DECREE NO 8,424, OF March 31, 2015

Regulatory to Law No. 10,779, of 25 of November 2003, to have about the granting of the insurance benefit-unemployment, during the defenceless period, to the handcrafted professional fisherman who exerts his / her activity unique and uninterruptedly.

THE CHAIRPERSON OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, caput, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of Law No. 10,779 of November 25, 2003,

DECRETA:

Art. 1º This Decree regulates the granting of the benefit of insurance-unemployment to the professional fisherman who exercises his / her activity, exclusive and uninterruptedly, in an artisanal manner, individually or in a family-economy regimen, during the period of defrost fishing activity for the preservation of the species, of which it treats Law No. 10,779, of November 25, 2003.

§ 1º It is considered uninterrupted the activity exerted during the period between the end of the previous defenceless and the beginning of the defenceless in course or in the twelve months immediately prior to the start of the ongoing defenceless, which is minor.

§ 2º Understand how Family economy scheme the work of the members of the same family, indispensable to the subsistence itself and exercised in conditions of mutual dependence and collaboration, without the use of employees.

§ 3º Understand as a period of defenceless, for the purposes of granting the benefit, the temporary stoppage of fishing for preservation of the species, in the terms and time limits set by the competent organs.

§ 4º The benefit will be due to the artisanal professional fisherman enrolled in the General Register of Fishing Activity-RGP and with fishing license granted that exercise fishing as exclusive activity, pursuant to the legislation.

§ 5º The artisanal professional fisherman will not make jus more of a benefit of insurance-unemployment in the same year stemming from defenceless relative to distinct species.

§ 6º The grant of the benefit does not it will be extendable to artisanal fishing support workers, thus defined in specific legislation, and neither to the components of the family group of the handcrafted professional fisherman who do not meet, individually, the requirements and conditions established in this Decree.

§ 7º The benefit of insurance-unemployment is personal law and untransferable.

Art. 2º Will be entitled to the benefit of the insurance-unemployment the handcrafted professional fisherman who fulfils the following requirements:

I-have registration in the RGP, with active cadastral situation arising from licence granted, issued by the Ministry of Fisheries and Aquaculture, in the condition of professional fisherman artisanal that exerts fishing as exclusive activity, observed in advance minimarevist in art. 2º of Law No. 10,779, 2003;

II-possessing the condition of special insured person solely on the category of professional handicraft fisherman;

III-having carried out the payment of the pension contribution, pursuant to Law No. 8,212 of July 24, 1991, in the last twelve months immediately preceding the application for the benefit or from the last defenceless period to the application of the benefit, which is less, observed, when it is the case, the provisions of the inciso IV of the art caput. 5º;

IV-not be in enjoyment of any benefit arising from federal program of transfer of income with conditionals or benefit from continuing provision of Social Assistance or Social Security, except for accident or death pension benefits; and

V-having no employment link, or other working relationship, or other source of diverse income from the one arising from the fisheries.

§ 1º The substantiation of the contribution of the special insured of which it treats inciso III of the caput is to be done in the terms of the art. 25 of Law No. 8,212, of 1991, and of the inciso IV of the art caput. 216 of the Social Welfare Regulation, approved by Decree No. 3,048 of May 6, 1999, excluded the period of defenceless, provided that there has been no commercialization of alternative species not contemplated in the act fixing the period of defnessness.

§ 2º Since servicing the remaining requirements in this article, the benefit of unemployment-unemployment will be granted to the professional handicraft fisherman whose family is a beneficiary of income transfer program with conditionals, and will be fit to the federal public administration body or entity responsible for maintenance of the program the suspension of payment for the same period of the perception of the benefit of insurance-unemployment.

§ 3º For the purposes of the provisions of § 2º, the National Institute of Social Insurance-INSS will make available to the bodies or entities of the federal public administration responsible for the maintenance of income transfer programs with conditionalities the information necessary for identification of the beneficiaries and the benefits of insurance-unemployment granted, inclusive of those relating to the duration, suspension or cessation of the benefit.

Art. 3º It is up to the INSS to receive and process the requirements, enable the beneficiaries and decide on the granting of the insurance benefit-unemployment of which it treats the art. 1º.

Single paragraph. The person concerned may apply for the benefit of insurance-unemployment in any Unit of the Federation, regardless of their domicile.

Art. 4º The deadline to apply for the benefit of the unemployment insurance of the artisanal professional fisherman will start thirty days prior to the start date of the defenceless period and will end on the last day of the said period.

Paragraph single. As long as required within the time frame provided in the caput, the payment of the benefit will be due from the beginning of the defenceless period, regardless of the date of the application.

Art. 5º To apply for the benefit of insurance-unemployment, the fisherman should submit to the INSS:

I -official identification document;

II-voucher of enrollment in the Person Cadastro Physics-CPF;

III-enrollment in the RGP, with fishing license, issued by the Ministry of Fisheries and Aquaculture, in the condition of artisanal professional fisherman who exercises fishing as exclusive activity, observed the minimum advance notice provided in the art. 2º of Law No. 10,779, of 2003;

IV-copy of the tax document of the sale of the company the company acquirer, consumer or consignment of the production, in which it consents, in addition to the record of the carried out operation, the value of the respective pension contribution of which it treats § 7º of the art. 30 of Law No. 8,212, of 1991, or copy of the voucher for collecting the pension contribution, in case it has marketed its production the physical person; and

V-voucher of residence.

§ 1º In addition to presenting the papers provided for in the caput, the handcrafted professional fisherman will sign statement that:

I-does not have any other source of income;

II-engaged in the fishing of the species and in the localities hit by the defenceless, in exclusive and uninterrupted character, during the period between the end of the previous defenceless and the beginning of the defenceless ongoing or in the twelve months immediately prior to the start of the ongoing defenceless, whatever is minor; and

III-assumes civil and criminal liability for all information provided for the purposes of the grant of the benefit.

§ 2º The Ministry of Fisheries and Aquaculture will make available to the INSS information that demonstrem:

I-the uninterrupted and exclusive exercise of fishing activity by the fisherman artisanal professional, with the indication of the localities in which the activity was exerted and the species caught; and

II-the municipalities covered by the defenceless period and the borderline municipalities.

§ 3º Act of the Ministry of Social Welfare may require other documents for the habilitation of the benefit.

§ 4º The INSS will be able to exact complementary acts concerning the recognition and maintenance of the right to benefit, observed the willing in this Decree and in the act of which it treats § 3º.

Art. 6º INSS will cease the benefit of seguro-unemployment at the following hypotheses:

I-start of paid activity or perception of another income that is incompatible with the perception of the benefit;

II-disrespect to the period of defenceless or to any prohibitions set out in defenceless norms;

III-obtaining income from alternative species fisheries not contemplated in the act setting the period of defenceless;

IV-suspension of the defnessly period;

V-death of the beneficiary, except in relation to the overdue parcels;

VI-commencement of perception of income arising from previdential or assistive benefit of a continuing nature, except accident aid or pension for death;

VII-provision of false declaration; or

VIII-proof of fraud.

Paragraph single. The INSS will cease the benefit when you see the predicted hypothesis occurrence in the caput or when it is informed about its occurrence by the competent body or public entity.

Art. 7º In the case of the dismissal of the benefit grant application or in the case of cessation of the benefit, the handicraft professional fisherman will be able to appeal to the Social Welfare Resource Council-CRPS.

§ 1º The deadline for resource interment and for offering contrarreasons will be thirty days, told of science of the decision and the interposition of the resource, respectively.

§ 2º The processing and the judgment of the resources will follow the provisions of the Social Welfare Regulation, approved by Decree No. 3,048, of 1999, and in the internal regiment of the CRPS.

Art. 8º The financial resources for the payment of the benefit of insurance-unemployment to the handcrafted professional fisherman will come from the Amparo Fund to Worker-FAT.

§ 1º Compete to the Deliberative Council of the Amparo Fund to Worker-Codefat the management of the payment of benefits and to the Ministry of Labor and Employment its operationalization, by fit to the said organs the editing of the acts necessary to these activities.

§ 2º The INSS will make available to the Ministry of Labour and Employment the information necessary for the effectivation of the payment.

§ 3º The Ministry of Labour and Employment will make it available to the INSS and the bodies it treats o § 3º of the art. 2º the information regarding the realization of the payments to the beneficiaries.

§ 4º The Ministry of Labor and Employment and the INSS will provide interested information regarding the payment of the benefits in their own service channels.

Art. 9º The Social Security Regulation, approved by Decree No. 3,048, of 1999, passes the invigoration with the following changes:

" Art. 9º .........................................................................................................

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§ 14. ...........................................................................................................

I-do not use vessel; or

II-use small-size vessel, pursuant to Law No. 11,959, of June 29, 2009.

§ 15. ..........................................................................................................

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XI-the fisherman working on a regime of partnership, meation or leasing, in medium or large craft, pursuant to Law No. 11,959, of 2009;

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Art. 10. The Decree no 5,209, of September 17, 2004, passes the vigour with the following changes:

" Art. 25. .....................................................................................................

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IX-receipt of the benefit of the insurance-unemployment in the form of the art. 1º of Law No. 10,779 of November 25, 2003 and of its regulation, hypothesis in which the financial benefits of the Bolsa Família Program, received by your family, will be suspended.

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

Art. 11. Joint acts of the Ministries of Social Welfare, Labour and Employment and Fisheries and Aquaculture and other interested bodies shall set out the procedures and deadlines for operationalizing the exchanges of information provided for in this Decree.

Art. 12. This Decree applies to the periods of defenceless initiated from 1º April 2015.

Paragraph single. To the periods of defenceless initiated until March 31, 2015, the provisions of the previous legislation, inclusive of the deadlines, procedures and appeals and the competence of the Ministry of Labour and Employment for the receiving activities and processing of the applications, habilitation of the beneficiaries and ascertainment of irregularities.

Art. 13. The inciso III of § 14 and § 17 of the art are revoked. 9º of the Social Welfare Regulation, approved by Decree No. 3,048, of May 6, 1999.

Art. 14. This Decree comes into effect on the date of its publication.

Brasilia, March 31, 2015; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

Manoel Dias

Carlos Eduardo Gabas

Tereza Campello

Helder Barbalho