LEI No. 12,722, DE October 3, 2012

Amend the Laws 10,836, January 9, 2004, 12,462, August 4, 2011, and 11,977, of July 7, 2009 ; it has on the Union's financial support for Municipalities and the Federal District for broadening the offer of education children ; and gives other arrangements.

A P R E S I D E N T A R E P U B L I C A, I do know that the National Congress decrees and I sanction the following Law:

Art. 1º The art. 2º of Law No. 10,836 of January 9, 2004, passes effect with the following changes:

" Art. 2nd .....................................................................................................................

IV-the benefit for overcoming extreme poverty in early childhood, at the limit of 1 (one) per family, intended for the beneficiary family units of the Family Exchange Program and which, cumulatively:

a) have in their composition children from 0 (zero) to 6 (six) years of age ; and

b) present sum of the monthly household income and the financial benefits provided for in the incisos I to III equal to or less than R$ 70.00 (real seventy-year) per capita.

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§ 4th The financial benefits provided for in the incisos I, II, III and IV of the caput could be paid cumulatively to the beneficiary households, observed the limits set in the cited incisos II, III and IV.

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§ 11. The financial benefits provided for in the incisos I, II, III and IV of the caput will be paid, monthly, by means of a bank magnetic card provided by the Federal Economic Box with the identification of the responsible, upon Number of Social Identification-NIS, of use of the Federal Government.

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§ 15. The benefit to overcoming extreme poverty in early childhood will correspond to the required value so that the sum of monthly household income and financial benefits outweigh the value of R$ 70.00 (real seventy-wide) per capita and will be calculated by lace strips.

§ 16. It will be for the Executive Power:

I-define the familiar income ranges per capita and the respective values to be paid for benefit to overcoming extreme poverty in early childhood, as provided for in § 15 ; and

II-adjust, according to criterion to be set in specific act, the defined value for household income per capita, for the purposes of the payment of benefit to overcoming extreme poverty in early childhood. " (NR)

Art. 2º The Union's resource transfers to Municipalities and the Federal District are mandatory, with the purpose of providing financial support for broadening the provision of child education, in new classes, in the form of this Act.

§ 1º For the purposes of this Act, new children's education classes are considered to be those that meet, cumulatively, the following conditions:

I-be offered in public educational establishments or in community, confessional or non-profit philanthropic institutions conveniently with the public, part-time or integral power, which meet the standards of quality defined by the normative body of the respective education system ;

II-be enrolled in specific system maintained by the Ministry of Education, in which data of the children met and the child education unit will be informed ; and

III-have children with enrolment not yet computed within the framework of the Maintenance and Development Fund of Education Basic and Valorization of Education Professionals-FUNDEB, of which it treats Law No. 11,494 of June 20, 2007, regardless of the cadastral situation in the School Elemental Education School Census.

§ 2º For the purpose of fulfilling the conditions set out in § 1º, the stated information in specific system maintained by the Ministry of Education shall be considered.

§ 3º The new children's education classes of which it treats § 1º should be enrolled on the occasion of the realization of the School Basic Education Census immediately after the start of school activities, under penalty of disruption of the financial support and return of the parcels already received.

§ 4th The resources transferred pursuant to the caput may be applied in the maintenance and development expenses of child education, in the terms of art. 70 of Law No. 9,394 of December 20 de1996, excepted those listed in its incisos IV, VI and VII.

§ 5th The periodic survey of the demand for Child Education in crèches and preschools, carried out by Municipalities and the Federal District, with the collaboration of the Union and States, should northen the expansion of their respective networks school.

Art. 3º The value of the financial support of which it treats art. 2º will be based:

I-the number of children serviced exclusively in the new children's education classes of which it treats art. 2º; and

II-the minimum annual value per student defined nationally for children's education, pursuant to Law No. 11,494 of June 20, 2007.

§ 1º The financial support will be restricted to the period between the enrollment of the new class in the system of which it treats the inciso II of § 1º of the art. 2º and the start of receipt of Fundeb's resources and will not be able to exceed 18 (eighteen) months.

§ 2º It is vetoed the inclusion of enrollees already computed within the framework of Fundeb in the system provided for in the inciso II of § 1º of the art. 2º.

Art. 4th mandatory transfers of resources from the Union to Municipalities and the Federal District for the purpose of providing supplementary financial support for the maintenance and development of child education for the care in children's nurseries from 0 (zero) to 48 (forty-eight) months enrolled in the School Basic Education School Census whose families are beneficiaries of the Family Exchange Program under the Act No 10,836 of January 9, 2004.

§ 1º The transfer of resources from which it treats the caput will be carried out based on the amount of child enrollment of 0 (zero) to 48 (forty-eight) months enrolled by Municipalities and the Federal District in the Census School Education Basic whose families are beneficiaries of the Family Exchange Program, in the form defined in joint act of the State Ministers of Social Development and Combat to Fome and Education.

§ 2º Further financial support will meet child education offered in public educational establishments or in community, confessional or philanthropic nonprofit institutions convenienced with public power, in partial or integral time, as per data from the School Elemental Education Census.

§ 3º The value of supplementary financial support will correspond to 50% (fifty per cent) of the minimum annual value per student defined nationally for child education, pursuant to Law No. 11,494 of June 20, 2007, by license plate.

§ 4º The resources transferred pursuant to the caput may be applied in the maintenance and development expenses of child education, in the terms of art. 70 of Law No. 9,394 of December 20, 1996, exceeded those listed in their incisors IV, VI and VII, and in the actions to ensure full care and food and nutritional safety, necessary for the access and permanence of the child in education children, in the form set out in joint act of the Ministers of State for Social Development and Combat to Fome and Education.

Art. 5º The resources that it treats art. 4º will be transferred by the Ministry of Social Development and Combat to the Famer to the National Education Development Fund-FNDE, regardless of the specific term celebration.

Art. 6º Joint act of the State Ministers of Social Development and Combat to Famer and Education will have on monitoring the implementation of the supplementary financial support that it treats art. 4º.

Art. 7º The transfers of financial resources provided for in the arts. 2º and 4º shall be effective, automatically, by the FNDE, dispensed with the conclusion of convenium, agreement, contract or congenial instrument, upon specific current account deposits.

Single Paragraph. The FNDE Deliberative Council shall have, in its own act, on conditions, operational criteria for distribution, re-pass, execution and the provision of simplified accounts of financial support.

Art. 8º The Municipalities and the Federal District should provide, whenever requested, the documentation concerning the execution of the resources received on the basis of the arts. 2º and 4º to the Union Accounts Tribunal, the FNDE, the internal control bodies of the federal executive branch and the advice of social monitoring and control.

Art. 9º The monitoring and social control over the transfer and application of the repassed resources based on the arts. 2º and 4º shall be exercised within the Municipalities and the Federal District by the respective councils provided for in art. 24 of Law No. 11,494 of June 20, 2007.

Single Paragraph. The advice referred to in caput will examine the benefits of accounts of the resources passed under this Act, will formulate conclusive opinion about the application of these resources and will forward it to the FNDE.

Art. 10. The financial support of which they treat the arts. 2º and 4º is bound for the duration of the Fundeb, in the terms of the art. 48 of Law No. 11,494 of June 20, 2007 and may not be considered by Municipalities and the Federal District for the purposes of performance of art. 212 of the Federal Constitution.

Single Paragraph. In the application of the financial resources covered under this Act, Municipalities and the Federal District should ensure the conditions of accessibility for persons with disabilities.

Art. 11. For the financial year 2012, the supplementary financial support that it treats art. 4th will be 25% (twenty-five per cent) of the minimum annual value per student defined nationally for child education, pursuant to the Act No. 11,494 of June 20, 2007, by tuition.

Art. 12. For the 2012 and 2013 exercises, the transfer of financial resources of which it treats § 1st of the art. 4th will be made based on the amount of children's enrollment of 0 (zero) to 48 (forty-eight) months, identified in the previous year's School Education School Census Basic Education and informed by the Municipalities and the Federal District, in the system of the Ministry of Education, as a member of beneficiary families of the Family Exchange Program, in the form defined in joint act of the Ministers of State for Social Development and Combat to Fome and Education.

Art. 13. The financial resources corresponding to the financial support for which they treat the arts. 2nd and 4th of this Act will run into the allocation account achieved in the budgets of the FNDE and the Ministry of Social Development and Combat to the Famer, observed the limits on movement, commitment and payment of budget and financial programming annual.

Art. 14. The art. 1º of Law No. 12,462 of August 4, 2011, passes effect with the following amendment:

" Art. 1º ........................................................................................................................

§ 3º In addition to the hypotheses provided for in the caput, the DRC is also applicable to the tenders and contracts required for the realization of engineering works and services within the public education systems. " (NR)

Art. 15. Law No. 11,977 of July 7, 2009 passes the extra vigorous of the following art. 82-D:

" Art. 82-D. Within the PMCMV, in the case of ventures built with FAR resources, it could be cost the building of education, health and other amenity equipment to housing, including on public property grounds, pursuant to the regulations.

§ 1º The edification of the equipment of which it treats the caput is conditional on the existence of prior commitment of the State Government, Municipal or District Government to take over the operation, guard and maintenance of the equipment, immediately after completion of the work, and put it into operation in time compatible with the fulfillment of the demand of the venture, pursuant to the Regulation.

§ 2º In case the operation is not initiated within the time limit laid down in the term of appointment, the responsible person shall rescend the FAR with the resources spent on the building, duly updated.

§ 3º Equipment in which it treats the caput will be incorporated into the heritage of the public owner of the terrain in which the building or donated to the public responsible for the operation, guard and maintenance was carried out, in case the edification is carried out on land owned by the FAR.

§ 4º When the building has to be carried out on grounds whose ownership is not from the public person responsible for the operation, guard and maintenance of the equipment, the term of appointment should count on the participation of all the concerned as also to provide for the obligation to transfer the use or property to the mentioned person responsible for operationalization. "

Art. 16. This Act shall enter into force on the date of its publication.

Art. 17. It is revoked the single paragraph of the art. 82 of Law No. 11,977 of July 7, 2009.

Brasilia, October 3, 2012 ; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Mercadante Aloizio

Miriam Belchior

Tereza Campello

W. Moreira Franco