DECREE N °-7,852, OF November 30, 2012

Altera the Decree No. 5,209 of September 17, 2004, which regulates the Law No. 10,836, of January 9, 2004, which creates the Bolsa Familia Program.

THE CHAIRWOMAN 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. 10,836, of January 9, 2004,

D E C R E T A:

Art. 1º The Decree No. 5,209 of September 17, 2004, passes the vigour with the following essay:

" Art. 11-C. The resources of which it treats § 3º of the art. 8º of Law No. 10,836, of 2004, should be applied in the actions of management and decentralized execution of the Bolsa Família Program, in particular in the following activities:

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V-intersectoral articulation for the planning, implementation, and evaluation of actions aimed at the magnification of the access of the recipient families of the Bolsa Família Program to public services, in particular those of health, education and family monitoring carried out by social assistance;

VI-activities related to follow-up and to the oversight of the Bolsa Familia Program, including those requested by the Ministry of Social Development and Combat to the Famine;

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

I-designate area responsible for the actions of management and execution of the Bolsa Família Program and by the intersectoral articulation of the areas, between others, of health, education, social assistance and food security, when existing;

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" Art. 19. ...................................................................................

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V-benefit for overcoming extreme poverty, the value of which will be calculated in the form of § 3º, at the limit of one per family, intended for the beneficiary family units of the Bolsa Familia Program which cumulatively:

a) have in their composition children and adolescents from zero to fifteen years of age; and

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§ 1º The Ministry of the Social Development and Combating Hunger will regulate the granting and maintenance of variable benefits to the management and the nuanced and the benefit for overcoming extreme poverty, to discipline its continued operationalization.

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§ 3º The value of the benefit for overcoming extreme poverty will be the result of the difference between R$ 70.01 (seventy real and one cent) and the sum per capita referred to in paragraph "b" of the inciso V of the caput, multiplied by the amount of family members, rounded up to the multiple of R$ 2.00 (two reais) immediately superior. " (NR)

" Art. 33. The ascertaining of the complaints related to the undue receipt of benefits from the Bolsa Family and Remaining Programs, pursuant to Articles 14 and 14-A of Law No. 10,836 of 2004, shall be carried out by the National Registry of Citizenship Income of the Ministry of Social Development and Combat to the Famine.

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§ 2º The National Registry of Income Citizenship of the Ministry of Social Development and Combat to the Famine will ask for municipal management or state coordination of the Program information, opinions and other documents necessary for the instruction of the procedures for supervision and follow-up of the Bolsa Família Program.

§ 3º The non-fulfillment of the requests provided for in § 2º, in the deadlines set by the Ministry of Social Development and Combat to the Famine, will be able to repertoire:

I-in the value of the repassed resources in support of the decentralized management of the Programme; and

II-in the adoption of defined measures when the accession of the federated to the Programme, of which it treats § 1º of the art. 8º of Law No. 10,836, of 2004. " (NR)

" Art. 34. Without prejudice to the applicable criminal sanction, the beneficiary who dolly provide false information or use any other illicit means to improperly join or hold himself as a beneficiary of the Bolsa Family Program will be required to ressarate the value received in an undue manner, upon administrative procedure, as disposed of in art. 14-A of Law No. 10,836, 2004.

§ 1º The National Registry of Citizenship Income of the Ministry of Social Development and Combat to the Hunger may, directly or by means of articulation with the municipal or District management Federal, convene beneficiaries of the Bolsa Familia Program or remnants, who are expected to appear before the area responsible for the local management of the Program and present the required information.

§ 2º In the case of non-attendance to the convocation provided for in § 1º, in the deadlines set in act of the Minister of State for Social Development and Combating Hunger, the National Registry of Citizenship Income of the Ministry of Social Development and Combat to the Hunger may promote exclusion of the recipient of the Bolsa Familia Program.

§ 3º The person excluded from the Program in the form provided for in § 2º will only be able to return to the beneficiary condition after the scheduled deadline set in act of the Minister of State of the Social Development and Combat to Famine.

§ 4º Verified the non-existence of dolo by beneficiary who has improperly received the benefit or the impossibility of his / her voucher, the benefit will be cancelled and the respective process will be filed.

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§ 5º Verified the existence of dolo evidence on the part of the beneficiary who has provided false information or used any other illicit means, in order to improperly join or remain in the Bolsa Família Program, this will be notified to submit defence within the maximum thirty days, counted from the date of receipt of the notification.

§ 6º When no defence is presented or when this is dismissed, the process will be completed and the beneficiary will be notified to carry out the ressaration of the value received unduly, to be paid within the sixty days, counted from the receipt of the notification.

§ 7º Of the decision that it treats § 5º shall be recourse to the Minister of State for Social Development and Combat to the Famine, within thirty days, counted from the date of receipt of the official notification of the decision of the process which has ascertained the beneficiary's dolo.

§ 8º The appeal of which it treats § 7º will have suspensive effect.

§ 9º Remain, in any case, the decision for the redressing of the resources received unduly, the beneficiary will be prevented from rejoining the program for the period of one year counted from the settlement of the ressarcement.

§ 10. The voluntary devolution of the resources received undue by the beneficiary, regardless of monetary update, will not take up the administrative procedure of which it treats the caput, provided that:

I -forego the receipt of denunciation or identification of evidence of undue receipt in any supervisory process; and

II-corresponds to the value fully received in the period in which the beneficiary did not fall under on the criteria for receipt of benefits from the Bolsa Família Program. " (NR)

" 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 undue payment of benefits from the Bolsa Família Program, without prejudice to other administrative, civil and criminal penalties, will be to the National Registry of Citizenship Income of the Ministry of the Social Development and Combat to Hunger:

I-promote the cancellation of the benefits resulting from the irregular act practiced;

II-recommend to the Municipal Executive Power or the Federal District to be established of syndication or disciplinary administrative procedure pertaining to the public servant or the agent of the appropriate or responsible entity or contractor;

III-propose to the competent authority the taking of accounts special, 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 the cases and situations identified in the surveillance procedures that set out the practice of illegal act, illegitimate or uneconomical that it results damage to the Erarius, in the form of the art. 8º of Law No. 8,443 of July 16, 1992; and

IV-apply the sanction provided for in § 2º of the art. 14 of Law No. 10,836, of 2004, should the public servant or agent of the entity of the conveniently or contracted entity be held responsible, administratively or judicially, by the doleful practice provided for in the incisos I or II of the caput of that article.

§ 1º Credits to the Union arising from the application of the provisions of the inciso IV of the caput, shall be constituted with a view to the following cases and situations concerning the operationalization of the Bolsa Família Program:

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§ 3º From the act of constitution of the credits will be recourse as to the gradation of the fine, which should be presented to the Minister of State for Social Development and Combat to the Famine, within thirty days, counted from the date of receipt of the collection notification.

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Art. 2º This Decree takes effect on the date of its publication.

Brasilia, November 30, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Tereza Campello