Law No. 10,839, 5 February 2004

Original Language Title: Lei nº 10.839, de 5 de Fevereiro de 2004

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LEI NO. 10,839, OF February 5, 2004.

Altera and adding device to the Law No. 8,213 of July 24, 1991, which provides on the Plans of Benefits of the Social Security.

I get to know that the President of the Republic adopted the 2003, 2003 Provisional Measure, which the National Congress adopted, and I, Inocus Oliveira, First Vice President of the Bureau of Congress National, for the effects of the provisions of the art. 62 of the Federal Constitution, with the essay given by the Constitutional Amendment No. 32, combined with the art. 12 of Resolution No. 1, of 2002-CN, promulgated the following Law:

Art. 1º The Law No. 8,213 of July 24, 1991, passes the following with the following amendments:

" Art. 103. It is ten years the period of decay of the whole and any right or action of the insured or beneficiary for the review of the benefit-granting act, from the day first of the month following the receipt of the first instalment or, when it is the case, of the day on which to become aware of the final improper decision in the administrative framework.

........................................................................ " (NR)

" Art. 103-A. The right of Social Security to annul the administrative acts of which favourable effects are due for its beneficiaries decays in ten years, counted from the date on which they were practiced, save proven bad-faith.

§ 1º In the case of continuous patrimonial effects, the decadential period will count from the perception of the first payment.

§ 2º It is deemed to exercise the right to annul any measure of administrative authority that matters challenge to the validity of the act. " (NR)

Art. 2º This Act comes into force on the date of its publication.

National Congress, on February 5, 2004, 183º of Independence and 116º of the Republic


First Vice President of the Bureau of the National Congress