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Provisional Measure No. 2,146-1, Of 4 May 2001

Original Language Title: Medida Provisória nº 2.146-1, de 4 de Maio de 2001

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Interim MEASURE No. 2.146?1, OF May 4, 2001

Creates the Development Agencies of the Amazon a from the Northeast, extinguish the Superintendence of the Development of the Amazon? SUDAM and the Superintendence of the Development of the Northeast?SUDENE? that of other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment confers him the art. 62 of the Constitution, adopts the following interim Measure with force of law:

CHAPTER I

From the Development of the Amazönia

sETION I

From the Amazon Development Plan

Art. 1º Will the Amazon Development Plan be multi-year? and will comply with the general guidelines of the regional Development policy.

Art. 2º The Amazon Development Plan covers the States of the Acre, Amapá, Amazonas, Mato Grosso, Pará, Rondônia Roraima, Tocantins and the share of the State of the Maranhão that is situated West of the Meridian 44º? of West Longitude.

Section II

From the Amazonian Development Fund

Art. 3º Is the Amazon Development Fund of an accounting nature set up, to be managed by the Amazon Development Agency? ADA, with the purpose of ensuring resources for the realization of investments in the Amazon pursuant to this Interim Measure

Single paragraph. The Executive Power shall have on the application of the resources, observed that the application of parcel equivalent to ten per cent of the resources of which they treat § § 2º to 3º of the art. 4º will be conditional on the counterpart, of equal amount, of States and Municipalities.

Art. 4º Constitute resources of the Amazon Development Fund

I? budget allocations to the National Treasury resources account;

II?. eventual financial application results of its resources;

III? product of the disposition of securities and dividends of shares to it linked; and

IV? other resources provided for in law.

§ 1º In the 2001 financial year, the allocation of the resources of which it treats the inciso I of the caput will be from R$ 308,000,000.00 (three hundred to eight million, actual).

§ 2º In the 2002 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 440,000,000.00 (four hundred and forty million reais).

§ 3º From 2003 a ate the exercise of 2013, the annual allocation of resources from the National Treasury to the Amazon Development Fund will be equivalent to the value of the endowment referred to in § 2º, updated by the accumulated variance of the Union's net current revenue, in the form of the regulation.

§ 4º The financial availabilities of the Amazon Development Fund will stay deposited in the Single Account of the .National Treasury.

Art. 5º They are deductible from the reprise of the features of which it treats the inciso I of the art's caput . 4º, the plots equivalent to the tax incentive options, relating to the Income Tax of Legal Perth, exercised by the companies, well eats any resource commitments arising from tax incentive options under the Fund of Investments from the Amazon? FINAM.

Single Paragraph. Noted the provisions of the caput, the financial resources of which they treat the § § 2º to 3º of the art. 4º will be repassed in full to the Amazon Development Fund in the form of monthly twelfths.

Art. 6º The Amazon Development Fund? will have as agents operators the Bank of Amazonia S.A. to other federal official financial institutions to be defined in ate of the Executive Power, which will have among others, the following competencies:

I? to scrutinize the attest of the regularity of the projects under its conduction; and

II-propose the release of financial resources for the projects authorized by ADA.

Single paragraph. The Executive Power will have on the remuneration of the operator agent.

Art. 7º The participation of the Amazon Development Fund in the investment projects will be limited to a percent of the value of the total inversions predicted for the project deployment, as per the regulation.

Single paragraph. The participation referred to in the caput will be represented, by convertible debentures in shares, whose exercise by ADA is limited to fifty percent of the stake.

Section III

Of the Board Deliberative for the Development of the Amazon

Art. 8º The Deliberative Council of the Superintendency of the Amazonian Development becomes the denominator? se Council Deliberative Council for the Development of the Amazon will integrate the structure of the Ministry of National Integration.

Art. 9º To the Deliberative Council for the Development of the Amazon competes:

I? approving the Amazon Development Plan and the Multiannual Financing Plan;

II? to establish guidelines for priorities for financing regional development;

III? to supervise the execution of the Amazon Development Plan and compliance with the guidelines referred to in the inciso II; and

IV? approving the management contract of the entity responsible for the implementation of the Amazon Development Plan.

Art. 10. The Deliberative Council for the Development of the Amazon reunite? se?á ordinarily, once every semester, and, extraordinarily, in the form of the regulation.

Section IV

Of The Development Agency of the Amazonia

Art. 11. Is it created the Amazon Development Agency? ADA, of a municipal nature, bound by the Ministry of National Integration, with the aim of implementing policies to viabilize Amazonian development instruments.

§ 1º ADA has seat to venue in the city of Bethlehem, State of Pará.

§ 2º The ADA's acting area is the one defined in the art. 2ºdesta Provisional Measure.

Art. 12. Will ADA be directed at collegiate regimen by a board composed of a Director?General to three Directors.

§ 1º The basic organization to the competencies of the units will be established in an act of the Executive Power.

§ 2º will integrate the ADA structure a Attorney General to a Audit?General.

Art. 13. The Director?General to the remaining Directors will be appointed by the President of the Republic, being at least one of them chosen from among federal public servants.

§ .1º The Directors will be appointed after approval by the Federal Senate, in the terms of the point " f? of the inciso III of the art. 52 of the Constitution.

§ 2º The regulation will have on the form of replacement of the Directors in their impediments.

Art. 14. It is hereby prevented from exercising direction of ADA the person who, in the twelve months prior to the date of his appointment, has held any of the following links with company that has project to it submitted or by it approved:

I? direct participation as a shareholder or partner, with an interest exceeding five per cent of the social capital;

II? administrator, manager or member of board of directors or fiscal; or

III? employed, albeit with a suspended work contract.

Art. 15. They are ADA competencies:

I? propose to coordinate the deployment of the Amazonian Development Plan, under supervision of the Ministry of National Integration;

II? manage the Amazonian Development Fund;

III? approve projects to be implemented within the framework of the Amazon Development Fund.

IV? authorize contracting to release resources from the Amazon Development Fund, upon proposition of the operator agent;

V? audit to evaluate the results of the application of the resources of the Amazonian Development Fund;

VI? implement studies to research aimed at identifying potentials to partner? economic and environmental vulnerabilities to propose strategies to actions compatible with regional space;

VII? strengthen the productive structures of the region, starting from the mobilization of their potential;

VIII? promote actions aimed at social development in the region;

IX? structuring to implement networks of information in support of productive activities;

X? to promote technical, technological cooperation to financial with national or international bodies, aimed at integration to regional development;

XI? draw up feasibility studies of integration projects for regional development;

XII? implement Managerial capacity-building programs, training èqualification of human resources suitable to the regional market;

XIII? conduct planning studies of territorial management and assess impacts of integration actions on development in the region, especially from an environmental point of view; and

XIV? check the suitability of the projects to the regional development policy.

Art. 16. Compete to the Colegified Directorate:

I? exercise the management of ADA;

II? edit standards on ADA competency matters;

III? approve the internal regiment of ADA;

IV? fulfilling to enforce the guidelines to proposals approved by the Deliberative Council for the Development of Amazonia;

V? verifying the compatibility of the projects with the Amazon Development Plan to with the guidelines to priorities set by the Deliberative Council, for the Development of the Amazon;

VI? approving to authorize the hiring of projects to be carried out with resources from the Amazon Development Fund;

VII? forward the ADA budget proposal to the Ministry of National Integration;

VIII? forward the management reports to the accounting demonstratives of ADA to the competent bodies;

IX? authorize the disclosure, of reports on the activities of ADA;

X? decide for the sale, assignment or rental of ingrating assets of the ADA's estate;

XI? to notify you to apply the penalties provided for in the legislation; and

XII? know how to judge requests for reconsideration of decisions by members of the Board.

§ 1º The Colegiada Board reunited? se?á with the presence of at least three Directors, among them the Director?General, it will act by a simple majority of votes.

§ 2º Decisions related to the institutional competences of ADA will be taken by the Colegified Directorate.

Art. 17. Compete to the Director?ADA General:

I? exercise their legal representation;

II? presiding over the meetings of the Colegiated Board;

III? complying with making compliance with decisions gives Colegified Directorate;

IV? decide, ad referendum of the Colegiada Directorate, the matters of urgency;

V? decide, in the event of a tie, in the deliberations of the Colegiated Board;

VI? appoint to exonerate servers;

VII? probing the posts in committee to the functions of trust;

VIII? admit employees to requisition to fire employees to servers;

IX? approving bidding editions to approve awardees;

X? forward to the Ministry of National Integration the budget proposal of the ADA;

XI? authorize the hiring of third-party services, in the form of the specific legislation;

XII? .sign contracts, agreements to congeniums, previously approved by the Colegiated Board; and

XIII? ordering expenses to practise the necessary management acts within reach of the ADA objectives.

Art. 18. Constitute revenue from ADA:

I? budget appropriations consigned to the General Budget of the Union;

II? transfers from the Amazon Development Fund, equivalent to two per cent of the value of each release of resources, by way of remuneration for the management of that Fund; and

III? any other unspecified recipes in the incisos I and II.

Art. 19. Will the ADA administration be governed by a management contract, signed by the Minister of State for National Integration and the Director?General, previously approved by the Deliberative Council, for the Development of Amazonia.

Single paragraph. The against to management will set the parameters for the internal management of ADA, and thus the indicators that allow to evaluate, objectively, their administrative performance and performance.

Art. 20. Will unwarranted misfulfillment of the management contract be able to imply the exoneration of the Director? General, by the President of the Republic, upon request, from the Minister of State for National Integration.

CHAPTER II

OF THE DEVELOPMENT OF THE NORTHEAST

Section I

From the Northeast Development Plan

Art. 21. The North-East Development Plan will be multiannual to comply with the general guidelines of the regional development policy.

Art. 22. The North-East Development Plan covers the states of the Maranhão, Ceará, Piauí, Rio Grande do Norte, Paraíba, Pernambuco, Alagoas, Sergipe, Bahia, Espirito Santo to the regions and Municipalities of the State of Minas Gerais that treat the Laws No s 1,348, of February 10, 1951, 6,218, of July 7, 1975, and 9.690; of July 15, 1998.

Section II

From the Northeast Development Fund

Art. 23. Is the North-East Development Fund established, of a accounting nature, to be managed by the Northeast Development Agency? ADENE, with the purpose of securing resources for the realization of investments in the Northeast, pursuant to this Interim Measure.

Single paragraph. The Executive Power will have on the application of the resources, noted that:

I? at least three percent will be earmarked for projects located in the State of the Holy Spirit; and

II? the application of parcel equivalent to ten per cent of the resources of which they treat the § § 2º and 3º of the art. 24 shall be conditional on the counterpart, of equal amount, of States and Municipalities.

Art. 24. They constitute resources of the ' Northeast Development Fund:

I? budget allocations to the National Treasury resources account;

II? possible results of financial applications of its resources;

III? product of the disposition of securities and dividends of shares to it linked; and

IV? other resources provided for in law.

§ 1º In the 2001 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 462,000,000.00 (four hundred and sixty-two million of reais).

§ 2º In the 2002 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 660,000,000.00 (six hundred and sixty million reais).

§ 3º From 2003 and until the financial year 2013, the annual allocation of resources from the National Treasury to the North-East Development Fund will be equivalent to the value of the endowment referred to in § 2º, updated by the accumulated change in net current revenue of the Union, in the form of the regulation.

§ 4º The financial availabilities of the North-East Development Fund will stay deposited in the single Account of the National Treasury.

Art. 25. They are deductible from the repass of the features of which it treats the inciso I of the art's caput . 24, the plots equivalent to the tax incentive options, relating to the Statutory Person Income Tax, exercised by the companies, as well as any resource commitments arising from tax incentive options under the Fund of Investments from the Northeast? FINAR.

Single Paragraph. Noted the provisions of the caput, the financial resources of which we treat § § 2º and 3º of the art. 24 will be repassed in full to the Northeast Development Fund in the form of monthly twelfth.

Art. 26. The North-East Development Fund will have as agents operators the Bank of Northeast Brazil S.A.. and other federal official financial institutions, to be defined in act of the Executive Power, which will have, among others, the following competencies:

I? scrutinize and attest to the regularity of the projects under their driving; and

II? propose the release of financial resources, for the projects authorized by ADENS.

Single paragraph. The Executive Power shall have on the remuneration of the operator agent.

Art. 27. The participation of the Northeast Development Fund in the investment projects will be limited to one percent of the value of the expected total reversals for the deployment of. project, as we dispose of the regulation.

Single paragraph. The participation referred to in the caput will be represented by convertible debentures in shares, whose exercise by ADENS is limited to fifty, percent of the participation.

SECTION III

From the Board Deliberative for the Development of. Northeast

Art. 28. The Deliberative Council of the Northeast Development of the North-East Development becomes the Naming? Se Deliberative Council for the Development of the Northeast and will integrate the structure of the Ministry of National Integration.

Art. 29. To The Deliberative Council for the Development of the Northeast compete:

I? approving the North-East Development Plan and the Multiannual Financing Plan;

II? establish guidelines and priorities for the financing of regional development;

III? supervising, the execution of the North-East Development Plan is compliance with the guidelines referred to in the inciso II; and

IV? approving the management contract of the entity responsible for the implémentation of the Northeast Development Plan:

Art. 30. The Deliberative Council for the Development of the Northeast convene? se?á, ordinarily, once every semester, and, extraordinarily, in the form of the regulation.

Section IV

Of The Development Agency of the Northeast

Art. 31. Is the Northeast Development Agency set up? ADENE, of a municipal nature, bound by the Ministry of National Integration, with the aim of implementing policies and viabilizing development instruments of the Northeast.

§ 1 A ADENE has headquarters and venue in the city of the Recife, State of Pernambuco.

§ 2º The ADENE acting area is the one defined in the art. 22 of this Provisional Measure.

Art. 32. Will ADENE be directed at collegiate regimen by a board made up of a Director?General and three Directors.

§ 1º The basic organization and competencies of the units will be established in an act of the Executive Power.

§ 2º Will the structure of ADENE a General Prosecutor's Office and an Audit?General.

Art. 33. The Director?General and the remaining Directors will be appointed by the President of the Republic, being at least one of them. chosen from among federal public servants.

§ 1º The Directors will be appointed after approval by the Federal Senate, under the terms of the f? of the inciso III of the art. 52 of the Constitution.

§ 2º The regulation will have about the .form of replacement of the Directors in their impediments.

Art. 34 Stay prevented from exerting direction of direction of ADENE the person who, in the twelve months prior to the date of his appointment, has maintained any. one of the following links with company that has project to it, submitted or by, it approved:

I? direct participation as a shareholder or partner, with an interest exceeding five per cent of the social capital;

II? administrator, manager or member of board of directors or fiscal; or

III? employed, albeit with a suspended work contract.

Art. 35. Are competences of ADENE:

I? to propose and coordinate the deployment of the North-East Development Plan, under supervision of the, Ministry of National Integration;

II-manage the Northeast Development Fund;

III? approve projects to be implemented within the framework of the Northeast Development Fund;

IV? authorize contracting and release resources from the Northeast Development Fund, upon proposition of the operator agent;

V? audit and evaluate the results of the application of the resources of the Northeast Development Fund;

VI? implement studies and research aimed at identifying potential and vulnerabilities partner? economic and environmental vulnerabilities and propose strategies and actions compatible with regional space;

VII? strengthen the structures? productive of the region, starting from the mobilization of their potential;

VIII? promote actions aimed at social development in the region;

IX? structuring and implementing networks of information in support of productive activities;

X? promote técniica, technological and financial cooperation with national or international bodies, aimed at integration and regional development;

XI? to draw up feasibility studies of integration and regional development projects;

XII? implement managerial capacity-building programs, training and qualification of human resources appropriate to the regional market;

XIII? conduct studies of, territorial planning and management and evaluate impacts of integration and development actions in the region, especially from the environmental point of view; and

XIV? check the suitability of the projects to the regional development policy.

Art. 36. Compete to the Colegified Directorate:

I? exerted administration of ADENE;

II? edit standards on ADENE competency matters;

III? approve the internal regiment of ADENE;

IV? comply with and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the Northeast;

V? verifying the compatibility of the projects with the Northeast Development Plan and with the guidelines and priorities set by the Deliberative Council, for the Development of the Northeast;

VI? approve and authorize the hiring of projects to be carried out with resources from the Northeast Development Fund;

VII? forward the ADENE budget proposal to the Ministry of National Integration;

VIII? forward the management reports and accounting demonstratives of ADENE to the competent bodies;

IX? authorize the disclosure of reports on the activities of ADENE;

X? decide on the sale, assignment or rent of the ADENE's equity goods;

XI? to notify and apply the penalties provided for in, legislation; and

XII? knowing and judging requests for reconsideration of decisions by members of the Board.

§ 1 ° The Colegiada Board reunited? se?á with the presence of at least three Directors, among them the Director?General, and will deliberate by a simple majority of votes.

§ 2º Decisions related to the institutional competencies of ADENE will be taken by the Colegified Directorate.

Art. 37. Compete to the Director?General of ADENE:

I? exercise their legal representation;

II? presiding over the meetings of the Colegiated Board;.

III? comply with and enforce the decisions of the Colegiated Board;

IV? decidia ad referendum of the Board. Collegiate, the issues of urgency;

V? appoint and exonerate servers;

VI? probing the posts in committee and the functions of trust;

VII? decide, in the event of a tie-up, in the deliberations of the Colegiated Board;

VIII? admit employees and requisition and lay off employees and servers;

IX? approve bidding editions and homologation of adjudications;

X? forward to the Ministry of National Integration the budget proposal of ADENE;

XI? authorize the hiring of services give third parties, in the form of the specific legislation; and

XII? sign contracts, agreements and arrangements, order expenses and practice the necessary management acts within reach of the goals of ADENE.

Art. 38. Constitute revenues of ADENE:

I? budget allocations consigned to the General Budget of the Union;

II? transfer of the Northeast Development Fund, equivalent to two per cent of the value of each release of resources, by way of remuneration for the management of that Fund; and

III? any other unspecified recipes? in the incisos I and II.

Art. 39. The administration of ADENE will be governed by a management contract, signed by the Minister of State for National Integration and the Director-General, previously approved by the Deliberative Council for the Development of the Northeast.

Single partagraph. The management contract will establish the parameters for the internal administration of ADENE, as well as the indicators that allow to evaluate, objectively; their administrative performance and performance.

Art. 40. Will unwarranted unfulfillment of the management contract be able to imply, the exoneration of the Director?General, by the President of the Republic, upon request by the Minister of State for National Integration.

CHAPTER III

OF THE FINAL PROVISIONS E. TRANSITIONAL

Art. 41. Do they become extinct the Superintendence Development of the Amazon? SUDAM and the Superintendence of the Development of the Northeast? SUDENE.

§ 1º Observed the provisions of the art. 9º, 15, 29 and 35, the competences assigned by the legislation to SUDAM and SUDENE and their respective Deliberative Councils are transferred to the Union.

§ 2º The Union shall succeed SUDAM and SUDENE in its rights and obligations.

§ 3º Ficam transferred to the Union, through the Ministry of Planning, Budget and Management, the responsibility for the administration and payment of inactives and pensioners of SUDAM and SUDENE.

§ 4º The cadres of servers, the posts in commission and the gratified functions of SUDAM and SUDENE stay transferred to the Ministry of Planning, Budget and Management.

§ 5º Compete to the Ministry of National Integration:

I? the analysis, approval and the remaining arrangements regarding the provision of accounts arising from the congeniums or similar instruments firmed up by SUDAM and SUDENE;

II? the administration of the ongoing projects at SUDAM and SUDENE, related to the respective Investment Funds;

III? the inventory and administration of the goods and rights of SUDAM and SUDENE; and

IV? the exercise of the remaining legal assignments of SUDAM, SUDENE and the respective Deliberative Councils.

Art. 42. The installation of ADA and ADENE and the beginning of the exercise of their competencies give? se?ion from the publication of the respective regimental structures in acts of the President of the Republic.

Single partagraph. While not installed ADA and ADENE, the Union shall exercise the powers established in the arts. 15 and 35 of this Provisional Measure.

Art. 43. ADA and ADENE will be able to requisition, with onus, servers and employees of organs and integral entities of the Federal Public Administration.

Single paragraph. During the first twenty-four months subsequent to your facility, ADA and ADENE will be able to supplement the remuneration of the requisite server or public servant, up to the limit of the remuneration of the effective job or permanent employment occupied in the organ or in the source entity, when the requisition involves reduction of that remuneration.

Art. 44. The Advocacy?General of the Union shall represent ADA and ADENE in the judicial proceedings in which these are party or .stakeholder, until the deployment of their respective Goods?General.

Art. 45. The Ministry of National Integration and Advocacy?General of the Union shall promote, within the maximum period of one hundred and twenty days, lift of the ongoing legal proceedings, where SUDAM and SUDENE figurem as a part.

Art. 46. It shall be the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171, 5 of, January 2001, consigned to SUDAM and SUDENE, relating to the expenditure referred to in § 3º of the art. 41 of this Provisional Measure, as well as those concerning the payment of benefits to the corresponding servers and social charges, to the Ministry of Planning, Budget and Management, maintained the same budget classification, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995 of July 25, 2000, as well as the respective detailing by budgetary sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 47. Is the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171 of 2001, consigned to SUDAM and SUDENE, to the Ministry of National Integration, to ADA and to ADENE, held the same budget classification, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995, of 2000, as well as the respective detach by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 48. While not dispose of technical qualification for economic feasibility analysis? finance of projects and risk assessment of borrowers, ADA and ADENE firmarion contract or contract with federal entities holder of recognized expertise nthose subjects.

Single paragraph. Act of the Chief of the Executive Power shall recognize, on the proposal of the Minister of State for National Integration, the qualification of the Agencies for the exercise of the competence to which he / she refers to the caput.

Art. 49. The beneficiaries of approved projects and in deployment since meeting the specific conditions of each Fund or line of funding, will be able to opt for the systematic:

I? of investment from the Amazonian Development Fund and the Northeast Development Fund;

II? of funding from the Northern and North-East Funding Constitutional Funds, observed the areas of acting established in the incisos I and lI of the art. 5º of Law No. 7,827, of September 27, 1989; or

III? .other lines of funding to be held by federal financial institutions.

§ 1º The annual budget schedules of the Northern and North-East Funding Constitutional Funds will contemplate appropriations intended for the fulfillment of the option provided for in the inciso II of this article.

§ 2º The provisions of this article apply? if the projects approved and in deployment within the framework of the State Spirit Economic Recovery Fund? FUNRES.

Art. 50. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2,145, of May 2, 2001.

Art. 51. They are revoked:

I? the art. 34 of Law No. 3,995 of December 14, 1961;

II? the arts. 19 a to 23 of Law No. 4,239 of June 27, 1963;

III? the arts. 17 a 24 of Law No. 4,869, from 1º December 1965;

IV? the point "b" and the § § 1º to 15 of the art. 7º of Law No. 5.174 of October 27, 1966;

V? the arts. 38 a to 43 of Law No. 5,508, of October 11, 1968;

VI? the § § 1º to 7º of the art.1º, the arts. 2º, 4º, 5º, 15 and 16 of the Decree?Law No. 756, of August 11, 1969;

VII? the arts. 4º, 5º and 6º of the Decree?Law No. 880, of September 18, 1969;

VIII? the art. 1º of the Decree?Law No. 1,267, of April 12, 1973;

IX? the Decree?Law No. 1,345, of September 19, 1974;

X? the items ' "a", "b" and "g" of the single paragraph of the art. 1º, the point "a" of the inciso I and the inciso V of the art. 11 of the Decree?Law No. 1,376, of December 12, 1974;

XI? the Decree?Law No. 1,653 of December 27, 1978;

XII? the arts. 1º and 3º of the Decree?Law No. 1,734, of December 20, 1979;

XIII? the art. 1º of the Decree?Law #? 2,089, of December 27, 1983;

XIV? the Decree?Law No. 2,250, of February 26, 1985;

XV? the inciso III of the art. 12 of the Decree?Law No. 2,397, of December 21, 1987;

XVI? the Law No. 7,918 of December 7, 1989;

XVII? the point "a" of the inciso IV of the art. 1º of Law No. 8,034, of April 12, 1990;

XVIII? the inciso I of the art. 1º of Law No. 8,167 of January 16, 1991;

XIX? o § 1ºdo art. 2º of Law No. 9,532, of December 10, 1997;

XX? the art. 18 of Law No. 4,239 of June 27, 1963 and the "h" of the art. 1º of the Decree?Law No. 756 of August 11, 1969, resonated the right provided for in art. 9º of Law No. 8,167 of January 16, 1991, for persons who have already exercised it, by the end of the period provided for the deployment of their projects, provided that they are in a situation of regularity, met all the requirements provided for and the, approved timetables; and

XXI? the Provisional Measure No. 2,145, of May 2, 2001.

Art. 52. This Interim Measure takes effect on the date of its publication.

Brasilia, May 4, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Martus Tavares

Fernando Bezerra