Law No. 10821, Of 18 December 2003

Original Language Title: Lei nº 10.821, de 18 de Dezembro de 2003

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LEI No. 10,821, DE December 18, 2003.

Grants compensation, the title of reparation for damage, to the families of the victims of the Alcantara accident and the family of Army Underlieutenant Alcir Jose Tomasi.

THE PRESIDENT OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º It is granted compensation, in the title of damage repair, in single parcel, per server, to the legal dependents of the following servers of the Brazilian space program, who have fallen, direct victims of accident occurred with the VLS-1 rocket, in 22 from August 2003, at the Alcantara-MA launch Center:

I-Amintas Rocha Brito ;

II-Antonio Sergio Cezarini ;

III-Carlos Alberto Pedrini ;

IV-Cesar Augusto Costalonga Varecylinder ;

V-Daniel Faria Gonçalves ;

VI-Eliseu Reinaldo Moraes Vieira ;

VII-Gil Cesar Baptista Marques ;

VIII-Gines Ananias Garcia ;

IX-Jonas Barbosa Filho ;

X-Jose Aalike Pinheiro ;

XI-José Eduardo de Almeida ;

XII-José Eduardo Pereira II ;

XIII-José Pedro Sure Peres da Silva ;

XIV-Luis Primon of Araújo ;

XV-Mario Cesar of Freitas Levy ;

XVI-Massanobu Shimabukuro ;

XVII-Mauricio Biella de Souza Valle ;

XVIII-Roberto Tadashi Seguchi ;

XIX-Rodolfo Donizetti de Oliveira ;

XX-Sidney Asimile of Moraes ;

XXI-Walter Pereira Junior.

Single Paragraph. The paid sums will be deducted from any compensation that the Union comes to disburse in reason of the accident referred to in the caput.

Art. 2º The compensation provided for in this Act shall be given to dependents in the order of preference laid down by Law No. 8,213 of July 24, 1991.

Art. 3º The compensation to be paid in the form of the art. 1º, in single instalment, it shall correspond to the product of the total amount of the value of the fixed remuneration, perceived by the deceased server, in the month prior to the occurrence of the death, for the number of years remaining until the date on which it would complete 65 (sixty and five) years of life.

§ 1º Consider fixed remuneration, for the purposes of this Act, the following items:

I-basic maturity ;

II-personal advantage by way of additional per service time ;

III-Gratification of Activity Performance of Science and Technology ;

IV-individual pecuniary advantage ; and

V-personal advantage arising from fifths or eleventh incorporated.

§ 2º In no hypothesis the value of the indemnification will be less than R$ 100,000.00 (one hundred thousand reais).

Art. 4º Until they complete 24 (twenty-four) years, the direct dependents of the employees that it treats this Act will be entitled to the special education, to be paid monthly upon deposit in linked bank account.

§ 1º The value of which treats the caput of this article will be R$ 400.00 (actual four-hundred) monthly, per dependent, and should be updated annually, always in the month of January, adopting the legally stipulated index for the readjustment of school tuition from the private institutions of education.

§ 2º The Ministry of Defence will regulate the provisions of this article in 30 (thirty) days after the publication of this Act.

§ 3º Caberá to the Ministry of Planning, Budget and Management to enter in annual specific budget programming of the Ministry of Defense sufficient amount to the payment of the expenses created by this article.

§ 4º The credited values in the linked accounts of which it treats the caput may be rescued, monthly, by the respective holder, if higher in age, or by the respective responsible.

Art. 5º Stay granted the benefits provided for in this Act to the legal dependents of Army Underlieutenant Alcir José Tomasi.

Art. 6º This Act shall enter into force on the date of its publication.

Brasilia, December 18, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

José Viegas Filho

Guido Mantega