Provisional Measure No. 1,950-70, Of 16 November 2000

Original Language Title: Medida Provisória nº 1.950-70, de 16 de Novembro de 2000

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Interim MEASURE No. 1.950-70 of November 16, 2000.

Has on measures complementary to the Real Plan 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 The stipulations of payment of enforceable pecuniary obligations in the national territory should be made in REAL, at their nominal value.

Single Paragraph. They are vetoed, under penalty of nullity, any stipulations of:

I-payment expressed in, or linked to gold or foreign currency, ressaved the willing in the arts. 2º and 3º of Decree-Law No. 857 of September 11, 1969, and in the final part of art. 6º of Law No. 8,880 of May 27, 1994 ;

II-readjustment or monetary correction expressed in, or linked to account monetary unit of any nature ;

III-monetary correction or readjustment by general price indices, sector or which reflect the variation in production costs or inputs used, re-salvaged the provisions of the following article.

Art. 2º It is admitted to the stipulation of monetary correction or adjustment by general price indices, sector or which reflect the variation in production costs or inputs used in term contracts of equal or higher than one year.

§ 1º It is void of full right any stipulation of readjustment or monetary correction of periodicity less than one year.

§ 2º In case of contractual revision, the initial term of the monetary correction period or re-adjustment, or new revision, will be the date on which the previous review has occurred.

§ 3º Ressalved the provisions of § 7º of the art. 28 of Law No. 9,069 of June 29, 1995, and in the following paragraph, are void of full right any expedients which, in the spurt of the readjustment index, produce financial effects equivalent to those of readjustment of periodicity lower than annual.

§ 4º In the term contracts of three years or more, whose object is the production of goods for future delivery or the acquisition of goods or rights to them concerning, the parties will be able to package the update of the obligations, every period of one year, counted from the hiring, and at its final maturity, considered the periodicity of payment of the benefits, and slaughtered the payments, updated in the same manner, in the period.

§ 5º The provisions of the preceding paragraph shall apply to contracts concluded from October 28, 1995 until October 11, 1997.

§ 6º The time limit to which the preceding paragraph may be referred may be extended upon act of the Executive Power.

Art. 3º The contracts in which it is an organ or entity of the direct or indirect Public Administration of the Union, States, the Federal District and the Municipalities, shall be adjusted or corrected monetarily in accordance with the provisions of this Medida Provisional, and, in what with it not to conflict, of Law No. 8,666 of June 21, 1993.

§ 1º The annual periodicity in the contracts for which it treats the caput of this article will be counted from the deadline for submission of the proposal or budget to which that one refers.

§ 2º The Executive Power will regulate the provisions of this article.

Art. 4º The contracts concluded within the markets referred to in § 5º of the art. 27 of Law No. 9,069 of 1995, including the conditions for remuneration of financial savings, as well as in closed private pension, remain governed by legislation of their own.

Art. 5º It is established Financial Basic Rate-TBF, to be used exclusively as a base of remuneration for operations carried out in the financial market, of term of duration equal to or greater than sixty days.

Single Paragraph. The National Monetary Council shall expedite the instructions required to comply with the provisions of this article, and may extend the minimum period provided for in the caput.

Art. 6º The Fiscal Reference Unit-UFIR, created by Law No. 8,383 of December 30, 1991, will be readjusted:

I-semester, during the calendar year 1996 ;

II-annually, starting from 1º January 1997.

Art. 7º Observed the provisions of the previous article, become extinct, as of 1º July 1995, the monetary units of account created or regulated by the Public Power, except the monetary units of state, municipal and District fiscal account Federal, which will be extinct starting from 1º January 1996.

§ 1º In 1º July 1995 and at 1º January 1996, the values expressed, respectively, in the extinct account currency units in the form of the caput of this article will be converted into REAL, with compliance with the provisions of the art. 44 of Law No. 9,069, from 1995, in what couber.

§ 2º The States, the Federal District and Municipalities will be able to use UFIR under the same conditions and periodicity adopted by the Union, in place of the respective currency units of extinct tax accounts.

Art. 8º As of 1º July 1995, the Brazilian Institute of Geography and Statistics Institute-IBGE will cease to calculate and disseminate the IPC-r.

§ 1º In the obligations and contracts in which there is stipulation of readjustment by the IPC-r, this will be replaced, starting from 1º July 1995, by the anticipated index contractually to this end.

§ 2º On the assumption that there is no substitute price index forecast, and if there is no agreement between the parties, average national comprehensive price indices should be used in the form of regulation to be lowered by the Executive power.

Art. 9º It is ensured to employees, in the first date-base of the respective category after July 1995, the readjustment payment pertaining to the cumulative variation of the CPI-r between the last base date, prior to July 1995, and June 1995, inclusive.

Art. 10. Wages and other conditions regarding work continue to be fixed and revised, in the respective annual basis, through free collective bargaining.

Art. 11. Frustrated the negotiation between the parties, promoted directly or through mediator, can be helped in the action of collective dyysidium.

§ 1º The mediator shall be designated by common agreement by the parties or, at the request of these, by the Ministry of Labour and Employment in the form of the regulation of which it treats § 5º of this article.

§ 2º The Party that considers itself without the appropriate conditions to, in equilibrium situation, participate in the direct negotiation, may, as soon as possible, ask the Ministry of Labour and Employment for the designation of mediator, who shall convene the another party.

§ 3º The designated mediator shall have a period of up to thirty days for the conclusion of the negotiation process, unless agreed with the interested parties.

§ 4º Unachieved the understanding between the parties, or refusing any of them to mediation, will wash minutes containing the motivating causes of the conflict and the claims of economic nature, document that will instruct the representation for the help of the collective dyysidium.

§ 5º The Executive Power will regulate the provisions of this article.

Art. 12. In the help of collective dye, the parties are expected to present, in particular, their final proposals, which will be the subject of conciliation or deliberation of the Court, in the normative sentence.

§ 1º The decision that puts an end to the dye will be substantiated, under penalty of nullity, should translate, in its set, the fair composition of the conflict of interest of the parties, and to guard suitability with the interest of the collective.

§ 2º The normative sentence is to be published within fifteen days of the Tribunal's decision.

Art. 13. In the agreement or convention and in the dye, collectives, it is vetoed the stipulation or fixation of readjustment clause or automatic wage correction linked to the price index.

§ 1º In the salary revisions in the annual data-base, the anticipations granted in the period prior to the review will be deducted.

§ 2º Any concession of salary increase in productivity title should be amidated in objective indicators.

Art. 14. The interpost appeal of normative decision of the Labour Justice will have suspensive effect, to the extent and extent conferred in order of the President of the Superior Labour Court.

Art. 15. Legal provisions on the monetary correction of labor debts, of debits resulting from judicial decision, of debits relating to rebirth in virtue of inaddition of contractual obligations and liabilities remain in force. of companies and institutions under the regimes of bankruptcy, bankruptcy, intervention and extrajudicial settlement.

Art. 16. The § 3º of the art. 54 of Law No. 8,884 of June 11, 1994, with the essay given to him by the art. 78 of Law No. 9,069, 1995, passes vigorously with the following essay:

?§ 3º Include in the acts that it treats caput those who aim at any form of economic concentration, whether through merger or incorporation of companies, constitution of society to exercise control of companies or any form of societal grouping, involving company or group of companies resulting in twenty per cent of a relevant market, or in which any of the participants recorded annual gross billing on the last balance sheet equivalent to R$ 400,000,000.00 (four hundred million reais).? (NR)

Art. 17. The acts practiced on the basis of the Provisional Measure No. 1.950-69, of October 19, 2000, shall be convalidated.

Art. 18. This Provisional Measure comes into force on the date of its publication.

Art. 19. They repeal § § 1º and 2º of the art. 947 of the Civil Code, the § § 1º and 2º of the art. 1º of Law No. 8,542 of December 23, 1992 and the art. 14 of Law No. 8,177, from 1º to March 1991.

Brasilia, November 16, 2000 ; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

Pedro Malan

Francisco Dornelles

Waldeck Ornélas

Martus Tavares