LEI No. 12,435, OF July 6, 2011

Altera the Law No. 8,742, of December 7, 1993, which has about the organization of Assistance Social.

A P R E S I D E N T A 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 arts. 2º , 3º , 6º , 12, 13, 14, 15, 16, 17, 20, 21, 22, 24, 24, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, 28, and 36 of Law style='margin-top:6.0pt; margin-right: 0cm; margin-bottom: 6.0pt; margin-left:2.0cm; text-align:justify; text-justify:inter-ideograph; text-indent: 14.2pt; line-height:normal; text-autospace:none'> " Art. 2º Social assistance has for goals:

I-the social protection, which aims at the guarantee of life, harm reduction and the prevention of the incidence of risks, especially:

a) family protection, motherhood, childhood, à adolescence and old age;

b) the amparo to children and carent adolescents;

c) the promotion of integration to the labour market;

d) the habilitation and rehabilitation of people with disabilities and the promotion of their integration to community life; and

e) the 1 (a) salarium-minimum guarantee of monthly benefit to the person with a disability and to the elderly who voucher not to possess means of providing for the maintenance themselves or of having it probed by their family;

II-the socio-assistive surveillance, which aims to territorially analyze the protective ability of families and in it the occurrence of vulnerabilities, threats, victimizations, and damage;

III-the defence of rights, which aims to ensure full access to rights in the whole of the socio-assistive provisions.

Single paragraph. For the poverty-facing, social assistance is carried out in an integrated manner to sectoral policies, ensuring social minimums and the provement of conditions to meet social contingencies and promoting the universalization of social rights. " (NR)

" Art. 3º Consider entities and welfare organizations those not-for-profits that, either isolated or cumulatively, provide fulfillment and advising to the beneficiaries covered by this Act, as well as those acting in the defense and warranty of rights.

§ 1º Are of fulfillment those entities that, in a continuing, permanent and planned manner, provide services, perform programs or projects and grant basic or special social benefit benefits, addressed to families and individuals in situations of vulnerability or social and personal risk, pursuant to this Act, and respected the deliberations of the National Council for Social Assistance (CNAS), of which they treat the incisians I and II of the art. 18.

§ 2º Are of advising those that, in a continuing, permanent and planned manner, provide services and carry out programs or projects aimed primarily at the strengthening of social movements and user organizations, formation and capacity-building of leads, directed to the public of the welfare policy, pursuant to this Act, and respected the deliberations of the CNAS, of which they treat the incisians I and II of the art. 18.

§ 3º Are of defense and warranty of rights those that, in a continuing, permanent and planned manner, provide services and carry out programs and projects aimed primarily at the defense and effectivation of socio-assistive rights, construction of new rights, promotion of citizenship, faced with social inequalities, articulation with public rights bodies, directed to the public of welfare policy, under the terms of this Act, and respected the deliberations of the CNAS, of which they treat incisies I and II of the art. 18. " (NR)

" Art. 6º Stock management in the area of social assistance gets organized in the form of decentralized and participatory system, called the Single Social Assistance System (Their), with the following objectives:

I-consolidate the shared management, cofinancing and the technical cooperation between the federative people who, in an articulated way, operate the non-contributory social protection;

II-integrate the public and private network of services, programs, projects, and welfare benefits, in the form of the art. 6o- -C;

III-establish the responsibilities of federative people in the organization, regulation, maintenance and expansion of social care actions;

IV-define the levels of management, respected regional and municipal diversities;

V-implement work management and permanent education in the social assistance;

VI-establish the integrated management of services and benefits; and

VII-sharpening of socio-assistive surveillance and the guarantee of rights.

§ 1º The actions offered in the framework of Their are aimed at protecting the family, motherhood, childhood, adolescence and old age and, as an organization base, the territory.

§ 2º Its is integrated by the federative individuals, the respective social assistance boards and the welfare entities and organizations covered by this Law.

§ 3º The coordinating instance of the Policy National of Social Assistance is the Ministry of Social Development and Combat to Hunger. " (NR)

" Art. 12. ...................................................................................

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II-cofinance, by means of automatic transfer, the improvement of management, services, programs, and projects of social assistance in a national framework;

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IV-carry out the monitoring and evaluation of the welfare policy and advise states, Federal District and Municipalities for their development. " (NR)

" Art. 13. ...................................................................................

I-targeting financial resources to Municipalities, by way of participation in the costing of the payment of the eventual benefits of which it treats the art. 22, upon criteria set out by the State Councils of Social Assistance;

II-cofinance, by means of automatic transfer, the improvement of management, services, programs, and projects of social assistance in a regional or local area;

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VI-carry out the monitoring and evaluation of the welfare policy and advise the Municipalities for their development. " (NR)

" Art. 14. ...................................................................................

I-targeting financial resources for costing the payment of the eventual benefits of which it treats art. 22, upon criteria established by the Social Care Councils of the Federal District;

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VI-cofinancing the enhancement of management, the services, programs, and social assistance projects in local scope;

VII-carry out the monitoring and evaluation of the social assistance policy in its scope. " (NR)

" Art. 15. ...................................................................................

I-targeting financial resources for costing the payment of the eventual benefits of which it treats art. 22, upon criteria set out by the Municipal Councils of Social Assistance;

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VI-cofinancing the enhancement of management, the services, programs, and social assistance projects in local scope;

VII-carry out the monitoring and evaluation of the social assistance policy in its scope. " (NR)

" Art. 16. The deliberative instances of His, of permanent character and parity composition between government and civil society, are:

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Paragraph single. The Social Assistance Councils are bound by the welfare body, which is to provide the infrastructure necessary for its operation, ensuring material, human and financial resources, including with expenditure concerning passages and daily from advisors representatives of the government or civil society, when they are in the exercise of their assignments. " (NR)

" Art. 17. ...................................................................................

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§ 4º The Councils of which treat the incisos II, III and IV of the art. 16, with competence to monitor the implementation of the welfare policy, to appreciate and approve the budget proposal, in line with the guidelines of national, state, district and municipal conferences, according to its scope of acting, should be instituted, respectively, by the States, the Federal District and the Municipalities, by specific law. " (NR)

" Art. 20. The benefit of continued benefit is the guarantee of a monthly minimum wage to the person with a disability and to the elderly with 65 (sixty-five) years or more who are proven to have no means of providing for the maintenance itself nor of having it probed for their family.

§ 1º For the effects of the willing in the caput, the family is composed of the applicant, the spouse or companion, the parents and, in the absence of one of them, the stepmother or stepfather, the single siblings, the unmarried children and stepchildren and the smallest tutelados, as long as they live under the same roof.

§ 2º For effect of grant of this benefit, considers:

I-person with a disability: the one who has long-term impediments of a physical, intellectual or sensory nature, which, in interaction with multiple barriers, can obstruct their full participation and effective in society with the rest of people;

II-long-term impediments: those who incapacitate the person with disabilities for independent living and to work for the minimum term of 2 (two) years.

§ 3º It considers itself unable to provide maintenance of the person with a disability or elderly the family whose monthly income per capita is less than 1/4 (one quarter) of the wage-minimum.

§ 4º The benefit of which it treats this article may not be accumulated by the beneficiary with any other social security or other regime, save those from the medical assistance and special pension of indenizatory nature.

§ 5º The host condition in long-stay institutions is without prejudice to the right of the elderly or the person with disability to the benefit of continued benefit.

§ 6º The grant of the benefit will be subject to the assessment of disability and degree of disability, composed of medical assessment and social assessment performed by medical experts and by social workers of the National Institute of Social Insurance (INSS).

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" Art. 21. ...................................................................................

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§ 3º The development of cognitive, motor, or educational capacities and the realization of unpaid activities of habilitation and rehabilitation, among others, do not constitute grounds for suspension or cessation of the benefit of the person with disabilities.

§ 4º The cessation of the benefit of continued benefit granted to the person with a disability, including on the grounds of their admission to the labour market, does not preclude further granting of the benefit, provided that the requirements set out in regulation are met. " (NR)

" Art. 22. They are understood by possible benefits the supplementary and provisional provisions that organically integrate the guarantees of Their and are premised on citizens and families by virtue of birth, death, situations of temporary vulnerability and of public calamity.

§ 1º A grant and the value of the benefits of which it deals with this article will be defined by the States, Federal District and Municipalities and provided for in their respective annual budget laws, based on criteria and deadlines set by the respective Councils of Social Assistance.

§ 2º O CNAS, heard the respective representations of states and Municipalities of it participating, could propose, in the measure of the budgetary availabilities of the 3 (three) spheres of government, the institution of subsidiary benefits in the value of up to 25% (twenty- five percent) of the salarium-minimum for each child up to 6 (six) years old.

§ 3º The eventual subsidiary benefits will not be able to be cumulated with those instituted by the Laws # 10,954, of September 29, 2004, and # 10,458, of May 14, 2002. " (NR)

" Art. 23. They understand by socio-assistive services the continued activities aimed at improving the life of the population and whose actions, aimed at basic needs, observe the goals, principles and guidelines set forth in this Law.

§ 1º The regulation will institute the services socio-assistee.

§ 2º Na organization of social assistance services will be created programs of amparo, among others:

I-to children and adolescents in situation of personal and social risk, in fulfillment of the provisions of the art. 227 of the Federal Constitution and in Law No. 8,069, of July 13, 1990 (Child and Adolescent Status);

II-to people living in a street situation. " (NR)

" Art. 24. ...................................................................................

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§ 2º The programs geared towards the elderly and the integration of the disabled person will be properly articulated with the benefit of continued benefit set out in the art. 20 of this Law. " (NR)

" Art. 28. ...................................................................................

§ 1º It is up to the organ of the Public Administration responsible for the coordination of the Social Assistance Policy in the 3 (three) spheres of government to manage the Social Assistance Fund, under guidance and control of the respective Social Care Councils.

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§ 3º Financing of social assistance in Your must be effected by co-financing of the 3 (three) federates, owing to the resources allocated in the welfare funds be aimed at operationalization, delivery, enhancement and viabilization of the services, programs, projects and benefits of this policy. " (NR)

" Art. 36. The entities and welfare organisations which incur irregularities in the application of the resources passed to them by the public powers shall have their binding upon their cancelled, without prejudice to civil and criminal liability. " (NR)

Art. 2º The Law No. 8,742, of 1993, passes the increased vigour of the following articles:

" Art. 6º -A. Social assistance is organized by the following types of protection:

I-basic social protection: set of services, programs, projects, and benefits of social assistance that aims to prevent situations of vulnerability and social risk through the development of potentials and acquisitions and the strengthening of familial and community linkages;

II-special social protection: set of services, programs, and projects that aims to contribute to reconstruction of familial and community linkages, the defense of law, the strengthening of the potentials and acquisitions and the protection of families and individuals for the confronting situations of violation of rights.

Paragraph single. Socio-assistive surveillance is one of the instruments of the protections of social assistance that identifies and prevents the situations of risk and social vulnerability and their aggravations in the territory. "

" Art. 6º -B. The basic and special social protections will be offered by the socio-assistive network, in an integrated manner, directly by the public and / or by the entities and welfare organizations linked to Their, respected the specificities of each action.

§ 1º The linking to the His is the recognition by the Ministry of Social Development and Combat to the Famine that the welfare entity integrates the socio-assisted-living network.

§ 2º For the recognition referred to in § 1º , the entity should comply with the following requirements:

I-constitute in accordance with the provisions of the art. 3º ;

II-sign up to City Council or the Federal District, in the form of the art. 9º ;

III-integrate the system of enrollment of entities of which it treats the inciso XI of the art. 19.

§ 3º The entities and social assistance organizations linked to Their will celebrate them, contracts, agreements or adjustments with the public power for the execution, guaranteed full funding, by the state, of services, programs, projects and assistance actions social, in the limits of installed capacity, to the beneficiaries covered by this Law, observing budgetary availabilities.

§ 4º The fulfillment of the provisions of § 3º will be informed to the Ministry of Social Development and Combat to the Famine by the local governing body of social assistance. "

" Art. 6º -C. Social, basic and special protections will be offered preciously at the Social Care Reference Center (Cras) and the Specialized Social Assistance Reference Center (Creas), respectively, and by the non-profit entities of social assistance from which it treats art. 3º of this Law.

§ 1º O Cras is the municipal, territorial-based public unit located in areas with larger indices of vulnerability and social risk, aimed at the articulation of socio-assistive services in its territory of comprehensiveness and the provision of services, programs and socio-assistive social protection projects basic to families.

§ 2º The Creas is the public unit of comprehensive municipal, state or regional comprehensive care and management, intended for the provision of services to individuals and families who are in a personal risk situation or social, for violation of rights or contingency, which demand specialized interventions of the special social protection.

§ 3º The Cras and Creas are state-owned public units instituted in the framework of Their, which have interface with the too many public policies and articulate, coordinate and offer the services, programs, projects and benefits of social assistance. "

" Art. 6º -D. The premises of the Cras and the Creas must be compatible with the services in them, with spaces for group work and specific environments for reception and reserved care of the families and individuals, ensured accessibility to the elderly and with disabilities. "

" Art. 6º -E. The resources of the co-financing of Their, intended for the implementation of the continuing social assistance actions, could be applied in the payment of the professionals who integrate the reference teams, responsible for the organization and offer of those shares, as percent presented by the Ministry of Social Development and Combat to Hunger and approved by the CNAS.

Paragraph single. The formation of the reference teams should consider the number of families and individuals referenced, the types and modalities of care and the acquisitions that should be guaranteed to the users, as per CNAS deliberations. "

" Art. 12-A. The Union will financially support the enhancement to the decentralized management of the services, programs, projects and welfare benefits, through the Decentralized Management Index (IGD) of the Single Social Assistance System (Their), for the use within the framework of the states, Municipalities and the Federal District, intended, without prejudice to other actions to be defined in regulation, to:

I-measure the results of the decentralized management of Your, based on the actuation of the state, municipal and the District manager Federal in the implementation, execution and monitoring of the services, programs, projects and welfare benefits, as well as in the intersectional articulation;

II-encourage the achievement of qualitative results in the state, municipal and federal district management of Their; and

III-calculate the amount of resources to be passed on to the federated people in the title of financial support for their management.

§ 1º The results achieved by the federated person in the management of Their, awounded in the form of regulation, will be considered as providing accounts of the resources to be transferred in support of financial.

§ 2º As transfers for support to the decentralized management of Their will adopt the systematic Management Index of the Bolsa Família Program, provided for in art. 8º of Law No. 10,836, of January 9, 2004, and will take effect by means of procedure integrated into that index.

§ 3º (VETADO).

§ 4º For purposes of strengthening the Social Assistance Councils of the states, Municipalities and the Federal District, percentage of the transferred resources is to be spent with technical and operational support activities to those collegiated, in the form set by the Ministry of Social Development and Combat to Hunger, being vetted using the resources for payment of effective personnel and gratuities of any nature to the state public servant, municipal or the Federal District. "

" Art. 24-A. It is established the Service for Protection and Comprehensive Care to the Family (Paif), which integrates basic social protection and consists of the provision of shares and socio-assistive services of continued benefit, in the Cras, through social work with families in situations of social vulnerability, with the aim of preventing the break-up of family links and violence within their relations, ensuring the right to family and community coexistence.

Paragraph single. Regulation will define the guidelines and procedures of the Paif. "

" Art. 24-B. It is established the Service for Protection and Specialized Care for Families and Individuals (Paefi), which integrates special social protection and consists of the support, guidance and accompaniment to families and individuals in threat or breach of rights, articulating the socio-assistive services with the various public policies and with bodies of the rights guarantee system.

Paragraph single. Regulation will define the guidelines and procedures of the Paefi. "

" Art. 24-C. It is established the Programme for Eradication of Child Labour (Peti), of intersetorial character, an integral part of the National Social Assistance Policy, which, within the framework of its, comprises income transfers, social work with families and supply of socio-educational services for children and adolescents who find themselves in a working situation.

§ 1º The Peti has national comprehensiveness and will be developed in an articulated way by the federated ones, with participation of civil society, and aims to contribute to the withdrawal of children and adolescents under the age of 16 (sixteen) years in work situation, re-salvaged the condition of apprentice, starting from 14 (fourteen) years.

§ 2º The children and adolescents in work situation should be identified and have their data entered in the Single Cadastro for Social Programs of the Federal Government (CadSingle), with due identification of the child labour situations. "

" Art. 30-A. The co-financing of services, programs, projects and eventual benefits, in what couber, and the enhancement of the management of the welfare policy in Your are effected through automatic transfers between welfare funds and upon allocation of own resources in these funds in the 3 (three) spheres of government.

Paragraph single. Automatic transfers of resources between welfare funds effected to the account of the budget of social security, as per art. 204 of the Federal Constitution, they are characterised as public expenditure on social security, in the form of the art. 24 of the Supplementary Law No. 101, of May 4, 2000. "

" Art. 30-B. It will be up to the federated person responsible for the use of the resources of the respective Social Assistance Fund the control and monitoring of the services, programs, projects and benefits, by means of the respective control bodies, regardless of shares of the repasser organ of the resources. "

" Art. 30-C. The use of the decentralized federal resources for welfare funds of the states, Municipalities and the Federal District will be declared by the receiving end-payers to the transferor, annually by means of the submitted management report to the assessment of the respective Social Assistance Council, which proves the implementation of the shares in the form of regulation.

Paragraph single. The transferees will be able to request information regarding the application of the resources coming from their social assistance fund, for the purposes of analysis and monitoring of their good and regular use. "

Art. 3º Revogue-se the art. 38 of Law No. 8,742, of December 7, 1993.

Art. 4º- This Law comes into effect on the date of its publication.

Brasilia, July 6, 2011; 190º of Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Miriam Belchior

Tereza Campello