DECREE NO. 5,376 OF February 17, 2005

Disposes about the National Civil Defense System-SINDEC and the National Civil Defense Council, and gives others providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso VI, point "to", and with a view to the provisions of the art. 21, inciso XVIII, of the Constitution,

DECRETA:

Art. 1º The organs and entities of the federal public administration, the states, the Federal District and the Municipalities, the private entities and the community, responsible for civil defence actions across the national territory, will constitute the National Civil Defence System-SINDEC, under the coordination of the National Secretariat of Civil Defence, of the Ministry of National Integration.

Art. 2º The civil defense actions are articulated by SINDEC's bodies and objectively object to the reduction of disasters, which comprise the following global aspects:

I-the prevention of disasters;

II-the preparedness for emergencies and disasters;

III-the response to disasters;

IV-reconstruction and recovery.

Art. 3º For the purposes of this Decree, consider:

I-civil defence: the set of preventive, relief, assistive and recoverable actions aimed at preventing or minimizing disasters, preserve morale of the population and re-establish social normality;

II-disaster: the result of adverse events, natural or man-made events about a vulnerable ecosystem, causing human, material or environmental damage and consequent economic and social damage;

III-emergency situation: the recognition by the public power of abnormal situation, provoked by disasters, causing superable harm by the affected community;

IV-state of public calamity: the recognition by the public power of abnormal situation, provoked by disasters, causing serious harm to the affected community, including to the incolumity or the life of its members.

Art. 4º The SINDEC has for purpose:

I-plan and promote permanent advocacy against natural, anthropogenic and mixed disasters, of greater prevalence in the Country;

II-carry out studies, evaluate and reduce disaster risks;

III-acting on the verge and in circumstances of disasters;

IV-prevent or minimize damage, soccur and watch affected populations, and rehabilitate and recover the scenarios of the disasters;

V-promote the articulation and coordinate SINDEC's organs throughout the national territory.

Art. 5º Integrate o SINDEC:

I-top body: the National Civil Defense Council-CONDEC, responsible for the formulation and deliberation of policies and guidelines of the System;

II-central organ: a National Office of Civil Defence, responsible for the articulation, coordination and technical supervision of the System;

III-regional bodies: the Regional Civil Defence Coordinators-CORDEC, or corresponding bodies, located in the five geographical macrorregions of Brazil and responsible for the articulation and coordination of the System on a regional level;

IV-state bodies: Civil Defence State-owned Coordinates-CEDEC or organs correspondents, Civil Defence Coordinator of the Federal District or the corresponding body, including its regional, responsible for articulation and coordination of the System at state level;

V-municipal bodies: Municipal Civil Defence Coordinates-COMDEC or corresponding bodies and Civil Defence Nucleates-NUDEC, or corresponding entities, responsible for the articulation and coordination of the System at municipal level;

VI-sectoral bodies: the organs of the federal, state, municipal and federal public administration, which articulate themselves with the coordinating bodies, with the aim of ensuring systemic acting;

VII-supporting bodies: public bodies and private entities, volunteer associations, service clubs, nongovernmental organizations and class and community associations, which support the remaining integral bodies of the System.

Art. 6º The National Council of Civil Defence-CONDEC, collegiate body of normative, deliberative and consultative character of the regimental structure of the Ministry of National Integration, has for purpose the formulation and deliberation of government guidelines on civil defence, and by competence:

I-passing standards and procedures for articulation of federal actions with the Federal District, States and Municipalities, well as the cooperation of private entities, with a view to the coordinated acting of civil defense activities;

II-approve and update the national civil defense policy and governmental action guidelines, concerning to the subject;

III-recommend to the various member bodies of SINDEC priority actions that can prevent or minimize natural or man-made disasters;

IV-approve the criteria for the declaration, type-approval and recognition of emergency or state of public calamity;

V-approve the global and sectoral plans and programs drawn up by SINDEC;

VI-deliberating on the actions of international or foreign cooperation, of interest of SINDEC, observed the prevailing standards;

VII-approve the creation of inter-institutional technical commissions for conducting studies, research and specialized works, of civil defence interest;

VIII-designate groups of interinstitutional emergency work with the aim of articulating and streamlining the actions federal in high-intensity disaster situations;

IX-passing technical criteria for analysis and approval of works and services, aimed at preventing risks, minimizing damage, and recovering deteriorated areas by disasters;

X-elaboration of the internal regiment, which will have on its functioning, as well as propose changes;

XI-submit the internal regiment for approval of the Minister of State of the National Integration.

Art. 7º The CONDEC composes itself from:

I-Plenary;

II-Advisory Committee;

III-Technical Committees and Working Groups.

Single paragraph. The Technical Committees and Working Groups will be instituted by the President of the CONDEC, with a view to promoting studies and drafting of proposals on specific topics, to be submitted to the plenary composition of the Council, which will define in the act of its setting up the specific goals, composition and deadline for completion of the work.

Art. 8º The plenum of the CONDEC will be chaired by the National Secretary of Civil Defence of the Ministry of National Integration and will be made up of a representative of each body listed below:

I-Ministry of Justice;

II-Ministry of Defence;

III-Ministry of Relations Exteriors;

IV-Ministry of Finance;

V-Ministry of Transport;

VI-Ministry of Agriculture, Livestock and Supply;

VII-Ministry of Education;

VIII-Ministry of Culture;

IX-Ministry of Labour and Employment;

X-Ministry of Social Development and Combat to Fome;

XI-Ministry of Health;

XII-Ministry of Development, Industry and Foreign Trade;

XIII-Ministry of Mines and Energy;

XIV-Ministry of Planning, Budget and Management;

XV-Ministry of Communications;

XVI-Ministry of Science and Technology;

XVII -Ministry of the Environment;

XVIII-Ministry of Sport;

XIX-Ministry of Tourism;

XX-Ministry of National Integration;

XXI-Ministry of Agrarian Development;

XXII-Ministry of Cities;

XXIII-Ministry of Social Welfare;

XXIV-Civil House of the Presidency of the Republic;

XXV-Office of Institutional Security of the Presidency of the Republic;

XXVI-Secretary for Political Coordination and Institutional Affairs of the Presidency of the Republic;

XXVII-Secretary of Government Communication and Strategic Management of the Presidency of the Republic;

XXVIII-Navy Command;

XXIX-Command of the Army;

XXX-Command of the Aeronautics.

§ 1º The members of the CONDEC, holders and alternates, shall be designated by the Minister of State for National Integration, upon indication of the bodies represented.

§ 2º The CONDEC shall meet in ordinary character at the minimum once a year and, extraordinarily, whenever convened by its President, on his own initiative or the application of a third of its members.

§ 3º In character of urgency, the President of the CONDEC will be able to deliberate ad referendum of the collegiate.

Art. 9º The Advisory Committee, the advising unit to the CONDEC, will be integrated by holders:

I-of the regional civil defence bodies;

II-of the state civil defence bodies;

III-of the civil defence bodies of the Federal District.

Art. 10. To the National Secretariat of Civil Defence, as the central body of SINDEC, it competes:

I-promote and coordinate civil defense actions by articulating and integrating SINDEC's organs at all levels;

II-normatization, follow up and guide the actions developed by the governing bodies of SINDEC;

III-promote, in articulation with the States, Municipalities and the Federal District, the organization and the implementation of the COMDECs, or corresponding bodies, and of the NUDECs, or corresponding entities;

IV-define the priority areas for investments that contribute to minimizing the vulnerabilities of the Municipalities, of the States, the Federal District and the geographic macrorregions of the Country;

V-promoting studies regarding the causes and possibilities of occurrence of disaster of any origin, its incidence, extent and consequence;

VI-systematization and integrate information within SINDEC;

VII-elaboration, update and propose to the CONDEC the national civil defence policy and the guidelines of the action government in the area of civil defence, as well as to promote its implementation;

VIII-consolidate and compatibilize global, regional and sectoral plans and programs, observed the policies and guidelines of the action government of civil defence;

IX-holding the Disaster Support Group, formed by multidisciplinary technical staff, mobilizable at any time, to act in critical situations, by express request of states, Municipalities and the Federal District;

X-elaboration and implement civil defense contingency plans, as well as projects related to the subject, in their sphere of acting;

XI-run program of resource capacity-building in civil defense and supporting the states, Federal District and Municipalities in these activities;

XII-encouraging, at national level, human resource development activities in civil defence;

XIII-encouraging the deployment of University Teaching Centres and Research on Disasters-CEPED or multidisciplinary nuclei aimed at the research, extension and empowerment of human resources with views to the management and execution of civil defense activities;

XIV-create working groups with the aim of providing the necessary technical support to the acting of organs or entities in the civil defense area;

XV-propose to the CONDEC criteria for the declaration, type-approval, and recognition of emergency or state of public calamity;

XVI-issue opinion on reports and plethings concerning the recognition of the emergency situation and the state of public calamity;

XVII-to propose to the Minister of State for National Integration the recognition of emergency or state of calamity public, in accordance with the criteria established by the CONDEC;

XVIII-providing technical and administrative support to the CONDEC and the Deliberative Junta of the Special Fund for Public Calamities-FUNCAP, created by the Decree-Law no 950, of October 13, 1969;

XIX-participate in the Brazilian Nuclear Program Protection System-SIPRON, in the form of the Decree-Law no 1,809, of October 7, 1980, and supplementary legislation;

XX-deploy and operationalize the National Center for Risk Management and Disasters-CENAD, and promote the consolidation and interlinkage of risk and disaster information within SINDEC;

XXI-promoting and directing technically the Municipalities, in articulation with the States and the Federal District, the organization and implementation of operational commands to be used as a managerial tool to command, control, and coordinate the emergency actions, in circumstances of disasters;

XXII-implant and implement the Information Systems on Disasters in Brazil-SINDESB, the Disaster Monitoring System, the Alert System and Alarm system Disasters, the Disaster Response System, the Population Aid and Service System and the Prevention and Reconstruction System, within SINDEC, and encourage the creation and interconnection of operations centres on their three levels;

XXIII-propose technical criteria for analysis and approval of works and services aimed at preventing risks, minimizing damage, and recovering disaster-impaired areas;

XXIV-give priority to the support for preventive actions and the remaining ones related to disaster minimization;

XXV-participate in collegiate bodies that address the execution of measures related to the protection of the population, preventive and in case of disasters, including nuclear accident;

XXVI-promoting technical exchange between international governmental protection and civil defense bodies, participating as a member representative of the Civil Defence Brazilian.

Single paragraph. The National Office of Civil Defence will be able to provide the administrative support and means necessary to carry out the work of the secretarship of the CONDEC and its committees and working groups.

Art. 11. The regional bodies compete:

I-coordinate, guide and evaluate, at a regional level, the actions developed by the SINDEC integral bodies;

II-undertake studies on the possibility of occurrence of disaster of any origin, its incidence, extent and consequence;

III-keep up-to-date and available the information related to civil defence;

IV -coordinate the drafting and implementation of civil defense directors ' plans, contingency plans and operations plans, as well as projects related to the subject;

V-facilitate and consolidate the plans and programs civil defense states, for the drafting of regional plans;

VI-support the human resource capacity-building activities directed at civil defense actions;

VII-support the distribution and control of supplies to disaster-stricken populations, in articulation with SINDEC integral assistive bodies;

VIII-encourage the implementation of COMDECs, or corresponding organs, and of NUDECs, or corresponding entities;

IX-promoting in the Municipalities, in articulation with the States and the Federal District, the organization and implementation of operational commands to be used as a tool managerial to command, control and coordinate the emergency actions, in circumstances of disasters;

X-participate in the Systems of which treats art. 22 and promote the creation and interlinkage of operations centres;

XI-prioritising support for preventive actions and the rest related to disaster minimization.

Art. 12. To the state bodies and the Federal District compete:

I-articulate, coordinate and manage the civil defense actions at state level;

II-keep up-to-date and available the information related to civil defense;

III-elaborating and implementing civil defense directors plans, contingency and operations plans, as well as programs and projects related to the subject;

IV-provide for own budget resources necessary for the assistive, recovery or preventive actions, as a counterpart to the transfers of Union resources in the form of the current legislation;

V- empower human resources for civil defense actions;

VI-promoting the inclusion of civil defense principles, in the school curricula of the state network and the Federal District of high school and fundamental, providing full support to the teaching community in the development of pedagogical-didactic material for that purpose;

VII-maintain SEDEC and CORDEC, or corresponding organ, informed about disaster occurrences and civil defence activities;

VIII-propose to the competent authority the type-approval of emergency and state of public calamity, in accordance with criteria established by the CONDEC and, in exceptional cases, defined by the CONDEC, its decrement;

IX-supporting the collection, distribution and control of supplies necessary for the supply of the disaster-hit population;

X- to promote and support the implementation and operation of the COMDECs, or corresponding bodies, and of the NUDECs, or corresponding entities;

XI-promoting in the Municipalities and the Federal District, in articulation with COMDECs, or corresponding bodies, the organization and implementation of operational commands to be used as a generational tool for commanding, controlling and coordinating emergency actions, in circumstances of disasters;

XII-empower and support the Municipalities and the Federal District to carry out damage and damage assessment in disaster-hit areas;

XIII-participate in the Systems of which it treats art. 22 and promote the creation and interconnection of operations centres;

XIV-orient the surveys of areas of risk, intervene or recommend preventive intervention, isolation and evacuation of the population of areas and of vulnerable buildings;

XV-conduct simulated exercises for training the teams and improvement of contingency plans;

XVI-give priority to support for preventive actions and to those related to disaster minimization.

§ 1º The state civil defence body will be able to set up the Civil Defence State Regional Office-REDEC as an integral part of its structure and establish its tasks with the purpose of articulating and coordinating civil defense actions in the set of the Municipalities that constitute their areas of acting.

§ 2º States will be able to exercise, in their jurisdiction, the control and surveillance of the activities capable of provoking disasters.

Art. 13. To COMDECs, or corresponding bodies, compete:

I-articulate, coordinate, and manage civil defense actions at municipal level;

II-promote broad community participation in the actions of civil defence, especially in the activities of planning and actions of disaster responses and reconstruction;

III-elaboration and implement directors ' plans, contingency plans and defence operations plans civil, as well as projects related to the subject;

IV-draw up the annual action plan, objecting to the attendance of actions in time of normality, as well as in emergency situations, with the guarantee of resources of the municipal budget;

V-probing own budget resources necessary for actions related to disaster minimization and with the re-establishment of the normality situation, to be used as a counterpart of the transfer of resources from the Union and the States, in accordance with the current legislation;

VI-empowing human resources for civil defense actions and promoting the development of volunteer associations, seeking articulate, at most, joint acting with the supported communities;

VII-promoting the inclusion of civil defence principles, in the school curricula of the municipal high school network and fundamental, providing all support to the teaching community in the development of pedagogical-didactic material for that purpose;

VIII-survey edifices and risk areas and promote or articulate preventive intervention, isolation and evacuation of the population of heightened risk areas and vulnerable buildings;

IX-deploy databases and draw up thematic maps on multiple threats, vulnerabilities and territory-level furnishing, level of risks and on resources related to the territory's equipment and available for supporting operations;

X-analyzing and recommending the inclusion of risk areas in the director plan established by § 1st art. 182 of the Constitution;

XI-holding the state civil defense body and the National Secretariat of Civil Defense informed about the occurrence of disasters and about civil defense activities;

XII-conduct simulated exercises, with the participation of the population, for training of the teams and improvement of the contingency plans;

XIII-proceed to the assessment of damage and damage of the areas hit by disasters, and the filling of the Preliminary Notification forms of Disasters-NOPRED and Assessment of Damage-AVADAN;

XIV-propose to the competent authority the decrement of emergency or state of affairs of public calamity, in accordance with the criteria established by the CONDEC;

XV-vistoriate, periodically, places and facilities suitable to temporary shelters by making the relevant information available to the population;

XVI-perform the collection, distribution, and control of supplies in disaster situations;

XVII-plan the organization and administration of provisional shelters for assistance to the population in disaster situation;

XVIII-participate in the Systems of which it treats art. 22, promote the creation and interlinkage of operations centers and increment the monitoring, alert and alarm activities, with the aim of optimizing disaster prediction;

XIX-promoting mobilization community and the deployment of NUDECs, or corresponding entities, especially in elementary and middle level schools and in areas of heightened risks and, still, to deploy volunteer training programs;

XX-implement the operational commands to be used as a managerial tool to command, control and coordinate emergency actions in circumstances of disasters;

XXI-articulate with the Regional Ones Civil Defence State-REDEC, or corresponding bodies, and actively participate in the Mutual Support Plans-PAM, in accordance with the principle of mutual aid among the Municipalities.

§ 1º The municipal defence body civil defence will be able to set up Civil Defence Distritals, or corresponding bodies, as an integral part of its structure and establish its assignments, with the purpose of articulating and executing civil defence actions in the specific areas in districts, neighbourhoods or localities of the Municipality.

§ 2º The Municipalities will be able to exercise, in their jurisdiction, the control and surveillance of activities capable of causing disasters.

Art. 14. The NUDECs, or corresponding entities, function as meeting centers and debates between COMDEC and local communities and plan, promote and coordinate civil defense activities, with prominence for:

I-a risk assessment of disasters and the preparation of thematic maps related to the threats, vulnerabilities of the scenarios and with the areas of heightened risks;

II-the promotion of structural preventive measures and non-structural, with the aim of reducing disaster risks;

III-the elaboration of contingency and operations plans, objecting to the response to the disasters and simulated exercises, to perfecting them;

IV-the training of volunteers and technical teams to act in the circumstances of disasters;

V-the joint with monitoring, alert and alarm bodies, with the aim of optimizing the prediction of disasters; and

VI-the organization of call plans, with the aim of optimizing the state of alert in the imminence of disasters.

Art. 15. To the sectoral bodies, at the federal level, through their secretaries, entities and linked bodies, and in articulation with the central body of SINDEC, in addition to other activities in accordance with their respective legal powers, will fit:

I-to the Ministry of Justice, coordinate the actions of the National Public Safety System and the acting of the Federal Polices, aiming at the preservation of public order, of the incolumity of people and of heritage in the areas in situation of disaster;

II-to the Ministry of Defense, coordinate the combined operations of the Singular Forces in the civil defense actions;

III-to the Foreign Ministry, coordinate the actions that involve the relationship with other countries and with international and foreign bodies, as to the logistical, financial, technical and scientific cooperation and joint stakes in civil defense activity;

IV-to the Ministry of Finance, adopt measures of financial, fiscal and crediting character, intended for the care of populations in areas in state of public calamity or in emergency situation;

V-ao Ministry of Transport, adopt measures for preservation and recovery of the road systems and terminals of land, sea and river transport, in disaster-stricken areas, as well as control the transport of hazardous products;

VI-to the Ministry of Agriculture, Livestock and Supply, promote preventive actions related to disasters occasioned especially by plant and animal pests; adopt measures for the care of populations in the disaster-stricken areas, providing for the distribution of seeds, inputs and food; providing data and analysis regarding weather and climate forecasts, with views to civil defence actions;

VII-ao Ministry of Education, cooperate with human resource development programme and disseminate, through the formal and informal education networks, didactic contents regarding disaster prevention and civil defence and, through the federal universities, carry out and disseminate seismological research of interest from SINDEC;

VIII-to the Ministry of Culture, promote the development of the sense of risk perception in the Brazilian population and contribute for the increment of cultural change related to disaster reduction;

IX-to the Ministry of Labour and Employment, to promote actions that aim to prevent or minimise accidents at work and damage to workers in disaster circumstances;

X-to the Ministry of Social Development and Combat to Hunger, provide social assistance to populations in disaster situation and support them with necessary supplies for survival, especially food;

XI-to the Ministry of Health, to implement and supervise public health actions, the supply of medicines, the quality control of water and food and the promotion of health in disaster circumstances; promote the deployment of pre-hospital care and emergency units, supervise the drafting of hospitals ' mobilization and security plans in circumstances of disaster; and diffuse, at level Community, basic and first aid cardiorrespiratory resuscitation techniques;

XII-to the Ministry of Development, Industry and Foreign Trade, propose measures with the aim of minimizing damage that disaster situations can provoke to the national productive means and actively participate in the prevention of human disasters of a technological nature;

XIII-to the Ministry of Mines and Energy, plan and promote the reduction of environmental degradation caused by mining and garimpos, monitoring of hydrological conditions and deflectors from the dams of hydro systems and river basins;

XIV-to the Ministry of the Planning, Budget and Management, prioritisation of resource allocation for assistance to populations and the realization of prevention and recovery works and services, in the areas subject to disaster and in a state of public calamity or in situation of emergency;

XV-to the Ministry of Communications, adopt measures objectifying to ensure and give priority to telecommunications services in the disaster-affected areas and stimulate the participation of the communication bodies in the activities of prevention and preparedness, as well as the mobilization of radioamateurs, in disaster situation;

XVI-to the Ministry of Science and Technology, develop studies and research that allow to determine areas of risks, as well as provide information aimed at the guidance of civil defence actions and analyses regarding weather forecasts;

XVII-to the Ministry of the Environment, establish standards, criteria and standards concerning the control and protection of the environment, the rational use of renewable natural resources with the aim of reducing disasters; providing data and analysis regarding monitoring of rivers and fudges, with views to civil defence actions and promote flood control and flooding;

XVIII-to the Ministry of Sport, increment sports practices with the aim of reducing vulnerabilities to human disasters of a social nature and the risks related to marginalized youth;

XIX-to the Ministry of Tourism, propose measures with the aim of reducing negative impacts on tourism activities, in circumstances of disasters;

XX-to the Ministry of National Integration, to promote and coordinate SINDEC's actions, through the National Secretariat of Civil Defence, and to compatibilize regional development plans with the actions of prevention or minimization of damage caused in circumstances of disaster;

XXI-to the Ministry of Agrarian Development, contribute to the reduction of human disasters in areas related to their activities;

XXII-to the Ministry of Cities, manage the application of resources in urban development policies aimed at the recovery and rebuilding of housing for the low-income population affected by disasters and in works and sanitation services in areas of risk;

XXIII-to the Ministry of Social Welfare, support the flagellated populations, within the framework of their assignments;

XXIV-to the Civil House of the Presidency of the Republic, the support with withdrawals carried out by the Amazon Monitoring System-SIVAM;

XXV-to the Office of Institutional Security, support SINDEC with information activities and others related to its assignments;

XXVI-to the Registry of Political Coordination and Institutional Affairs, articulate the actions of the various powers and governmental escalations to the advantage of SINDEC;

XXVII-à Secretary of Government Communication and Strategic Management of the Presidency of the Republic, support SINDEC in outreach activities;

XXVIII-the Army Command, cooperate with the disaster response actions and reconstruction and search and rescue; participate in prevention and reconstruction activities; support civil defense actions with personnel, material and means of transportation;

XXIX-to the Navy Command, coordinate the actions of harm reduction related to maritime and river claims and participate in the rescue actions of shipwrecks; support disaster response actions, with river hospitals, occurred in the Amazon; support civil defence actions with personnel, material and means of transport;

XXX-to the Aeronautics Command, coordinate the actions of aeromedical evacuations and missions of mercy, cooperate in the search and rescue actions; support the civil defense actions with personnel, material and means of transport.

§ 1º Federal bodies located in the states and in the Municipalities are authorized to participate in SINDEC at state and municipal level and to be represented in their respective Councils, should they be requested by the competent authority.

§ 2º In the states and Municipalities, the sectoral bodies correspond to those at the federal level and will perform civil defence activities according to its legal assignments, in articulation with the respective civil defense bodies, in the ambits of their jurisdictions.

Art. 16. The supporting bodies compete for the performance of specific tasks consenting to their normal activities, upon prior articulation with the coordinating bodies of SINDEC.

Art. 17. The state of public calamity and the emergency situation, observed the criteria set out by the CONDEC, will be declared upon decree of the Governor of the Federal District or the Municipal Mayor.

§ 1º A homologation of the act of declaration of the state of public calamity or of the emergency situation, upon decree of the Governor of the State, is a condition for having legal effect within the framework of the state administration, and will occur when requested by the Mayor Municipal, which will declare the municipal measures and actions already under way, its capacity for acting and human, material, institutional and financial resources employed and not sufficient for the restoration of normalcy in the Municipality.

§ 2º The Governor of the State will be able to practice the act of declaration reaching one or more Municipalities in circumstances of disasters that come to demand immediate action in the sphere of his administration.

§ 3º The recognition of the act of declaration of the state of public calamity or of the emergency situation, upon the porterie of the Minister of State for National Integration, is a condition for having legal effect within the federal administration and will occur when requested by the State Government or the Federal District, which shall declare the state measures and actions already in progress, its capacity to act and human, material, institutional and financial resources employed and not sufficient for the reinstatement of the normality of the Municipalities.

§ 4º In exceptional cases, the Federal Government will be able to issue the recognition, at the sight of the municipal decree, before the state approval.

§ 5º In any case, the acts of declaration, homologation and recognition and their extensions shall be dispatched by the competent authorities, until they complete, at most, one hundred and eighty days.

§ 6º All of these acts, obligatorily, will be technically substantiated by the competent civil defence body, based on the assessment of damage that proves the abnormality or aggravation of the previous situation, in the light of the criteria established by the CONDEC.

Art. 18. In disaster situations, the actions of response and rebuilding and recovery will be the responsibility of the Municipal Mayor or the Federal District.

§ 1º When the management's capacity of service municipal is demonstrably employed, compete with the Government, state or federal, to confirm the state of public calamity or the emergency situation, the complementary response to disaster response and recovery and reconstruction, in the framework of their respective administrations.

§ 2º Caberá to the public bodies located in the area achieved immediate implementation of the measures that are necessary.

§ 3º The acting of the organs federal, state and municipal in the area achieved will be in a cooperation regime, cabling to COMDEC, or the corresponding body, to immediately activate an operational command to administer all actions and disaster response measures, establishing, depending on their characteristics and complexity, unified command agreed upon among the entities involved with the disaster's fulfilment.

Art. 19. In cases of state of public calamity, the Minister of State for National Integration will be able to hire specialized technical personnel for the provision of eventual services in civil defence actions, observed the provisions of Law No. 8,745, 9 of December 1993.

Art. 20. For the fulfillment of the responsibilities assigned to them in this Decree, the governing bodies and public public entities of SINDEC will use own resources, object of specific budget allocations, which they may be supplemented by means of the opening of extraordinary credit in the form of the art. 167, § 3º, of the Constitution.

Art. 21. The CENAD to which the art is concerned. 10, inciso XX, will have the following competencies:

I-consolidate the information of risks and disasters;

II-monitor the parameters of adverse events;

III- spreading disaster warning and alarm and providing preventive guidance to the population;

IV-coordinate the actions of responses to disasters; and

V-mobilize resources for ready response to the occurrences of disasters.

Single paragraph. The state, district and municipal civil defence bodies will be able to create, within their administrations, centres with the same competences of CENAD, which will be interconnected to the central body to integrate civil defence information network.

Art. 22. They constitute instruments of SINDEC:

I-Disaster Information System in Brazil-SINDESB, which will allow the knowledge of the occurrences of greater prevalence in the Country, in addition to enabling the deepening of the epidemiological studies, guide planning and facilitate the making of decisions in the quest for disaster reduction and its consequences;

II-Disaster Monitoring System, which will allow the information sharing, the monitoring of parameters of the adverse events, in articulation with the forecasting and prognostic bodies of the federal, state and municipal public administration;

III-Alert System Disaster alarm, which will enable the issuance of early bulletins, resulting in timely decision making, reduction of response time, anticipation of preventive measures, and the rapid mobilization of resources for responsiveness emergency;

IV-Disaster Response System, which will enable the ready mobilization of the state and federal groups of disaster responses, in addition to resource allocation for prompt response to the fulfillment disaster emergency;

V-Population Aid and Population Service, which will guide the population hit by the disaster on relief and protection measures, and coordinate efforts to allocate material resources for the aid of the homeless; and

VI-Prevention and Reconstruction System, which will coordinate the studies of threats, vulnerabilities and risks, and the implementation of structural measures (engineering works) both preventive as those for reconstruction, especially the relocation of families from disaster-stricken areas of the disaster, among others.

Art. 23. The arts. 2º and 8º of the Decree No. 1,080 of March 8, 1994, they go on to invigorate with the following essay:

" Art. 2º The condition for the application of the resources provided for in the actions set out in the art. 1st Decree is the recognition of the state of public calamity or of the emergency situation by the Federal Government.

§ 1º The recognition of the act of declaration of the state of public calamity or of the emergency situation, upon portery of the Minister of State for National Integration, is a condition for having legal effect within the federal administration, and will occur when requested by the State Government or the Federal District, which shall declare the measures and actions state-in-course, its capacity for acting and human, material, institutional and financial resources employed and not sufficient for the re-establishment of the normality of Municipalities.

§ 2º In exceptional cases, the Government Federal will be able to issue the recognition, at the sight of the municipal decree prior to the state approval. " (NR)

" Art. 8º In the case of urgent application of financial resources for area in a state of public calamity or emergency situation, may the Chairman of the Deliberative Junta authorize expenditure ad referendum of the Board, which will be justified on the deadline maximum seventy and two hours. " (NR)

Art. 24. This Decree comes into effect on the date of its publication.

Art. 25. The Decree No. 895 of August 16, 1993 and the Decree No. 4,980 of February 4, 2004.

Brasilia, February 17, 2005; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Ciro Ferreira Gomes