Key Benefits:
PROVISIONAL MEASURE NO. 2.197-43, OF August 24, 2001
Disposes on the adoption of measures relating to the Housing Financial System-SFH, changes the Leis 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 it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:
Art. 1º Will be admitted, within the framework of the Housing Financial System-SFH, the conclusion of financing contracts with readjustment plans 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 Board will be able to define the readjustment plans of the monthly charge to be in them applied.
Art. 2º The financial officers of the SFH will be able to hire financing where the security-related coverage will give themselves in policy other than the Housing Financial System Housing Insurance, provided that the transaction provides, mandatorily, at the very least, 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, it passes the invigoration with the following essay:
" III-establish the general conditions to which they are to 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 .................................................................................................................................
.........................................................................................................................................................
§ 6º Maintained the average profitability of which treats the § 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 Board.
§ 7º The resources required for the achievement of the rebate systematic will be highlighted, annually, of the budget application of FGTS resources, constituting specific reserve, with own accounting. " (NR)
" Art. 20. ...............................................................................................................................
I-farewell without just cause, including the indirect, of reciprocal guilt and force majee;
.........................................................................................................................................................
§ 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 regarding the FGTS, as well as the values predicted 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. 2.197-42, of July 27, 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, August 24, 2001; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
