PROVISIONAL MEASURE # 570, OF May 14, 2012

Altera the Law No. 10,836, of January 9, 2004; provides about the financial support of the Union to the Municipalities and the Federal District for broadening the provision of child education; and gives other arrangements.

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

Art. 1º The art. 2º of Law No. 10,836 of January 9, 2004, it passes the invigoration with the following changes:

" Art. 2º ...................................................................................................................

IV-the benefit for overcoming extreme poverty in early childhood, at the limit of one per family, intended for the units family members beneficiaries of the Bolsa Família Program and that, cumulatively:

a) have in their composition children from zero to six years of age; and

b) present sum of the monthly family income and the financial benefits provided for in the incisions I to III equal to or less than R$ 70.00 (real seventy) per capita.

...........................................................................................................

§ 4º The financial benefits provided for in the incisions I, II, III and IV of the caput can be paid cumulatively to the beneficiary families, observed the limits set in the cited incisians II, III and IV.

..........................................................................................................

§ 11. The financial benefits provided for in the inciso I, II, III, and IV of the caput will be paid, monthly, by means of bank magnetic card provided by the Federal Economic Box with the identification of the responsible, upon the Number of Social-NIS identification, of use by the federal government.

..........................................................................................................

§ 15. The benefit for overcoming extreme poverty in early childhood will correspond to the value required for the sum of monthly household income and financial benefits to exceed the value of R$ 70.00 (real seventy) per capita, and will be calculated by lace bands.

§ 16. It will be up to the Executive Power:

I- define the family income bands per capita and the respective values to be paid for the benefit title for overcoming extreme poverty in early childhood, as provided for in § 15; and

II-adjust, according to criterion to be established in act specific, the defined value for the family income per capita, for purposes of the payment of the benefit for overcoming extreme poverty in early childhood. " (NR)

Art. 2º It is mandatory for transfers from the Union to Municipalities and the Federal District, for the purpose of providing financial support for the extension of the provision of child education, in new classes, in the form of this Interim Measurer.

§ 1º For the effects of this Interim Measure, new child education classes are considered to be those that meet, cumulatively, to the following conditions:

I-be offered in establishments public education or in community, confessional, or philanthropic not-for-profit institutions convenienced with public, part-time, or integral power, which meet quality standards defined by the respective normative organ tuition system;

II-be enrolled in specific system maintained by the Ministry of Education, in which will be informed data of the new class, of the children served, and of the children's education unit; and

III-have children with still uncomputed enrolment under the Maintenance and Development Fund of the Basic Education and Valorisation of Education Professionals- FUNDEB, of which it treats Law No. 11,494, of June 20, 2007, regardless of the cadastral situation in the School Census of Basic Education.

§ 2º For effect of the fulfilment of the conditions set out in § 1st will be considered the information declared in specific system maintained by the Ministry of Education.

§ 3º The new children's education classes of which it treats § 1º are to be enrolled on the occasion of the realization of the School Census of Basic Education immediately subsequent to the start of school activities, under penalty of interruption of financial support and return of the parcels already received.

§ 4º The features transferred in the terms of the caput can be applied in the maintenance expenses and development of child education, in the terms of art. 70 of Law No. 9,394 of December 20, 1996.

Art. 3º The value of the financial support of which it treats art. 2º will have as a base:

I-the number of children serviced exclusively in the new classes of child education from which it treats art. 2º; and

II-the minimum annual value per pupil defined nationally for child education, in accordance with Law No. 11,494, 2007.

§ 1º Financial support will be restricted to the period understood between the enrollment of the new class in the system of which it treats the inciso II of § 1st art. 2nd and the beginning of the receipt of the FUNDEB's resources, and will not be able to exceed eighteen months.

§ 2º It is vetted the inclusion of already computed enrolment within the framework of the FUNDEB in the system envisioned in the inciso II of § 1º of the art. 2º.

Art. 4º It is mandatory for transfers from the Union to Municipalities and the Federal District, with the purpose of providing supplementary financial support for the maintenance and development of child education for the care in children's crèches of zero to Forty-eight months enrolled in the School Census of Basic Education, whose families are beneficiaries of the Bolsa Família Program, pursuant to Law No. 10,836, 2004.

§ 1º The transfer of resources from which it treats caput will be carried out based on the amount of enrolment of children from zero to forty-eight months enrolled by the Municipalities and Federal District in the School Census of Basic Education and whose families are beneficiaries of the Bolsa Familia Program, in the form set out in joint act of the State Ministers of the Social Development and Combat to Hunger and Education.

§ 2º The supplementary financial support will serve children's education offered in public educational establishments or in community, confessional, or philanthropic non-profit institutions convenienced with public power, in part time or integral, as per Census data School of Basic Education.

§ 3º The value of supplementary financial support will correspond to fifty percent of the minimum annual value per pupil defined nationally for child education, pursuant to the Act no 11,494, of 2007, by matriculation.

§ 4º The resources transferred in the terms of the caput could be applied in the maintenance and development expenses of child education, pursuant to art. 70 of Law No. 9,394 of December 20, 1996 and in the actions of social assistance and food and nutritional security, necessary to ensure the access and permanence of the child in child education, in the form defined in the joint act of the Ministers of State of Social Development and Combat to Hunger and Education.

Art. 5º The resources of which treats art. 4º will be transferred by the Ministry of Social Development and Combat to the Hunger to the National Education Development Fund-FNDE, independent of the specific term celebration.

Art. 6º Act of the State Ministers of Social Development and Combating Hunger and Education will have on the monitoring of the implementation of the supplementary financial support of which it treats art. 4º.

Art. 7º The transfers of financial resources provided for in the arts. 2º and 4º will be effective, automatically, by FNDE, dispensed with the celebration of convenium, agreement, contract or congenial instrument, upon specific current account deposits.

Paragraph single. The Deliberative Board of FNDE will have, in its own act, on conditions, operational criteria of distribution, repass, execution and provision of simplified accounts of financial support.

Art. 8º Municipalities and the Federal District shall provide, where requested, the documentation relating to the implementation of the resources received on the basis of the arts. 2º and 4º to the Court of Auditors of the Union, to FNDE, to the internal control bodies of the federal executive branch and to the accompanying boards and social control boards.

Art. 9º The follow up and social control over the transfer and application of the resources passed on the basis of the arts. 2º and 4º will be exercised within the framework of the Municipalities and the Federal District by the respective boards provided for in the art. 24 of the Act in the 11,494, from 2007.

Single paragraph. The advice referred to in caput will look at the benefits of accounts of the resources passed under this Interim Measure and will formulate an conclusive opinion about the application of those resources, and forward it to the FNDE.

Art. 10. The financial support of which they treat the arts. 2º and 4º are bound for the duration of the FUNDEB, under the art. 48 of Law No. 11,494, 2007, and may not be considered by the Municipalities and Federal District for the purposes of compliance with art. 212 of the Constitution.

Single paragraph. In the application of the financial resources covered by this Provisional Measure, the Municipalities and Federal District should ensure the conditions of accessibility for persons with disabilities.

Art. 11. For the financial year 2012, the supplementary financial support of which it treats art. 4º will be twenty-five percent of the minimum annual value per pupil defined nationally for child education, pursuant to Law No. 11,494, of 2007, by matriculation.

Art. 12. For the 2012 and 2013 exercises, the transfer of financial resources from which it treats § 1º of the art. 4th will be made on the basis of the amount of children's enrolment from zero to forty-eight months, identified in the School Census of Basic Education of the previous year, and informed by the Municipalities and Federal District, in the Ministry's own system of Education, as a member of beneficiary families of the Bolsa Familia Program, in the form defined in joint act of the State Ministers of Social Development and Combat to Hunger and Education.

Art. 13. The financial resources corresponding to the financial support of which they treat the arts. 2º and 4º of this Provisional Measure will run into the allocation account achieved in the budgets of FNDE and the Ministry of Social Development and Combat to the Famine, observed the limits of movement, commitment and payment of budget programming and annual financial.

Art. 14. This Interim Measure takes effect on the date of its publication.

Brasilia, May 14, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Aloizio Mercadante

Miriam Belchior

Tereza Campello

W. Moreira Franco