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Decree No. 7,358, 17 November 2010

Original Language Title: Decreto nº 7.358, de 17 de Novembro de 2010

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DECREE NO 7,358, DE November 17, 2010.

Institut the National Trade System Fair and Solidaria-SCJS, creates its National Manager Commission, and gives other providence

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VI, point?a?, of the Constitution,

DECRETA:

Art. 1o It is instituted, within the Ministry of Labour and Employment, the System National Trade Fair and Solidaria-SCJS, to coordinate the Federal Government's actions aimed at the recognition of fair and supportive trade practices and their promotion.

Single Paragraph. The States, Municipalities and Federal District, sympathetic economic ventures, accreditation bodies, and conformity assessment bodies will be able to join the SCJS voluntarily.

Art. 2o For the effects of this Decree, you understand by:

I-fair and sympathetic trade: differentiated commercial practice pauped in social justice values and solidarity undertaken by the solidary economic endeavors ;

II-solidary economic endeavors: associative character organizations that perform economic activities, whose participants are either urban or rural workers and democratically exercise the management of activities and the allocation of results ;

III-accreditation bodies: bodies crediting the evaluation bodies of the compliance, attesting to their ability to carry out compliance assessment tasks of products, processes and services ;

IV-conformity assessment bodies: bodies that inspect and attest to compliance with the criteria for conformity of products, processes and services with fair and supportive trade practices ; and

V-fair price: it is the definition of the value of the product or service, built from the dialogue, from the transparency and the effective participation of all actors involved in their composition resulting in equal distribution of the gain in the productive chain.

Single Paragraph. The terms fair trade, fair trade, fair trade, trade équo, alternative trade, trade in solidarity, ethical trade, ethical and supportive trade are understood in the concept of fair and supportive trade, in the terms of this Decree.

Art. 3o The SCJS is intended to strengthen and promote fair trade and solidary in Brazil, which comprises achieving the following objectives:

I-strengthen national identity of fair and supportive trade, by means of the diffusion of its concept, of its principles and criteria for recognition of fair and supportive trade practices and of its fostering ;

II-favor the practice of the fair price for whom it produces, markets and consumes ;

III-disseminating the products, processes, services, as well as the experiences and organizations that comply with SCJS standards ;

IV-subsidizing the supportive economic ventures, accreditation and evaluation bodies of compliance and support entities and foster fair and supportive trade, by means of national information base in solidarity economy and mutually supportive economic endeavors with fair and supportive trade practices recognized by the SCJS ;

V-contribute to public and private efforts to promote actions to foster improvement of the conditions of commercialization of the solidary economic ventures ;

VI-encourage economic collaboration between solidary economic endeavors ; and

VII-supporting education processes for consumption, with a view to the adoption of sustainable habits and the organization of consumers for the purchase of the products and services of fair and supportive trade.

Single Paragraph. The management of SCJS, its principles and criteria for recognition of fair and supportive trade practices will be disciplined in normative act of the Ministry of Labor and Employment.

Art. 4o The SCJS will count on a National Gestora Commission, which will have the following attributions:

I-technically subsidize the National Council of Solidarian Economics, provided for in the inciso XIII of the art. 30 of Law no 10,683, of May 28, 2003, in matters relating to SCJS ;

II-recognize and monitor the different methodologies of product compliance assessment, processes and services to the principles and criteria for the recognition of fair and supportive trade practices of SCJS, suitable to the different social, territorial and organizational realities, eventually proposing enhancements of the methodologies ;

III-enable in the SCJS the accreditation and conformity assessment bodies, according to the criteria for recognition of fair and sympathetic trade practices established in normative act of the Ministry of Labour and Employment ;

IV-promote the dialogue between representations of the various actors involved in fair trade and sympathetic ;

V-manifested periodically on the habilitation of conformity assessment bodies in the SCJS, based on information from accreditation bodies, in accordance with the criteria for the recognition of fair and supportive trade practices established in the normative act of the Ministry of Labour and Employment, provided for in the single paragraph of art. 3the;

VI-follow the enrollment carried out by the National Office of Solidary Economics, the Ministry of Labour and Employment, of the solidary economic endeavors with fair and supportive trade practice recognized by SCJS ;

VII-establish guidelines for actions to foster fair and supportive trade and follow up on the its development ;

VIII-disseminate information and results relating to fair and supportive trade ; and

IX-approve your internal regiment.

Art. 5o Comhold the National Manager Commission a representative of each of the Ministries:

I-from Work and Employment ;

II-of Agrarian Development ; and

III-from Social Development and Combat to Fome.

§ 1o The National Manager Commission will be coordinated by the Ministry of Labour and Employment, by means of the National Office of Solidary Economics, whose representative will exercise the quality vote in the event of a tie in the deliberations.

§ 2o Will be invited to integrate the National Manager Commission, as members, representatives of civil society, being:

I-two of entities in the segment of the solidary economic endeavors ;

II-two of entities in the supporting segment and foster fair and supportive trade ; and

III-two of entities in the networks segment of the solidary economy.

§ 3o For each holder member of the National Manager Commission will be appointed a supplier.

§ 4o In the case of civil society, each segment represented shall be entitled to a vote in the deliberations of the National Manager Committee.

§ 5o The holders and alternates of the Commission National Gestora Representatives of the Ministries will be appointed by the respective holders and appointed by the Minister of State for Labour and Employment.

§ 6o The holders and alternates of the Commission National Manager representatives of the civil society will be appointed by the National Council of Economics Solidary and appointed by the Minister of State for Labour and Employment.

§ 7o The National Council of Economy Solitude will nominate the representatives of society civil in the National Manager Committee, as provided for in specific resolution, which will define the criteria for accreditation and choice of the representative entities of each segment provided for in § 2o.

§ 8o The participation of the members of the National Manager Committee is considered to be service relevant public and will not be remunerated.

§ 9the Poor participate in the meetings of the National Manager Committee, at the invitation of its coordinator or of the absolute majority of its members, representatives of other bodies and entities of the public administration, of international cooperation institutions, as well as physical persons and representatives of legal persons who, by their personal or institutional experience, can contribute to the debates.

Art. 6º The National Managing Commission will define its functioning in internal regiment, to be approved by the absolute majority of its members, and shall meet periodically, by means of convocation of their coordinator.

Art. 7º The expenses necessary for the realization of the activities of the National Manager Commission, well as those arising from the execution of projects carried out within the framework of their activities, they will adhere to own budget appropriations earmarked annually in the budgets of the Ministries that comprise it, observed the limits of movement, of commitment and payment of the annual budget and financial programming.

Art. 8º This Decree goes into effect on the date of its publication.

Brasilia, November 17, 2010 ; 189o of Independence and 122the of the Republic.

LUIZ INACIO LULA DA SILVA

Carlos Lupi

Marcia Helena Carvalho Lopes

Guilherme Cassel