DECREE NO. 5,209 OF September 17, 2004

Regulates the Law No. 10,836 of January 9, 2004, which creates the Bolsa Familia Program, and gives others providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisos IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of Law No. 10,836 of January 9, 2004,

DECRETA:

Art. 1º The Bolsa Família Program, created by the Law No 10,836, of January 9, 2004, shall be governed by this Decree and the supplementary provisions which come to be established by the Ministry of Social Development and Combat to the Famine.

Art. 2º It is up to the Ministry of Social Development and Combating Hunger, in addition to other assignments conferred on it, the coordination, management and operationalization of the Bolsa Família Program, which comprises the practice of the acts required for the grant and the payment of benefits, the management of the Single Cadastral of the Federal Government, the supervision of compliance with the conditionalities and the offer of the supplementary programmes, in articulation with the sectoral and other federated Ministries, and the follow up and the audit of its execution.

CHAPTER I

OF THE PRELIMINARY PROVISIONS

Section I

Of The Purview of the Bolsa Familia Program

Art. 3º The Program Scholarship Family has for purpose the unification of the procedures for the management and execution of the income transfer actions of the Federal Government and the Single Cadastration of the Federal Government, established by Decree No. 3,877 of July 24, 2001.

§ 1º The income transfer programs whose management and implementation procedures have been unified by the Bolsa Família Program, henceforth entitled Remaining Programs pursuant to Law No. 10,836 of January 9 of 2004, are:

I-National Minimum Income Program linked to education? "Bolsa School", established by Law No. 10,219, of April 11, 2001;

II-National Food Access Program? PNAA? "Food Card", created by Law No. 10,689, of June 13, 2003;

III-National Minimum Income Program linked to health? "Food Exchange", established by Provisional Measure No. 2.206-1, of September 6, 2001; and

IV-Aid-Gas Program, established by Decree No. 4,102 of January 24, 2002.

§ 2º Applying to the Remaining Programmes the assignments referred to in the art. 2º of this Decree, cabling to the Ministry of Social Development and Combating Hunger to discipline the procedures necessary for the unified management of these programs.

Art. 4º The basic objectives of the Exchange Program Family, in relation to its beneficiaries, without prejudice to others that come to be fixed by the Ministry of Social Development and Combat to the Famine, are:

I-promote access to the public service network, in particular, of health, education and social care;

II-fighting hunger and promoting food and nutritional security;

III-stimulate sustained emancipation of families living in situation of poverty and extreme poverty;

IV-fighting poverty; and

V-promoting the intersetoriality, complementarity and synergy of social actions of the Public Power.

Section II

From the Gestor Board of the Bolsa Família Program

Art. 5º The Gestor Council of the Bolsa Familia Program-CGPBF, organ collegiate of deliberative character, linked to the Ministry of Social Development and Combat to the Famine, predicted by art. 4º of Law No. 10,836, of 2004, and in Law No. 10,869 of May 13, 2004, is for the purpose of formulating and integrating public policies, defining guidelines, standards and procedures on the development and implementation of the Bolsa Família Program, as well as support initiatives for institution of social public policies aiming to promote the emancipation of families benefited by the Program in the federal, state, Federal and Municipal District spheres.

Art. 6º The CGPBF will be composed of the holders of the following bodies and entity:

I-Ministry of Social Development and Combat to the Famine, who will chair it;

II-Ministry of Education;

III-Ministry of Health;

IV-Ministry of Planning, Budget and Management;

V-Ministry of Finance;

VI-Civil House of the Presidency of the Republic; and

VII-Federal Economic Box.

Single paragraph. The Minister of State for Social Development and Combating Hunger may invite to attend the meetings representatives of bodies of the federal, state, Federal and Municipal District administrations, of private entities, including organizations nongovernmental, in accordance with the agenda of the meeting.

Art. 7º It is established the Executive Committee of the CGPBF, integrated by representative of the Ministry of Social Development and Combat to the Famine, who will coordinate it, and by representatives of the remaining bodies and entity referred to in art. 6º, with the purpose of implementing and following up the decisions of the CGPBF.

Single paragraph. The representatives referred to in the caput and their respective alternates shall be nominated by the holders of the respective bodies and entity represented and designated by the Minister of State for Social Development and Combat to the Famine.

Art. 8º The CGPBF will be able to institute working groups, in temporary character, to analyze subjects under their appreciation and to propose specific measures necessary for the implementation of their decisions.

Art. 9º To the Ministry of Social Development and Combating Hunger will be able to provide technical-administrative support and the means necessary for the execution of the work of the CGPBF and its working groups.

Art.10. Participation in the CGPBF will be considered relevant and unpaid service provision.

Single paragraph. You will not be remunerated for participation in the Executive Committee and in the working groups referred to in the art. 7º and 8º, respectively.

Section III

Of The Competencies and Responsibility of States, Federal District and Municipalities
in Execution of the Bolsa Família Program

Art.11. The execution and management of the Bolsa Família Program will give itself in a decentralized manner, through the pooling of efforts among the federated people, observed intersetorality, community participation and social control.

§ 1º The federated people will be able to join the Bolsa Familia Program through specific term, observed the criteria and conditions set by the Ministry of Social Development and Combat to the Famine.

§ 2º The adhesions and arrangements signed between the federated and the Union in the framework of the remaining programmes, which are found to be in force on the date of publication of this Decree, will have validity until December 31 of 2005.

Art. 12. Without prejudice to the provisions of § 1º of the art. 11, and with a view to ensuring the effective pooling of efforts among the federated people, may be concluded terms of cooperation between the Union, States, Federal District and Municipalities, observed, in what couber, the specific legislation pervated each one of the programs of which treats art. 3º.

§ 1º The terms of cooperation should contemplate the realization, by the states, of the Federal District and of the Municipalities, of public oriented programs and social policies of the Exchange Program Family contributing to the promotion of sustained emancipation of beneficiary families, for ensuring access to public services that ensure the exercise of citizenship, contemplating the possibility of financial resources to be provided for extending coverage or increasing the value of the benefits of the Bolsa Família Program.

§ 2º On the occasion of the celebration of the term of which it treats the caput, the federated people will be able to indicate financial institution for carry out the payment of the benefits in its territoriality, provided that it does not represent financial burden to the Union, upon analysis of economic-financial viability and specific contract, to be firmed up between the nominated institution and the Agent Operator of the Bolsa Família Program.

§ 3º The contract clinched on the basis of § 2º is expected to receive the formal and express annuence of the Ministry of Social Development and Combat to the Famine, and thus the annuence of the federated the one that relates.

Art. 13. It is up to the states:

I-constitute coordination made up of representatives of their areas of health, education, social assistance and food security, when existing, responsible for the actions of the Exchange Program Family, in the state scope;

II-promote actions that will make intersectoral management, in the state sphere;

III-promote awareness actions and articulation with managers Municipal;

IV-making available technical-institutional support to Municipalities;

V-making available services and institutional structures, from the area of social assistance, education and health, in the state sphere;

VI-supporting and stimulating the enrollment by the Municipalities;

VII-stimulating Municipalities for the establishment of partnerships with municipal bodies and institutions, state and federal, governmental and nongovernmental, for the provision of the complementary social programs; and

VIII-promote, in articulation with the Union and the Municipalities, the monitoring of compliance with the conditionalities.

Art. 14. It is up to the Municipalities:

I-constitute coordination made up of representatives of their areas of health, education, social assistance and food security, when existing, responsible for the actions of the Exchange Program Family, in the municipal scope;

II-proceed to the enrollment of the poor families of the Municipality in the Single Cadastrment of the Federal Government;

III-promote actions that will be able to manage the management intersetorial, in the municipal sphere;

IV-make available services and institutional structures, from the area of social assistance, education and health, in the municipal sphere;

V-guarantee technical-institutional support for the local management of the program;

VI-constitute body of social control in the terms of art. 29;

VII-establish partnerships with municipal, state and federal, governmental and nongovernmental bodies and institutions for the provision of complementary social programs; and

VIII- promote, in articulation with the Union and the States, the monitoring of compliance with the conditionalities.

Art. 15. It is up to the Federal District:

I-constitute coordination made up of representatives of their areas of health, education, social assistance and food security, when existing, responsible for the actions of the Program Scholarship Family, within the framework of the Federal District;

II-proceed to the enrollment of the poor families in the Single Cadastral of the Federal Government;

III-promote actions that will be able to manage the management intersectoral;

IV-making available services and institutional structures, from the area of social assistance, education and health;

V-ensuring technical-institutional support for local management of the program;

VI-constitute body of social control in the terms of art. 29;

VII-establish partnerships with organs and institutions of the Federal and federal District, governmental and nongovernmental, for the provision of complementary social programs; and

VIII- promote, in articulation with the Union, the monitoring of compliance with the conditionalities.

Section IV

Of The Operator Agent

Art. 16. It is up to the Federal Economic Box the function of Agent Operator of the Bolsa Familia Program, upon remuneration and conditions paced with the Ministry of Social Development and Combat to the Famine, obeyed the legal requirements.

§ 1º Without prejudice to other activities, the Federal Economic Box may, as long as it paced in specific contract, carry out, among others, the following services:

I-provision of the necessary infrastructure to the organization and maintenance of the Single Cadastral of the Federal Government;

II-development of the data processing systems;

III-organization and operation of the payment logistics of the benefits;

IV-elaboration of reports and provision of databases necessary to the monitoring, control, evaluation and surveillance of the execution of the Bolsa Família Program by the organs of the Federal government designated for such purpose.

§ 2º The expenditure arising from the procedures necessary for the fulfilment of the tasks of which it treats § 1º, shall be borne in the account of the budgetary allocations consigned to the Bolsa Família Program.

§ 3º The Federal Economic Box, on the basis of § 2º of the art. 12 and with the annuence of the Ministry of Social Development and Combating Hunger, you will be able to subcontract financial institution for the realization of the payment of the benefits.

CHAPTER II

OF THE STANDARDS OF ORGANIZATION AND FUNCTIONING OF THE

FAMILY SCHOLARSHIP PROGRAM

Section I

Of The Selection of Beneficiary Families

Art. 17. The families ' ticket in the Bolsa Familia Program will occur through the Federal Government's Single Cadastration, as per procedures set out in specific regulation.

Art. 18. The Bolsa Família Program will meet families in poverty and extreme poverty, characterized by the monthly household income per capita of up to R$ 100.00 and R$ 50.00, respectively.

§ 1º The eligible families to the Bolsa Família Program, identified in the Single Cadastrment of the Federal Government, will be able to be selected from a set of social indicators capable of setting up with greater acuity the situations of social and economic vulnerability, that compulsorily should be disclosed by the Ministry of Social Development and Combat to the Famine.

§ 2º The set of indicators of which it treats § 1º will be defined on the basis of the data relating to the members of the Families, from the constant information in the Single Cadastration of the Federal Government, as well as in socio-economic studies.

§ 3º The families benefited by the Remaining Programs will be incorporated, gradually, to the Bolsa Família Program, as long as they meet the eligibility criteria of the Bolsa Família Program, observed the budgetary and financial availability.

§ 4º The families benefited by the Programs Remaining, as long as they are not transferred to the Bolsa Família Program pursuant to § 3º, will remain receiving the benefits in the value set out in the legislation of those Programs, provided that they maintain the eligibility conditions that ensure right to the perception of the benefit.

Section II

Of The Benefits Granted

Art. 19. Constitute financial benefits of the Bolsa Familia Program:

I-basic benefit: it is intended for family units who find themselves in extreme poverty;

II-benefit variable: intended for family units who find themselves in a situation of poverty or extreme poverty and who have in their composition:

a) gestures;

b) numatrices;

c) children between zero and twelve years; or

d) adolescents up to fifteen years; and

III-variable benefit of extraordinary character: constitutes part of the value of the benefits of families remnants of the Programs Scholarship, Food Exchange, Food and Aid Card that, on the date of its incorporation to the Bolsa Família Program, exceeds the ceiling set for the Bolsa Familia Program.

§ 1º For purposes of the Bolsa Família Program, the National Registry of Citizenship Income of the Ministry of Social Development and Combating Hunger will regulate the granting of variable benefits to the management and the nuisance, aiming to discipline the rules necessary to the continued operationalization of this variable benefit.

§ 2º The variable benefit of extraordinary character of which treats inciso III will have its amount leased to the entire value immediately top, whenever necessary.

Art. 20. The financial benefits of the Bolsa Familia Program will be able to be complemented by the states, Federal District and Municipalities, observed the constant in the art. 12.

Art. 21. The granting of the benefits of the Bolsa Familia Program has temporary character and does not generate any acquired right.

Section III

From the Payment and Maintenance of Benefits

Art. 22. Selected the family and granted the benefit will be provided, for payment effect:

I-by the Ministry of Social Development and Combating Hunger, through the National Registry of Citizenship Income, the notification of the grant to the Federal Economic Box;

II-by the Federal Economic Box:

a) the issuance, if due, of payment card in the name of the benefit holder;

b) the notification of the granting of the benefit to its holder;

c) the delivery of the card to the benefit holder; and

d) the disclosure, for each federated person, of the calendar of respective payments.

Art. 23. The holder of the receiving card of the benefit will be preferentially the woman or, in her absence or hindrance, another responsible for the family unit.

§ 1º The payment card is of personal use and intransferable and its presentation will be mandatory in all acts concerning the Bolsa Família Program.

§ 2º In the hindrance hypothesis of the holder, it will be accepted by the Federal Economic Box Statement of the Prefecture or of the Government of the Federal District which comes to confer upon the holder, upon due identification, specific powers for the practice of receiving the benefit.

§ 3º Mediating contract with the Ministry of Social Development and Combating Hunger and the Federal Economic Box, the benefits could be paid by means of special deposit accounts in sight, observed applicable legislation.

Art. 24. The values made available to the holder of the benefit, undrawn or not received for ninety days, shall be restituted to the Bolsa Familia Program, as disposed of in contract with the Operator Agent.

Single paragraph. It is suspended for the granting of the benefit should the restitution of which it treats the caput occur for three consecutive times.

Art. 25. The families serviced by the Bolsa Família Program will remain with the benefits released monthly for payment, save in the occurrence of the following situations:

I-proof of child labor in the family, nos terms of the applicable law;

II-conditionality disfulfillment that carries with it suspension or cancellation of the benefits granted, defined in the form of § 4º of the art. 28;

III-proof of fraud or deliberate provision of incorrect information when the enrollment;

IV-shutdown by voluntary act of the beneficiary or by determination judicial;

V-cadastral alteration in the family, the modification of which implies ineligibility to the Program; or

VI-application of existing rules in the legislation concerning the Programs Remnants, respected the procedures necessary for unified management, observed the provisions of § 2º of the art. 3º.

Single paragraph. Proven the existence of child labour, the case in question should be referred to the relevant bodies.

Art. 26. The required acts to the monthly processing of the benefits and payment installments will be edited under rules established in act of the Ministry of Social Development and Combating Hunger, by means of the National Registry of Income Citizenship.

CHAPTER III

OF THE ACCOMPANYING STANDARDS, SOCIAL CONTROL AND SURVEILLANCE

OF THE FAMILY SCHOLARSHIP PROGRAM

Section I

From the Follow-Up of the Condictionalities

Art. 27. It is considered as conditionals of the Bolsa Família Program the effective participation of families in the educational process and in health programs that promote the improvement of living conditions from the perspective of social inclusion.

Single paragraph. It will be up to the various levels of government to guarantee the right of full access to educational and health services, which will be able to fulfil the compliance with the conditionalities on the part of the recipient families of the Programme.

Art. 28. They are responsible for monitoring and monitoring compliance with the conditionalities linked to the Bolsa Familia Program, provided for in the art. 3º of Law No. 10,836, 2004:

I-the Ministry of Health, with regard to the monitoring of growth and child development, antenatal care and puerptery, vaccination, as well as surveillance food and nutritional of children under the age of seven; and

II-the Ministry of Education, with regard to the minimum frequency of eighty-five per cent of the monthly school hourly load, in establishments of regular education, from children and adolescents from six to fifteen years.

§ 1º Compete to the Ministry of Social Development and Combat to Hunger the support, intersectoral articulation and supervision of government actions for the fulfillment of the conditionalities of the Bolsa Família Program, as well as the provision of the updated base of the Federal Government's Single Cadastration to the Ministries of Education and Health.

§ 2º The guidelines and standards for the monitoring of the conditionalities of the Bolsa Família and Remaining Programmes will be disciplined in joint administrative acts of the Ministry of Social Development and Combat to the Hunger and the Ministry of Health, pursuant to the inciso I, and the Ministry of Social Development and Combating Hunger and the Ministry of Education, under the terms of the inciso II.

§ 3º The States, Federal District and Municipalities that meet technical and operational conditions for the management of the monitoring of the conditionalities of the Bolsa Família Program will be able to exercise this allocation in the disciplined manner by the Ministry of Social Development and Combat to the Hunger and the Ministry of Health, in the terms of the inciso I, and the Ministry of Education, pursuant to the inciso II.

§ 4º The suspension or cancellation of the benefits granted resulting from the monitoring of the conditionalities will be normatized in administrative act of the Ministry of the Social Development and Combat to Famine.

§ 5º Will not be penalized with the suspension or cancellation of the benefit the families who do not comply with the intended conditionalities, when there is no offer of the respective service or by force majeforce or fortuitous case.

Section II

From Social Control

Art. 29. The control and social participation of the Bolsa Família Program should be carried out, in local scope, by a council formally constituted by the Municipality or the Federal District, respected parity between government and society.

§ 1º The advice that it treats the caput should be composed of members of the areas of social assistance, health, education, food safety and the child and adolescent, when existing, without prejudice to others areas that the Municipality or the Federal District deem convenient.

§ 2º By decision of the municipal Public Power or the Federal District, the social control of the Bolsa Family Program could be carried out by council or previously existing instance, guaranteed parity provided for in the caput and the intersetoriality provided for in § 1º.

§ 3º Municipalities will be able to associate themselves to exercise the social control of the Bolsa Família Program, provided that it formally establishes itself, by means of an intercity cooperation term, the distribution of all the necessary competences and assignments to the perfect follow-up of the Bolsa Family and Remaining Programs placed under its jurisdiction.

Art. 30. The social control of the Bolsa Família Program at the state level could be exercised by council, instituted formally, in the molds of the art. 29.

Art. 31. It is up to the social control boards of the Bolsa Família Program:

I-follow up, evaluate and subsidize the surveillance of the execution of the Bolsa Família Program, in the municipal or jurisdictional scope;

II-follow up and stimulate the integration and provision of other social public policies for the beneficiary families of the Bolsa Família Program;

III-follow up on offer by local governments of the necessary services for the realization of the conditionalities;

IV-stimulate the community-controlled participation of the implementation of the Bolsa Família Program, in the municipal or jurisdictional scope;

V-elaborate, approve and modify your internal regiment; and

VI-exercise other assignments set out in supplementary norms of the Ministry of Social Development and Combat to the Famine.

Art. 32. For full exercise, within the framework of the respective Municipality or, when it is the case, of the State or Federal District, of the powers provided for in the art. 31, to the social control board will be franchised access to the forms of the Federal Government's Single Cadastration and the data and constant information in computerized system developed for management, control and follow-up of the Exchange Program Family and Remaining Programmes, as well as the information related to the conditionalities, in addition to others that come to be defined by the Ministry of Social Development and Combat to the Famine.

§ 1º The relationship of beneficiaries of the Bolsa Família Program is to be widely publicized by the municipal public power and the Federal District.

§ 2º The improper use of the data made available will entail the application of civil and criminal sanction in the form of the law.

Section III

From Surveillance

Art. 33. The ascertaining of the complaints related to the implementation of the Scholarship Programs and Remnants will be carried out by the Ministry of Social Development and Combating Hunger, through the National Registry of Citizenship Income.

§ 1º The documents containing the records carried out in the Single Cadastral of the Federal Government are to be kept by the Municipalities and Federal District for the minimum term of five years, counted from the end date of the financial year in which occur the inclusion or updating of the data relating to the enrolled households.

§ 2º The National Citizenship Registry Office may convene beneficiaries, as well as public servants responsible for the execution of the Scholarship Program and the Remaining Programs, which will be required to attend and submit the required documentation, under penalty of their exclusion from the program or accountability, pursuant to the law.

Art. 34. Without prejudice to criminal penalty, the beneficiary who dolly uses the benefit will be required to perform the ressaration of the importance received, within the maximum of sixty days, counted from the date of notification to the debtor, increased by interest equivalent to the referential rate of the Settlement and Custody System-SELIC, and one percent a month, calculated from the date of receipt.

Art. 35. Ascertained the occurrence of irregularity in the local execution of the Bolsa Família Program, as set out in the art. 14 of Law No. 10,836, of 2004, which will cause payment of undue values to beneficiaries of the Bolsa Familia Program, will be to the National Registry of Citizenship Income, without prejudice to other administrative, civil and criminal sanctions:

I-determine the suspension of payments resulting from the irregular act ascertained;

II-recommending the adoption of sanceating arrangements of the Bolsa Family Program to the respective Municipality or District Federal, to provide you with the provisions of the art. 34;

III-propose to the Municipal Executive Power or the Federal District the application of fine to the public or private agent of entity or contractor who agrees for the unlawful conduct, the minimum value of which shall be equivalent to four times the illegally paid amount, updated annually up to the date of your payment, by the accumulated variation of the Ample Consumer Price Index? IPCA of the Brazilian Institute of Geography and Statistics? IBGE; and

IV-propose to the competent authority the taking of special accounts, with the aim of submitting to the preliminary examination of the Internal Control System and to the judgment of the Court of Auditors of the Union cases and situations identified in the supervisory work that set out the practice of illegal, illegitimate or anti-economic act that result in damage to the Erary, in the form of the art. 8º of Law No. 8,443 of July 16, 1992.

§ 1º Credits to the Union arising from the application of the provisions of the incisos II and III of the caput of this article, shall be constituted in the view of the following cases and situations concerning the operationalization of the Bolsa Família Program:

I-misappropriation of cards that result in irregular looting of benefits;

II-provision of false statement that produce financial effect;

III-insertion of inverter data into the Single Cadastration of the Federal Government of Social Programs of the Federal Government that results in the undue incorporation of beneficiaries into the program;

IV-collection of undue value to the beneficiary households by paying units of the Bolsa Family and Remaining Programmes; or

V-collection, by the Public Power, of value associated with the realization of enrollment of families.

§ 2º The cases not provided for in § 1º will be the subject of analysis and deliberation of the Ministry of Social Development and Combat to the Famine, by means of the National Registry of Income Citizenship.

§ 3º From the act of constitution of the credits established by this article, it will be appeat to the Minister of State for Social Development and Combat to the Famine, which is to be reasoned and presented within the term maximum thirty days from the date of official notification.

§ 4º The appeal brought under § 3º will have suspensive effect.

§ 5º The final decision of the appeal trial regularly interposed should be pronounced within sixty days from the date of receipt of the allegations and documents from the contradictory, addressed to the National Registry of Citizenship Income, in Brasilia? DF.

CHAPTER IV

OF THE TRANSITIONAL AND FINAL PROVISIONS

Art. 36. The information and procedures required under this Decree, as well as those arising from the practice of the delegated acts in the form of the art. 8º of Law No. 10,836, 2004, will be able to be forwarded by electronic means by using standardized applications of mandatory and exclusive use.

Single Paragraph. Standardized applications will be accessed upon individual password utilization, and it will be kept record that allows you to identify the one responsible for the transaction.

Art. 37. As of the date of publication of this Decree, the receipt of the benefit of the Bolsa Família Program will imply tacit acceptance of compliance with the conditionals to which the arts refer. 27 and 28.

Art. 38. By the date of publication of this Decree, the quantitative of benefits granted from the duration of the Provisional Measure No. 132 of October 20, 2003, and the restituted resources pursuant to art, are convalidated. 24.

Art. 39. This Decree takes effect on the date of its publication.

Brasilia, September 17, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Patrus Ananias