LEI No. 12,996, OF June 18, 2014

Changes the Leis # 12,715, from 17 of September 2012, which institutes the Programme of Encouragement of Technological Innovation and Adensation of the Productive Chain of Automotive Vehicles-INOVAR-AUTO, 12,873, of October 24, 2013, and 10,233, of June 5, 2001; and gives others providencies.

THE CHAIRWOMAN OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the following Law:

Art. 1º Law No. 12,715 of September 17, 2012, it passes the following with the following amendments:

" Art. 40 ....................................................................................

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§ 5º-A. For the realization of the activities foreseen in the incisors II and III of § 5º, they will be considered carried out in the Country expenditures with acquisition of software, equipment and their spare parts, provided that they are used in laboratories, in the form of the regulation.

§ 5º-B. The spare parts referred to in § 5º-A are those procured together with the equipment, the value of which is equal to or less than 10% (ten percent) of the value of the equipment.

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" Art. 41-A. With a view to promoting the sustainable development of the industry, the suppliers of strategic inputs and tools for the companies enabled to Innovate-Auto and their direct suppliers are required to inform acquirers, in the sales operations, the values and the remaining characteristics of the products provided, in the terms, limits and conditions defined by the Ministry of Development, Industry and Foreign Trade.

§ 1º The sustainable development of the industry predicted in the caput refers to the increase in the technological standard of vehicles, especially as to vehicular safety and vehicular emissions.

§ 2º The omission in the provision of the information of which it treats the caput ensejshall the application of fine in the amount of 2% (two per cent) on the value of the sales transactions referred to in the caput.

§ 3º The provision of incorrect information in the fulfilment of the obligation to which the caput refers to the caput will be of a fine of 1% (one per cent) on the difference between the informed value and the due value.

§ 4º Regulation may have on the procedures for correcting the incorrect information of which it treats § 3º.

§ 5º The provisions of § § 2º and 3º shall be applied in the sales transactions carried out as of the 7º (seventh) month subsequent to the definition of the terms, limits and conditions referred to in the caput. " (NR)

" Art. 41-B. The Executive Power, within the framework of Innovative-Auto, will be able to establish aliquots of the Tax on Industrialized Products-IPI smaller for vehicles adopting flex motors that have a consumption ratio between hydrated ethanol and gasoline higher than 75% (seventy-five percent), without prejudice to the energy efficiency of gasoline in the new vehicles. "

" Art. 42. ...................................................................................

I-the unfulfillment of the requirements set by this Act or by the complementary acts of the Executive Power, except as:

a) to the commitment that it treats the inciso II of § 4º of the art. 40; and

b) to the use of value the largest of credit presumed by company enabled by Innovating-Auto on the grounds of incorrections in the information that it treats art. 41-A;

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§ 4º In the hypothesis of paragraph b of the inciso I of the caput, the empowered company should:

I-promoting the reversal of the share of the presumed credit harnessed the largest, in the terms arranged in an act of the Executive Power; or

II-in the case of insufficiency of the presumed credit creditor balance, collect the value enjoyed the largest, plus interest equivalent to the rate of the Special System of Settlement and Custody-SELIC for federal securities, accumulated monthly, calculated from the month of the assumed credit ascertaining up to the month before that of the payment and added 1% (one per cent) regarding the month in which payment is being made.

§ 5º The omission in the provision of the information that it treats the art. 41-A prevents the ascertaining and the use of the credit presumed by the company entitled, in respect of the sales operation to which the omission is referred.

§ 6º The failure to comply with § 4º, decorated 60 (sixty) days after the notification, will entail the cancellation of the habilitation to the Innovative-Auto, leaving to apply the exception provided for in paragraph b of the inciso I of the caput. " (NR)

" Art. 43. ...................................................................................

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§ 3º The values of which they treat the incisos II, III, IV and V of the caput should be deposited in the National Scientific and Technological Development Fund-FNDCT, in specific account. " (NR)

Art. 2º It is reopened, until the last working day of the month of August 2014, the time frame provided for in § 12 of the art. 1º and in the art. 7º of Law No. 11,941 of May 27, 2009, as well as the time frame provided for in § 18 of the art. 65 of Law No. 12,249 of June 11, 2010, met the conditions set forth in this article.

§ 1º Powers be paid or parceled in the form of this article the debts of which they treat § 2º of the art. 1 of Law No. 11,941 of May 27, 2009, and § 2º of the art. 65 of Law No. 12,249 of June 11, 2010, won until December 31, 2013.

§ 2º The option by the modalities of forecasted parcelings in the arts. 1º and 3º of Law No. 11,941 of May 27, 2009, as well as in art. 65 of Law No. 12,249 of June 11, 2010, will be given by:

I-anticipation of 10% (ten percent) of the amount of the debt object of the parcelament, after applied the reductions, in the hypothesis of the total debt value being up to R$ 1,000,000.00 (one million reais);

II-anticipation of 20% (twenty percent) of the amount of the debt object of the parcelament, after applied the reductions, in the hypothesis of the total debt value being greater than R$ 1,000,000.00 (one million reais).

§ 3º For framing purposes in the incisos I or II of § 2º, the total value of the debt is considered on the date of the application, without the reductions.

§ 4º The anticipations referred to in the incisions I and II of § 2º may be paid in up to 5 (five) equal and successive installments, starting from the month of the request for parceling.

§ 5º After the payment of the anticipations and while not consolidated the debt, the taxpayer must calculate and collect monthly instalment equivalent to the greatest value between:

I-the amount of the debit object of the parcelament divided by the number of intended installments, discounted the anticipations; and

II-the values set out in § 6º of the art. 1º or in the inciso I of § 1º of the art. 3º of Law No. 11,941 of May 27, 2009, as the case may be, or the values set out in Paragraph 6º of the art. 65 of Law No. 12,249 of June 11, 2010, when applicable this Act.

§ 6º On the occasion of consolidation, the regularity of all benefits due from the month of accession shall be required until the month previous to that of the completion of the consolidation of the parceled debits pursuant to the provisions of this article.

Art. 3º Law No. 10,233 of June 5, 2001, it passes the following with the following amendments:

" Art. 13. ...................................................................................

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IV- permission, when it comes to:

a) regular provision of semi-urban interstate transportation services of unbound passengers from the exploitation of the infrastructure;

b) regular provision of unbound passenger rail transport services from the operation of infrastructure;

V-authorization, when it comes to:

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e) regular provision of interstate and international air transport services of passengers decoupling from the exploitation of the infrastructure.

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

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III- ...........................................................................................

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j) regular interstate and international regular road transport of passengers, which will have specific regulations expedited by ANTT;

IV- ..........................................................................................

a) collective road transport regular semi-urban interstate of passengers;

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" Art. 24. ...................................................................................

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III-propose to the Ministry of Transport, in the cases of granting and permitting, the plans of outorgas, instructed by specific technical and economic feasibility studies, for the exploration of the infrastructure and the provision of ground transportation services;

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IX-(VETADO);

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XVIII-dispose of the infractions, sanctions and administrative measures applicable to the services of transport.

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" Art. 26. ...................................................................................

I-publish the editions, judge the tenders and enter into the permission contracts for the provision of regular transport services semi-urban commuter road interstate;

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VIII-authorize the provision of services regular interstate and international road passenger transport;

IX-dispose of the minimum requirements to be observed by the road passenger terminals and vehicle stop points for the provision of the services disciplined by this Act.

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" Art. 38. The permissions to be heard by the ANTT for semi-urban interstate road transport and for rail transport and by ANTAQ will apply to the regular provision of passenger transport services that are independent of the exploitation of the infrastructure used and have no exclusivity character along the routes travelled, and must also be preceded by bidding governed by own regulation, approved by the Agency's board and the respective edital.

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" Art. 47-A. Depending on the characteristics of each market, ANTT will be able to establish specific conditions for the authorization outoring for the regular interstate and international road passenger service of passengers. "

" Art. 47-B. There will be no limit on the number of permits for the regular interstate and international road transport service of passengers, save in the case of operational unviable.

Single paragraph. In the caput hypothesis, ANTT will be able to carry out public selective process for the outward of the authorization, observed the principles of legality, impersonation, morality, publicity and efficiency, in the form of the regulation. "

" Art. 47-C. ANTT will be able to intervene in the market for regular interstate and international road passenger transport services, with the aim of ceasing abuse of law or infringement against the economic order, including with the establishment of specific obligations for the authorisation, without prejudice to the provisions of the art. 31. "

" Art. 77. ...................................................................................

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§ 3º In the case of the interstate and international passenger road transport, the rate of supervision of which treats the inciso III of the caput of this article will be R$ 1,800.00 (thousand and eight-hundred reais) per year and by bus registered by the company holder of authorization or permission bestoed by ANTT. " (NR)

" Art. 78-A. ...............................................................................

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VI-persediment of the vehicle.

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§ 3º Caberá exclusively to ANTT the application of the sanction referred to in the inciso VI of the caput. "(NR)

" Art. 78-K. The vehicle's pervation applies when there is recidivism in its use, within the period of 1 (one) year, in the interstate or international terrestrial transportation of paid passengers, carried out by physical or legal person who does not post outorga act expeded by ANTT.

Single paragraph. The owner and who holds the direct possession of the vehicle respond jointly or in isolation by the sanction of persediment, as the case may be. "

Art. 4º The ANTT, for a period of up to 5 (five) years, counted from the publication of this Act, will be able to set the maximum fares of the regular interstate and international road passenger transport services, as well as the criteria for their readjustment

Art. 5º The ANTT shall extinguish the current special authorisations for interstate and international road transport services of passengers, within the period of up to 1 (one) year, counted from the publication of this Act, and that time may be extended, the criterion of the Minister of State for Transport, upon proposal by ANTT.

Art. 6º The provisions of the arts. 4º and 5º of this Act will only apply to services with a vigour's permit contract following the extinction of the respective instrument.

Art. 7º The art. 37 of Law No. 12,873 of October 24, 2013, it passes on the following with the following amendments:

" Art. 37. ...................................................................................

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§ 2º A moratorium will cover the amount of debts accrued under the Registry of the Federal Revenue Office of Brazil and the Attorney General of the National Finance, until the month prior to the publication of the regulation of which it treats art. 43 of this Act, with respective legal accruals.

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§ 7º The provisions of the arts. 13 of Law No. 9,065 of June 20, 1995, and 30 of the Act No 10,522 of July 19, 2002, does not apply during the period of moratorium referred to in § 1º, save in the hypothesis of § 3º of the art. 38. " (NR)

Art. 8º The areas occupied by religious entities of any worship and by welfare entities that have been installed until December 31, 2006 at the limits of the Federal District and are effectively carrying out their activities on the site may be regularized, in whole or in part, upon sale or granting of actual law of use with an option to purchase, waived the procedures required by Law No. 8,666 of June 21, 1993.

§ 1º The possibility of sale or granting of actual law of use referred to in the caput only applies to the areas liable to turn to urban and after meeting the requirements of Law No. 6,766, of December 19 of 1979.

§ 2º When acquiring the ownership of the lots or the right of use in the terms of the caput of this article is prohibited the change in use of the divested or granted real estate unit, and restriction on record, obligatorily, as a resolute clause of the transfer deed or the concession contract.

§ 3º (VETADO).

Art. 9º This Law comes into effect on the date of its publication.

Brasilia, June 18, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Guido Mantega

César Borges

Mauro Borges Lemos

Miriam Belchior

Luís Inácio Lucena Adams