Provisional Measure No. 1,979-15, Of 10 February 2000

Original Language Title: Medida Provisória nº 1.979-15, de 10 de Fevereiro de 2000

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PROVISIONAL MEASURE NO. 1.979-15, OF February 10, 2000.

Disposes on the reshodling of financial resources of the National School Food Program, establishes the Cash Program Direct at the School, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The resources laid out in the Union budget, for the implementation of the National School Food Program will be passed on in installments to the States, the Federal District and the Municipalities, observed the provisions of this Provisional Measure.

§ 1º The amount of financial resources to be passed will be calculated on the basis of the number of students duly enrolled in the preschool and fundamental education of each of the government referred to in the caput of this article.

§ 2º Exceptionally, for the purposes of the preceding paragraph, at the discretion of the National Development Fund of the Education-FNDE, will be able to be computed as part of the municipal seat the students enrolled in qualified schools as philanthropic entities or by them maintained, observed the provisions of the art. 10 of this Provisional Measure.

§ 3º For the calculation of the amount of resources of which they treat § § 1º and 2º, the official enrolment data obtained in the school census relative to the year before that of the service will be used.

§ 4º Financial resources for the National School Food Programme in educational establishments maintained by the Federal Government will be able to be administered by the Municipalities in which such establishments are Located.

§ 5º The financial assistance of which it treats this article has supplementary character, as disposed of the inciso VII of the art. 208 of the Federal Constitution, and is intended, exclusively, for the acquisition of food genres.

§ 6º It is provided to the States, the Federal District and the Municipalities to pass on the resources of the Program directly to the schools of its network, observed the standards and criteria set out in accordance with the provisions of the art. 10 of this Provisional Measure.

§ 7º States will be able to delegate to their Municipalities the attendance to pupils enrolled in the state educational establishments located in their respective areas of jurisdiction, and in this case, authorize the direct repass to the Municipality, on the part of FNDE, of the corresponding share of resources calculated in the form of § 1º.

§ 8º The authorization of which it treats the preceding paragraph shall be forwarded to the FNDE, with due Municipality's annuence, in the month of January each year, with validity from the reference year, and could be reviewed, exclusively, in the month of January of the following year.

Art. 2º The transfer of financial resources objecting to the decentralized execution of the National School Food Program will be automatically effective by the Executive Office of the FNDE, with no need for convenium, adjustment, agreement or contract, upon account-current deposit specific, not applying the provisions of the art. 27 of Law No. 9,692 of July 27, 1998.

Single paragraph. The financial resources of which it treats the caput should be included in the budgets of the states, the Federal District and the Municipalities benefited.

Art. 3º The provision of accounts of the application of financial resources relating to the National School Food Programme shall be made by the State, the Federal District and the Municipalities to the respective Court or Board of Auditors to which it belongs, as part of the annual provision of its ordinary accounts.

§ 1º Without prejudice to the provisions of the caput of this article, FNDE will be able to request the State, the Federal District or Municipality statement of program follow-up, either on its own form or on a suitably magnetic medium standardized.

§ 2º The states, the Federal District and the Municipalities will keep in their archives, in good custody and organization, all voucher of payments effected with financial resources transferred in the form of this Measure Provisional, even if the execution is in charge of the respective schools, which will be obliged to provide them to FNDE, in whole part, when it is this requested.

§ 3º The prerogative referred to in the preceding paragraph shall be exercised compulsorily by the FNDE, in relation to the State, the Federal District or the Municipality, against which formal complaint of wrongdoing has been lodged in the use of the resources.

§ 4º Verified the omission in the provision, of accounts or other serious irregularity, the respective external control bodies, regardless of the measures they come to adopt, shall communicate the fact to FNDE for the exercise of the supervision that competes with it.

§ 5º Stay subject to the penalties of art. 299 of the Brazilian Criminal Code the authority responsible for accountability, as well as by the accompanying statement of program, to insert or make inserting documents or false or diverse statement of what was to be written, with the end of change the truth about the fact.

§ 6º To withhold the interest of the collectivity and the probity in the application of the resources, and without prejudice to the attributions conferred, is assured to the Court of Auditors of the Union and the System of Internal Control of the Executive Power of the Union the access, at any time, to the comprobative documentation of the implementation of the Programs of which it treats this Provisional Measure.

Art. 4º The States, the Federal District and the Municipalities shall establish, within their respective jurisdiction, School Food Councils, consisting of representatives of the public education administration body, teachers, parents and pupils, and may also include representatives of others segments of the local society.

Single paragraph. The competences of the School Food Council will be defined in a specific standard to be dispatched by the FNDE Deliberative Council.

Art. 5º The menus of school food programs, under the responsibility of the states, the Federal District and the Municipalities, will be drawn up by empowered nutritionists, with the participation of the School Food Council and respecting the dietary habits of each locality, its agricultural vocation and the preference by the products in natura.

Art. 6º In the acquisition of inputs, they will have priority the products of the region, aiming for the reduction of costs.

Art. 7º States will provide technical assistance to the Municipalities, in particular in the area of research in food and nutrition, in the elaboration of menus and in the implementation of programs concerning the application of resources of which it treats this Provisional Measure.

Art. 8º Stay instituted, within the framework of the FNDE, the Direct Money Program at the School, with the aim of providing financial assistance, in supplementary character, to the public schools of the elementary school of state, municipal and federal district networks and education schools special qualified as philanthropic entities or by them maintained, observed the provisions of the art. 10 of this Provisional Measure.

Single paragraph. The financial assistance to be awarded to each beneficiary education facility will be defined annually and will be based on the number of students enrolled in the elementary and special education, according to data extracted from the school census conducted by the Ministry of Education in the previous financial year, and passed on:

I-directly to the executor unit or the representative entity of the school community in the form of the requirements set out in the art. 10;

II-to the state or Municipality maintainer of the teaching establishment in the remaining cases.

Art. 9º The financial resources passed down by the Programme of which it treats the previous article will be earmarked for the coverage of expenses for costing, maintenance and small investments, except for personal expenses, which compete for the securing of the funding of the educational establishments.

Art. 10. The FNDE Deliberative Council will expedient the norms regarding the criteria for allocation of resources, values per capita, executor units and characterization of entities, and thus the guidelines and instructions necessary for the execution of the Programmes of which it treats this Provisional Measure.

Art. 11. The willing in the arts. 2º and 3º of this Provisional Measure applies, likewise, to the Direct Money Programme at the School, as to the repass of financial resources to the ones described in the incisors I and II of the single paragraph of the art. 8º.

Single paragraph. States, the Federal District and the Municipalities will end a term of commitment to the FNDE, in which it will build mandatory inclusion in their respective budgets of the financial resources transferred in the form of the inciso I of the single paragraph of the art. 8º to the educational establishments they have linked to, as well as the responsibility of the accountability of these resources.

Art. 12. They are convalidated the acts practiced on the basis of the Provisional Measure No. 1.979-14, of January 11, 2000.

Art. 13. This Interim Measure shall come into force on the date of its publication.

Art. 14. It is repealed Law No. 8,913 of July 12, 1994.

Brasilia, February 10, 2000; 179º of Independence and 112º of the Republic.

fernando henrique cardoso

Paulo Renato Souza