Key Benefits:
LEI NO. 11,098, OF January 13, 2005
Attributes to the Ministry of Social Welfare competences concerning the fundraising, surveillance, launch and normatization of pension revenue, authorizes the creation of the Office of the Revenue Office under the said Ministry; changes the Laws 8,212, of July 24, 1991, 10,480, of July 2, 2002, 10,683, of May 28, 2003; and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:
Art. 1º To The Ministry of Social Welfare compete to raise, scrutinize, launch and standardise the pick-up, on behalf of the National Institute of Social Insurance-INSS, of the social contributions provided for in points (a, b and c of the single paragraph of the art. 11 of Law No. 8,212 of July 24, 1991 and of the contributions instituted to be substituted, as well as the remaining correlates and consequential attributions, including those relating to the tax administrative litigation, as disposed of regulation.
Art. 2º The Federal Attorney General, the organ linked to the Advocate-General of the Union, shall exercise, without prejudice to the remaining assignments provided for in the legislation, the tasks of judicial representation and extrajudicial relating to the implementation of the INSS active debt reaching the tax competence regarding the social contributions referred to in art. 1st of this Law, as well as its tax litigation, in the Federal, Labor and States Justices.
Art. 3º The assignments of which treat the arts. 1º and 2nd of this Act extend to contributions due to third parties, in the form of the legislation in force, applying in relation to those contributions, in what couber, the provisions of this Act.
Art. 4º The art caput. 39 of Law No. 8,212 of July 24, 1991, passes the vigour with the following essay:
" Art. 39. The updated original debit monetarily, the variable fine and the default interest on it incidents, as well as other fines provided for in this Act, are to be released in own book intended for enrollment in the INSS active debt as to the social contributions whose allocation to raise, scrutinize, launch and standardise the pick-up is from the Revenue Secretary's Office of the Ministry of Social Welfare or National Finance, when this assignment is from the Registry of the Federal revenue of the Ministry of Finance.
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Art. 5º The art. 10 of Law No. 10,480 of July 2, 2002, passes the invigorate plus of the following paragraphs:
" Art. 10. ......................................................
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§ 11. The Unspecialized Federal Procuratorates and the Federal Regional Procuratorates, the Federal Prosecutors in the States and the Federal Sectional Procuratorates will be able to definitively take over the activities of judicial and extrajudicial representation of the authorities and federal public foundations of national scope.
§ 12. The Federal Non-Specialized Procuratorates and the Federal Regional Prosecutors, the Federal Prosecutors in the States and the Federal Sectional Procuratorates will be able to further centralize the activities of ascertaining the liquidity and certainty of the credits, of any nature, inherent in the activities of the federal public authorities and foundations, including those of national scope, enrolling them in active debt, for the purposes of friendly or judicial collection, as well as the activities of consulting and advising legal of them derived.
§ 13. In the cases provided for in § § 11 and 12 of this article, the respective federal authorities and public foundations will give the technical, financial and administrative support to the Federal Attorney General until their full deployment. " (NR)
Art. 6º For the fulfillment of the provisions of this Act, it will be up to the Ministry of Social Welfare, with the support of the INSS and the Company of Technology and Social Security Information-Dataprev, establish mechanisms aimed at integrating the fundraising and surveillance and collection systems, administrative and judicial.
Art. 7º The inciso XVIII of the art caput. 29 of Law No. 10,683 of May 28, 2003, passes the vigour with the following essay:
" Art. 29. ........................................................
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XVIII-from the Ministry of Social Welfare the National Council of Social Security, the Social Security Resources Board, the Supplemental Welfare Management Board and up to 3 (three) secretaries;
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Art. 8º To ensure the fulfillment of the provisions of this Act, lies the Executive Power authorized to:
I-create the Registry of the Revenue Revenue in the basic structure of the Ministry of Social Welfare;
II-transfer from the structure of the INSS to the structure of the Ministry of Social Welfare the technical and administrative bodies and units which, on the date of October 5, 2004, are linked to the Directorate of Revenue Revenue and the Revenue Recovery Ordinance, or by exercising activities related to the area of competence of the said Directors and Coordinating General, including within the framework of their units decentralized;
III-transfer from the INSS Staff Framework to the Personnel Framework of the Ministry of Social Welfare the Auditoria-Fiscal Career of Social Security, being redistributed to the Ministry of the Social Security the vacant and occupied positions, retirees and pensioners of the said Carreira, assured of their members legal assistance in legal actions and inquiries arising from the exercise of the office;
IV- fix the exercise, under the Ministry of Social Welfare, of the servers which, on the date of October 5, 2004, find themselves in effective exercise in the Directorate of Revenue Revenue, in the General Revenue Recovery Ordinance and in the technical and administrative units to them linked, without prejudice to the perception of remuneration and the other perks related to the post they occupy and without alteration of their assignments and their respective load-taking units;
V-fix the exercise, within the framework of the Federal Attorney General, of the servers which, on the date of October 5, 2004, find themselves in effective exercise in the units linked to the area of active debt collection and contentious tax litigation of the Federal Prosecutor's Office Specialized with the INSS, without prejudice to the perception of remuneration and the other perks related to the post they occupy and without alteration of their assignments and their respective loathing units;
VI-transfer from the INSS to the Ministry of Social Welfare the technical and patrimonial hits, the obligations and rights, their contracts and arrangements, as well as the processes and too much instruments in tramway, related to the competences and prerogatives referred to in this Act; and
VII-remanejar, transfer or use the budget balances of the Ministry of Social Welfare and INSS to meet the expenditure on structuring and maintenance of organs and units to be created, transferred or processed, in the form of the inciso I of this article and of the art. 2nd of this Act, held the functional-programmatic classification, as well as the subprojects, subactivities and expense groups set out in the Budget Law in force.
Art. 9º The Ministry of Social Welfare may request servers of the Pension Industry that it treats Law No. 10,355 of December 26, 2001 and of the Social Insurance Carrier that it treats Law No. 10,855, December 26, 2001, regardless of the designation for office in committee or trust function, to have exercise in the scope of the Registry of the Revenue Forecast and its units.
§ 1º The requisitions that treats the caput of this article will be irishable and should be promptly serviced.
§ 2º Stay the limited requisitions up to the maximum quantitative of 2,500 (two thousand and five hundred) servers.
Art. 10. They are created within the framework of the Federal Executive Power, for restructuring of the Ministry of Social Welfare, the following posts in committee of the Group-Direction and Superiors of superiors-DAS:
I-1 (one) DAS-6;
II-2 (two) DAS-5;
III-2 (two) DAS-4; and
IV-2 (two) DAS-3.
Art. 11. They become transformed, within the framework of the Federal Executive Power, without increase in expenditure, 41 (forty and one) posts in committee of the Group-Direction and Advising Superiors-DAS, level 1, and 170 (one hundred and seventy) Gratified Functions-FG, being 132 (cent and thirty-two) FG-1, 6 (six) FG-2 and 32 (thirty-two) FG-3, in 7 (seven) DAS-4, 15 (fifteen) DAS-3 and 22 (twenty two) DAS-2.
Art. 12. (VETADO)
Art. 13. It shall be the Executive Power authorized to transfer to the patrimony of the Union, in whole or in part, the real estate belonging to the Federal University of Minas Gerais, related in Annex II of this Act.
Single paragraph. The authorized transfer acts in the form of the caput of this article will discipline the conditions and deadlines for the delivery of the real estate by the Federal University of Minas Gerais.
Art. 14. This Act comes into force:
I-as of the date of publication of the act referred to in the inciso I of art. 8º, for the arts. 1º, 2º, 3º and 4º; and
II-as of October 5, 2004, for the remaining articles.
Brasilia, January 13, 2005; 184º of Independence and 117º of the Republic.
LUIZ INACIO LULA DA SILVA
Nelson Machado
Amir Lando
José Dirceu de Oliveira e Silva
Alvaro Augusto Ribeiro Costa
1. 19º (nineteenth) walk from the Acaiaca Building to Avenida Afonso Pena, at 867, Center, as Public Writing transcribed on August 13, 1980, under Matriculation No. 19,221, in Book 2, of the Carthorium of the 4º Registration Office of Real estate of Belo Horizonte.
2. 20ºo (twentieth) walk from the Acaiaca Building to Avenida Afonso Pena, No. 867, Center, as Public Writing transcribed on August 13, 1980, under Matriculation No. 19,222, in Book 2, of the Carthorium of the 4ºo Registered Estate Registration Office of Belo Horizonte.
3. Buildings and respective grounds of the Engineering School Complex (exceeding the Alcindo Vieira Building-Cultural Centre-à Avenida Santos Dumont, No 174): building of the José Renault Rabbit Pavilion, situated at 243 Guaicurus Street, Galpons das ancient Oficinas Christiano Ottoni, situated on Guaicurus Street, in the 187 and 203, building of the Mário Werneck Pavilion (Library), situated at the Rua da Bahia, No 112, building called the Cássio Pinto Building, situated to the Holy Spirit Street, No 96, building named Building João Fulgence de Paula, situated at Rua Guaicurus, No 214, building called the Lourenço Baeta Neves building, situated at 200 Guaicurus Street, building named Industrial Technology, situated on the street of Bahia, No 52, building named Building Arthur Guimarães, situated at Holy Spirit Street, in the 35, building called the Álvaro da Silveira Building, situated on the Avenue of the Contour, No 842, as Public Office transcribed on July 11, 1980, under Matriculation No. 16,003, Book 2, of the Carthorium of the 5º The Belo Horizonte Real Estate Registration Office.
4. Building of 12 (twelve) pavements and respective terrain of the Faculty of Economic Sciences, situated at 832 Curitiba Street, as Public Writing of February 17, 1976, transcribed under the Matriculation No. 5,830, Book 2, of the 3rd Offender Office of Real estate register of Belo Horizonte.
5. Building of 7 (seven) pavements and respective terrain of the Faculty of Pharmacy, situated to the Olegary Maciel Avenue, No. 2,360, as Public Writing, transcribed on September 28, 1979 under the Matriculation No. 13,130, Book 2, in the 5º Office of the Office of the Oftice Real estate register of Belo Horizonte.
6. Building of 4 (four) pavements and respective terrain of the Faculty of Odontology, situated in the neighbourhood City Garden, between the streets Bernardo Mascarenhas, Renato César and Josafá Belo, in a triangular manner, as Public Writing transcribed in 19 of August 1977 under the Matriculation No. 6,864, Book 2, of the Carthorium of the 1º Oficío de Registration de Estates de Belo Horizonte.
7. Terrain of 3,778.00 m2 and respective buildings of the FAFICH Coleginho, situated at Carangola street, No 288, as Public Writing of April 15, 2002, transcribed to the fls. 3, under paragraph 6,863, Book 2, of the Carthorium of the 1º Registration Office of Belo Horizonte.
8. Lot 9 of Quadra 5 of the Garden City situated at the rue Josafá Belo, as Public Writing washed on March 21, 1956 and transcribed on June 11, 1956 to the fls. 215, under the No 1981 of Book 3-A, of the Carthorium of the 4º Registration Office of Real estate of Belo Horizonte.
9. Lot 10 of Quadra 5 of the Garden City situated at the rue Josafá Belo, as Public Writing washed on March 21, 1956 and transcribed on June 11, 1956 to the fls. 215, under the No. 1981 of Book 3-A, of the Carthorium of the 4th Estate Registration Office of Belo Horizonte.
