PROVISIONAL MEASURE # 2.075-36, OF February 22, 2001

Provides on the adoption of measures related to the Financial System of Housing-SFH, changes the Laws No. 4,380, August 21, 1964, 8,036, May 11, 1990, and 8,692, of July 28, 1993, 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 It will be admitted under the Financial System of 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 housing finance operations carried out with resources from the Service Time Guarantee Fund-FGTS, the FGTS Curator Board will be able to define the plans for re-adjustment of the monthly charge to be applied in them.

Art. 2º SFH financial agents will be able to hire financing where the securitarian coverage will give in on a different policy from the Housing Financial System Housing Insurance, provided that the operation provides, compulsorily, at the very least, the coverage concerning 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 funded under the Financial System of Housing. " (NR)

Art. 5º Law No. 8,036 of May 11, 1990, passes vigorously with the following changes:

" Art. 9º ......................................................................

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§ 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. 20. ....................................................................

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

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§ 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 SFH conditions.

§ 18. The personal turnout of the linked account holder for the payment of the withdrawal in the hypotheses provided for in the incisos I, II, III, VIII, IX and X of this article is indispensable, except in the event of serious medical expertise proven by medical expertise, when it will be pays the prosecutor specially constituted for that purpose. " (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. 29-A. Any claims relating to the correction of the balances of the FGTS linked accounts will be settled upon launch by the operator agent on the respective worker's account. " (NR)

" Art. 29-B. No injunction shall be made for a safety warrant, in the precautionary procedure or in any other actions of a cautionary or preventive nature, nor the anticipated tutelage provided in the arts. 273 and 461 of the Code of Civil Procedure that entail drawing or handling of the employee's linked account at FGTS. " (NR)

Art. 6º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2.075-35 of January 25, 2001.

Art. 7º This Provisional Measure comes into force on the date of its publication.

Art. 8º Ficam 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, February 22, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente