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Provisional Measure No. 398, October 10 2007

Original Language Title: Medida Provisória nº 398, de 10 de Outubro de 2007

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PROVISIONAL MEASURE NO. 398, OF October 10, 2007.

Institutes the principles and objectives of public broadcasting services exploited by the Executive Power or bestoed to entities of its indirect administration, authorizes the Executive Power to constitute the Brasil Company of Communication-EBC, and gives other arrangements.

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

Art. Public broadcasting services operated by the Executive Power or upon outorship to entities of its indirect administration, within the federal framework, shall be provided as per the provisions of this Provisional Measure.

Art. 2nd The provision of the public broadcasting services by organs of the Executive Power or upon outorship to entities of its indirect administration should observe the following principles:

I-complementarity between the private, public, and state systems;

II-promotion of access to information through plurality of sources of production and distribution of content;

III-production and programming with educational, artistic, cultural, scientific purposes and informations;

IV-promotion of national culture, stimulus to production regional and independent production;

V-autonomy in relation to the Federal government to define production, programming, and distribution of content in the public broadcasting system; and

VI-participation of civil society in the control of the application of the principles of public broadcasting system, respecting the plurality of society Brazilian.

Art. 3rd Constituts objectives of the broadcasting services public explored by the Executive Power or upon outorship to entities of its indirect administration:

I-offer mechanisms for public debate about themes of national and international relevance;

II-develop citizen's critical awareness, upon educational programming, artistic, cultural, informative, scientific and promoter of citizenship;

III- to foster the construction of citizenship, the consolidation of democracy and participation in society by guaranteeing the right to citizen information;

IV-cooperate with the citizen's educational and training processes;

V-supporting processes of social inclusion and socialization of knowledge production through the offering of spaces for display of contents produced by the various social and regional groups;

VI-seek excellence in content and languages and develop creative and innovative formats, constituting itself at the centre of innovation and talent training;

VII-directing its production and programming by the educational, artistic, cultural, informative, scientific, and promoters' purposes of citizenship, without with this withdrawing its competitive character in the pursuit of the interest of the greatest number of listeners or viewers; and

VIII-promote partnerships and foster national audiovisual production, contributing to the expansion of its production and diffusion.

Art. 4th Public broadcasting services outwarded to entities of the administration indirect of the Executive Power will be provided by the public company of which it treats art. 5th, and will be able to be disseminated and reproduced by its affiliates, associates, repeaters and retransmisses of the public broadcasting system, and other partner public or private entities in the form of the inciso III of the art. 8th.

Art. 5th Stay the Executive Power authorized to create the public company named Brazilian Company of Communication-EBC, linked to the Secretariat of Social Communication of the Presidency of the Republic.

Art. 6th The EBC has for purpose the provision of services of public broadcasting and related services, observed the principles and objectives set out in this Provisional Measure.

Single paragraph. EBC, with an indefinite duration of time, will have headquarters and venue in the city of Rio de Janeiro and central office in the city of Brasilia, and may install offices, dependencies and production and broadcasting centres in any location.

Art. 7th The Union will integrate the social capital of EBC and will promote the initial constitution of its heritage through capitalization and the incorporation of movable property or real estate.

Art. 8th Compete to EBC:

I-implant and operate the broadcasters and explore the services of public sound broadcasting and of sounds and images of the Federal Government;

II-implant and operate its own networks of Repetition and Broadcasting of Broadcasting, exploring the respective services;

III-establish cooperation and collaboration with public or private entities that explore communication services or public broadcasting, upon congeniums or other adjustments, with views to the formation of the National Network of Public Communication;

IV-produce and spread informative, educational, artistic, cultural, scientific, citizenship, and recreation programming;

V-promote and stimulate the training and training of specialized personnel, necessary for broadcasting activities, communication and related services;

VI-providing services in the field of broadcasting, communication and services related, including for the transmission of acts and matters of the Federal Government;

VII-distribute the legal publicity of the organs and entities of the federal administration, to the exception of that conveyed by the official bodies of the Union; and

VIII-exercise other related activities, which are assigned to it by the Secretariat of Social Communication of the Presidency of the Republic or by the Council Curator of EBC.

§ First for the purposes of the provisions of the inciso VII of the caput, it is understood such as legal advertising the publication of notices, balance sheets, reports and others to which the organs and entities of the federal public administration are obliged by law or regulation.

§ 2nd is dispensed with the bidding for the:

I-celebration of the adjustments mentioned in the inciso III, which will be able to be firmed up by up to ten years, renewables for equal periods;

II-hiring of EBC by organs and entities of the public administration, with views to the realization of activities related to its object, provided that the contracted price is compatible with the market.

Art. 9th EBC will be organized in the form of society anonymous capital enclosed and will have its capital represented by nominative common shares, of which at least fifty and one percent will be of entitlement of the Union.

§ 1st The integralization of the capital of EBC will be realized with resources arising from appropriations consigned to the Union budget, intended for the support and operation of the public broadcasting services by incorporating the patrimony of RADIOBRÁS-Brazilian Company of Communication S.A., created by the Law in the 6,301, of December 15, 1975, and of the incorporation of movable and immovable property arising from the provisions of the art. 26.

§ 2nd will be admitted to the rest of the capital of EBC the participation of entities from the federal indirect administration, as well as from states, the Federal District and Municipalities, or from entities of its indirect administration.

§ 3rd The participation of which treats § 2nd can be realized upon transfer, to the estate of the EBC, of goods representative of the settling stations of broadcasting stations of their property or other goods necessary and useful to their functioning.

Art. 10. The Minister of State for Finance shall designate the representative of the Union in the constitutive acts of the EBC, among the members of the Attorney General of the National Farm.

Single paragraph. The EBC Statute will be published by decree of the Executive Power and its constitutive acts will be filed in the Trade Register.

Art. 11. EBC's resources will consist of the revenue coming from:

I- of budget allocations;

II-of the exploitation of the services of public broadcasting;

III-from provision of services to entes public or private, from the distribution of content, programming models, licensing of brands and products and other activities inherent to communication;

IV-of donations, legacies, grants and other resources that are intended for it by physical or legal persons of public or private law;

V-of institutional publicity of entities of public and law law private, in the title of cultural support, admitting to the sponsorship of programs, events and projects;

VI-of institutional publicity of entities of public and private law, aimed at programs, events and public utility projects, of promotion of citizenship, social or environmental responsibility;

VII -of the distribution of legal advertising of the organs and entities of the federal public administration, according to the provisions of § 1st Art. 8o;

VIII-of resources obtained in the systems instituted by the Leis in the 8,313, of December 23, 1991, 8,685, of July 20, 1993, and 11,437, of December 28, 2006;

IX-of resources coming from agreements and arrangements that carry out with national and international entities, public or private;

X-of income from financial applications that carry out; and

XI-from renown coming from other sources.

§ 1st is vetted, in the hypotheses of the incisos V and VI, the vehiculation of advertisements for products and services.

§ 2nd For the purposes of the inciso VII, stands the EBC equated to the agencies referred to in the Act No 4,680 of June 18, 1965.

Art. 12. EBC will be administered by a Board of Directors and by an Executive Board, and in its composition will further count on a Fiscal Council and a Curatorial Board.

Art. 13. The Board of Directors, whose members will be appointed by the President of the Republic, shall be constituted:

I-of a President, appointed by the Minister of State Head of the Secretariat of Social Communication of the Presidency of the Republic;

II-of the Director-Chairman of the Executive Directorate;

III-from a Counsellor, appointed by the Minister of State for Planning, Budget and Management;

IV-of a Counsellor, appointed by the Minister of State for Communications; and

V-of a Counsellor, appointed as per the Statute.

§ First the Board of Directors shall convene, ordinarily, the each month and, extraordinarily, whenever convened by its President or by two thirds of its members.

§ 2nd decisions of the Board of Directors will be taken by simple majority, by having the President the quality vote, in the event of a tie.

§ 3rd The quorum of deliberation is the absolute majority of its members.

Art. 14. The Fiscal Council shall be made up of three members, and their alternates, appointed by the President of the Republic.

§ First The Fiscal Council will count on a representative of the Treasury National, by guaranteeing, still, the participation of minority shareholders under the Statute.

§ 2nd Councillors will exercise their assignments by the deadline of Four years, vetted redriving.

§ 3rd The Fiscal Council shall convene, ordinarily, every two months and whenever convened by the Board of Directors.

§ 4th The decisions of the Fiscal Council will be taken by a majority simple, by fit to the President the quality vote, in case of a tie.

§ 5th the meetings of the Fiscal Council will only have deliberative character be satisfied with the presence of the President and at least one member.

Art. 15. The Curatorial Council, the advisory and deliberative body of the EBC, will be integrated by twenty members, designated by the President of the Republic.

§ First cardholders of the Curator Council will be chosen from among Brazilians natos or naturalized more than ten years ago, of a reputation ilibated and recognized public spirit, as follows:

I-four Ministers of State;

II-a representative of the officials, chosen in the form of the Statute;

III-fifteen representatives of civil society, nominees in the form of the Statute, second criteria for regional representation, cultural diversity and plurality of professional experiences.

§ 2nd is vetted the referral to the Curator Board of:

I-person who has parentage bond to third degree with member of the Executive Board;

II-public agent holder of elective office or vested solely in office in the free standing committee of the Union, states, Federal District or Municipalities, to the exception of those referred to in the incisos I and II of § 1o;

§ 3rd The mandate of the Counsellor referred to in the inciso II of § 1st will be two years, vedated to his redriving.

§ 4th The mandate of the holders of the Curator Council referred to in the inciso III of § 1st will be four years, renewable for a single time.

§ 5th The first counselors referred to in the inciso III of § 1st shall be chosen and designated by the President of the Republic for terms of office of two and four years in the form of the Statute.

§ 6th The determinations dispatched by the Curatorial Council, in the exercise of your assignments, are of coveable observance by the governing bodies.

§ 7th The Curatorial Council shall convene, ordinarily, at each two months and, extraordinarily, whenever summoned by its President or by two-thirds of its members.

§ 8th Participants of the meetings of the Curatorial Council, without a right the vote, the Director-President and the Director General of EBC.

§ 9th The members of the Curatorial Council referred to the incisos II and III of § 1st will lose the mandate in the hypotheses of resignation, judicial process with definitive decision, or in the assumption of unwarranted absence to three sessions of the Colegiate, during the twelve-month period.

§ 10. The members of the Curatorial Council referred to in the inciso III of § 1st will also lose the mandate by the decision of the President of the Republic, upon the provocation of three-fifths of its members.

Art. 16. The participation of the members of the Curatorial Council referred to in the inciso III of the § 1st Art. 15, at your meetings, will be remunerated upon pro labore, pursuant to the Staff Regulations, and your expenses for displacement and stay, for the exercise of your assignments, shall be borne by EBC.

Single paragraph. The remuneration referred to in the caput will not be able to surpass on a monthly basis ten per cent of the monthly remuneration perceived by the Director-President.

Art. 17. Compete with the Curatorial Council:

I-approve the educational guidelines, artistic, cultural and informative integral of the communication policy proposed by the Executive Directorate of EBC;

II-ensure compliance with the principles and objectives set out in this Interim Measment;

III-opines on subjects related to the fulfilment of the principles and objectives envisaged in this Provisional Measure;

IV-approve the editorial line of production and programming proposed by the Executive Board of EBC and manifest about its practical application;

V-deliberating, by the absolute majority of its members, as to the imputation of vote of no confidence to the members of the Executive Board, with regard to the compliance with the principles and objectives of this Provisional Measure; and

VI-elect your President, among your members.

Single paragraph. It will still be up to the Curatorial Council to monitor the process of public consultation, to be implemented by EBC in the form of the Statute, for the renewal of its composition, concerning the members referred to in the inciso III of § 1st Art. 15.

Art. 18. The condition of member of the Curatorial Council, as well as of EBC's governing bodies, editorial responsibility and the activities of selection and direction of vehicular programming are disenfranchised from nate or naturalized Brazilians there are more than ten years, in the terms of § 2nd of the art. 222 of the Constitution.

Art. 19. The Executive Board will be composed of a Director-President and a Director-General, appointed by the President of the Republic, and up to six directors, elected and impeached by the Board of Directors.

§ First members of the Executive Board are responsible for the acts practiced in disregard of the law, with the EBC Statute and with the institutional guidelines emanating from the Board of Directors.

§ 2nd The term of office of the Chief Executive Officer will be four years.

§ 3rd The members of the Executive Board will be impeached in the legal hypotheses or if they receive two votes of no-confidence from the Curatorial Council in the twelve-month period, issued with minimum thirty-day interstice between both.

§ 4th The assignments of the members of the Executive Board will be defined by the Statute.

Art. 20. Observed the caveats of this Interim Measure and the media legislation, the EBC will be governed by the legislation referring to the societies by actions.

Art. 21. The legal regime of EBC staff will be the Consolidation of Labor Laws and their supplementary legislation.

Art. 22. The hiring of permanent staff of the EBC will be made by means of public tender of evidence or evidence and titles, observed the specific standards edited by the Board of Directors.

§ 1st A EBC will succeed RADIOBRÁS in its rights and obligations, and will absorb, upon labor succession, the employed members of your staff frame.

§ 2nd For deployment purposes, is EBC equating to people legal referred to in art. 1st Law No 8,745 of December 9, 1993, with views to the hiring of technical and administrative staff for a definite time.

§ 3rd considers itself to be temporary necessity of exceptional public interest, for the purposes of the Act in 8,745, 1993, the hiring of technical and administrative staff for a definite time, which is necessary to the initial functioning of EBC.

§ 4th The hiring referred to in § 2nd will observe the willing in the art caput. 3º on art. 6º, in the inciso II of the art. 7º and in the arts. 9º and 12 of the Act in 8,745, 1993, and will not be able to exceed the thirty-six month period, from the date of the EBC installation.

§ 5th During the first ninety days to be counted from the constitution of EBC, may be hired, pursuant to § § 2nd and 3rd, by means of curriculum vitae, and in the quantitative approved by the Minister of State Head of the Secretariat of Social Communication, technical and administrative staff for listening to temporary need for exceptional public interest, by the imextendable deadline of thirty six months.

Art. 23. It is the EBC authorized to sponsor closed entity of private welfare, pursuant to the current legislation.

Art. 24. The broadcasters of the broadcasting service operated by RADIOBRÁS will be transferred directly to the EBC by being able to the Ministry of Communications, in conjunction with EBC, to be able to formalize this provision.

Art. 25. EBC will have simplified regulation for contracting services and procurement of goods, edited by decree, adhered to the constitutional principles of advertising, impersonation, morality, economicity and efficiency.

Art. 26. The management contract clinched between the Union and the Roquette Pinto-ACERP Educational Communication Association pursuant to the Act No 9,637 of May 15, 1998 will be the object of repacing, with views to the fulfillment of the provisions of this Interim Measment, within a period of up to ninety days from its publication.

§ First up to the date of its closure, the contract of management firm between the Union and ACERP will have its object reduced to suit the provisions of this Provisional Measure, guaranteed the settlement of the obligations previously assumed by ACERP.

§ 2nd The Executive Power will be able, by decree, to transact, to reapply, transfer or use, in whole or in part, the budgetary allocations approved in the Budget Law of 2007 for the fulfilment of the management contract referred to in § 1st in accordance with the provisions of this Provisional Measure, maintained the structure programmatic, expressed by programming category, as defined in the art. 5th, § 1st, of the Law no 11,439, of December 29, 2006, inclusive of the titles, descriptors, goals and objectives, as well as the respective detailing by budgetary sphere, groups of nature of the expenditure, sources of resources, modalities of application and use and primary outcome identifiers, held the values of the schedules approved in the 2007 Budget Law or in their additional credits, and there may be, exceptionally, adjustment in the functional classification.

§ 3rd Reverses to EBC the permitted goods, ceded or transferred for ACERP by the Union for the purposes of compliance with the management contract referred to in the caput.

§ 4th In deed from the provisions of this article, they will be incorporated to the Union patrimony and transferred to EBC the estate, the legacies and the donations intended for ACERP subject to the provisions of the (I?) of the inciso I of the art. 2nd of the Law no 9,637, from 1998.

Art. 27. EBC will be able to hire, in exceptional character and second criteria set by the Board of Directors, specialists for the execution of works in the artistic, audiovisual and journalistic areas, by limited projects or deadlines, being inchargeable the bidding when set up the hypothesis referred to in the art caput. 25 of the Law no 8,666, of June 21, 1993.

Art. 28. The RADIOBRÁS will be incorporated into the EBC after its regular constitution, in the terms of the art. 5th of this Provisional Measure.

Single paragraph. The integral goods and equipment of the RADIOBRÁS acquis will be transferred and incorporated into the EBC heritage.

Art. 29. Cable TV service providers (CATV), distribution of television and audio signals by satellite subscription (DTH), multipoint multi-point signal distribution (MMDS), television by subscription (TVA), as well as the presupmakers of other related services, regardless of the technology employed, which will come to be disciplined by the National Telecommunications Agency-Anatel, should make available, free of charge, two channels intended for the Federal Executive Power, to be operated by EBC, one of them for the establishment of the National Public Communication Network and the other for the transmission of acts and matters of interest of the Federal Government.

Single paragraph. It will be up to Anatel to regulate the shape of the willing in the caput to the current and future outorts, without prejudice to its immediate application.

Art. 30. This Interim Measure shall come into force on the date of its publication.

Brasilia, 10 of October 2007; 186th of the Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Paulo Bernardo Silva

Dilma Rousseff

Franklin Martins

This text does not replace the one published in the DOU of 10/11/2007