of the CPDC ;

II-the use of the CPDC abroad ;

III-the collection of membership fees, maintenance, annuities or any other expenses arising from the obtaining or use of the CPDC ; and

IV-the realization of saque in cash by middle of the CPDC.

Art. 9º-D. The authority responsible for the administration of the resources will be the main CPDC holder of the body or entity of the State, Federal District or Municipality beneficiary.

§ 1º Powers to be authorized as carriers of the CPDC the agents referred to in the inciso I of the art. 9º-B and the state and municipal secretaries, which will establish the Portador's Term of Responsibility before the authority responsible for administering the resources of the recipient or beneficiary entity, which shall contain its obligations and duties.

§ 2º The organ or entity of the State, District Federal or Municipality beneficiary will refer to the Ministry of National Integration and the General Controller of the Union listing containing the following data from the CPDC holders:

I-name ;

II-job, employment or function in addition to your functional tuition on the one or entity ;

III-residential address ; and

IV-number in the Physical Person Cadastro- CPF.

§ 3º Are CPDC holder duties, in addition to others defined in the term of liability, referred to in § 1º of this article:

I-guard and zeal of the card ;

II-good employment of the values in it contained ;

III-prohibition of authorization of use by someone else ;

IV-communication to authorities about loss or theft ; and

V-guard of tax notes, receipts or any other document that proves the expense paid with the CPDC, and that contains, at the very least:

a) the name of the payee of the payment ;

b) the number in the Physical Person Cadaster-CPF or National Cadastro of Legal Person-CNPJ ;

c) the address of the physical person or the commercial establishment ;

d) the paid value ; and

e) the summary description of the payment object, with quantitative. " (NR)

Art. 3º Until the CPDC is fully implemented, the already existing forms of implementation of the transferred resources may be used, competing with the Ministry of National Integration the specific portry expedition available on the phases of implementation of the CPDC, observed the provisions of this Decree.

Art. 4º This Decree shall enter into force on the date of its publication.

Brasilia, June 27, 2011 ; 190º of the Independence and 123º

of Republic.

DILMA ROUSSEFF

Guido Mantega

Iraneth Rodrigues Monteiro

Fernando Bezerra Coelho

Jorge Hage Nephew