LEI NO. 10,779, OF November 25, 2003.

Disposes on the granting of the unemployment insurance benefit, during the period of defnessly, to the fisherman professional who exerts the fishing activity in an artisanal way.

THE PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the following Law:

Art. 1º The professional fisherman who exercises his or her activity in an artisanal way, individually or in a family economy regimen, albeit with the eventual aid of partners, will make jus for the benefit of insurance-unemployment, in the value of a salarium-minimum monthly, during the defenceless period of fishing activity for the preservation of the species.

§ 1º Understanding as a family-economy regime the work of the members of the same family, indispensable to the subsistence itself and exercised in conditions of mutual dependence and collaboration, without the use of Employees.

§ 2º The period of defenceless fishing activity is that fixed by the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA, in relation to the marine, fluvial or lacustrine species to whose catch the fisherman dedite.

Art. 2º To enable yourself to the benefit, the fisherman should submit to the competent body of the Ministry of Labour and Employment the following documents:

I -registration of duly updated professional fisherman issued by the Special Office of Acquiculture and Fisheries of the Presidency of the Republic, with minimum advance of one year of the date of the start of the defenceless;

II- proof of enrollment at the National Institute of Social Insurance-INSS as a fisherman, and of the payment of the pension contribution;

III-voucher that it is not in enjoyment of any benefit of continued benefit of Welfare or Social Care, except for accident aid and death pension; and

IV-attestation of the Colony of Fishermen to which it is filleted, with jurisdiction over the area where it attests to the handicraft fisherman, who prove:

a) the exercise of the profession, in the form of the art. 1º of this Act;

b) that has devoted itself to fishing, in uninterrupted character, during the period between the previous defenceless and the ongoing one; and

c) that has no other source of diverse income from the stemming from the fishing activity.

Single paragraph. The Ministry of Labour and Employment may, when judging necessary, require other documents for the habilitation of the benefit.

Art. 3º Without prejudice to the civil and criminal penalties fully fit, all the one that provides or benefit from bogus certificate to the end of obtaining the benefit of which it treats this Act will be subject:

I-the resignation of the office it occupies, if public servant;

II-the suspension of its activity, with cancellation of your registration, for two years, if professional fisherman.

Art. 4º The benefit of which treats this Law will be cancelled at the following hypotheses:

I-start of paid activity;

II-beginning of perception of another income;

III-death of the beneficiary;

IV-disrespect to the period of defhesiveness; or

V-proof of falsity in the information provided for the gain of the benefit.

Art. 5º The benefit of the insurance-unemployment referred to in this Act will be paid to the account of the Amparo Fund to the Worker-FAT, established by Law No. 7,998, of January 11, 1990.

Art. 6º This Law comes into force on the date of its publication.

Art. 7º It is repealed Law No. 8,287, of December 20, 1991.

Brasilia, November 25, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Jaques Wagner