Provisional Measure No. 1,951-24, Of 30 March 2000

Original Language Title: Medida Provisória nº 1.951-24, de 30 de Março de 2000

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PROVISIONAL MEASURE # 1.951-24, OF March 30, 2000.

Disposal on the adoption of measures relating to the Financial System of Housing-SFH, changes the Laws #s 4,380, August 21, 1964, 8,036, May 11, 1990, and 8,692, of July 28, 1993, and gives others provider.

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

Art. 1º It will be admitted under the Financial System for Housing-SFH to the conclusion of financing contracts with plans for adjustment of the monthly burden other than those provided for in Law No. 8,692 of July 28, 1993.

Single Paragraph. In the operations of housing finance carried out with resources from the Service Time Guarantee Fund-FGTS, the FGTS Curator Council will be able to define the monthly job readjustment plans to be implemented in them.

Art. 2º SFH financial agents will be able to hire financing where the securitarian coverage will give in other than the Housing Financial System Housing Insurance, provided that the operation necessarily provides, at the very least, to coverage of the risks of death and permanent disability.

Art. 3º The art. 25 of Law No. 8,692, 1993, passes vigorously with the following essay:

?Art. 25. In the financing concluded under the Housing Financial System, the effective rate of interest will be at most twelve per cent per year.?(NR)

Art. 4º The inciso III of the art. 18 of Law No. 4,380 of August 21, 1964, passes vigorously with the following essay:

?III-establish the general conditions to which they are expected to meet the applications of the Housing Financial System as to guarantees, interest, deadlines, risk limits and maximum amounts of financing and acquisition of real estate financed under the Financial System of Housing.?(NR)

Art. 5º The art. 9º of Law No. 8,036 of May 11, 1990, passes in addition to the following paragraphs:

?§ 6º Maintained the average profitability of which treats § 1º, applications in popular housing will be able to contemplate systematic discount, directed at the beneficiary's family income, where the benefit value is granted upon reduction in the value of benefits to be paid by the borrower or payment of part of the real estate acquisition or construction, among others, at the discretion of the FGTS Curator Board.

§ 7º The resources required for the achievement of the systematic discount will be highlighted annually from the FGTS' resource application budget, constituting specific reserve, with accounting of its own.?(NR)

Art. 6º The arts. 20 and 23 of Law No. 8,036, 1990, pass vigorously with the following changes:

?Art. 20. ...................................................................................................................................

I-farewell without just cause, including indirect, of reciprocal guilt and force majer ;

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

§ 17. The movement of the FGTS-linked account in the modalities provided for in the incisos V, VI and VII of this article, in the operations affirmed from June 25, 1998, shall be given in the case where the purchaser is already a proprietor or a promising purchaser of real estate located in the Municipality where you reside, as well as in the case where the purchaser already detain, in any part of the Country, at least one funding under the conditions of the SFH.?(NR)

?Art. 23. ...................................................................................................................................

§ 1º .........................................................................................................................................

I-do not deposit monthly the percent referring to the FGTS, as well as the values predicted in art. 18 of this Act, within the deadlines of which it treats § 6º of the art. 477 of the Consolidation of Labor Laws-CLT ;

..................................................................................................................................................?(NR)

Art. 7º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.951-23 of March 2, 2000.

Art. 8º This Provisional Measure shall come into force on the date of its publication.

Art. 9º Stay revoked § 1º of the art. 9º and the art. 14 of Law No. 4,380 of August 21, 1964 and the art. 23 of Law No. 8,692 of July 28, 1993.

Brasilia, March 30, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Francisco Dornelles

Martus Tavares