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, 10 OCTOBER 2007.
Establishes the principles and objectives of the public broadcasting services operated by the Executive branch or awarded to indirect administration entities, authorizes the Executive Branch to form the Brazil Company-EBC, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1st public broadcasting services operated by the Executive or by granting the indirect administration entities, under federal, will be provided in accordance with the provisions of this provisional measure.
Art. 2 the provision of public broadcasting services by Executive authorities or by granting the indirect administration entities shall observe the following principles: (I)-complementarity between the private, public and State systems;
II. promotion of access to information through the plurality of sources and content distribution;
III-production and programming with educational purposes, artistic, cultural, scientific and informative;
IV-promotion of national culture, encouraging regional production and independent production;
V-autonomy in relation to the Federal Government to set production, programming and distribution of content in the public broadcasting system; and civil society participation in the control of the application of the principles of the public broadcasting system, respecting the diversity of the brazilian society.
Art. 3 Are objectives of public broadcasting services operated by the Executive or by granting the indirect administration entities: I-offer mechanisms for public debate about issues of national and international relevance;
II-to develop the critical conscience of citizens through educational programming, artistic, cultural, informative, scientific and promoter of citizenship;
III-to foster the construction of citizenship, democracy and participation in society, ensuring the right to information of the citizen;
IV-cooperate with educational and training processes of the citizen;
V-support processes of social inclusion and socialization of knowledge production through providing spaces for display of content produced by the various social groups and regions;
I saw you get excellence in content and languages and develop creative and innovative formats, being in centre of innovation and talent training;
VII-direct production and programming for educational purposes, artistic, cultural, scientific, informational and promoting citizenship, without removing your competitive character in the pursuit of the interests of the largest number of listeners or viewers; and VIII-promote partnerships and promote national audiovisual production, contributing to the expansion of their production and dissemination.
Art. 4 The public broadcasting services awarded to indirect administration entities of the Executive power will be provided by the State-owned company that handles the art. 50, and can be disseminated and reproduced by its affiliates, associates, affiliates and repeaters of the public broadcasting system, and other public or private partners, in the form of item III of art. 8.
Art. 5 Is the Executive authority authorized to create the public company named Brazil-Media Company EBC, linked to Social communication Secretariat of the Presidency of the Republic.
Art. 6 the EBC aims at the provision of public broadcasting services and related services, in compliance with the principles and objectives set out in this provisional measure.
Sole paragraph. The EBC, with indefinite duration, will have its headquarters and venue in Rio de Janeiro and central office in the city of Brasilia, and may install offices, facilities and centres of production and broadcasting in any location.
Art. 7 the Union integralizará the capital of EBC and will promote the initial Constitution of your equity through capitalization and the incorporation of movable or immovable property.
Art. 8. The EBC: I-deploy and operate the networks and explore the public broadcasting and services of sounds and images of the Federal Government;
II-deploy and operate their own networks and broadcasting Relay repetition, exploring their services;
III. establish cooperation and collaboration with public or private entities operating communication services or public broadcasting, through agreements or other settings, with a view to the formation of the national network of public communication;
IV-produce and disseminate informative programming, educational, artistic, scientific, cultural, citizenship and recreation;
V-to promote and stimulate the formation and the training of qualified personnel, necessary for broadcasting activities, communication and related services;
I saw service in the field of broadcasting, communication and related services, including transmission of acts and matters of the Federal Government;
VII-distribute legal advertising agencies and entities of the federal administration, except that conveyed by the official organs of the Union; and VIII-exercise related activities assigned to it by the Secretariat of Social Communication of the Presidency of the Republic or by the Board of Trustees of the EBC.
§ 1 for the purposes of the provisions of section VII of the caput, ' how cool advertising the publication of notices, swings, and other reports that the organs and entities of the federal public administration are required by law or regulation.
§ 2 is dismissed the bid to: I-celebration of the adjustments mentioned in paragraph III, which could be signed by up to 10 years, renewable for equal periods;
II-hiring of EBC by bodies and entities of public administration, with a view to carrying out activities related to your object, since the contracted price is compatible with the market.
Art. 9 the EBC will be organized in the form of closed joint stock company and will have its capital represented by common shares, of which at least 51% will be held by the Union.
§ 1 the payment of the capital of the EBC will be carried out with resources from appropriations made in the budget of the Union, for the support and operation of the public broadcasting services, by incorporating YOY heritage-Brazilian communication Company S.A., created by law No. 6301, of 15 December 1975, and the incorporation of movable and immovable property made pursuant to art. 26. § 2 will be admitted to the rest of the EBC's capital participation of entities of the indirect federal administration, as well as of States, Federal District and Municipalities, or indirect administration entities.
§ 3 the participation referred to in paragraph 2 may be carried out by transferring to the patrimony of the EBC, of goods representing the holdings of broadcasting stations from your property or other goods required and useful for their operation.
Art. 10. The Minister of Finance shall designate the representative of the Union in the acts constituting the EBC, among the members of the Attorney-General of the National Treasury.
Sole paragraph. The EBC will be published by Decree of the Executive power and their constituent acts will be filed in the registry of Commerce.
Art. 11. The resources of the EBC will be comprised of: (I) revenue-budgetary appropriations;
II-the exploitation of public broadcasting services;
III-services to public or private entities, content distribution, programming models, licensing of trademarks and products and other activities inherent to the communication;
IV-donations, bequests, grants and other resources which are designed for individuals or legal entities governed by public or private law;
V-institutional advertising entities governed by public law and private law, the title of cultural support, granted the sponsorship of programs, events and projects;
VI-institutional advertising entities of public law and private law, focused programs, events and public utility projects of promotion of citizenship, social or environmental responsibility;

VII-the distribution of legal advertising agencies and entities of the federal public administration, in accordance with the provisions of paragraph 1 of art. 8;
VIII-of resources obtained in the systems set up by the laws on 8313 of 23 December 1991, 8685 of 20 July 1993, and 11437, of 28 December 2006;
IX-resources from agreements and covenants to perform with national and international entities, public or private;
X-income investments that perform; and XI-incomes from other sources.
§ 1 may, in the cases of the subparagraphs V and VI, the serving of advertisements of products and services.
§ 2 for the purposes of item VII, is equated to the agencies that EBC refers to law no 4680, of 18 June 1965.
Art. 12. The EBC will be managed by a Board of Directors and an Executive Board, and in his composition there will also be a supervisory board and a Board of Trustees.
Art. 13. The Board of Directors, whose members are appointed by the President of the Republic, shall consist of: (I)-a President, appointed by the Chief Minister of the Secretariat of Social Communication of the Presidency of the Republic;
II-the President of the Executive Board;
III-a counselor, appointed by the Minister of planning, budget and management;
IV-of counsel, appointed by the Minister of State for communications; and V-a counselor, indicated as the status.
§ 1 the Board of Directors shall meet, ordinarily, every month and, extraordinarily, whenever convened by its Chairman or by two-thirds of its members.
§ 2 decisions of the Board of Directors shall be taken by simple majority, and the President has a casting vote in the event of a tie.
§ 3 the quorum for deliberation is the absolute majority of its members.
Art. 14. The Supervisory Board shall consist of three members, and their respective substitute members, appointed by the President of the Republic.
§ 1 the Audit Committee will include a representative of the National Treasury, ensuring also the participation of minority shareholders, in accordance with the Statute.
§ 2 the Board members shall exercise their duties for a period of four years, prohibited the renewal.
§ 3 the Fiscal Council shall meet, ordinarily, every two months and whenever convened by the Board of Directors.
§ 4 the decisions of the Supervisory Board shall be taken by simple majority, and the President has a casting vote in the event of a tie.
§ 5 Supervisory Board meetings only deliberative character if you count with the presence of the President and at least one member.
Art. 15. The Board of Trustees, advisory and deliberative organ of the EBC, will be composed of 20 members, appointed by the President of the Republic.
§ the first holders of the Board of Trustees will be chosen among native Brazilians or persons naturalized for over ten years, spotless reputation and recognized public spirit, as follows: I-four Ministers of State;
II-a representative of the employees, chosen in the form of the Statute;
III-15 representatives of civil society, set out in the form of the staff regulations, according to criteria of regional representation, cultural diversity and plurality of professional experiences.
§ 2 is sealed the nomination for Board of Trustees from: I-person bond of kinship to the third degree with Member of the Executive Board;
II-public officer holder of elective office or invested exclusively in charge in Commission of free provision of the Union, States, Federal District or the municipalities, except those referred to in items I and II of § 1;
§ 3 the mandate of the Adviser referred to in item II of § 1 shall be two years, sealed their renewal.
§ 4 the term of Office of the Board of Trustees holders referred to in item (III) of paragraph 1 shall be four years, renewable once.
§ 5 the first directors referred to in item (III) of paragraph 1 shall be selected and appointed by the President of the Republic for two terms and four years in the form of the staff regulations.
§ 6 determinations issued by the Board of Trustees, in the exercise of their duties, are to comply with binding administrative bodies.
§ 7 the Board of Trustees shall meet, ordinarily, every two months and, extraordinarily, whenever called by its Chairman or by two-thirds of its members.
§ 8 Meetings of the Board of Trustees shall participate, without the right to vote, the Chief Executive Officer and the Director General of the EBC.
§ 9 the members of the Board of Trustees referred to in items II and III of the § 1 will lose the warrant in cases of resignation, judicial process with final decision, or in the event of unjustified absence at three sessions of the Board, during the period of 12 months.
§ 10. The members of the Board of Trustees referred to in item III of paragraph 1 also will lose the mandate by decision of the President of the Republic, through the provocation of three-fifths of its members.
Art. 16. The participation of members of the Board of Trustees referred to in item III of paragraph 1 of art. 15, at their meetings, will be paid by compensation, pursuant to Statute, and offset expenses and subsistence, for the exercise of their duties, shall be borne by the EBC.
Sole paragraph. The remuneration referred to in the caput may not exceed monthly 10% monthly remuneration perceived by the Chief Executive Officer.
Art. 17. the Board of Trustees: I-approve the guidelines, artistic, cultural, educational and informative communication policy members proposed by the Executive Board of the EBC;
II-to ensure compliance with the principles and objectives referred to in this provisional measure;
III-express an opinion on matters related to compliance with the principles and objectives referred to in this provisional measure;
IV – approve the editorial line of production and programming proposed by the Executive Board of the EBC and manifest itself on its practical application;
V-decide, by an absolute majority of its members, concerning the attribution of vote of no confidence to the members of the Executive Board, with regard to compliance with the principles and objectives of this provisional measure; and elect its President from among its members.
Sole paragraph. It will be up to the Board of Trustees also accompany the process of public consultation, to be implemented by the EBC, in the form of the Statute, for the renovation of its composition, in respect of members referred to in item III of paragraph 1 of art. 15.
Art. 18. The membership of the Board of Trustees, as well as of the management bodies of the EBC, the editorial responsibility and activities of selection and programming direction conveyed are native Brazilians or persons naturalized custodial for over ten years, under paragraph 2 of art. 222 of the Constitution.
Art. 19. The Executive Board shall be composed of a Chief Executive and a Director-General appointed by the President of the Republic, and up to six directors, elected and removed from Office by the Board of Directors.
§ 1 the members of the Executive Board are responsible for the acts carried out in compliance with the law, with the status of the EBC and institutional guidelines issued by the Board of Directors.
§ 2 the term of Office of the Chief Executive Officer shall be four years.
§ 3 the members of the Executive Board will be removed in the legal assumptions or if they receive two votes of no confidence in the Board of Trustees, in the period of 12 months, issued with a minimum of thirty days interstice between both.
§ 4 the responsibilities of the members of the Executive Board shall be defined by the Statute.
Art. 20. Subject to caveats of this provisional measure and the legislation of social communication, the EBC will be governed by the legislation on joint-stock companies.
Art. 21. The legal regime of the EBC will be the consolidation of labor laws and its complementary legislation.
Art. 22. the employment of permanent staff of the EBC will be through public tender of evidence or evidence and bonds, in compliance with the specific regulations issued by the Board of Directors.

§ 1 the EBC will succeed the RADIOBRÁS in their rights and obligations, and will absorb, through succession, employees members of your staff.
§ 2 For deployment purposes, is considered legal persons referred to EBC in art. 1 of law No. 8745, of 9 December 1993, with a view to the recruitment of administrative and technical staff by time.
§ 3 is considered as temporary need of exceptional public interest, for the purposes of the law in 1993, 8745, hiring technical and administrative staff by time, essential to the functioning of the EBC.
§ 4 the signings referred to in § 2 shall observe the provisions of the main clause of art. 3rd in art. 6, item II of art. 7 and in the arts. 9 and 12 of the law on 8745, 1993, and may not exceed the period of 36 months from the date of installation of the EBC.
§ 5 during the first 90 days of the date of Constitution of the EBC, can be hired pursuant to §§ 2 and 3, by analysis of curriculum vitae, and the Minister of State-approved quantitative head of secretariat of Social Communication, administrative and technical staff to meet the temporary needs of exceptional public interest, by the non-extendable term of 36 months.
Art. 23. Is the EBC authorized to sponsor private entity, in accordance with the legislation in force.
Art. 24. The grant of broadcasting service operated by AGÊNCIA BRASIL will be transferred directly to the EBC, and the Ministry of communications, in conjunction with the EBC, the provisions applicable to the formalization of this provision.
Art. 25. The EBC will have simplified regulation for services and purchase of goods, edited by Decree, the constitutional principles of advertising, impersonality, morality, economy and efficiency.
Art. 26. The management contract signed between the Union and the Association of Educational Communication Roquette Pinto-ACERP, pursuant to law no 15 of 9637 May 1998, will be the subject of renegotiation with a view to compliance with the provisions of this provisional measure, within 90 days of the date of its publication.
§ 1 Until the date of its closure, the management contract signed between the Union and the ACERP will have its object reduced to conform to the provisions of this provisional measure, guaranteed the payment of obligations previously assumed by the ACERP.
§ 2 the Executive branch may, by Decree, transpose, reassign, transfer, or use all or part of the budgetary appropriations approved in the 2007 budget Law for the fulfilment of the contract management referred to in paragraph 1 as a result of the provisions of this provisional measure, the programmatic structure, expressed by category of programming, as defined in art. 5, § 1, of law No. 11439, of 29 December 2006, including the titles, keywords, goals and objectives, as well as its detailed budget sphere, nature of expenditure groups, sources of funding, methods of application and use identifiers and primary result, kept the values approved schedules on 2007 budget Law or in its additional credits , or, exceptionally, functional classification adjustment.
§ 3 shall revert to the EBC allowed goods, assigned or transferred to the Union ACERP for purposes of compliance with the management contract referred to in the caput.
§ 4 due to the provisions of this article, shall be incorporated into the Union's assets and transferred to the EBC equity, bequests and donations intended for ACERP subject to paragraph? i? of item I of art. 2 of law No. 9637, to 1998.
Art. 27. The EBC may hire, in exceptional character and according to criteria established by the Board of Directors, experts for the performance of work in the areas of artistic, journalistic and audiovisual, for projects or limited periods, being unenforceable the bidding when configured the possibility referred to in the caput of the art. 25 of law No. 8666, of 21 June 1993.
Art. 28. The YOY will be incorporated into the EBC after his regular Constitution, pursuant to art. 5 of this provisional measure.
Sole paragraph. The assets and equipment of the AGÊNCIA BRASIL will be transferred and incorporated into the heritage of EBC.
Art. 29. The service providers of cable TV (CATV), distribution of television and audio signals by satellite (DTH) signature, signs Multichannel Multipoint Distribution (MMDS), pay-TV (TVA), as well as providing other related services regardless of the technology employed, which are governed by the National Telecommunications Agency-Anatel, shall make available free of charge, two channels for the Federal Executive Branch, to be operated by EBC, one of them for the establishment of the national network of public communication and the other for the transmission of acts and matters of interest to the Federal Government.
Sole paragraph. It will be up to the Fcc to regulate the way the provisions of heading to current and future grants, without prejudice to its immediate implementation.
Art. 30. This provisional measure shall enter into force on the date of its publication.
Brasília, October 10 2007; the 1860s and 119 of the Republic.
LUIZ INACIO LULA DA SILVA Paulo Bernardo Silva Rousseff Franklin Martins this text does not replace that published in the 11.10.2007

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