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Decree Of 31 January 2013

Original Language Title: Decreto de 31 de janeiro de 2013

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DECREE OF January 31, 2013

Declares of public utility, for the purposes of dispropriation, in favor of the Autopista Régis Bittencourt S.A., the real estate that it mentions, located in the Municipality of Embu of the Arts, State of São Paulo.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers him on art. 84, caput, inciso IV, of the Constitution, in view of the provisions of art. 3º, art. 5º, caput, points "h" and "i", and art. 6º of Decree-Law No. 3,365 of June 21, 1941, at art. 29, caput, inciso VIII, and art. 31, caput, inciso VI, of Law No. 8,987 of February 13, 1995, and in accordance with the one in the ANTT Case No 50500.090551 /2011-55,

D E C R E T A:

Art. 1º Stay declared of public utility, for the purposes of dispossession, in whole or in part, in favor of the Autopista Régis Bittencourt S.A., the real estate covered and delimited by the topographical coordinates described below, excluded the public domain goods, situated on the banks of the Rodovia Régis Bittencourt, BR-116/SP, located in the Municipality of Embu of the Arts, State of São Paulo, necessary for the execution of the works of access device and return on dislevel in the km 277 + 700m:

I-Area 01, with divisa line departing from point 01, of coordinates N=7385112, 341969 and E=314004, 101085, being constituted by the related segments: segment 1-2-in straight line with azimute 180 ° 11'07 ", distance of 3,90m; segment 2-3? in straight line with azimute 186 ° 03'50 ", distance of 3,98m; segment 3-4-in straight line with azimute 189 ° 42' 57", distance of 3,95m; segment 4-5-in straight line with azimute 195 ° 07' 40 ", distance of 3,94m; segment 5-6-in straight line with azimute 193 ° 03'58 ", distance of 0,97m; segment 6-7-in straight line with azimute 190 ° 42' 07", distance of 6,95m; segment 7-8-in straight line with azimute 191 ° 02'49 ", distance of 6,92m; segment 8-9-in straight line with azimute 190 ° 33' 32", distance from 6,48m; segment 9-10-in straight line with azimute 189 ° 35'19 ", distance of 5,61m; segment 10-11-in straight line with azimute 194 ° 12' 27", distance of 1,71m; segment 11-12-in straight line with azimute 196 ° 53' 22 ", distance of 1,66m; segment 12- 13-in straight line with azimute 199 ° 04'31 ", distance of 1,71m; segment 13-14-in straight line with azimute 202 ° 17' 19", distance of 1,70m; segment 14-15-in straight line with azimute 204 ° 26' 39 ", distance from 1,70m; segment 15-16-in straight line with azimute 205 ° 33'30 ", distance from 1,16m; segment 16-17-in straight line with azimute 205 ° 32' 20", distance of 1,17m; segment 17-18-in straight line with azimute 207 ° 41'50 ", distance of 1,15m; segment 18-19-in straight line with azimute 207 ° 09'29 ", distance of 1,74m; segment 19-20-in straight line with azimute 207 ° 35' 50", distance of 1,76m; segment 20-21-in straight line with azimute 209 ° 20'09 ", distance of 1,72m; segment 21-22-in straight line with azimute 207 ° 39' 21", distance of 1,84m; segment 22-23-in straight line with azimute 208 ° 57'01 ", distance of 1,86m; segment 23-24-in straight line with azimute 210 ° 38' 01", distance of 1,82m; segment 24-25-in straight line with azimute 210 ° 27' 05 ", distance of 0,38m; segment 25-26-in straight line with azimute 189 ° 00'15 ", distance from 8,26m; segment 26-27-in straight line with azimute 171 ° 41'14", distance of 6,25m; segment 27-28-in straight line with azimute 163 ° 23' 50 ", distance from 4,35m; segment 28-29- in straight line with azimute 165 ° 44'19 ", distance of 9,88m; segment 29-30-in straight line with azimute 166 ° 52' 34", distance of 9,85m; segment 30-31-in straight line with azimute 172 ° 10' 46 ", distance from 7,17m; segment 31-32-in straight line with azimute 182 ° 09'19 ", distance of 4,69m; segment 32-33-in straight line with azimute 180 ° 00' 00", distance of 4,95m; segment 33-34-in straight line with azimute 164 ° 18'07 ", distance of 5,19m; segment 34-35-in straight line with azimute 156 ° 35' 19", distance of 4,18m; segment 35-36-in straight line with azimute 160 ° 01'45 ", distance of 3,31m; segment 36-37-in straight line with azimute 209 ° 21'34", distance of 3,31m; segment 37-38-in straight line with azimute 296 ° 26' 00 ", distance from 15 ,28m; segment 38-39-in straight line with azimute 291 ° 02' 33 ", distance from 10 ,32m; segment 39? 40-in straight line with azimute 280 ° 08'42 ", distance from 14 ,47m; segment 40-41-in straight line with azimute 275 ° 33' 03", distance of 1,92m; segment 41-42-in straight line with azimute 275 ° 02' 13 ", distance from 7,35m; segment 42-43-in straight line with azimute 272 ° 52'17 ", distance of 6,91m; segment 43-44-in straight line with azimute 269 ° 59' 05", distance of 3,98m; segment 44-45-in straight line with azimute 267 ° 04' 57 ", distance from 3,66m; segment 45-46-in straight line with azimute 263 ° 37'20 ", distance of 5,07m; segment 46-47-in straight line with azimute 262 ° 10' 07", distance of 5,57m; segment 47-48-in straight line with azimute 261 ° 59'45 ", distance of 4,82m; segment 48-49-in straight line with azimute 258 ° 07' 41", distance of 7,64m; segment 49-50-in straight line with azimute 253 ° 33'53 ", distance of 5,49m; segment 50-51-in straight line with azimute 252 ° 31'22", distance of 6,77m; segment 51-52-in straight line with azimute 251 ° 36' 53 ", distance of 3,53m; segment 52-53-in straight line with azimute 249 ° 23'56 ", distance of 5,65m; segment 53-54-in straight line with azimute 247 ° 09' 29", distance of 5,36m; segment 54-55-in straight line with azimute 245 ° 17' 21 ", distance from 2,63m; segment 55-56- in straight line with azimute 328 ° 56'32 ", distance of 5,37m; segment 56-57-in straight line with azimute 58 ° 56' 32", distance of 0,90m; segment 57-58-in straight line with azimute 55 ° 31'25 ", distance from 13 ,44m; segment 58-59-in straight line with azimute 53 ° 04'15 ", distance from 14 ,89m; segment 59-60-in straight line with azimute 51 ° 35' 13", distance of 6,41m; segment 60-61-in straight line with azimute 47 ° 27'23 ", distance from 10 ,13m; segment 61-62-in straight line with azimute 49 ° 12' 33", distance from 40 ,80m; segment 62-63-in straight line with azimute 45 ° 49'26 ", distance of 5,83m; segment 63-64-in straight line with azimute 33 ° 03' 17", distance from 24 ,37m; segment 64-65-in straight line with azimute 28 ° 39' 48 ", distance from 16 ,99m; segment 65-66-in straight line with azimute 43 ° 17'40 ", distance of 5,55m; segment 66-67-in straight line with azimute 43 ° 08' 57", distance of 5,55m; segment 67-68-in straight line with azimute 42 ° 50' 24 ", distance from 5,55m; segment 68-69-in straight line with azimute 41 ° 54'30 ", distance from 5,55m; segment 69-70-in straight line with azimute 41 ° 56' 24", distance from 5,56m; segment 70-71-in straight line with azimute 41 ° 11'47 ", distance from 5,55m; segment 71-72-in straight line with azimute 40 ° 50'26 ", distance from 5,55m; segment 72-1-in straight line with azimute 40 ° 36' 25", distance of 5.55m, permaking the area of five thousand, one hundred and seventy six square meters and forty-six square decimeters ;

II-Area 02, with divisa line departing from point 01, of coordinates N=7384975, 369131 and E=313972, 498269, being constituted by the related segments: segment 1-2-in straight line with azimute 255 ° 46' 09 ", distance of 5,22m; segment 2-3? in straight line with azimute 257 ° 13'03 ", distance of 5,16m; segment 3-4-in straight line with azimute 258 ° 39' 58", distance of 5,16m; segment 4-5-in straight line with azimute 260 ° 06' 52 ", distance of 5,16m; segment 5-6-in straight line with azimute 261 ° 33'46 ", distance of 5,16m; segment 6-7-in straight line with azimute 263 ° 00' 41", distance of 5,16m; segment 7-8-in straight line with azimute 264 ° 27'35 ", distance of 5,16m; segment 8-9-in straight line with azimute 265 ° 54' 29", distance from 5,16m; segment 9-10-in straight line with azimute 267 ° 21'24 ", distance of 5,16m; segment 10-11-in straight line with azimute 268 ° 48'18", distance of 5,16m; segment 11-12-in straight line with azimute 270 ° 15' 12 ", distance of 5,16m; segment 12- 13-in straight line with azimute 271 ° 42'07 ", distance of 5,16m; segment 13-14-in straight line with azimute 273 ° 09' 01", distance of 5,16m; segment 14-15-in straight line with azimute 274 ° 35' 55 ", distance from 5,16m; segment 15-16-in straight line with azimute 276 ° 02'50 ", distance of 5,16m; segment 16-17-in straight line with azimute 65 ° 10' 38", distance of 1,84m; segment 17-18-in straight line with azimute 66 ° 30'37 ", distance of 4,48m; segment 18-19-in straight line with azimute 69 ° 09' 18", distance of 3,95m; segment 19-20-in straight line with azimute 70 ° 53'03 ", distance of 3,74m; segment 20-21-in straight line with azimute 72 ° 39' 31", distance of 3,53m; segment 21-22-in straight line with azimute 74 ° 29' 52 ", distance of 3,32m; segment 22-23-in straight line with azimute 76 ° 25'36 ", distance of 3,10m; segment 23-24-in straight line with azimute 80 ° 00' 46", distance of 2,96m; segment 24-25-in straight line with azimute 81 ° 54' 35 ", distance from 2,71m; segment 25-26-in line straight with azimute 83 ° 36'09 ", distance of 2,42m; segment 26-27-in straight line with azimute 85 ° 05' 10", distance of 2,11m; segment 27-28-in straight line with azimute 86 ° 19' 53 ", distance from 1,76m; segment 28-29-in straight line with azimute 82 ° 15'28 ", distance of 1,36m; segment 29-30-in straight line with azimute 83 ° 49' 47", distance of 1,96m; segment 30-31-in straight line with azimute 85 ° 04'31 ", distance of 2,31m; segment 31-32-in straight line with azimute 86 ° 45' 47", distance from 2,91m; segment 32-33-in straight line with azimute 88 ° 46'20 ", distance of 3,74m; segment 33-34-in straight line with azimute 90 ° 11'21", distance of 3,06m; segment 34-35-in straight line with azimute 91 ° 19' 25 ", distance of 3,15m; segment 35- 36-in straight line with azimute 93 ° 02'55 ", distance of 2,03m; segment 36-37-in straight line with azimute 94 ° 08' 11", distance of 2,01m; segment 37-38-in straight line with azimute 95 ° 17' 16 ", distance of 1,99m; segment 38-39-in straight line with azimute 96 ° 31'25 ", distance of 1,96m; segment 39-40-in straight line with azimute 97 ° 52'05", distance of 1,92m; segment 40-41-in straight line with azimute 100 ° 05' 44 ", distance of 1,80m; segment 41-42-in straight line with azimute 101 ° 37' 26", distance of 1,76m; segment 42-43-in straight line with azimute 103 ° 06'50 ", distance of 1,72m; segment 43-44-in straight line with azimute 104 ° 32' 59", distance of 1,68m; segment 44-45-in straight line with azimute 105 ° 54' 57 ", distance of 1,65m; segment 45-46-in straight line with azimute 105 ° 44'33 ", distance of 1,35m; segment 46-47-in straight line with azimute 107 ° 29' 48", distance of 1,40m; segment 47-48-in straight line with azimute 109 ° 13' 31 ", distance from 0,87m; segment 48-1- in straight line with azimute 105 ° 22' 11 ", distance of 2.37m, permaking the area of five hundred sixty-three square meters and fifteen square decimeters ; and

III-Area 03, with divisa line departing from point 01, of coordinates N=7385171, 124000 and E=313960, 936000, being constituted by the related segments: segment 1-2-in straight line with azimute 218 ° 05' 48 ", distance of 8,52m; segment 2-3? in straight line with azimute 219 ° 45'01 ", distance from 11 ,01m; segment 3-4-in straight line with azimute 223 ° 15' 33", distance from 14 ,83m; segment 4-5-in straight line with azimute 222 ° 39' 32 ", distance of 4,92m; segment 5-6-in straight line with azimute 18 ° 22'26 ", distance of 1,76m; segment 6-7-in straight line with azimute 14 ° 22' 10", distance of 1,77m; segment 7-8-in straight line with azimute 4 ° 53'05 ", distance of 1,76m; segment 8-9-in straight line with azimute 2 ° 37' 59", distance from 1,77m; segment 9-10? in straight line with azimute 353 ° 17'40 ", distance of 1,76m; segment 10-11-in straight line with azimute 351 ° 48' 58", distance of 1,78m; segment 11-12-in straight line with azimute 340 ° 46' 12 ", distance from 1,76m; segment 12-13-in straight line with azimute 340 ° 13'05 ", distance of 1,79m; segment 13-14-in straight line with azimute 329 ° 00' 26", distance of 1,75m; segment 14-15-in straight line with azimute 328 ° 14'26 ", distance of 1,78m; segment 15-16-in straight line with azimute 317 ° 42' 45", distance of 1,75m; segment 16-17-in straight line with azimute 317 ° 26'52 ", distance of 1,78m; segment 17-18-in straight line with azimute 305 ° 13' 06", distance of 1,76m; segment 18-19-in straight line with azimute 305 ° 52' 02 ", distance of 1,75m; segment 19-20-in straight line with azimute 293 ° 41'41 ", distance of 1,79m; segment 20-21-in straight line with azimute 291 ° 15' 45", distance of 1,76m; segment 21-22-in straight line with azimute 284 ° 51'44 ", distance from 1,76m; segment 22-23- in straight line with azimute 279 ° 19'16 ", distance of 1,76m; segment 23-24-in straight line with azimute 273 ° 29' 40", distance of 1,76m; segment 24-25-in straight line with azimute 267 ° 40' 04 ", distance from 1,76m; segment 25-26-in straight line with azimute 73 ° 54'10 ", distance from 22 ,19m; segment 26-27-in straight line with azimute 73 ° 38' 20", distance from 22 ,28m; segment 27-1-in straight line with azimute 172 ° 29' 45 ", distance of 6.45m, permaking the area of five hundred and fifty meters squares.

Art. 2º Stay the Autopista dealership Régis Bittencourt S.A. authorized to promote, with own resources, the dispossession of the areas of land and benefits of which it treats art. 1º, in the form of the current legislation and regulations.

Single Paragraph. The exproprier is allowed to invoke the urgency character in the process of dispossessing that it treats the caput, for purposes of immission in possession, in the terms of art. 15 of Decree-Law No. 3,365 of June 21, 1941.

Art. 3º The declaration of public utility does not exonerate the dealership of the prior obtaining of the licensees and the fulfilment of the obligations to the environmental entities and other bodies of the public administration, necessary to the effector of activities referred to in art. 1º.

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

Brasilia, January 31, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Paulo Sérgio Oliveira Passos