Provisional Measure No. 2,193-5, 26 July 2001

Original Language Title: Medida Provisória nº 2.193-5, de 26 de Julho de 2001

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PROVISIONAL MEASURE NO. 2.193?5 OF July 26, 2001.

Changes to Law No. 9,615 of March 24, 1998, which institutes general standards on sport and gives other arrangements.

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

Art. 1º The Law No. 9,615 of March 24, 1998, passes the following with the following amendments:

Art. 4º ..................................................................................................................................

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III? The National Council of Sport? CNE;

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" Art. 11. The CNE is collegiate body of normatization, deliberation and advising, directly linked to the Minister of State for Sport and Tourism, cabling?:

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" Art. 12 ?A. The CNE will have the following composition:

I? Minister of State for Sport and Tourism, who will preside over him;

II? National Secretary of Sport of the Ministry of Sport and Tourism;

III? Secretary?Executive of the Ministry of Education;

IV? Secretary?Foreign Ministry of Foreign Affairs;

V? Secretary?Executive of the Ministry of Justice;

VI? Secretary?Executive of the Ministry of Labour and Employment;

VII? President of the Brazilian Olympic Committee;

VIII? President of the Brazilian Paralympic Committee;

IX? President of the Brazilian Confederation of Football;

X? President of the Federal Council of Physical Education;

XI? Chairman of the National Commission of Athletes;

XII? President of the National Forum of Divisive Sports Gents of Sport;

XIII? three representatives of the national sport, nominated by the President of the Republic;

XIV? three representatives nominated by the National Congress, being a Senator and two Deputies; and

XV? a representative of the football clubs.

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??Art. 28. ............................................................................................................................

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§ 2º The athlete's sporting bond with the entity contractor has an ancillary nature to the respective emploding link, dissolving? if, for all legal purposes, with the termination of the contract of employment, save in the hypothesis provided for in § 3º, inciso II, of the art. 29 of this Law.

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" Art. 29. The athlete's trainer sports practice entity will have the right to sign with this, from sixteen years of age, the first professional employment contract, the deadline of which may not be more than five years.

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§ 3º Only the sport practice entity trainer who, demonstrably, firm the first contract of employment with the athlete by her professionalized, will be entitled to demand, from the new employer, indemnification of:

I? training, when of the assignment of the athlete during the duration of the first contract, which may not exceed two hundred times the amount of annual remuneration, vetoed the cumulative collection of penal clause;

II? promotion, when of new hire of the athlete, within six months after the termination of the first contract, which will not be able to exceed the one hundred and fifty times the amount of annual remuneration, provided that the forming entity remains paying salaries to the athlete while not firming the new contractual bond.

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" Art. 46 ?A. Sports administration entities and those of sports practice involved in any competitions of professional athletes, regardless of the legal form adopted, with or without a lucrative purpose, are required to draw up and publish the hands-on accounting statements and balance sheets, of each exercise, duly audited by independent audit.

Single paragraph. Without prejudice to the application of the penalties provided for in the tax, labor, pension, exchange rate, and of the consequent civil and criminal liabilities, the infringing to this article will imply:

I? for sports administration entities, the ineligibility, for ten years, of their leaders for the performance of elective or free appointment positions or functions, in any of the entities or bodies referred to in the single paragraph of the art.13 of this Act;

II? for sports practice entities, the ineligibility, for five years, of their leaders for positions or elective or free appointment functions in any entity or company directly or indirectly linked to the professional competitions of the respective sports modality. " (NR)

" Art. 50. The organisation, functioning and tasks of the Sport Justice, limited to the process and judgment of disciplinary infractions and sporting competitions, shall be defined in sports codes, faculty tando?se to the alloys constitute their own sports judicatory bodies, with acting restricted to their competitions.

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Art. 2º Ficam convalidated the acts practiced with basis in the Provisional Measure No. 2.193?4 of June 28, 2001.

Art. 3º This Interim Meassor enters into force on the date of its publication.

Art. 4º Revogam? if the § § 3º and 4º of the art. 27, the § 6º of the art. 28 of Law No. 9,615, of March 24, 1998.

Brasilia, July 26, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano Gianni