PROVISIONAL MEASURE NO. 2.087?32, OF May 17, 2001.

Disposes on the administration of National Treasury cash resources, consolidates and updates the legislation pertinent to the matter and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The financial resources of all sources of revenue of the Union and its public authorities and foundations, inclusive of funds by them administered, will be deposited and busied solely through the mechanisms of the National Treasury's single account, in the form regulated by the Executive Power.

Single paragraph. In cases where specific operational characteristics do not allow the financial movement by the National Treasury's single cash system, resources may exceptionally be able to at the discretion of the Minister of State for Finance, be deposited in the Bank of Brazil S.A. or in the Federal Economic Box.

Art. 2º As of 1º January 1999, the resources of the funds, the authorities and federal public foundations will not be able to be applied in the financial market.

§ 1º The Minister of State for Finance, in exceptional cases, will be able to authorize the entities referred to in the caput of this article to be made applications in the financial market, observed the provisions of the single paragraph of the art. 1º.

§ 2º To the entities referred to in art. 1º that have, on December 15, 1998, legislative authorization to carry out financial applications of their availabilities is assured of remuneration for their applications, which will not be able to exceed the incident on the single account.

§ 3º The resources that are found to be applied in the financial market on December 31, 1998 are to be transferred to the single National Treasury account on January 4, 1999 or, in the case of application requiring compliance with deadline for ransom or for obtaining income, on the date of the respective due or on the day immediately subsequent to that of the payment of the income.

§ 4º The public authorities and foundations, the funds by them administered, well, as the bodies of the direct Federal Public Administration, they will be able to maintain in the single account of the National Treasury, in fixed-term applications, financial availabilities arising from own revenue collection in the form regulated by the Ministry of Finance.

§ 5º To the fixed term applications of which it treats § 4º will be assured remuneration in the form of the provisions of § 2º of this article, by staying vetted bailouts before the deadline.

§ 6º The resources that, on the last day of each exercise remain applied in the form of § 4º of this article, can be deduced from the amount of which treats the inciso II of the art. 1º of Law No. 9,530 of December 10, 1997.

Art. 3º Stay the National Treasury authorized to anticipate resources from any revenue for the implementation of expenditure, up to the limit of the respective appropriations budget, upon use of cash availabilities.

§ 1º The provisions of this article shall not prejudice the delivery of the revenue linked to the respective beneficiaries.

§ 2º The proving of use of the linked revenues of the National Treasury, in the purposes for which they have been instituted, will be demonstrated upon annual report of the implementation of the budget expenditure.

§ 3 ° The provisions of this article shall not apply to the constitutional transfers to which the art relates. 159 of the Constitution.

Art. 4º The provisions of this Provisional Measure do not apply to resources:

I? of the Central Bank of Brazil;

II? of which it treats § 2º of the art. 192 of the Constitution.

Art. 5º In the operations carried out by the member institutions of the National Financial System, it is admissible to capitalize on interest with periodicity less than one year.

Single paragraph. Where necessary or when requested by the debtor, the ascertaining of the exact value of the obligation, or of its debtor balance, shall be made by the creditor by means of calculation spreadsheet that evidenced in a clear, accurate and easy-to-understand manner and understanding, the core value of the debt, its contractual charges and expenses, the repayment of interest and the criteria of its incidence, the parcel corresponding to fines and too much contractual penalties.

Art. 6º Ficam convalidated the acts practiced on the basis of the Provisional Measure No. 2.087?31 of April 19, 2001.

Art. 7º This Provisional Measure enters into force on the date of its publication and, ressalvated the provisions of the art. 5º, it produces effects from 1º January 1999.

Art. 8º It is revoked the single paragraph of the art. 6º of Law No. 8,212, of July 24, 1991.

Brasilia, May 17, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente