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Law # 12340, December 1, 2010

Original Language Title: Lei nº 12.340, de 1º de Dezembro de 2010

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LEI No. 12,340, OF 1º OF DECEMBER 2010

Disposes about the National Civil Defense System-SINDEC, on resource transfers for relief actions, assistance to the victims, re-establishment of essential services and reconstruction in the disaster-hit areas, and on the Special Fund for Public Calamities, and gives other arrangements.

The P R E S D E N T E D A R E P U B L I C A

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

Art. 1º The National Civil Defense System-SINDEC aims to plan, articulate, and coordinate the actions of civil defense throughout the national territory.

Single paragraph. For the purposes of this Act, it is understood as civil defense the set of preventive, relief, assistive, and recoverable actions aimed at preventing disasters and minimizing their impacts to the population and re-establishing social normality.

Art. 2º The organs and entities of the public administration of the Union, of the states, of the District Federal and of the Municipalities and civil society entities responsible for civil defense actions will behave the Sindec.

§ 1º The states and the Federal District should refer to the National Office of Civil Defence Office of the Ministry of National Integration, within 180 (one hundred and eighty) days of the date of signing the accession term to the Sindec, mapping, updated annually, from the risk areas of its territory and making available support for working out work plan to Municipalities that do not have a technical capacity, as per Regulation.

§ 2º The National Office of Civil Defence of the Ministry of National Integration will be the coordinator body of SINDEC, staying responsible for its articulation, coordination and technical supervision.

§ 3º Integrates the Sindec the National Council of Civil Defence-CONDEC, of consultative and deliberative nature, responsible for formulating and deliberating policies and guidelines government of the National Civil Defense System, whose composition and functioning will be disciplined in regulation.

Art. 3º The federal executive branch will complement, in a complementary manner, the states, the Federal District and the Municipalities in an emergency or state of public calamity, by the mechanisms provided for in this Act.

§ 1º The support provided for in the caput will be rendered to the individuals who have the emergency situation or state of public calamity recognized by the federal executive branch.

§ 2º The recognition provided for in § 1º will give itself upon application by the Executive Power of the State, Federal District or Municipality affected by the disaster.

Art. 4º Are mandatory the transfers of the Union to the organs and entities of the states, District Federal and Municipalities for the execution of relief actions, assistance to victims, restoration of essential services and reconstruction, observed the requirements and procedures laid down in this Act.

§ 1º The actions of which treats the caput to be executed will be defined in regulation and the Ministry of the National Integration will define the amount of resources to be transferred, upon specific account deposit held by the recipient in federal official financial institution, in accordance with its budgetary and financial availability and with basis in the information obtained in the face of the federative.

§ 2º The recipient shall present work plan to the Ministry of National Integration, exclusively in the case of execution of reconstruction actions.

Art. 5º The Ministry of National Integration will monitor and scrutinise the application of the resources transferred in the form of the art. 4º.

§ 1º Verified the application of resources at odds with the provisions of this Act, the saque of the values of the specific account and the realization of new transfers to the beneficiary will be suspended.

§ 2º The beneficiaries of the transfers of which it treats the caput should present to the Ministry of National Integration the provision of accounts of the total resources received, in the form of the regulation.

§ 3º The concerned beneficiaries will keep, by the time limit of 5 (five) years, counted from the date of approval of the provision of accounts of which it treats § 2º, the documents to it concerning, inclusive of payment vouchers effected with the financial resources transferred in the form of this Act, by becoming obliged to make available them, where requested, to the Ministry of National Integration, to the Court of Auditors of the Union and to the Internal Control System of the Federal Executive Power.

Art. 6º Ficam authorized the National Department of Transport Infrastructure-DNIT and the Ministry of Defence, upon request of the interested federate concerned, to act, jointly or in isolation, in the recovery, execution of deviations and restoration of roads and other avenues of road transport under the jurisdiction of the states, the Federal District or the Municipalities affected by disasters.

Art. 7º The Special Fund for Public Calamities-FUNCAP, established by the Decree-Law No. 950 of October 13, 1969, becomes governed by the provisions of this Act.

Art. 8º The Funcap, of an accounting and financial nature, will have as purpose to cost actions of reconstruction in disaster-stricken areas in the federates that have the emergency situation or state of public calamity recognized under the art. 3º.

Art. 9º The Funcap will have its heritage consisting of quotas that will be integralized annually by the Union, states, Federal District and Municipalities.

§ 1º A integralization of quotas by the states, Federal District and Municipalities will be voluntary and can only be carried out in current currency.

§ 2º In the integralization of the quotas, for each part integralized by the states, Federal District and Municipalities, the Union will integrate 3 (three) parts.

§ 3º The states, the Federal District, and the Municipalities that decide to integrate quotas in the Funcap should inform the Office of Civil Defence of the Ministry of National Integration, until the June 30 of each year, the value to be made available for that purpose, so as to allow the inclusion of the value to be integrated by the Union into the annual budget law of the next exercise.

§ 4º The federated ones that integrate quotas into the Funcap only will be able to withdraw them after 2 (two) years of the date of completeness, except in the case of saking performed in the form of the art. 11.

Art. 10. The resources of the Funcap will be held in federal financial institution and managed by a Board Director, composed of:

I-3 (three) representatives of the Union;

II-1 (one) representative of the states and the Federal District;

III-1 (one) representative of the Municipalities.

§ 1º The Chair of the Director Council shall fit one of the representatives of the Union.

§ 2º Observed the provisions of the caput, the federal executive branch will regulate the manner of referral of the representatives and the functioning of the Director Council.

Art. 11. In the occurrence of disaster, the states, the Federal District and the Funcap cotitic Municipalities will be able to draw resources up to the limit of their quotas, plus the value which is aported by the Union in the ratio set out in § 2º of the art. 9º.

§ 1º The features drawn in the form of this article will only be able to be used for the purpose provided for in the art. 8º.

§ 2º Will not be required restitution of the resources that are aported by the Union drawn in the form of the caput, except in the case of use at odds with the intended purpose in the art. 8º.

§ 3rd The States, the Federal District and the cotitic Municipalities should account for the features drawn, in the form of the regulation.

Art. 12. The Union will be able to anticipate quotas, in such a way as to foster the accession of the remaining federated ones in the Funcap.

Art. 13. In exceptional cases, the Director of the Funcap will be able to authorize the saque, in the form of the caput of the art. 11, to cost immediate relief actions, assistance to the victims and re-establishment of essential services in disaster-affected areas in the cotists.

Art. 14. The quota integralization limit for each individual, the conditions for saking and utilization of the Funcap's resources, as well as other operating order procedures concerning it, will be established in regulation.

Art. 15. It shall be prohibited from the collection of late payment interest, by banking establishments and financial institutions, on securities of any kind, the maturity of which gives during the period of suspension of the service to the public on its dependencies on the grounds of disasters, when characterized emergency situations or state of public calamity, as long as they are settled on the first day of normal expedient, or in a higher term defined in specific normative act.

Art. 16. The caput of the art. 1º of Law No. 9,077 of July 10, 1995, passes the invigoration with the following essay:

" Art. 1º Is the Executive Power authorized to donate public food stocks, in natura or after beneficiation, directly to the needy populations, objecting to the combat hunger and misery, as well as to populations hit by disasters, when characterized emergency situations or state of public calamity, upon a joint proposal by the Ministry of Agriculture, Livestock and Supply, from the Ministry of National Integration and the Civil House of the Presidency of the Republic.

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

Art. 17. Union transfers to the organs and entities of the states, Federal District and Municipalities for the execution of reconstruction actions aimed at the fulfillment of disaster-affected areas that has generated the recognition of state of calamity public or emergency situation will be conditional on the edition of declaratory decree of the state of public calamity or of the emergency situation and the submission of the following documents:

I-Preliminary Notification of Disaster-NOPRED, issued by the competent public organ;

II-plan of work, with proposal of reconstruction actions in disaster-hit areas.

§ 1º The federated person affected by the state of public calamity or emergency situation will forward the documents provided for in the caput to the Ministry of National Integration within the maximum period of 30 (thirty) days of the occurrence of the disaster.

§ 2º Fulfilled the legal formalities of this article, the Ministry of National Integration will summarily characterize the characterization of the state of public calamity or of the situation of emergency and will proceed to the transfers of which it treats the caput of this article.

§ 3º Ascertained, at any time, the presence of vices in the documents submitted, or the inexistence of the state of public calamity or the declared emergency situation, the administrative act that has authorized the realization of the transfer mandatory will lose its effects, staying the ente beneficiary obliged to return the past values, updated monetarily.

§ 4º Without prejudice to the provisions of § 3º, occurring evidence of falsification of documents by the federated person, the Federal Public Prosecutor's Office and the Ministry State Public respective, for adoption of the cableable arrangements.

Art. 18. They are revoked:

I-the art. 51 of Law No. 11,775 of September 17, 2008;

II-the Decree-Law No. 950, of October 13 of 1969.

Art. 19. This Law comes into effect on the date of its publication.

Brasilia, 1º December 2010; 189th of Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Paulo Sérgio Oliveira Passos

Paulo Bernardo Silva

João Reis Santana Filho