PROVISIONAL MEASURE # 636, OF December 26, 2013

Provides on the settlement of credits granted to the settlements of agrarian reform, grants remission in the cases where it specifies and gives other arrangements.

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

Art. 1º The credits granted to the settlements of agrarian reform, in the period from October 10, 1985 to the date of publication of this Provisional Measure, intended for construction, extension or housing reform, effectuated by means of credit of installation of which treats the inciso V of the art caput. 17 of Law No. 8,629 of February 25, 1993 and financial assistance that deals with the inciso VI of the art caput. 73 of Law No. 4,504 of November 30, 1964, may be settled under the same conditions of payment of the National Rural Housing Programme-PNHR, instituted by Law No. 11,977 of July 7, 2009, pursuant to the provisions of the Regulation.

§ 1º The provisions of this Article achieves the following modalities of credits granted by the INCRA for the purposes of construction or rural housing reform:

I-Habitation Credit ;

II-Credit for Acquisition of Construction Material ; and

III-Credit Recovery-Construction Material.

§ 2º The given values, discounted any depreciation, should be updated at the rate of 0.5% (five tenths per cent) to the year since the date of the grant to the date of formalization.

§ 3º For the framing effect of the credits under the PNHR payment conditions, it will be considered exclusively the contracted value, updated in the form of § 2º, as per the bands established in act of the federal Executive Power, no being applicable the limits and lanes of income of which it treats § 3º of the art. 13 of Law No. 11,977, 2009.

§ 4º The accession to the benefit for liquidation that it treats the caput implies irrevocable and irreparable confession of the debits concerning the values ascertained under this article.

§ 5º The management of the credits of which it treats the caput will remain under the responsibility of the INCRA, which may hire federal financial institution for its operationalization.

§ 6º The settlement conditions for which this article applies shall apply to the rightful heir, provided that he resides in the real estate on the occasion of the opening of the succession.

§ 7º The conditions of payment provided for in the caput shall benefit the current occupant of the agrarian retirement lot, in the case of substitution of beneficiary in the form laid down in regulation, after the due exclusion of the candidate switched off from the program.

§ 8º The regulation referred to in the caput shall establish terms, conditions, deadlines, rebates for liquidation and simplified procedures for compliance with the provisions of this article.

Art. 2º The property of housing built with features of the credits of which it treats the art caput. 3º or PNHR will only be passed on to the beneficiary of the National Agrarian Reform Program when from the transfer of entitlement of the lot.

Art. 3º Stay remitted the installation credits granted to the settlement of agrarian reform on the grounds of the inciso VI of the art caput. 73 of Law No. 4,504, of 1964, and in the inciso V of the art caput. 17 of Law No. 8,629, from 1993, in the period from October 10, 1985 to the date of publication of this Provisional Measure, whose values originally granted, in one or more operations, add up to R$ 10,000.00 (ten thousand reais) per beneficiary.

§ 1º The credits provided for in this article exclude those of the modalities of which it treats § 1º of the art. 1º and include all those carried out in the ampairing of the Implantation Credit Program and Installation Credit to the settled families, under the modalities of:

I-Credit for Support ;

II-Initial support ;

III-Food ;

IV-Insumos ;

V-Support for Installation ;

VI-Mulher Support ;

VII-Fomento ;

VIII-Additional Fomento ;

IX-Emergency Credit ;

X-Semi-Arid ;

XI-Additional Semi-Árido;

XII-Rehabilitation of Production Credit ; and

XIII-Environmental Credit.

§ 2º The installation credits whose sum of the originally given values is more than R$ 10,000.00 (ten thousand reais), discounted any depreciation, should be updated at the rate of 0.5% (five tenths per cent) to the year to from the date of the grant of each credit to the date of the settlement or formalization of the renegotiation, observed the following conditions:

I-liquidation: rebate of 80% (eighty per cent) over the total debtor balance, plus fixed value discount of R$ 2,000.00 (two thousand reais), observed the limit of R$ 12,000.00 (twelve thousand reais) for the sum of the rebate and the discount of fixed value ; and

II-renegotiation: in the form defined in the regulation, including with the granting of adimation bonuses.

§ 3º For the purposes of framing in the provisions of this article, when dealing with collective or graying credits, the values will be ascertained by the result of the division of the value originally granted by the number of persons benefitting with the credit.

§ 4º The option for liquidation or renegotiation implies irrevocable and irredeemable confession of the debits and will not import the return of values to the beneficiaries.

§ 5º The remission that it treats this article will not matter the return of values to beneficiaries.

§ 6º The Regulation shall establish terms, conditions, adimation bonuses, deadlines and simplified procedures for compliance with the provisions of this article.

Art. 4º The credits granted but eventually not transferred shall be considered for the purpose of framing on the settlement or renegotiation of which they treat the arts. 1º and 3º.

Art. 5º Applies the provisions of the art. 2º of Law No. 10,522 of July 19, 2002, to unregularized obligations arising from installation credits granted to beneficiaries of the National Agrarian Reform Programme, without prejudice to other sanctions defined in regulation.

Art. 6º The value of discounts and remissions arising from the measures provided for in art. 1º and at art. 3º will be recorded accounting under the INCRA, upon low of the haver against equity variation.

Art. 7º Remain debts regarding operations contracted between 1º January 2003 and December 31, 2004 through Rural-CPR Product Cédulas, under the Food Acquisition Program instituted by Law No. 10,696 of 2 of July 2003, whose originally contracted value is up to R$ 2,500.00 (two thousand and real five hundred reais) per beneficiary.

§ 1º The remission of which treats the caput covers only the debtor balance and will not import the return of values to borrowers.

§ 2º For the purposes of framing in the provisions of this article, when dealing with collective or graying operations or with cooperatives, the values shall be ascertained by the result of the division of the value originally contracted by the number of persons participating in the operation or the number of active cooperates.

§ 3º The value of the remissions provided for in the caput will be recorded in the accounts, within the Ministry of Social Development and Combat to the Famer, upon lower than haver against heritage variation.

Art. 8º As for rural credit operations to the ampal of the Special Credit Program for Agrarian Reform-Prowal, repaced or not, the Executive Power gets authorized, to:

I-remitting operations whose sum of the debtor balances by borrower, on the date of the publication of this Provisional Measure, updated in the form of the regulation, is up to R$ 10,000.00 (ten thousand reais) ; and

II-grant economic grants in the form of rebates and adimistence bonuses for operations whose sum of the debtor balances by borrower, on the date of the publication of this Provisional Measure, updated in the form of the Regulation, be higher than R$ 10,000.00 (ten thousand reais).

§ 1º The Executive Power Act shall establish the terms, deadlines, procedures and other measures necessary to comply with the provisions of this Article, including the form of updating the debtor balance and the conditions for the award of rebates and adimmentation bonus.

§ 2º For the purposes of framing in the provisions of this article, the debtor balances of rural credit operations contracted with co-operatives, associations and condominials of rural producers, including operations in modality grupal or collective, will be ascertained:

I-by ballots-daughter or individual credit instrument firmed by final beneficiary of credit ;

II-in the case of crural or collective rural credit, by the result of the division of the debtor balance by the number of borrowers constant of the credit ballot ; and

III-in the case of operation that has not involved resting of resources to cooperates or associates, by the result of the division of the debtor balances by the total number of cooperative or active associates of the entity on the date of publication of this Interim Measure.

§ 3º Rural credit operations of the unremitted or unsettled Procera on the basis of this article fall under management of the INCRA.

§ 4º The risk of the rural credit operations of the PROCERA will be imputed:

I-to the respective Constitutional Funds, when contracted with resources from these Funds ;

II-to the Union, when contracted with resources from the General Budget of the Union-OGU.

§ 5º It is authorized to individualize individual, grupsal or collective rural credit operations, made with aval, framed in the Procera, observed the provisions of the arts. 282 a 284 of the Civil Code-Law No. 10,406 of January 10, 2002, and, in the form established by the National Monetary Council-CMN, the replacement or release of guarantees, including cases where operations may be guaranteed only by the personal obligation of the debtor.

§ 6º The Union and the North-FNO Financing Constitutional Constitutional Funds, North-FNE and the Midwest? FCO will assume, respectively, the costs arising from the measures of which it treats this article, on the operations to which they are linked.

Art. 9º It is the Executive Power, after the realisation of the remissions and settlements of which it treats art. 8º, authorized to extinguish the Fund of the Special Credit Program for Agrarian Reform-Prowal and adopt the measures necessary for the ascertaining and targeting of the assets, for the purpose of the liquidation of the Fund.

Single Paragraph. The Fund's remaining obligations and possessions will be allocated to the Union under management of the INCRA, except the obligations arising from credit operations contracted with FNO, FNE and FCO resources that will be charged to those imputed.

Art. 10. Law No. 8,629 of 1993 passes vigorously with the following changes:

" Art. 17. ................................................................................................................

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§ 1º For the consolidation of the projects dealing with the inciso V of the caput, it is the Executive Power authorized to grant installation credits to the settlements under the Regulation.

§ 2º It may be hired as a federal financial institution for the operationalization of the concession referred to in the inciso V of the caput, dispensed with bidding.

§ 3º The expenditure on the granting of credit for the inciso V of the caput shall suit the budgetary and financial availabilities of the body responsible for the implementation of the said programme.

§ 4º The Regulation referred to in § 1º shall set deadlines, carencies, terms, conditions, rebates for liquidation and simplified procedures for compliance with the provisions of this article. " (NR)

" Art. 18. .............................................................................................................

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§ 3º The value of the divestment will be defined on the basis of the minimum value set in the price-referential sheet, on which they will focus reductors set out in regulation.

§ 4º The conditions for payment, deficiency and financial charges will be defined in regulation.

§ 5º The divestment of lots of up to a fiscal module, in settlement projects created on federal public lands, will happen free of charge.

§ 6º They are considered non-refundable values for the infrastructure works of collective interest, the costs spent on the settlement development plan and the measurement and demarcation services topographic.

............................................................................................................ " (NR)

" Art. 24. Agrarian reform actions must be compatible with the actions of agricultural policy and social policies and with the constant programmes in the Union's Pluriannual Plan. " (NR)

Art. 11. The acquisition authorized by art. 6º of Law No. 12,806 of May 7, 2013, may be made by June 30, 2014.

Art. 12. This Provisional Measure comes into force on the date of its publication.

Art. 13. It is revoked the art. 9º of Law No. 10,696 of July 2, 2003.

Brasilia, December 26, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Miriam Belchior

Gilberto Jose Spier Vargas