DECREE N 7,721, OF April 16, 2012

Disposes on the conditioning of receiving the financial assistance of the Insurance Program-Unemployment to the registration and attendance voucher in initial and continuing education or from professional qualification, with minimum hourly charge of one hundred and sixty hours.

A CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of § 1 ° of the art. 3 ° and in § 2 ° of the art. 8 ° of Law No. 7,998, of January 11, 1990, and in Law No. 12,513 of October 26, 2011,

D E C R E T A:

Art. 1 ° The receipt of financial assistance by the insured worker applying for the benefit of the Insurance-Unemployment Program from the third time within a ten-year period may be conditional on the registration and attendance voucher in a course of initial and continuing education or professional qualification, enabled by the Ministry of Education, under art. 18 of Law No. 12,513, of October 26, 2011, with minimum hourly charge of one hundred and sixty hours.

Paragraph single. The course provided for in the caput will be offered by means of the Bolsa-Worker Training awarded under the National Programme for Access to Technical Education and Employment-PRONATEC, instituted by Law No. 12,513, 2011, or of free vacancies in the network of vocational and technological education.

Art. 2 ° Compete to the Ministry of Education:

I-offer vacancies in initial training courses and continued or professional qualification within the framework of PRONATEC to workers beneficiaries of unemployment insurance, considering the free vacancies available in the vocational and technological education network; and

II-forward periodically to the Ministry of Labour and Employment information about the enrolment and frequency of that treats the caput of the art. 1 °.

Art. 3 ° Compete to the Ministry of Labour and Employment:

I-orient and forward the workers beneficiaries of the insurance-unemployment to the initial and continuing education or professional qualification courses offered pursuant to this Decree;

II-fix the requirements for the definition of the worker's profile, as set forth in the inciso I of the art's caput . 5 °;

III-forwarding to the Ministry of Education information on the characteristics of the workers beneficiaries of the segurounemployment to subsidize the vocational training and qualification activities developed for public service; and

IV-establish the remaining procedures necessary for compliance with the conditionality for the receipt of the benefit of the seguro-unemployment provided for in the caput of the art. 1 °.

Art. 4 ° The provision of initial and continuing education or vocational qualification courses by the bidding institutions within the PRONATEC should have as a reference the information of the Ministry of Labour and Employment and the National System of Employment-SINE relating to the profile of insured employees of which it treats the caput of the art. 1 ° and the local characteristics of the labour market.

Art. 5 ° It will not be required of the worker the conditionality of which it treats the caput of the art. 1 ° at the following hypotheses:

I-non-existence of course offer compatible with the profile of the worker in the municipality or metropolitan region of domicile of the worker, or, still, in limitrofe municipality; and

II-presentation by the registration voucher worker and monthly frequency in another initial and continuing education or professional qualification course with load hourly equal to or more than one hundred and sixty hours.

Single paragraph. The conditionality of which treats the caput of the art. 1 ° may still be required should the end of the course of which it treats the inciso II of the caput occur while the worker is receiving the installments of the seguro-unemployment benefit.

Art. 6 ° The benefit of the insurance-unemployment of the worker subject to the conditionality of which it treats the caput of the art. 1 ° can be cancelled in the following situations:

I-refusal by the worker of the pre-matriculation in the course of initial and continuing education or professional qualification offered;

II-non-achievement by the worker of the effective tuition at the educational institution, within the established timeframe; and

III-evasion of the initial and continuing education course or professional qualification in which it is enrolled.

§ 1 ° The pre-matriculation or its refusal will require signature of a science term.

§ 2 ° The pre-matriculation or its refusal will be carried out in the units of the Ministry of Labor and Employment or members of the SINE.

§ 3 ° In the event that the worker refuses to sign the document that it treats § 1 °, it shall be laved term signed by two witnesses.

Art. 7 ° Atended as a matter of priority the workers of which it treats art. 1 °, if there is availability of Bolsas-Worker Training within PRONATEC or free vacancies in the vocational and technological education network, these could be offered to the remaining beneficiaries of the insurance-unemployment, respected levels of required schooling and the remaining prioritization criteria set out in the framework of PRONATEC.

Art. 8 ° Joint Act of the Ministers of State for Education and Labour and Employment shall discipline:

I -the characteristics of the initial and continuing education or professional qualification courses offered under this Decree; and

II-the remaining conditions, requirements and standards required for the application of the conditionality predicted in the art's caput . 1 °.

Art. 9 ° The offer of Bolsa-Worker Training within the PRONATEC in the terms set out in this Decree is conditional on the existence of budgetary allocation.

Art. 10. This Decree comes into effect on the date of its publication.

Brasilia, April 16, 2012; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Aloizio Mercadante

Paulo Roberto dos Santos Pinto