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Decree No. 6722, Of 30 December 2008

Original Language Title: Decreto nº 6.722, de 30 de Dezembro de 2008

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DECREE NO. 6,722, OF 30 OF DECEMBER 2008.

Altera devices from the Social Security Regulation, approved by the Decree no 3,048, of May 6, 1999.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, incisions IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the Laws nos 11,301, of May 10, 2006, 11,440, of December 29, 2006, 11,457, March 16, 2007, 11,488, 11,665, 11,665 of April 2008, 11,718, of June 20, 2008, and 11,788, of September 25, 2008, in the Interim MeasP no 447, of November 14, 2008, and in the Supplementary Law NO 128, Of December 19, 2008,

DECRETA:

Art. 1o The Social Security Regulation approved by Decree no 3,048, of May 6, 1999, passes the following with the following amendments, increased from the arts. 19-A, 19-B, 183-A, 188-F, 329-A and 329-B:

?Art. 9o ......................................................................................

I-...............................................................................................

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g) the civil Brazilian providing services to the Union abroad, on Brazilian governmental repartitions, there domiciled and hired, including the local auxiliary that they treat the arts. 56 and 57 of the Law no 11,440, of December 29, 2006, this since, on the grounds of legal prohibition, it cannot be fillable to the local previdential system;

h) the dumbsman and the trainee who provide services to the company, at odds with the Law no 11,788, of September 25 of 2008;

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r) the rural worker hired by rural person grower, in the form of the art. 14-A of the Law no 5,889, of June 8, 1973, for the exercise of activities of a temporary nature by term not exceeding two months within the period of one year;

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V-...............................................................................................

a) the physical person, proprietary or not, that explores activity agri-livestock, to any title, in permanent or temporary character, in area, continuous or discontinuous, greater than four tax modules; or, when in area equal to or less than four tax modules or fishing activity or extractivist activity, with aid of employees or through preposters; or still in the hypotheses of § § 8o and 23 of this article;

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p) the Micro Entrepreneurial Individual-MEI of which treat the arts. 18-A and 18-C of the Supplementary Act no 123 of December 14, 2006, which opts for the collecting of the taxes and contributions covered by the National Simple in monthly fixed values;

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VII-as a special insured person: the physical person resident in rural real estate or in nearby urban or rural agglomerate that, individually or in a family economy regime, albeit with the eventual aid of third parties, in the condition of:

a) producer, be it owner, enjoy, possessor, assented, partner or meeiro outored, comodant, or rural tenant, who explore activity:

1. agrolivestock in continuous area or not from up to four tax modules; or

2. of seringual or plant extrativist in the collection and extraction, in a sustainable manner, of renewable natural resources, and make these activities the main means of living;

b) artisanal fisherman or to this asseselhado, who does from fishing customary profession or main means of living; and

c) spouse or companion, as well as the sixteen-year-old child or this equated, of the insured of which they treat the points?? e? b? of this inciso, which, demonstrably, have active participation in the rural activities of the family group.

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§ 5o Understand itself as a family economy regime activity in which the work of family members is indispensable to the very subsistence and socio-economic development of the family nucleus and is exercised under conditions of mutual dependence and collaboration, without the use of permanent employees.

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§ 8o It is not held special the member of the family group possessing another source of income, except if stemming from:

I-pension benefit by death, accident or seclusion stamp, the value of which does not exceed that of the lowest benefit of continuing social security;

Second-benefit pension for the participation in supplementary provident plan instituted in the terms of the inciso III of the § 18 of this article;

III-exercise of paid activity in period of entrainess or defenceless, not more than one hundred and twenty days, correct or intersable, in the calendar year, observed the provisions of § 22 of this article;

IV-exercise of elective tenure of trade union leader of organization of the category of farm workers;

V-exercise term of councillor of the municipality where he develops rural activity, or of rural cooperative leader consisting exclusively of special insured persons, observed the provisions of § 22 of this article;

VI-partnership or meation outward in the form and conditions set out in the inciso I of § 18 of this article;

VII-artisanal activity developed with raw material produced by the respective family group, and may be used raw material from another origin, provided that, in that case, the monthly income obtained in the activity does not exceed the least benefit of continued social welfare provision; and

VIII-artistic activity, provided that in a monthly value lower than the lesser benefit of provident pension social.

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§ 18. Does not discharacterize the special insured condition:

I-a outorga, by means of written contract of partnership, meation or comodate, of up to fifty per cent of rural real estate whose total, continuous or discontinuous area, is not greater than four tax modules, provided that outoring and outoring continue to exert their respective activity, individually or in a family-economy regime;

II-the exploration of the tourist activity of rural property, including with lodging, for no more than one hundred and twenty days at year;

III-the participation in plan of supplementary welfare instituted by the classist entity to which it is associated, on the grounds of the condition of rural worker or rural producer on family-economy scheme;

IV-a participation as a beneficiary or group member family that has some component that is a beneficiary of official government assisteous program;

V-the use by the family-owned process group of beneficiation or artisanal industrialization, in the exploration of the activity, according to the provisions of § 25; and

VI-the association the agrolivestock cooperative.

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§ 20. For the purposes of this article, it is considered that the special insured person resides in urban or rural agglomeration close to rural real estate where he develops activity when he resides in the same municipality of real estate situation where he develops rural activity, or in contiguic municipality to the one in which it develops rural activity.

§ 21. The family group will be able to use an employee, including that referred to in point? r? of the inciso I of the caput of this article, or of worker of which it treats point? j? of the inciso V, in times of crop, to the reason of at most one hundred and twenty people / day within the calendar year, in periods correct or interscathed or, still, by equivalent time in hours of work, to the reason of eight hours / day and forty-four hours / week.

§ 22. The provisions of the incisos III and V of § 8o of this article do not waiver the collecting of the due contribution in relation to the exercise of the activities of which they treat the aforementioned incisions.

§ 23. The special insured gets excluded from that category:

I-from the first day of the month in which:

a) fail to satisfy the conditions set forth in the inciso VII of the caput of this article, without prejudice to the provisions of the art. 13, or exceed any of the limits set forth in the inciso I of § 18 of this article;

b) fall into any other category of compulsory insured of the General Social Welfare Regime, re-salvaged the provisions of incisions III, V, VII and VIII of § 8o of this article, without prejudice of the provisions of the art. 13; and

c) become insured obligatory from another pension scheme;

II-from the first day of the subsequent month to that of the occurrence, when the family group to which it belongs exceeds the limit of:

the) use of workers pursuant to § 21 of this article;

b) days in activity remunerated established in the inciso III of § 8o of this article; and

c) days of hosting as referred to inciso II of § 18 of this article.

§ 24. Applies the provisions of paragraph? to? from the inciso V of the caput of this article to the spouse or fellow of the producer who participates in the rural activity by this explored.

§ 25. It is considered to be the process of beneficiation or artisanal industrialization the one carried out directly by the rural producer himself, observed the provisions of § 5o of the art. 200, provided that it is not subject to the incidence of the Industrialized Products Tax-IPI. § 26. It is considered MEI the individual entrepreneur referred to in art. 966 of the Act no 10,406, of January 10, 2002-Civil Code, which has earned gross revenue, in the previous year-calendar year, of up to R$ 36,000.00 (thirty-six thousand reais), opting for the National Simple and which is not barred from opting by the systematic gathering mentioned in point (? p? of the inciso V of the caput.? (NR)

?Art. 18 .......................................................................................

I-the employee and worker avulant-by filling in the documents that enable them to exercise activity, formalized by the contract of employment, in the case of employee, observed the provisions of § 2o of the art. 20, and by the enrollment and registration in the labor union or organ-manager, in the case of avulant worker;

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§ 7o The special insured's enrollment will be made of how to link it to your respective family group and will contain, in addition to personal information, the identification of the form of the exercise of the activity, whether individual or in a family economy arrangements; of the condition in the family group, whether or not the holder or component; of the type of occupation of the holder according to table of the Brazilian Code of Occupations; of the occupation form of the holder by linking it to the property or vessel in which he works, from the property in which he develops the activity, whether in it resides or the municipality where resides and, when it is the case, the identification and enrolment of the person responsible for the family group.

§ 8o The special insured member of the family group that is not owner of the rural real estate or the vessel where develops your activity must inform, in the act of enrollment, as per the case, the name and CPF of the partner or meeiro outorgant, lessor, comodant or resembling.? (NR)

?Art. 19. The constant data of the National Social Information Cadastro-CNIS concerning linkages, remuneration and contributions are worth as proof of social security membership, contribution time, and salaries-of-contribution.

§ 1o The insured will be able to request, at any moment, the inclusion, deletion or rectification of the CNIS constant information, with the submission of comprobative documents of the divergent data, as criteria defined by the INSS, regardless of benefit application, except in the art hypothesis. 142.

§ 2o Information extemporaneously inserted into CNIS, regardless of whether they are unprecedented or previously informed data rectifiers, they will only be accepted if corroborated by documents that prove their regularity.

§ 3o Respected definitions on the provenance and origin of the information, it is considered extemporaneous to enter data:

I-relative to the date of bond start-up, whenever arising from document presented after the sixty-day transcourse of the deadline set by the legislation;

II-relative to remunerations, whenever arising from document presented:

a) after the last day of the fifth month subsequent to the month of the service delivery date by the insured, when it comes to data informed by means of the Service Time Warranty Fund and Social Security Information-GFIP's Recreation Guide; and

b) after the last day of the following exercise to which they refer to the information, when it comes to data informed by means of the Annual Relation of Social Information-RAIS;

III-relative to contributions, whenever the pick-up has been done without observance of the established in law.

§ 4o The extemporaneity of which it treats the inciso I of § 3o will be relevant after one year of the date of the document that has generated the information, provided that, cumulatively:

I-the delay in the submission of the paper has not exceeded the deadline of which it treats point? a? of the inciso II of § 3o;

II- have been collected, when it is the case, the contributions corresponding to the retroacted period; and

III-the insured person has not been worth of the alteration to obtain benefit whose minimum deficiency is up to twelve contributions monthly.

§ 5o No constying of the CNIS information about contributions or remuneration, or there is a doubt about the regularity of the bond, motivated by divergences or insufficiencies of data concerning the employer, the insured, the nature of the bond, or the provenance of the information, this respective period will only be confirmed upon presentation by the insured of the comprobation documentation requested by the INSS.

§ 6o The INSS will be able to define criteria for ascertaining the constant information of GFIP that has not yet been processed, as well as for acceptance of information regarding situations whose regularity depends on criterion fulfillment established in law.

§ 7o For the purposes of which it treats § § 2o to 6o, the INSS and the DATAPREV will adopt the arrangements necessary for the CNIS constant information subject to the substantiation to be identified and highlighted from the remaining records.? (NR)

?Art. 19-A. For the purposes of benefits of which it treats this Regulation, the periods of linkages that correspond to services provided in the statutory server condition will only be considered upon presentation of Provided Contribution of Time Certificate by the competent public body, unless the server's binning body has not instituted own social welfare arrangements.? (NR)

?Art. 19-B. The substantiation of links and remunerations of which it treats art. 62 could it be used to supply the employer's omission, to corroborate information entered or rectified extemporaneously or to subsidize the evaluation of CNIS data.? (NR)

?Art. 20 .......................................................................................

§ 1o Social security affiliation automatically stems from the exercise of paid activity for the compulsory insured, observed the provisions of § 2o, and the formalized enrollment with the payment of the first contribution to the optional insured.

§ 2o The rural worker's affiliation hired by rural grower person by maturity of up to two months within the period of one year, for the exercise of activities of a temporary nature, it automatically stems from its inclusion in the GFIP, upon specific identification.? (NR)

?Art. 32 .......................................................................................

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§ 21. The salary-of-benefit of the special insured consists of the equivalent value to the salary-minimum, the provisions of the inciso II of § 2o of the art are saved. 39 of this Regulation.? (NR)

?Art. 40 .......................................................................................

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§ 2o The benefits with monthly income higher than one minimum wage will be paid from the first to the fifth business day of the month subsequent to that of its competence, observed the proportional distribution of the number of beneficiaries per day of payment.

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§ 4o The benefits with monthly income in the value of up to a minimum wage will be paid in the period between the fifth business day leading up to the end of the month of its competence and the fifth working day of the subsequent month, observed the proportional distribution of the beneficiaries per day of payment.

§ 5o For the effects of § § 2o and 4o, considers itself to be business day one of banking expedient with normal listening time.

§ 6o For the benefits that have been majored due to the raising of the minimum wage, the aforementioned increase should be compensated at the time of application of the provisions of § 1o, according to standards to be lowered by the Ministry of Social Welfare.? (NR)

?Art. 42. No retuned benefit could exceed the maximum benefit-of-benefit limit on the date of the readjustment, respected rights acquired, nor less than the value of a minimum wage.

...................................................................................................? (NR)

?Art. 51 ........................................................................................

§ 1o For the effects of the willing caput, the rural worker must substantiate the effective exercise of rural activity, albeit discontinuous, in the period immediately preceding the application of the benefit or, as the case may be, to the month in which it fulfilled the age requirement, for time equal to the number of months of contribution corresponding to the deficiency of the intended benefit, computed the period to which they refer to the incisos III to VIII of § 8o of the art. 9o.

§ 2o Os rural workers from which it treats the caput that do not meet the provisions of § 1o, but that satisfy that condition, if they are considered periods of contribution under other categories of the insured, will make jus to the benefit by completing sixty-five years old, if man, and sixty years, if woman.

§ 3o For effect of § 2o, the calculation of the monthly income of the benefit will be ascertained in the form of the inciso II of the caput of the art. 32, considering itself as monthly salary-contribution of the period as a special insured the minimum wage-contribution limit of social security.

§ 4o Applies the provisions of § § 2o and 3o even that at the opportunity of the application of the retirement the insured does not enquel as a rural worker.? (NR)

?Art. 56 ........................................................................................

§ 1o The retirement by time of contribution of the teacher that proves, exclusively, time of effective exercise in magistery function in child education, elementary or high school education, it will be due to the teacher to the thirty years of contribution and to the teacher at the twenty-five years of contribution.

§ 2o For the purposes of the provisions of § 1o, considers itself function of magistery to be exercised by teacher, when exercised in establishment of basic education in its various levels and modalities, included, in addition to the exercise of the faculty, the school unit direction functions and those of coordination and pedagogical advising

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?Art. 60 .......................................................................................

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XXII-the time exercised in the condition of schoolgirl-apprentice referent to the period of professional learning carried out in technical school, provided that proven remuneration, even if indirect, to the public budget account and the employer-related bond.

...................................................................................................? (NR)

?Art. 62 ......................................................................................

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§ 2o Subsidiarily to the provisions of the art. 19, serve for the proof of contribution time that treats the caput:

I-for the workers in general, the following documents:

a) the individual contract of work, the Professional Portfolio, the Labor and Social Welfare, the portfolio of holiday, the health portfolio, the registration booklet and the booklet of contributions from the extinct institutes of retirement and pensions, the personal inscription booklet targeted by the Capitania of the Ports, by the Superintendency of the Development of the Fisheries, by the National Department of Works Against the Sections and statements of the Registry of the Brazilian Revenue Officer;

b) certificate of enrollment in professional watchdog, accompanied by the document proving the exercise of the activity;

c) social contract and respective distract, when it is the case, general assembly minutes and entrepreneur register; or

d) certificate of syndicate or labor-manager group that groups together avulese workers;

II-of exercise of rural activity, alternatively:

a) individual contract of work or Portfolio of Work and Social Security;

b) renting contract, partnership or rural comodate;

c) reasoned statement of syndicate representing the rural worker or, when it is the case, of union or colony of fishermen, provided that it was approved by the INSS;

d) proof of enrollment of the National Institute of Colonization and Agrarian Reform-INCRA;

e) block of notes from the rural producer;

f) notes entry tax of goods, of which it treats § 24 of the art. 225, issued by the procuring company of the production, with indication of the name of the insured as a seller;

g) tax documents concerning the delivery of rural production to the agricultural cooperative, warehouse of fish or others, with indication of the insured as a seller or consigner;

h) vouchers for collecting contribution to Social Security stemming from the marketing of production;

i) copy of the income tax return, with indication of income arising from rural production marketing;

j) occupancy permit or outored permission by INCRA; or

l) certificate provided by the National India-FUNAI Foundation, certifying the condition of the Indian as a rural worker, since homologated by the INSS.

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§ 8o The declaration mentioned in (c? c? of the inciso II of § 2o, in addition to the identification of the entity and of the issuer of the declaration, with indication of the respective mandate:

I-should be provided in two pathways, on letterheaded paper of the entity, with controlled and uninterrupted sequential numeration;

II-should contain the identification, the personal qualification of the beneficiary and the category of producer to which it belongs;

III-should consignment the documents and information that have served as the basis for its issuance, as well as, if it is the case, the origin of the data extracted from existing records in the declarant entity itself or on another organ, entity or company, provided that it is elderly and accessible to social security;

IV-will not be able to contain information regarding the period prior to the beginning of the declarant entity's activity, save if based in a document constituting material proof of the exercise of the activity; and

V-should consign data concerning the period and form of exercise of rural activity in the form established by the INSS.

§ 9o Whenever the category of producer informed in the statement that it treats point? c? of the inciso II of § 2o is of partner, meeiro, tenant, comodant, or other modality of outorgado, the document should identify and qualify the outwarder.

§ 10. The second route of the declaration provided for in paragraph? c? of the inciso II of § 2o should be maintained in the entity itself, with sequential numbering in ascending order, at the disposition of the INSS and too much surveillance and control bodies.

§ 11. In the non-union hypothesis that represents the rural worker, the declaration mentioned in point (c)? of the inciso II of § 2o may be suppressed by the submission of two statements firmed up by local administrative or judicial authorities, provided that they exercise positions or functions of federal or state judges or the Federal District, justice promoters, police deputies, commanders of military units of the Army, Navy, Aeronautics or auxiliary forces, local representative holders of the Ministry of Labour and Employment and of directors holding establishments public elementary and middle school.

§ 12. The authorities mentioned in § 11 will only be able to provide declaration regarding the period prior to the date of the commencement of their functions in the locality if they can substantiate it with contemporaneous documents of the stated fact, which evidenced full conviction of his truthfulness.

§ 13. The declaration that it treats § 11, subject to approval by the INSS, and the certificate referred to in point? l? of the inciso II of § 2o shall comply, in what couber, by the provisions of § 8o.? (NR)

?Art. 101. The salarium-maternity, observed the provisions of the arts. 35, 198, 199 or 199-A, paid directly by social security, will consist:

...................................................................................................? (NR)

?Art. 104 .....................................................................................

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§ 7o It's up to the grant of accident benefits from accident of any nature occurring during the period of maintenance of the quality of insured, provided that it met the conditions inherent in the species.

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?Art. 130. The contribution time for own social security arrangements or for General Social Welfare Regime must be proved with a certificate provided:

I-by the managing unit of the social welfare regime or by the competent sector of the federal, state, administration, of the Federal and municipal District, its authorities and foundations, provided that it duly homologated by the governing unit of the own regime, regarding the time of contribution to the respective social welfare scheme; or

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§ 3o ............................................................................................

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II-name of the server, its number of matriculation, RG, CPF, sex, date of birth, membership, PIS number or PASEP, and, when is the case, effective post, lotation, date of admission and date of exoneration or dismissal;

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VIII-signature of the certificate in charge of the certificate and the leader of the dispatcher body and, in the case of being issued by another body of the administration of the federative ente, homologation of the managing unit of the social welfare scheme of the social welfare;

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§ 12. It is vetted the time count of contribution of private activity with that of the public service or more of an activity in the public service, when concomers, resonated the cases of accumulation of positions or public jobs admitted by the Constitution.

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§ 14. The certificate that it treats § 3o should come accompanied by relation of the values of the remunerations, by competence, which will be used for the purposes of calculating the precolents of retirement.

§ 15. The time of service considered for retirement effect and fulfilled by December 15, 1998 will be counted as contribution time.

§ 16. It will be up to review of the contribution time certificate, including from craft, when it was found to be material error, vetoed to the recipient of the certificate the diverse organ of that to which it was originally intended.? (NR)

?Art. 161 ......................................................................................

§ 1o Will be given priority of care to insured persons for the benefit of temporary disability and special attention to retirees and pensioners.

§ 2o To ensure effective fulfillment of beneficiaries, technical intervention mechanisms, material aid, social resources, exchange with companies, including by celebration of arrangements, agreements or contracts, or social research.

§ 3o The social service will have as a guideline the beneficiary's participation in the implementation and strengthening of the pension policy, in articulation with associations and class entities.

§ 4o Social service will provide advising technician to the states, Federal District and municipalities in the drafting of their respective work proposals related to social security.

§ 5o The Minister of State for Social Welfare will edit supplementary acts for the application of this article.? (NR)

?Art. 174. The first payment of the benefit will be effected up to forty-five days after the date of the presentation by the insured person of the necessary documentation of the grant.

...........................................................................................? (NR)

?Art. 175. The payment of installments concerning benefits effected with a delay, regardless of occurrence of mora and of whom it has given cause, shall be corrected monetarily from the time it is left to due, by the same index used for the readjustments of the benefits of RGPS, ascertained in the period between the month that should have been paid and the month of the effective payment.? (NR)

?Art. 183. The rural worker framed as an obligatory RGPS insured in the form of the paragraph? a? of the inciso I or of the point? j? of the inciso V of the caput of the art. 9o, may apply for retirement by age, in the value of a minimum wage, by December 31, 2010, provided that it proves the exercise of rural activity, albeit discontinuous, in the period immediately preceding the requirement of the benefit or, as the case may be, to the month in which it has complied with the age requirement, in number of months identical to the deficiency of the said benefit.? (NR)

?Art. 183-A. In the granting of retirement by age of the rural employee, in value equivalent to the minimum wage, they will be counted for the effect of deficiency:

I-until December 31, 2010, the period of proven activity in the form of the inciso II, letter? a?, from § 2o of the art. 62, noted the provisions of the art. 183;

II-of January 2011 a december 2015, each proven month of employment, multiplied by three, limited to twelve months within the respective calendar year; and

III-from January 2016 a to December 2020, every proven month of employment, multiplied by two, limited to twelve months within the respective calendar year.

Paragraph single. Applies the provisions of the caput and respective inciso I to the rural worker framed in the category of insured individual taxpayer who substantiates the provision of service of a rural nature, in eventual character, to one or more companies, without employment relationship.? (NR)

?Art. 188-F. The provisions of § 2o of the art apply. 56 to applications for benefits required from May 11, 2006, taking into consideration the entire period of exercise in the activities cited.? (NR)

?Art. 198 .....................................................................................

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Paragraph single. The contribution of the insured rural worker to which he refers to point? r? of the inciso I of the art. 9o is eight per cent on the respective salary-of-contribution defined in the inciso I of the art. 214.? (NR)

?Art. 199-A ..................................................................................

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III-do MEI's that it treats point? p? of the inciso V of the art. 9o, whose contribution is to be collected in the form regulated by the Gestor Committee of the National Simple.

...................................................................................................? (NR)

?Art. 200 .....................................................................................

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§ 4o Integrates the raw revenue of which treats this article, in addition to the values arising from the marketing of the production relative to the products referred to in § 5o, the revenue coming from:

I-of the commercialization of production obtained on contract grounds of partnership or meation of part of rural real estate;

II-of the marketing of craft articles of which it treats the inciso VII of § 8o of the art. 9o;

III-of services provided, of used equipment and products marketed in rural real estate, provided that in touristic and entertainment activities developed in the real estate, inclusive lodging, feeding, reception, recreation and activities pedagogics as well as visitation rate and special services;

IV-of the market value of rural production given in payment or that it has been exchanged for another, whatever the reason or purpose; and

V-of artistic activity of which it treats the inciso VIII of the § 8o of the art. 9o.

§ 5o They integrate the production, for the effects of the incisos I and II of the caput, observed the provisions of § 25 of the art. 9o, products of animal or plant origin, in a natural state or subjected to processes of rudimentary beneficiation or industrialization, thus understood, among others, the processes of washing, cleaning, throwing, piling, peeling, lensing, pasteurization, cooling, drying, punching, fermentation, packing, crystallization, casting, carving, cooking, distillation, milling and roasting, as well as the byproducts and waste obtained through these processes.

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§ 9o Without prejudice to the provisions of the inciso III of § 7o, the rural person producer and the insured special are required to collect, directly, the incident contribution on gross revenue coming from:

I-from the marketing of elaborate craftsmanship articles with raw material produced by the respective family group;

II-of marketing of handicrafts or of the exercise of artistic activity, observed the provisions of the incisos VII and VIII of § 8o of the art. 9o; and

III-of services provided, of equipment used and of products marketed in rural real estate, provided that in touristic and entertainment activities developed in the real estate, inclusive lodging, feeding, reception, recreation and teaching activities, as well as visitation rate and special services.

§ 10. The special insured person is obliged to raise the contribution of employees at their service and to collect it within the period referred to in point (b)? of the inciso I of the art. 216.? (NR)

?Art. 216 .....................................................................................

I-...............................................................................................

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b) collect the product raised in the form of the (? a? and the contributions to his post incidents on paid remuneration, due or credited, to any title, including advances arising from salary readjustment, agreement or collective convention, to the insured persons, individual taxpayer and worker avulse at his or her service, and on the gross value of the tax bill or service invoice, relating to services that have been provided to him by co-operatives, through labour cooperatives, until the day twenty of the month following that which reference the remunerations as well as the imported sums in the form of the art. 219, until the day twenty of the month following that of the issuance of the tax bill or invoice, anticipating the maturity for the immediately preceding business day when there is no bank expedient on the day twenty;

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§ 1o-A. The domestic employer may collect the contribution of the insured person employed at his service and the parcel to his post relating to competence November until December 20, together with the contribution regarding the Christmas gratuity-tenth third salary-using a single fundraising document.

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§ 9o In the event that the insured person expresses interest in indemnifying relative contributions to the period in which the exercise of paid activity did not require mandatory membership of social security, applies, provided that the activity has become of mandatory membership, the provisions of § 7o.

§ 10. The provisions of Paragraph 7o shall not apply to cases of arrears of individual taxpayer insured persons not achieved by the decay of the right of social security to constitute the respective credit, by obeying them, in relation to them, to the provisions of the caput and § § 2o to 6o of the art. 239.

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§ 31. The working cooperative is obliged to discount eleven percent of the value of the quota distributed to the cooperated by services by it provided, by its intermediary, to companies and twenty percent in relation to the services provided to physical persons and to collect the product of that collection on day twenty of the month following that of the competence to which it relates, anticipating the maturity for the immediately preceding business day when there is no bank expedient on the day twenty.

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§ 33. In the hypothesis provided for in § 32, it is up to the individual taxpayer to collect the contribution itself, being the aliquot, in this case, of twenty percent, observed the provisions of § § 20, 21 and 23.

§ 34. The gathering of the contribution of the rural producer physical person or rural producer legal person, when there is, will be effected by the National Supply Company-CONAB, to the account of the Food Acquisition Programme, instituted by the art. 19 of the Law no 10,696 of July 2, 2003 on the acquisition of agri-products under the said Program.? (NR)

?Art. 225 .......................................................................................

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VII-inform, annually, to the Registry of the Federal Revenue Officer Brazil, in the form by it established, the name, the number of inscription in the social welfare and the complete address of the insured persons of which it treats the inciso III of § 15 of the art. 9o, by it used in the period, to any title, for distribution or marketing of its products, be they of own manufacture or of third parties, whenever it comes to company that carries out direct sales.

...................................................................................................

§ 24. The acquiring company or co-operative, consumer or consignment of the production is obliged to provide the special insured with the special copy of the tax document of entry of the goods, where it is constraining, in addition to the record of the transaction carried out, the value of the respective previdionary contribution.? (NR)

?Art. 283 .......................................................................................

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II- ...............................................................................................

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n) leave the company to keep technical laureate updated with reference to existing harmful agents in the working environment of their workers or issue effective document of effective exposure at odds with the respective laureate; and

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§ 2o A lack of enrolment of the insured person subject to the R$ 1,254.89 fine (thousand, two hundred and fifty and four reais and eighty-nine cents), by unregistered insured.

...................................................................................................? (NR)

?Art. 296-A. ..................................................................................

...................................................................................................

§ 2o.............................................................................................

I-................................................................................................

a) by the Executive Manager-Executive Director it refers to o § 1o; and

b) others Gerents-Executives; or

c) servers of the Division or of the Service Benefits or Service Benefits or the Federal Prosecutor's Office Specialized with the INSS of Management-Executive Management based in the city, or representative of the Registry of the Federal Revenue Office of Brazil, or of representative of DATAPREV;

II- ..............................................................................................

...................................................................................................

b) servers of the Division or of the Service of Benefits or of Service or the Federal Prosecutor's Office Specialized with the INSS of the Executive Management-Executive, or representative of the Registry of the Brazilian Federal Revenue Office, or representative of DATAPREV.

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§ 4o Employees' representatives, retirees and employers will be nominated by their respective trade union entities or representative associations.

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§ 8o In cities where there is more than one Generation-Executive, the Board will be installed in that nominee by the Regional manager of the INSS whose assignments cover the said city.

§ 9o Cabe to the Executive Manager the assignment of the counsellors.

§ 10. Is it available to the Regional Manager of the INSS to participate in the CPS meetings located in region of their assignments and chair them.? (NR)

?Art. 303. The Social Security Resources Board-CRPS, an integral collegiate of the structure of the Ministry of Social Welfare, is the governing body of jurisdictional control of the decisions of the INSS, in the processes regarding benefits borne from this Autarquia.

§ 1o...........................................................................................

I-twenty nine Board of Resources, with the competency to judge, in the first instance, the interposed resources against the decisions probed by the regional bodies of the INSS, in relation to benefits borne from this Autarquia;

II-four Chambers of Judgment, with registered office in Brasília, with the competence to judge, in second instance, the resources interposts against the decisions rendered by the Board of Resources that infringe law, regulation, enunciation or ministerial normative act;

...................................................................................................

IV-Board Plene, with the competence to unify the pension jurisprudence upon issuance of enunciation, ad referendum of the Minister of State for Social Welfare.

§ 2o The CRPS is chaired by representative of the Government, with notorious knowledge of the previdential legislation, appointed by the Minister of State for Social Welfare, as he / she would be able to direct the administrative services of the organ.

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§ 11. The Resource Together and Trial Chambers will be able, on the grounds of the number of proceedings in tramway and upon reasoned decision by the President of the CRPS, to act with up to four judging compositions, being a holder and the remaining ones composed of alternate counselors summoned.? (NR)

?Art. 304. Do you compete for the Minister of State for Social Security to approve the Rules of Procedure of the CRPS.? (NR)

?Art. 305. Of the decisions of the INSS in the beneficiaries ' interest processes will be recourse to the CRPS, as per the provisions of this Regulation and the Internal Rules of the CRPS.

..................................................................................................? (NR)

?Art. 307. The purposeful by the beneficiary of legal action that has per identical object request on which the administrative process matters renunciation of the right to appeal in the administrative sphere and desistance of the interposed appeal.? (NR)

?Art. 308 .......................................................................................

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§ 2o It is vetted to the INSS to espouse to comply with the Representations requested by the CRPS, as well as fail to comply with the definitive decisions of that collegiate, reduce or broaden their reach or perform them so that it contravenes or prejudged their evident sense.? (NR)

?Art. 311. The company, the syndicate or duly legalized retirement entity will be able, upon convenium, to charge, in respect of their employee or associate and their dependents, to process benefit application by preparing it and instructing it in a manner to be dispatched by social security.

Paragraph single. The benefit granted upon convenium will be paid to the beneficiary in the same way as the remaining benefits held by social security.? (NR)

?Art. 329-A. The Ministry of Social Welfare will develop and maintain program of enrollment of the special insured persons, observed the provisions of § § 7o and 8o of the art. 18, and may for both a convent firming with federal, state, or the Federal District and municipalities, as well as with class entities, in particular the respective confederations or federations.

§ 1o The Ministry of Social Welfare will discipline the form of maintenance and updating of the enrollment, observed the annual periodicity to be counted from the year following that of the effective enrollment of the special insured.

§ 2o The information contained in the enrolment of which it treats the caput do not waive the presentation of the documents provided for in the inciso II, letter? a?, of § 2o of the art. 62, except those obtained and hosted by social security directly from database made available by organs of the public power.

§ 3o From the application of the provisions in this article will not be able to result any burden on the insured, be they filibuster or not to the convenienced entities.? (NR)

?Art. 329-B. The information obtained and hosted by the INSS directly from databases made available by organs of the public power will be used to validate or invalidate information for the enrollment of the special insured, as well as, when it is the case, to stop recognizing in the insured that condition.? (NR

?Art. 347 .......................................................................................

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§ 4o In the case of maintenance benefit review with presentation of new elements extemporaneously to the lender act, the financial effects must be fixed on the date of the application for revision.? (NR)

Art. 2º Chapter IX of Title I of Book III of the Regulation of Welfare Social, approved by the Decree No 3,048, from 1999, passes the vigour with the following essay and increased art. 256-A:

?CHAPTER IX

OF THE REGISTRATION OF THE COMPANY, THE RURAL PRODUCER PHYSICAL PERSON AND THE SPECIAL INSURED PERSON? (NR)

?Art. 256-A. The tuition awarded by the Registry of the Brazilian Federal Revenue Officer to the rural producer or special insured person is the taxpayer's enrolment document, in place of replacement to the inscription on the National Cadaster of Legal Person-CNPJ, to be presented in their relations:

I-com o Public Power, including for sanitary licensing of products of animal or plant origin subjected to processes of handicraft or artisanal industrialization;

II-with the financial institutions, for hiring purposes of credit operations; and

III-with the acquirers of their production or suppliers of seeds, inputs, tools and too much agricultural implements.

§ 1o For the purposes of collecting the pension contributions, the matriculation of which treats the caput will be assigned to the family group in the act of its enrollment.

§ 2o The provisions of the caput does not apply to the health licensing of products subject to the incidence of the IPI or to the taxpayer whose enrollment in the CNPJ is mandatory.? (NR)

Art. 3o The National Institute of Social Insurance-INSS and the Company of Technology and Social Security Information-DATAPREV will deploy, until the month of June 2010, the provisions of § § 3o and 4o of the art.19 of the Social Welfare Regulation, approved by the Decree no 3,048, of 1999, na essay given by this Decree.

Art. 4o This Decree comes into effect in the date of its publication.

Art. 5o Ficam revoked the § 4o of the art. 18, the art. 55, the incisos III to VIII of § 2o of the art. 62, the single paragraph of the art. 108, the § § 5o and 6o of the art. 130, the § 6o of the art. 200, the § § 8o and 24 of the art. 216, the § 3o of the art. 244, the point? d? of the inciso I and the points? c? e? d? of the inciso II, both from § 2o of the art. 296-A, the § 5o of the art. 305, the art. 306 and the art. 310 of the Social Welfare Regulation, approved by Decree no 3,048, of May 6, 1999.

Brasilia, December 30, 2008; 187o of Independence and 120o of the Republic.

LUIZ INÁCIO LULA DA SILVA

José Pimentel