PROVISIONAL MEASURE NO. 178, OF March 31, 2004.

Authorizes, in exceptional character, the anticipation of the transfer of resources foreseen in the art. 1o-A of Law No. 10,336 of December 19, 2001, in the conditions under which it specifies.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment which gives it the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Union, in exceptional character and upon proposal of the Ministry of National Integration, will be able to pre-empt the States and the Federal District, whose areas occur damage to the transport infrastructure in function of emergency situation or state of public calamity, recognized by the Federal Executive Power, the transfer of resources provided for in the art. 1º-A of the Act No 10,336 of December 19, 2001 exclusively in respect of the parcel belonging to the States and the Federal District.

§ 1º The recognition of the existence of damage in the transport infrastructure, in emergency situation function or state of public calamity referred to in the caput, will be carried out by the Ministry of National Integration, upon specific act expedition to this end.

§ 2º The act referred to in § 1º should establish estimation of the resources required for effecting the repairs, with such an estimate representing the ceiling for transfer anticipations to be effected, without prejudice to the provisions of § 3º.

§ 3º The transfer referred to in the caput will be effected until the tenth working day of the subsequent month to the month of fundraising, or months immediately preceding the month of anticipation of the transfer, and will respect the percentage determined in § § 3º and 4º of the art. 1º-A of Law No. 10,336, of 2001.

§ 4º At the time of the transfer of resources referred to in § 2º of the art. 1º-A of Law No. 10,336, of 2001, the Union shall promote the deduction of the values eventually anticipated to the States and the Federal District.

§ 5º The resources provided for in the caput shall be applied in infrastructure of transport in the areas affected by the situation of emergency or state of public calamity, staying dispensed, for these resources, the intended targeting in the work programmes referred to in § 11 of the art. 1º-A of Law No. 10,336, 2001.

§ 6º The States and the Federal District shall forward, together with the report provided for in § 10 of the art. 1º-A of Law No. 10,336, of 2001, the demonstratives of the budgetary and financial implementation relating to the applications effected with the resources provided for in the caput.

Art. 2º The provisions of the art. 1º applies, also, in relation to states that have had areas declared in an emergency or state of public calamity, thus recognized by the Federal Government, in the period from 1º January 2004 to the date of publication of this Measure Provisional, in which the transport infrastructure still remains damaged in the event of the events that originated the said declaration.

Art. 3º This Interim Measment takes effect on the date of its publication.

Brasilia, March 31, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Bernard Appy

Ciro Ferreira Gomes