LEI No. 12,513, OF October 26, 2011

Institutes the National Program for Access to Technical Education and Employment (Pronatec); changes the Leis # 7,998, of January 11, 1990, which regulates the Insurance-Unemployment Programme, the Wage Allowance and institutes the Amparo Fund for Worker (FAT), No 8,212, of July 24, 1991, which has on the organisation of Social Security and establishes Custeio Plan, No. 10,260, of July 12, 2001, which provides about the Student Funding Fund for Higher Education, and no 11,129, of June 30, 2005, which institutes the National Youth Inclusion Programme (ProYoung); and gives other arrangements.

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 sanctiono the following Law:

Art. 1º It is hereby established the National Programme for Access to Technical Education and Employment (Pronatec), to be implemented by the Union, with the purpose of extending the provision of vocational and technological education, through programs, projects and assistance actions technical and financial.

Single paragraph. Are objectives of the Pronatec:

I-expand, interiorize, and democratize the offer of courses of professional education of mid-level presential level and distance and of courses and programmes of initial and continuing education or vocational qualification;

II-fostering and supporting the expansion of the physical network of care of vocational and technological education;

III-contribute to the improvement of the quality of public high school, by means of the articulation with education professional;

IV-broadening the educational opportunities of the workers, by means of the increment of training and professional qualification;

V-stimulate the spread of resources pedagogics to support the provision of vocational and technological education courses.

Art. 2º Pronatec will serve as a matter of priority:

I-high school students of the public network, inclusive of the education of young people and adults;

II-workers;

III-beneficiaries of the federal income transfer programs; and

IV-student who has curated full high school in school from the public network or in private institutions in the full scholarship condition, pursuant to the regulation.

§ 1º Among the workers to which refers to inciso II, include family farmers, foresters, aquicultors, extractivists and fishermen.

§ 2º Will be stimulated the participation of persons with disabilities in the vocational and technological education actions developed under Pronatec, observed the conditions of accessibility and full participation in the educational environment, such as suitability of equipment, teaching materials, curricula, and physical structure.

§ 3º The actions developed under Pronatec will contemplate the participation of indigenous peoples, quilombolas communities and adolescents and young people in compliance with measures socio-educational.

Art. 3º Pronatec will fulfill its purposes and objectives in a collaboration regime between the Union, the States, the Federal District and the Municipalities, with the voluntary participation of national learning services and professional education institutions and technological enabled in the terms of this Act.

Single paragraph. Social national services will be able to participate in Pronatec through actions to support vocational and technological education.

Art. 4º Pronatec will be developed by means of the following actions, without prejudice to others:

I- broadening of vacancies and expansion of the federal professional and technological education network;

II- fostering the broadening of vacancies and the expansion of the state networks of vocational education;

III -encouragement of the broadening of vacancies and the expansion of the physical service network of national learning services;

IV-offer of bolsa-forming, in the modalities:

a) Bolsa-Training Student; and

b) Bolsa-Training Worker;

V-funding of vocational and technological education;

VI-fostering the expansion of the supply-level technical vocational education offering in the distance education modality;

VII-technical support returned to the execution of the actions developed under the Program;

VIII-stimulus to the expansion of vacancy supply for people with disabilities, including with the articulation of the Federal Public Institutes, State and Municipal Education; and

IX-articulation with the National Employment System.

§ 1º The Bolsa-Student Training will be intended for the student regularly enrolled in the propedeutic public high school, for medium-level technical vocational training courses, in the concomitant modality.

§ 2º The Bolsa-Worker Training will be aimed at the worker and beneficiaries of the federal income transfer programmes, for initial and continuing education courses or professional qualification.

§ 3º The Executive Power will define the requirements and criteria of prioritization for grant of the bolsings-training, considering capacity of supply, identification of demand, level of schooling, age range, existence of disability, among others, observed the objectives of the program.

§ 4º The funding provided for in the inciso V could be hired by the student, in individual character, or by company, for the costing of the training of workers pursuant to Law No. 10,260 of July 12, 2001 on the institutions empowered in the form of the art. 10 of this Law.

Art. 5º For the purposes of this Law, professional and technological education modalities are considered the courses:

I-of initial and continuing education or professional qualification; and

II-of medium-level technical education.

§ 1º The courses referred to in the inciso I will be related by the Ministry of Education, owing to the minimum hourly charge of 160 (one hundred and sixty) hours.

§ 2º The courses referred to in the inciso II submit to the national curriculum guidelines set by the National Board of Education, as well as the remaining conditions set out in the applicable legislation, and shall appear in the National Catalogue of Technical Courses, organized by the Ministry of Education.

Art. 6º To meet the objectives of the Pronatec, the Union is authorized to transfer financial resources to the vocational and technological education institutions of state and municipal public networks or national learning services corresponding to the values of the bolsings-formation of which it treats the inciso IV of the art. 4º of this Act.

§ 1º The transfers of resources from which it treats the caput waive the realization of convenium, agreement, contract, adjustment or congenial instrument, observed mandatory accountability of the application of the resources.

§ 2º Of the total financial resources of which it treats the caput of this article, a minimum of 30% (thirty percent) is to be earmarked for the North and Northeast Regions with the purpose of broadening the offer of vocational and technological education.

§ 3º The amount of the resources to be passed will correspond to the number of students served in each institution, computed exclusively the enrolment informed in electronic system of vocational education information held by the Ministry of Education.

§ 4º For the effects of this Law, bolsa-forming refers to the total cost of the course per student, included the tuition and too many educational charges, as well as the eventual cost of transportation and feeding to the beneficiary, vehementing direct collection to students of tuition fees, costing of teaching material or any other value by the provision of the service.

§ 5th The Executive Power will have on the value of each bolsaformation, considering, among others, the technological axes, the modality of the course, the hourly load and the complexity of the infrastructure required for the offer of the courses.

§ 6º The Executive Power will have on standards relating to student service, transfers and accountability of the resources passed under Pronatec.

§ 7º Any person, physical or legal, will be able to report to the Ministry of Education, to the Court of Union accounts and the internal control bodies of the Executive Power irregularities identified in the application of the resources intended for the execution of the Pronatec.

Art. 7º The Ministry of Education, directly or through its linked entities, will make resources available to the professional and technological education institutions of the federal public network to allow for the service students enrolled in each institution within the framework of the Pronatec.

Single paragraph. It applies to the caput the provisions of the § § 1º to 7º of the art. 6º, in what couber.

Art. 8º Pronatec may still be executed with the participation of private non-profit entities, duly qualified, upon the conclusion of convenium or contract, observed mandatory reporting of the application of the resources pursuant to the current legislation.

Single paragraph. The Executive Power will define minimum quality criteria so that private entities to which the caput refers can receive financial resources from Pronatec.

Art. 9º Are the vocational and technological education institutions of public networks authorized to grant scholarships to the professionals involved in the activities of Pronatec.

§ 1º The servers of the public networks of vocational, scientific and technological education will be able to perceive scholarships by the participation in the activities of Pronatec, provided that there is no injury to its regular hourly load and the fulfillment of the goal plan of each paced institution with its maintainer, if it is the case.

§ 2º The values and criteria for grant and maintenance of the scholarships will be fixed by the Executive Power.

§ 3º The activities exerted by professionals in the framework of Pronatec do not characterize link employability and the values received for scholarship do not incorporate, for any effect, to maturity, salary, remuneration, or proof received.

§ 4º The Ministry of Education will be able to grant exchange scholarships to professionals bound for companies from sectors deemed strategic by the Brazilian government, which collaborate in research developed within the framework of public institutions of vocational and technological education, in the form of the regulation.

Art. 10. Private educational units, including those of national apprenticeship services, bidders for initial and continuing education courses or professional qualification and high level technical vocational education courses that you wish to join to the Student Funding Scheme for Higher Education (Fies), of which it treats Law No. 10,260 of July 12, 2001, should enroll in electronic system of information of vocational and technological education maintained by the Ministry of Education and soliciting your habilitation.

Single paragraph. The habilitation of the teaching unit will give itself in accordance with criteria set by the Ministry of Education and does not waive the necessary regulation by the competent bodies of the respective educational systems.

Art. 11. The Funding Fund for which it treats Law No. 10,260 of July 12, 2001, goes on to denominate Student Financing Fund (Fies).

Art. 12. The arts. 1º and 6º of the Law No. 10,260 of July 12, 2001, they go on to invigorate with the following essay:

" Art. 1º It is hereby established, pursuant to this Act, the Student Finance Fund (Fies), of an accounting nature, intended for the granting of funding to students regularly enrolled in non-free and with positive assessment in the processes conducted by the Ministry of Education, according to own regulation.

§ 1º The funding of which treats the caput will be able to benefit students enrolled in vocational education courses and technology, as well as in master's and doctoral programs with positive assessment, provided that there is availability of resources.

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§ 7º The evaluation of the teaching units of vocational and technological education for the purposes of joining the Fies will give itself in accordance with quality criteria and requirements set by the Ministry of Education. " (NR)

" Art. 6º .....................................................................................

§ 1º Received the enforcement action and before receiving the embargoes, the judge will assign preliminary conciliation hearing, the take place within 15 (fifteen) days, for which they will be the parties subpoenaed to attend, and may make themselves represented by proxy or prepost, with powers to transigir.

§ 2º Obtained to conciliation, will be reduced to term and homologated by sentence.

§ 3º Not effected conciliation, will have to continue the process of execution. " (NR)

Art. 13. The Law No. 10,260 of July 12, 2001, passes the increased invigoration of the following arts. 5º-B, 6º-C, 6º-D and 6º-E:

" Art. 5º-B. The financing of vocational and technological education may be contracted by the student, in individual character, or by company, to the costing of the vocational and technological training of workers.

§ 1º In the modality named Fies-Company, the company will figure as a borrower of the financing, holding fully responsible for payments before the Fies, inclusive of the interest incidents, up to the limit of the contracted value.

§ 2º In The Fies-Company, they may be paid with resources from the Fies exclusively courses of initial and continuing education and technical vocational education of mid-level.

§ 3º The borrower company of the financing could be guaranteed by operations guarantee fund, in the terms of the inciso I do caput of the art. 7º of Law No. 12,087, of November 11, 2009.

§ 4º Regulation will have on the requirements, conditions and too much standards for contracting the financing of which it treats this article. "

" Art. 6º-C. On the deadline for embargoes, recognizing the credit of the exequent and proving the deposit of 10% (ten percent) of the running value, inclusive of costs and attorney fees, may the executed require that you be admitted to pay the rest by up to 12 (twelve) monthly installments.

§ 1º The value of each monthly installment, on the occasion of the payment, will be increased in interest equivalent to the benchmark rate of the Special Settlement and Custody System (Selic) for federal securities accumulated monthly, calculated from the month subsequent to the of the consolidation up to the month before that of the payment, and of 1% (one percent) relatively to the month in which the payment is being effected.

§ 2º Being the proposal dewound by the judge, the exequent will raise the amount deposited and the executive acts will be suspended; undue case, the executive acts, kept the deposit.

§ 3º The inadimplement of any of the benefits will imply, in full right, the maturity of the subsequent and the continuation of the process, with the immediate commencement of the executive acts, imposed on the executed fine of 10% (ten percent) on the value of unpaid benefits and vetoed the opposition of embargoes. "

" Art. 6º-D. In the cases of death or permanent disability of the student borrower of the funding, duly proven, in the form of the relevant legislation, the debtor balance will be absorbed jointly by the Fies and the educational institution. "

" Art. 6º-E. The percent of the debtor balance that they treat the caput of the art. 6º and the art. 6º-D, to be absorbed by the educational institution, will be equivalent to the percentage of the risk of funding taken in the form of the inciso VI of the art's caput . 5º, by cabling to the Fies the absorption of the remaining value. "

Art. 14. The arts. 3º, 8º and 10 of Law No. 7,998, of January 11, 1990, go on to invigorate with following essay:

" Art. 3º .....................................................................................

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§ 1º The Union will be able to condition the receipt of the financial assistance of the Insurance Program-Unemployment to the proof of the tuition and frequency of the insured worker in the course of initial and continuing education or professional qualification, with minimum hourly load of 160 (one hundred and sixty) hours.

§ 2º The Executive Power will regulate the criteria and requirements for granting the financial assistance of the Insurance Programme-Unemployment in the cases provided for in § 1º, considering the availability of scholarship-training under Pronatec or free vacancies in the network of vocational and technological education for the fulfilment of conditionality by the respective beneficiaries.

§ 3º The offer of scholarship for training of the workers that it treats this article will consider, among other criteria, the ability to offer, the recidivism at the receiving end of the benefit, the level of schooling and the age group of the worker. " (NR)

" Art. 8º The benefit of the insurance-unemployment will be cancelled:

I-by the refusal on the part of the unemployed worker of another employment condizing with his or her registered or stated qualification and with his prior remuneration;

II-by proof of falsity in the provision of the information necessary for the habilitation;

III-by proof of fraud targeting the undue perception of the benefit of the insurance-vacancy; or

IV-by death of the insured.

§ 1º In the cases provided for in the incisions I to III of this article, it will be suspended for a period of 2 (two) years, reaped the deadline of deficiency, the right of the worker to the perception of the insurance-unemployment, doubling this period in the event of recidivism.

§ 2º The benefit could be cancelled in the assumption that the beneficiary cetes to comply with the conditionality of which it treats § 1º of the art. 3º of this Act, in the form of the regulation. " (NR)

" Art. 10. The Amparo Fund for Worker (FAT) is hereby established, linked to the Ministry of Labour and Employment, intended for the costing of the Insurance-Unemployment Programme, the payment of the salary allowance and the financing of vocational education programmes and technological and economic development. .............................................................................................. " (NR)

Art. 15. The art. 28 of Law No. 8,212 of July 24, 1991, it passes the invigoration with the following changes:

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

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§ 9º ...........................................................................................

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t) the value pertaining to educational plan, or scholarship, which vises to basic education of employees and their dependents and, provided that it is linked to the activities developed by the company, to the professional and technological education of employees, pursuant to Law No. 9,394 of December 20, 1996, and:

1. is not used in wage repayment replacement; and

2. the monthly value of the educational plan or scholarship, considered individually, does not exceed 5% (five per cent) of the insured's remuneration to which it is intended or the corresponding value at one and a half times the value of the monthly minimum limit of the salary-of-contribution, whatever is greater;

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

Art. 16. The arts. 15 and 16 of the Law No. 11,129 of June 30, 2005, they go on to invigorate with the following essay:

" Art. 15. It is instituted the Programme of Grants for Education by Work, intended for higher education students, as a matter of priority under the age of 29 (twenty nine) years, and health workers, aiming for the living, the stage of the area of health, high level technical vocational education, improvement and specialization in professional area, such as strategies for the provement and fixation of professionals in programs, projects, actions and activities and in priority regions for the Single Health System.

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" Art. 16. ...................................................................................

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V-Orientator of Service; and

VI-Worker-Student.

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§ 4º The purses regarding the modality referred to in the inciso VI will have their values set by the Ministry of Health, respected the minimum required levels of schooling. " (NR)

Art. 17. The Professional Training for Vocational Training and Qualification Council is set up, with the assignment of promoting the articulation and evaluation of programmes aimed at training and vocational qualification within the federal public administration, whose composition, competencies and functioning will be established in an act of the Executive Power.

Art. 18. It is incumbent upon the Ministry of Education to enable institutions for the development of vocational training and qualification activities to be carried out with federal resources, pursuant to the regulation.

Art. 19. Expenditure on the execution of the Pronatec shares will run to the budgetary allocation account consigned annually to the respective bodies and entities, observed the limits of movement, commitment and payment of the budget and financial programming annual.

Art. 20. National learning services go on to integrate the federal education system, with autonomy for the creation and provision of vocational and technological education courses and programs, upon authorization from the respective collegiate body of the respective regional department of the entity, resguarded the supervision and evaluation competence of the Union provided for in the inciso IX of the art. 9º of Law No. 9,394 of December 20, 1996.

Art. 21. This Law comes into effect on the date of its publication.

Brasilia, October 26, 2011; 190º of Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Fernando Haddad

Carlos Lupi

Miriam Belchior

Tereza Campello