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Law No. 12608, Of 10 April 2012

Original Language Title: Lei nº 12.608, de 10 de abril de 2012

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LEI N ° 12,608, April 10, 2012

Institutes the National Civil Protection and Defense Policy-PNPDEC; has on the National Civil Protection and Defense System-SINPDEC and the National Council for Civil Protection and Defense-CONPDEC; authorizes the creation of information system and disaster monitoring; changes the Laws n °s 12,340, from 1 ° of December 2010, 10,257, of July 10, 2001, 6,766, of December 19, 1979, 8,239, of October 4, 1991, and 9,394, of December 20, 1996; and gives other providences.

The VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

CHAPTER I

GENERAL PROVISIONS

Art. 1 ° This Law institutes the National Civil Protection and Defense Policy-PNPDEC, provides on the National Civil Protection and Defense System-SINPDEC and the National Council for Civil Protection and Defense-CONPDEC, authorizes the creation of information system and disaster monitoring and gives other arrangements.

Single paragraph. The technical definitions for application of this Act will be established in an act of the federal executive branch.

Art. 2 ° It is the duty of the Union, the States, the Federal District and the Municipalities to adopt the necessary measures to reduce the risks of disaster.

§ 1 ° The measures foreseen in the caput could be adopted with the collaboration of public or private entities and society in general.

§ 2 ° Uncertainty as to the risk of disaster will not constitute obvious for the adoption of the preventive and mitigating measures of the risk situation.

CHAPTER II

OF THE NATIONAL PROTECTION POLICY

AND CIVIL DEFENSE-PNPDEC

Section I

Guidelines and Objectives

Art. 3 ° The PNPDEC covers the actions of prevention, mitigation, preparedness, response and recovery aimed at protection and civil defense.

Paragraph single. PNPDEC should integrate with the policies of land use planning, urban development, health, environment, climate change, water resource management, geology, infrastructure, education, science and technology and the other policies setorials, with a view to the promotion of sustainable development.

Art. 4 ° Are guidelines of the PNPDEC:

I-acting articulated between the Union, the States, the District Federal and the Municipalities for disaster reduction and support for stricken communities;

II- systemic approach to the actions of prevention, mitigation, preparedness, response and recovery;

III-the priority to preventive actions related to disaster minimization;

IV-adoption of the catchment area as a unit of analysis of the disaster prevention actions related to bodies d' água;

V-planning based on researches and studies on areas of risk and incidence of disasters in the territory national;

VI-participation of civil society.

Art. 5 ° Are the objectives of PNPDEC:

I-reduce the risks of disasters;

II-provide relief and assistance to populations hit by disasters;

III-recover the disaster-affected areas;

IV-incorporate disaster risk reduction and civil protection and civil defence actions among the elements of management territorial and planning of the sectoral policies;

V-promoting the continuity of actions of protection and civil defence;

VI-stimulate the development of resilient cities and the sustainable processes of urbanization;

VII-promoting the identification and evaluation of the threats, susceptibilities, and vulnerabilities to disasters, so as to avoid or reduce their occurrence;

VIII-monitor the meteorological, hydrological, geological, biological, nuclear, chemical and other potentially cause-causing events;

IX-produce early warnings about the possibility of occurrence of natural disasters;

X-stimulate urban and rural land occupation planning, with a view to its conservation and the protection of the native vegetation, water resources and human life;

XI-fighting the occupation of areas environmentally vulnerable and at risk and promote the relocation of the resident population in these areas;

XII-stimulated initiatives that result in the targeting of housing in safe place;

XIII-developing national consciousness about the risks of disaster;

XIV-guide communities to adopt appropriate prevention and response behaviors in disaster situation and promote self-protection; and

XV-integrate information into system capable of subsidizing the organs of SINPDEC in prediction and control of effects negatives of adverse events on the population, the goods and services and the environment.

Section II

Of the competencies of the Federated Entes

Art. 6 ° Compete to the Union:

I-exasking standards for implementation and implementation of PNPDEC;

II-coordinate the SINPDEC, in articulation with the states, the Federal District and the Municipalities;

III-promote studies referring to the causes and possibilities of occurrence of disasters of any origin, its incidence, extent and consequence;

IV-supporting the states, the Federal District and the Municipalities in the mapping of the risk areas, in the studies of threat identification, susceptibilities, vulnerabilities and risk of disaster and in the remaining actions of prevention, mitigation, preparedness, response and recovery;

V-institute and maintain information system and disaster monitoring;

VI-institute and maintain national enrollment of municipalities with areas susceptible to the occurrence of large landslides impact, brusque floods or geological or hydrological processes correports;

VII- institute and maintain system for declaration and recognition of emergency or state of public calamity situation;

VIII-institute the National Civil Protection and Defense Plan;

IX-carry out the meteorological, hydrological and geological monitoring of the risk areas, as well as of the biological, nuclear and chemical risks, and produce alerts on the possibility of occurrence of disasters, in articulation with the states, the Federal District and the Municipalities;

X-establish criteria and conditions for the declaration and recognition of emergency situations and state of public calamity;

XI-encourage the installation of university centers of teaching and research on disasters and of nuclei multidisciplinary permanent teaching and distance, intended for the research, extension and empowerment of human resources, with views in the management and execution of protection and civil defense activities;

XII-fomenting research on the deflagrant events of disasters; and

XIII-supporting the teaching community in the development of development-related teaching-pedagogical material of the culture of disaster prevention.

§ 1 ° The National Plan for Protection and Civil Defence will contain, at the very least:

I-the identification of the risks of disasters in the geographical regions and large river catchment areas of the Country; and

II-the governmental action guidelines of protection and civil defence in the national and regional scope, in particular as to the meteorological, hydrological and geological monitoring network and the biological, nuclear and chemical risks and the production of early warnings from the regions with risk of disasters.

§ 2 ° The deadlines for drafting and revising the National Plan for Protection and Defence Civil will be defined in regulation.

Art. 7 ° Compete to the States:

I-run the PNPDEC in its territorial scope;

II-coordinate the actions of the SINPDEC in articulation with the Union and the Municipalities;

III-institute the State Plan for Protection and Civil Defense;

IV-identify and map the risk areas and carry out studies of threat identification, susceptibilities and vulnerabilities, in articulation with the Union and the Municipalities;

V-carry out monitoring meteorological, hydrological and geological areas of risk areas, in articulation with the Union and the Municipalities;

VI-supporting the Union, when requested, in the recognition of emergency situation and state of public calamity;

VII-declare, when it is the case, state of public calamity or emergency situation; and

VIII-supporting, where necessary, the Municipalities in the lifting of the risk areas, in the elaboration of the Plans of Contingency of Protection and Civil Defense and the dissemination of prevention and alertness protocols and emergency actions.

Paragraph single. The State Plan of Protection and Civil Defense will contain, at the very least:

I-the identification of the hydrographic basins with risk of occurrence of disasters; and

II-the action guidelines government of protection and civil defence in the state scope, in particular with regard to the deployment of the meteorological, hydrological and geological monitoring network of the basins with disaster risk.

Art. 8 ° Compete to Municipalities:

I-run the PNPDEC in local scope;

II-coordinate the actions of SINPDEC in the local framework, in articulation with the Union and the states;

III-incorporate the civil protection and defense actions in the municipal planning;

IV-identify and map the risk areas of disasters;

V-promoting the surveillance of disaster risk areas and vetting new occupations in these areas;

VI-declare situation of emergency and state of public calamity;

VII-survey edifices and risk areas and promote, when it is the case, preventive intervention and evacuation of the population of the high-risk areas or of the vulnerable buildings;

VIII-organize and administer interim shelters for assistance to the population in disaster situation, under proper conditions of hygiene and safety;

IX-keeping the population informed about areas of risk and occurrence of extreme events, as well as on prevention and alert protocols and on emergency actions in circumstances of disasters;

X-mobilize and empower the radioamateurs for acting in the disaster occurrence;

XI-regularly carry out simulated exercises, as per Plan de Protection and Civil Defense contingency;

XII-promoting the collection, distribution and the control of supplies in disaster situations;

XIII-proceed to damage assessment and damage from disaster-hit areas;

XIV-keep the Union and the State informed on the occurrence of disasters and the civil protection activities in the Municipality;

XV- stimulate the participation of private entities, volunteer associations, service clubs, non-governmental organizations and class and community associations in SINPDEC's actions and promote the training of volunteer associations to joint acting with the supported communities; and

XVI-prover temporary housing solution to families hit by disasters.

Art. 9 ° Compete to the Union, the States and the Municipalities:

I-develop national culture of disaster prevention,

aimed at the development of the national consciousness about the disaster risks in the Country;

II-stimulate prevention behaviors capable of preventing or minimise the occurrence of disasters;

III-stimulate the reorganization of the productive sector and the economic restructuring of the disaster-hit areas;

IV-establish measures preventive safety against disasters in schools and hospitals situated in areas of risk;

V-offer human resource capacity-building for the actions of protection and civil defense; and

VI-provide data and information for the national disaster information and monitoring system.

CHAPTER III

OF THE NATIONAL PROTECTION SYSTEM

AND CIVIL DEFENSE-SINPDEC

Section I

General provisions

Art. 10. The SINPDEC consists of the organs and entities of the federal public administration, the states, the Federal District and the Municipalities and the public and private entities of significant acting in the area of protection and civil defence.

Paragraph single. The SINPDEC aims to contribute in the process of planning, articulation, coordination and execution of the programs, projects and actions of protection and civil defense.

Art. 11. The SINPDEC will be managed by the following bodies:

I-advisory body: CONPDEC;

II-central organ, defined in act of the federal executive branch, with the purpose of coordinating the system;

III-the state and municipal governing bodies of protection and civil defence; and

IV-setorial organs of the 3 (three) amber of government.

Paragraph single. They will be able to participate in SINPDEC the community organizations of voluntary character or other entities with significant acting in the local actions of protection and civil defence.

Section II

From the National Council of Civil Protection and Defense-CONPDEC

Art. 12. The CONPDEC, an integral collegiate body of the Ministry of National Integration, will have for purposes:

I-assist in the formulation, implementation and execution of the National Civil Protection and Defense Plan;

II-propose standards for implementation and execution of PNPDEC;

III-exasking procedures for implementation, execution and monitoring of PNPDEC, observed the provisions of this Law and in its regulation;

IV-propose procedures for care for children, adolescents, gestures, seniors and people with disabilities in disaster situation, observed applicable legislation; and

V-track compliance with the legal and regulatory provisions of protection and civil defence.

§ 1 ° The organization, composition and functioning of the CONPDEC will be established in an act of the Executive Power federal.

§ 2 ° The CONPDEC will contest with representatives of the Union, of the States, of the District Federal, of the Municipalities and organized civil society, including representatives of communities hit by disaster, and by notorious experts know.

CHAPTER IV

FINAL PROVISIONS

Art. 13. It is authorized the creation of disaster monitoring information system, in computerized environment, that will act through shared data base among the SINPDEC members aiming at the offering of up-to-date information to prevention, mitigation, alertness, response and recovery in disaster situations across the national territory.

Art. 14. The housing programs of the Union, states, the Federal District, and the Municipalities should prioritize the relocation of stricken communities and residents from at-risk areas.

Art. 15. The Union will be able to maintain specific credit line, through its official financial agencies of fomenting, aimed at the spin capital and investment of corporate companies, individual entrepreneurs and physical or legal persons in Municipalities hit by disaster that have the emergency situation or the state of public calamity recognized by the federal executive branch.

Art. 16. It shall be the Union authorized to provide encouragement to the Municipality to adopt measures aimed at increasing the supply of urbanized land for use in housing of social interest, by means of the institutes provided for in Law No. 10,257, of July 10 2001, in the form of the regulation.

Single paragraph. The incentive that it treats the caput will understand the transfer of resources for the acquisition of land for housing programs of social interest.

Art. 17. In situations of imminent or occurrence of disaster, they stay the competent organs authorized to transfer seized goods in combat operations and suppression to crimes for the organs of protection and civil defence.

Art. 18. For the purposes of the provisions of this Act, they shall be deemed to be agents of protection and civil defence:

I-the political agents of the Union, the states, the Federal District and the Municipalities responsible for the higher direction of the organs of SINPDEC;

II-the public servants responsible for the coordination and direction of bodies or public entities providers of the civil protection and defence services;

III-the public servants holding office, employment or civil service, civil or military, with assignments relating to the provision or execution of the civil protection and defence services; and

IV-the agents volunteers, linked to private entities or volunteer service providers who exercise, in supplementary character, services related to protection and civil defence.

Paragraph single. The organs of SINPDEC shall adopt, within the framework of their competences, the relevant measures to ensure the professionalization and qualification, in permanent character, of the public servants referred to in the inciso III.

Art. 19. They apply to the Federal District the competences assigned in this Act to the States and the Municipalities.

Art. 20. The amendment of Law No. 12,340, from 1 ° December 2010, passes the invigoration with the following essay: " Dislays on transfers of Union resources to the organs and entities of the states, Federal District and Municipalities for the execution of response actions and recovery in the disaster-stricken areas, and about the Special Fund for Public Calamities; and gives other arrangements. "

Art. 21. The arts. 4 ° and 5 ° of the Law No. 12,340, from 1 ° December 2010, go on to invigorate with the following essay:

" Art. 4 ° It shall be mandatory for transfers from the Union to the organs and entities of the States, the Federal District and the Municipalities for the execution of response and recovery actions, observed the requirements and procedures laid down in this Act.

§ 1 ° The actions of which treats the caput will be defined in regulation, and the central body of SINPDEC will define the amount of resources to be transferred, upon specific account deposit kept by the recipient in federal official financial institution, according to its availability budgeting and financial and based on the information obtained before the federative ente.

§ 2 ° In the case of execution of recovery actions, the beneficiary shall submit work plan to the central organ of the SINPDEC at the maximum time of 90 (ninety) days of the occurrence of the disaster. " (NR)

" Art. 5 ° The central organ of SINPDEC will monitor and scrutinise the application of the transferred resources in the form of the art. 4 °.

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

§ 2 ° The entes beneficiaries of the transfers of which it treats the caput should submit to the central body of the SINPDEC a provision of accounts of the total resources received, in the form of the regulation.

§ 3 ° The beneficiaries will maintain, by the time limit of 5 (five) years, counted from the date of approval of the provision of accounts that it treats § 2 °, the documents to it concerning, inclusive of the vouchers of payments effected with the financial resources transferred in the form of this Act, by becoming obliged to make them available, whenever requested, to the central body of the SINPDEC, to the Court of Auditors of the Union and to the Internal Control System of the Power Federal executive. " (NR)

Art. 22. Law No. 12,340, from 1 ° December 2010, passes the increased invigoration of the following arts. 3 °-A, 3 °-B and 5 ° -A:

" Art. 3 °-A. The Federal Government will institute national enrollment of municipalities with areas susceptible to the occurrence of major impact landslides, sudden flooding or correlated geological or hydrological processes, as per regulation.

§ 1 ° The enrollment in the enrollment predicted in the caput will give itself on the initiative of the Municipality or by referral of the remaining federated ones, observed the criteria and procedures provided for in regulation.

§ 2 ° The Municipalities included in the enrollment should:

I-elaborate mapping containing the areas susceptible to the occurrence of landslides of major impact, sudden floods or geological or hydrological processes correports;

II-elaborate Plan of Contingency of Civil Protection and Defense and institute municipal civil defense bodies, according to the procedures established by the central body of the National Civil Protection and Defense System-SINPDEC;

III-elaboration plan of implantation of works and services for disaster risk reduction;

IV-create control and surveillance mechanisms to avoid the erection in areas susceptible to the occurrence of large impact landslides, sudden floods or geological or hydrological processes correports; and

V-elaborating geotechnical letter of aptitude to urbanization, establishing urbanistic guidelines aimed at the safety of the new soil parcelings and for the harnessing of aggregates for civil construction.

§ 3 ° The Union and the States, within the framework of their competencies, will support the Municipalities in effecting the measures provided for in § 2 °.

§ 4 ° Without prejudice to the actions of monitoring developed by the states and Municipalities, the Federal Government will periodically publish information on the evolution of occupations in areas susceptible to the occurrence of major-impact landslides, sudden floods or processes geological or hydrological correports in the Municipalities constants of the enrollment.

§ 5 ° The information that it treats § 4 ° will be forwarded, for knowledge and arrangements, to the Executive and Legislative Powers of the respective States and Municipalities and to the Public Prosecutor's Office.

§ 6 ° The Contingency and Defense Contingency Plan Civil will be drawn up within 1 (one) year, being subjected to evaluation and provision of annual accounts, by means of public hearing, with wide dissemination. "

" Art. 3 °-B. Verified the existence of occupations in areas susceptible to the occurrence of large impact landslides, sudden flooding or correlated geological or hydrological processes, the municipality will adopt the arrangements for risk reduction, among the which, the execution of contingency plan and safety works and, where necessary, the removal of buildings and the resettlement of the occupants in safe place.

§ 1 ° The effectivation of the removal will only give by the prior observance of the following procedures:

I-realization of on-site surveys and elaboration of technical laureates demonstrating the risks of the occupation to the physical integrity of the occupants or third parties; and

II-notification of removal to occupants accompanied by copy of the technical laureate and, where the case is the case, of information on the alternatives offered by the public power to ensure their right to housing.

§ 2 ° In the removal hypothesis of buildings, measures should be adopted that prevent re-occupancy of the area.

§ 3 ° Those who have their removed housing should be housed, when necessary, and enrolled by the Municipality for guaranteed housing fulfillment in definitive character, in accordance with the criteria of public housing public housing programs. "

" Art. 5 °-A. Ascertained, at any time, the presence of vices in the documents submitted, or the inexistence of the state of public calamity or the declared emergency situation, the administrative act that has authorized the realization of the transfer mandatory will lose its effects, staying the ente beneficiary obliged to return the repast values, duly updated.

Paragraph single. Without prejudice to the provisions of the caput, occurring evidence of falsification of documents by the federated ente, should be notified to the Federal Public Prosecutor's Office and the respective State Public Prosecutor's Office, for the adoption of the full arrangements. "

Art. 23. It is vetted the granting of license or building alvades in areas of risk indicated as unedible in the director plan or legislation of it derived.

Art. 24. The inciso VI of the art. 2 ° of Law No. 10,257 of July 10, 2001, it passes the invigorating addition of the following point h:

" Art. 2 ° .....................................................................................

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

VI- ..........................................................................................

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

h) the population exposure to risks of disasters.

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

Art. 25. The art. 41 of Law No. 10,257 of July 10, 2001, it passes on the invigorating addition of the following inciso VI:

" Art. 41. ...................................................................................

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

VI-included in the national enrollment of Municipalities with areas susceptible to the occurrence of major-impact landslides, brusque flooding or geological or hydrological processes correports.

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

Art. 26. Law No. 10,257 of July 10, 2001, passes the increased invigoration of the following arts. 42-A and 42-B:

" Art. 42-A. In addition to the content provided for in the art. 42, the director plan of the Municipalities included in the national enrollment of municipalities with areas susceptible to the occurrence of major impact landslides, sudden flooding or geologic or hydrological processes correports should contain:

Parceling, use, and occupancy parameters of the soil, so as to promote the diversity of uses and contribute to the generation of employment and income;

II-mapping containing the areas susceptible to the occurrence of major-impact landslides, sudden floods or processes geologic or hydrological correports;

III-planning actions of preventive intervention and population relocation of disaster risk areas;

IV-measures of urban drainage necessary for the prevention and mitigation of disaster impacts; and

V-guidelines for the funday-to-day regularization of settlements urban irregular, if any, observed Law No. 11,977 of July 7, 2009, and too many relevant federal and state standards, and prediction of areas for housing of social interest by demarcation of special zones of social interest and of other urban policy instruments, where the housing use is allowed.

§ 1 ° The identification and mapping of risk areas will take into account geotechnical letters.

§ 2 ° The content of the director plan should be compatible with the provisions inserted in the water resource plans, formulated depending on the Law No. 9,433 of January 8, 1997.

§ 3 ° The Municipalities adept the master plan to the provisions of this article, on the occasion of their review, observed the legal deadlines.

§ 4 ° The Municipalities framed in the inciso VI of the art. 41 of this Act and that they have no approved director plan will have the term of 5 (five) years for their forwarding for approval by the City Hall. "

" Art. 42-B. The Municipalities wishing to broaden their urban perimeter after the date of publication of this Act should draw up specific project that contains, at a minimum:

I-demarcation of the new urban perimeter;

II-delimitation of the excerpts with restrictions on urbanization and the excerpts subject to special control in threat of natural disasters;

III-definition of specific guidelines and of areas that will be utilized for infrastructure, viary system, equipment and public, urban and social facilities;

IV-definition of parceling parameters, use, and occupancy of the soil, so as to promote the diversity of uses and contribute to generation of employment and income;

V-the prediction of areas for housing of social interest through the demarcation of special zones of social interest and of other urban policy instruments, when the housing use is allowed;

VI-definition of specific guidelines and instruments for environmental protection and historical and cultural heritage; and

VII-definition of mechanisms to ensure fair distribution of the burden and benefits arising from the process of urbanization of the territory of urban expansion and the recovery to the collective of the real estate valuation resulting from the action of public power.

§ 1 ° The specific project of which treats the caput of this article should be instituted by municipal law and meet the guidelines of the master plan, when there is.

§ 2 ° When the director plan contemplates the requirements set out in the caput, the Municipality will be exempted from the elaboration of the specific project of which treats the caput of this article.

§ 3 ° The approval of soil parceling projects in the new urban perimeter will be conditional on the existence of the specific project and should comply with its provisions. "

Art. 27. The art. 12 of Law No. 6,766, of December 19, 1979, passes the vigour with the following essay, renumbering the current single paragraph for § 1 °:

" Art. 12. ...................................................................................

§ 1 The approved project is to be executed at the constant timeframe of the execution schedule, under penalty of expiry of the approval.

§ 2 ° In the Municipalities entered in the national cadet of municipalities with areas susceptible to the occurrence of large impact landslides, sudden flooding or correlated geological or hydrological processes, the project approval of which treats the caput will be linked to the fulfillment of the constant requirements of the geotechnical letter of aptitude to urbanization.

§ 3 ° It is vetted the approval of loosing and dismemberment project in areas of risk defined as non-edificables, in the master plan or in legislation of it derived. " (NR)

Art. 28. The art. 3 ° of Law No. 8,239 of October 4, 1991, which regulates the § § 1 ° and 2 ° of the art. 143 of the Federal Constitution, which they dispose of the provision of Alternative Service to the Compulsory Military Service, passes the invigorated invigoration of the following § § 4 ° and 5 °:

" Art. 3 ° .....................................................................................

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

§ 4 ° The Alternative Service will include the training for acting in disaster-stricken areas, in an emergency situation and state of calamity, executed in an integrated manner with the federal body responsible for the deployment of the civil protection and defense actions.

§ 5 ° The Union will articulate itself with the states and the Federal District for the execution of the training referred to in § 4 ° of this article. " (NR)

Art. 29. The art. 26 of Law No. 9,394 of December 20, 1996, which sets out the guidelines and bases of national education, passes on the invigoration increased from the following § 7 °:

" Art. 26. ..................................................................................

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

§ 7 ° The curricula of elementary and middle education should include the principles of protection and civil defense and environmental education in an integrated manner to the mandatory contents. " (NR)

Art. 30. The arts are revoked. 1 °, 2 ° and 17 of Law 12,340, from 1 ° December 2010.

Art. 31. This Law shall come into force on the date of its publication, with the exception of the provisions of § 2 ° of the art. 12 of Law No. 6,766, of December 19, 1979, which will enter into force after decorations 2 (two) years of the date of its official publication.

Brasilia, April 10, 2012; 191 ° of Independence and 124 ° of the Republic.

MICHEL TEMER

José Eduardo Cardozo

Luiz Antonio Rodríguez Elias

Izabella Monica Vieira Teixeira

Alexandre Navarro Garcia

Alexandre Cordeiro Macedo