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Provisional Measure No. 2,197-42, Of 27 July 2001

Original Language Title: Medida Provisória nº 2.197-42, de 27 de Julho de 2001

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PROVISIONAL MEASURE NO. 2.197?42, OF July 27, 2001.

Disposes about the adoption of measures related to the Housing Financial System? SFH, aments the Laws nos 4,380, of August 21, 1964, 8,036, of May 11, 1990, and 8,692, of July 28, 1993, 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. 1º Will it be admitted, in the framework of the Housing Financial System? SFH, the conclusion of financing contracts with plans for re-adjustment of the monthly charge other than those provided for in Law No. 8,692 of July 28, 1993.

Single paragraph. In the housing finance operations carried out with resources from the Service Time Guarantee Fund? FGTS, the FGTS Curator Council will be able to define the readjustment plans of the monthly charge to be applied to them.

Art. 2º Financial agents of the SFH will be able to hire financing where the security-related coverage give? se?á in policy other than the Housing Financial System's Housing Insurance, provided that the transaction provides, mandatorily, at the minimum, the coverage regarding the risks of death and permanent disability.

Art. 3º The art. 25 of Law No. 8,692, of 1993, passes the vigour with the following essay:

" Art. 25. In the financing concluded under the Housing Financial System, the effective rate of interest will be at most twelve per cent per year. " (NR)

Art. 4º The inciso III of the art.18 of Law No. 4,380, of August 21, 1964, goes on to invigorate with the following essay:

" III? to establish the general conditions to which they should meet the applications of the Housing Financial System as to guarantees, interest, deadlines, risk limits and maximum financing and acquisition values of the real estate financed under the Housing Financial System. " (NR)

Art. 5º The Law No. 8,036 of May 11, 1990, it passes the invigoration with the following amendments:

" Art. 9º ...........................................................................................................................................................................

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§ 6º Maintained the average profitability of which treats § 1º, applications in popular housing will be able to contemplate systematic discount, directed at the function of the beneficiary's household income, where the benefit value is granted upon reduction in the value of benefits to be paid by the borrower or payment of part of the acquisition or construction of real estate, among others, at the discretion of the FGTS Curator Council.

§ 7º The resources required for the achievement of the systematic of discount will be highlighted, annually, of the FGTS ' resource application budget, constituting specific reserve, with self-accounting. " (NR)

" Art. 20. ..........................................................................................................................................................................

I? farewell without just cause, inclusive of indirect, of reciprocal guilt and of force majee;

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§ 17. We are vetted moving the bound account of the FGTS in the modalities provided for in the incisies V, VI and VII of this article, in the transactions firmed up, from June 25, 1998, in the case where the purchaser already owns or proms buyer of real estate located in the Municipality where it resides, as well as in the case where the purchaser already detains, in any part of the Country, at least one funding under the conditions of the SFH.

§ 18. The personal attendance of the linked account holder is indispensable for the payment of the withdrawal in the hypotheses provided for in the incisties I, II, III, VIII, IX and X of this article, save in the event of serious medical expertise by medical expertise, when it will be pays the specially constituted prosecutor for that purpose. " (NR)

" Art. 23. ..........................................................................................................................................................................

§ 1º ................................................................................................................................................................................

I? do not deposit monthly the percent concerning the FGTS, as well as the values provided for in the art. 18 of this Act, in the deadlines of which it treats § 6º of the art. 477 of the Consolidation of Labor Laws? CLT:

....................................................................................................................................................................................... " (NR)

" Art. 29 ?A. Any claims relating to the correction of the balances of FGTS-linked accounts will be settled upon release by the agent operator in the respective account of the employee. " (NR)

" Art. 29 ?B. It will not be possible to measure liminal in a security warrant, in the cautionary procedure or in any other actions of a cautionary or preventive nature, nor the anticipated tutelage provided in the arts. 273 and 461 of the Code of Civil Procedure that entail sapling or moving of the worker's linked account in the FGTS. " (NR)

Art. 6º Ficam convalidated the acts practiced on the basis of the Provisional Measure No. 2.197-41, of June 28, 2001.

Art. 7º This Interim MeasD takes effect on the date of its publication.

Art. 8º Ficam revoked § 1º of the art. 9º and the art. 14 of Law No. 4,380, of August 21, 1964, and the art. 23 of Law No. 8,692, of July 28, 1993.

Brasilia, July 27, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano Gianni