Presidency of the Republic General secretary Deputy Director for Legal Affairs

LAW No. 13,019, OF JULY 31, 2014.

Compiled textMessage of veto(Validity)(Validity)(Validity)(Validity)(Validity)Regulation(See Law No. 13,800, of 2019)

Establishes the legal regime for voluntary partnerships, whether or not involving transfers of financial resources, between the public administration and organizations of the Civil society, under a regime of mutual cooperation, to achieve purposes of public interest; defines guidelines for the promotion and collaboration policy with organizations in the Civil society; establishes the Collaboration Term and the Development Term; and amends Laws No. 8,429, of June 2, 1992, and 9,790, of March 23, 1999. Establishes the legal regime for partnerships between the public administration and organizations of the Civil society, under a regime of mutual cooperation, to achieve purposes of public and reciprocal interest, through the execution of activities or projects previously established in work plans included in terms of collaboration, in terms of development or in cooperation agreements; defines guidelines for the policy of promotion, collaboration and cooperation with organizations in the Civil society; and amends Laws No. 8,429, of June 2, 1992, and 9,790, of March 23, 1999. (Wording given by Law No. 13,204, of 2015)

THE PRESIDENT OF THE REPUBLIC I make it known that the National Congress decrees and I sanction the following Law:

Art. 1 This Law establishes General Standards for voluntary partnerships, whether or not involving transfers of financial resources, established by the Union, States, Federal District, Municipalities and respective agencies, foundations, Public Companies and Mixed Economy Companies public service providers, and their subsidiaries, with organizations in the Civil society, under a regime of mutual cooperation, to achieve purposes of public interest; defines guidelines for the promotion and collaboration policy with organizations in the Civil society; and establishes the Collaboration Term and the Development Term.

Art. 1 This Law establishes General Standards for partnerships between public administration and organizations in the Civil society, under a regime of mutual cooperation, to achieve purposes of public and reciprocal interest, through the execution of activities or projects previously established in work plans included in terms of collaboration, in terms of development or in cooperation agreements. (Wording given by Law No. 13,204, of 2015)

CHAPTER I

PRELIMINARY PROVISIONS

Art. 2 For the purposes of this Law, it is considered:

I – organization of Civil society: non-profit private legal entity that does not distribute, among its partners or associates, advisors, directors, employees or donors, any results, surpluses, operating surpluses, gross or net, dividends, bonuses, shares or portions of its assets , earned through the exercise of its activities, and which applies them fully in achieving the respective Object social, immediately or through the constitution of Bottom property or Bottom spare;

I – organization of Civil society: (Wording given by Law No. 13,204, of 2015)

a) private non-profit entity that does not distribute among its partners or associates, advisors, directors, employees, donors or third parties any results, surpluses, operating surpluses, gross or net, dividends, exemptions of any nature, participations or portions of its assets, earned through the exercise of its activities, and which applies them in full to achieve the respective Object social, immediately or through the constitution of Bottom property or Bottom spare; (Included by Law No. 13,204, of 2015)

b) the cooperative societies provided for in Law No. 9,867, of November 10, 1999; those made up of people at risk or in personal or social vulnerability; those achieved by programs and actions to combat poverty and generate work and income; those aimed at promoting, educating and training rural workers or training technical assistance and rural extension agents; and those qualified to carry out activities or projects of public interest and social nature. (Included by Law No. 13,204, of 2015)

c) religious organizations that are dedicated to activities or projects of public interest and of a social nature other than those intended for exclusively religious purposes; (Included by Law No. 13,204, of 2015)

II – public administration: Union, States, Federal District, Municipalities and respective agencies, foundations, Public Companies and Mixed Economy Companies public service providers and their subsidiaries;

II – public administration: Union, States, Federal District, Municipalities and respective agencies, foundations, Public Companies and Mixed Economy Companies public service providers, and their subsidiaries, reached by the provisions of § 9 of art. 37 of the Federal Constitution; (Wording given by Law No. 13,204, of 2015)

III – Partnership: any type of Partnership provided for in this Law, whether or not it involves voluntary transfers of financial resources, between public administration and organizations of the Civil society for actions of reciprocal interest under a regime of mutual cooperation;

III – Partnership: set of rights, responsibilities and obligations arising from a legal relationship formally established between the public administration and organizations of the Civil society, under a regime of mutual cooperation, to achieve purposes of public and reciprocal interest, through the execution of an activity or Project expressed in terms of collaboration, in terms of development or in cooperation agreements; (Wording given by Law No. 13,204, of 2015)

III-A – activity: set of operations that are carried out continuously or permanently, resulting in a Product or service necessary to satisfy interests shared by the public administration and the organization of Civil society; (Included by Law No. 13,204, of 2015)

III-B – Project: set of operations, limited in time, which result in a Product intended to satisfy interests shared by public administration and the organization of Civil society; (Included by Law No. 13,204, of 2015)

IV – Manager: person who holds powers of administration, management or control of the organization of the Civil society;

IV – Manager: person who holds powers of administration, management or control of the organization of the Civil society, authorized to sign Collaboration Term, Development Term or cooperation agreement with the public administration to achieve purposes of public and reciprocal interest, even if it delegates this competence to third parties; (Wording given by Law No. 13,204, of 2015)

V – public administrator: public agent, head of the body, autarchy, Foundation, public company or mixed capital company competent to sign a cooperation instrument with the organization of Civil society to achieve purposes of public interest;

V – public administrator: public agent with the authority to sign Collaboration Term, Development Term or cooperation agreement with organization of Civil society to achieve purposes of public and reciprocal interest, even if it delegates this competence to third parties; (Wording given by Law No. 13,204, of 2015)

SAW - Manager: public agent responsible for managing the Partnership, designated by an act published in an official means of communication, with control and inspection powers;

SAW - Manager: public agent responsible for managing Partnership celebrated through Collaboration Term or Development Term, designated by an act published in an official means of communication, with control and inspection powers; (Wording given by Law No. 13,204, of 2015)

VII – Collaboration Term: instrument through which partnerships established by the public administration with organizations in the Civil society, selected through a public call, to achieve purposes of public interest proposed by the public administration, without prejudice to the definitions relating to the management contract and the Term of Partnership, respectively, according to the Law No. 9,637, of May 15, 1998, It is 9,790, of March 23, 1999;

VII – Collaboration Term: instrument through which partnerships established by the public administration with organizations in the Civil society to achieve purposes of public and reciprocal interest proposed by the public administration that involve the transfer of financial resources; (Wording given by Law No. 13,204, of 2015)

VIII – Development Term: instrument through which partnerships established by the public administration with organizations in the Civil society, selected through a public call, to achieve purposes of public interest proposed by organizations in the Civil society, without prejudice to the definitions relating to the management contract and the Term of Partnership, respectively, according to the Law No. 9,637, of May 15, 1998, It is 9,790, of March 23, 1999;

VIII – Development Term: instrument through which partnerships established by the public administration with organizations in the Civil society for the achievement of purposes of public and reciprocal interest proposed by organizations of the Civil society, which involve the transfer of financial resources; (Wording given by Law No. 13,204, of 2015)

VIII-A – cooperation agreement: instrument through which partnerships established by the public administration with organizations in the Civil society to achieve purposes of public and reciprocal interest that do not involve the transfer of financial resources; (Included by Law No. 13,204, of 2015)

IX – public policy council: body created by the public authorities to act as an advisory body, in the respective area of activity, in the formulation, implementation, monitoring, Monitoring and Evaluation public policies;

X – Commission of selection: collegiate public administration body designed to process and judge public calls, composed of public agents, designated by an act published in an official means of communication, with at least 2/3 (two thirds) of its members serving as permanent employees of the staff of the public administration carrying out the public call;

X – Commission of selection: collegial body designed to process and judge public calls, constituted by an act published in an official means of communication, ensuring the participation of at least one civil servant occupying a permanent position or permanent employment within the public administration staff; (Wording given by Law No. 13,204, of 2015)

XI – Commission in Monitoring and Evaluation: collegiate public administration body designed to monitor and evaluate partnerships entered into with organizations in the Civil society under the terms of this Law, composed of public agents, designated by an act published in an official means of communication, with at least 2/3 (two thirds) of its members being civil servants occupying permanent positions on the staff of the public administration carrying out the call public;

XI – Commission in Monitoring and Evaluation: collegial body designed to monitor and evaluate partnerships signed with organizations in the Civil society through Collaboration Term or Development Term, constituted by an act published in an official means of communication, ensuring the participation of at least one civil servant occupying a permanent position or permanent employment within the public administration staff; (Wording given by Law No. 13,204, of 2015)

XII – public call: procedure designed to select organization of the Civil society to sign Partnership by means of Collaboration Term or promotion, which guarantees compliance with the principles of equality, legality, impersonality, morality, equality, publicity, administrative probity, binding to the convening instrument, objective judgment and those related to them;

XIII – Remaining Assets: permanent equipment and materials purchased with resources from the Partnership, necessary to achieve the Object, but which are not incorporated into it;

XIII – Remaining Assets: those of a permanent nature acquired with financial resources involved in the Partnership, necessary to achieve the Object, but which are not incorporated into it; (Wording given by Law No. 13,204, of 2015)

XIV – Accountability: procedure in which the execution of the Partnership regarding the aspects of legality, legitimacy, economy, efficiency and effectiveness, through which it is possible to verify compliance with the Object from the Partnership and the achievement of goals and expected results, comprising 2 (two) phases:

XIV – Accountability: procedure in which the execution of the Partnership, through which it is possible to verify compliance with the Object from the Partnership and the achievement of goals and expected results, comprising two phases: (Wording given by Law No. 13,204, of 2015)

a) presentation of accounts, the responsibility of the organization of Civil society;

b) analysis and conclusive statement of the accounts, which are the responsibility of the public administration, without prejudice to the actions of the control bodies;

XV – additive term: instrument that aims to modify Collaboration Term or of Development Term concluded, alteration of the Object approved.

XV – (revoked) . (Wording given by Law No. 13,204, of 2015)

Art. 2º-A. The partnerships regulated by this Law will respect, in all aspects, the specific norms of sectoral public policies relating to Object from the Partnership and the respective instances of agreement and deliberation. (Included by Law No. 13,204, of 2015)

Art. 3 The requirements of this Law do not apply:

I – transfers of resources approved by the National Congress or authorized by the Federal Senate in cases where the provisions of treaties, agreements and specific international conventions conflict with this Law, when the resources involved come entirely from an external source of financing;

I – transfers of resources approved by the National Congress or authorized by the Federal Senate in cases where the specific provisions of international treaties, agreements and conventions conflict with this Law; (Wording given by Law No. 13,204, of 2015)

II – voluntary transfers governed by specific law, where there is an express provision to the contrary;

II – (revoked) ; (Wording given by Law No. 13,204, of 2015)

III – management contracts signed with Social Organizations, in the form established by Law No. 9,637, of May 15, 1998.

III – management contracts signed with Social Organizations, as long as the requirements set out in the Law No. 9,637, of May 15, 1998; (Wording given by Law No. 13,204, of 2015)

IV – agreements and contracts signed with philanthropic and non-profit entities under the terms of § 1 of art. 199 of the Federal Constitution; (Included by Law No. 13,204, of 2015)

V – the terms of cultural commitment referred to in § 1 of art. 9th of Law No. 13,018, of July 22, 2014; (Included by Law No. 13,204, of 2015)

VI – the terms of Partnership celebrated with organizations from the Civil society of public interest, as long as the requirements set out in the Law No. 9,790, of March 23, 1999; (Included by Law No. 13,204, of 2015)

VII – the transfers referred to in art. 2nd of Law No. 10,845, of March 5, 2004, it is us arts. 5th It is 22 of Law No. 11,947, of June 16, 2009; (Included by Law No. 13,204, of 2015)

VIII – (VETOED); (Included by Law No. 13,204, of 2015)

IX – payments made as annual fees, contributions or association fees in favor of international organizations or entities that are necessarily constituted by: (Included by Law No. 13,204, of 2015)

a) members of Power or the Public Ministry; (Included by Law No. 13,204, of 2015)

b) directors of a public administration body or entity; (Included by Law No. 13,204, of 2015)

c) legal entities governed by domestic public law; (Included by Law No. 13,204, of 2015)

d) legal entities that are part of the public administration; (Included by Law No. 13,204, of 2015)

X – partnerships between public administration and autonomous social services. (Included by Law No. 13,204, of 2015)

Art. 4 The provisions of this Law apply, as applicable, to public administration relations with entities qualified as organizations of the Civil society of public interest, which the Law No. 9,790, of March 23, 1999, governed by terms of Partnership. (Repealed by Law No. 13,204, of 2015)

CHAPTER II

THE CELEBRATION OF THE COLLABORATION OR SUPPORT AGREEMENT

Section I

General Standards

Art. 5 The legal regime covered by this Law is based on democratic public management, social participation, strengthening of Civil society and the Transparency in the application of public resources, and must comply with the principles of legality, legitimacy, impersonality, morality, publicity, economy, efficiency and effectiveness, in addition to other applicable constitutional principles and those listed below:

Art. 5 The legal regime covered by this Law is based on democratic public management, social participation, strengthening of Civil society, The Transparency in the application of public resources, the principles of legality, legitimacy, impersonality, morality, publicity, economy, efficiency and effectiveness, aiming to ensure: (Wording given by Law No. 13,204, of 2015)

I – the recognition of social participation as a citizen’s right;

II – a Solidarity, cooperation and respect for diversity to build values of citizenship and social and productive inclusion;

III – the promotion of local, regional and national, inclusive and sustainable development;

IV – the right to information, to Transparency and social control of public actions;

V – the integration and transversality of procedures, mechanisms and instances of social participation;

VI – valuing cultural diversity and education for active citizenship;

VII – the promotion and defense of human rights;

VIII – the preservation, conservation and protection of water resources and the environment;

IX – valuing the rights of indigenous peoples and traditional communities;

X – the preservation and appreciation of Brazilian cultural heritage, in its material and immaterial dimensions.

Art. 6 The fundamental guidelines of the legal framework for development or collaboration are:

Art. 6 These are fundamental guidelines of the legal regime of Partnership: (Wording given by Law No. 13,204, of 2015)

I – promotion, institutional strengthening, training and encouragement for the organization of Civil society for cooperation with public authorities;

II – prioritization of control of results;

III – encouraging the use of updated information and communication technology resources;

IV – strengthening institutional cooperation actions between federated entities in relations with organizations in the Civil society;

V – the establishment of mechanisms that expand information management, Transparency and advertising;

VI – integrated, complementary and decentralized action, of resources and actions, between the entities of the Federation, avoiding overlapping of initiatives and fragmentation of resources;

VII – raising awareness, training, deepening and improving the work of public managers, in the implementation of activities and projects of public interest and social relevance with organizations in the Civil society;

VIII – the adoption of administrative management practices necessary and sufficient to prevent the obtaining, individually or collectively, of undue benefits or advantages, as a result of participation in the respective decision-making process or occupation of strategic positions;

VIII – the adoption of administrative management practices necessary and sufficient to prevent the obtaining, individually or collectively, of undue benefits or advantages; (Wording given by Law No. 13,204, of 2015)

IX – the promotion of solutions derived from the application of knowledge, science and technology and innovation to meet the needs and demands for a higher quality of life of the population in situations of social inequality.

Section II

Training Managers, Advisors and Civil society Organized

Art. 7º The Union, in coordination with the States, Federal District, Municipalities and organizations of the Civil society, will establish training programs for managers, representatives of organizations in the Civil society and advisors to public policy councils, with participation in the aforementioned programs not being a condition for exercising the role.

Art. 7 The Union may establish, in coordination with the States, the Federal District, the Municipalities and organizations of the Civil society, training programs aimed at: (Wording given by Law No. 13,204, of 2015)

I – public administrators, directors and managers; (Included by Law No. 13,204, of 2015)

II – representatives of organizations from the Civil society; (Included by Law No. 13,204, of 2015)

III – members of public policy councils; (Included by Law No. 13,204, of 2015)

IV – members of selection committees; (Included by Law No. 13,204, of 2015)

V – members of committees Monitoring and Evaluation; (Included by Law No. 13,204, of 2015)

VI – other public and private agents involved in the celebration and execution of the partnerships regulated by this Law. (Included by Law No. 13,204, of 2015)

Single paragraph. Participation in the programs provided for in the caput will not constitute a condition for the exercise of a function involved in the materialization of partnerships regulated by this Law. (Included by Law No. 13,204, of 2015)

Art. 8 When deciding on the conclusion of partnerships provided for in this Law, the public administrator will obligatorily consider the operational capacity of the public administration body or entity to institute selection processes, evaluate proposals for Partnership with the necessary technical rigor, it will monitor execution in a timely and effective manner and assess the rendering of accounts in the manner and within the deadlines determined in this Law and in specific legislation.

Art. 8 When deciding on the conclusion of partnerships provided for in this Law, the public administrator: (Wording given by Law No. 13,204, of 2015)

I – will obligatorily consider the operational capacity of the public administration to celebrate the Partnership, comply with the obligations arising therefrom and assume the respective responsibilities; (Included by Law No. 13,204, of 2015)

II – evaluate proposals for Partnership with the necessary technical rigor; (Included by Law No. 13,204, of 2015)

III – designate managers qualified to control and supervise execution in a timely and effective manner; (Included by Law No. 13,204, of 2015)

IV – will assess the rendering of accounts in the manner and within the deadlines determined in this Law and in specific legislation. (Included by Law No. 13,204, of 2015)

Single paragraph. The public administration will adopt the necessary measures, both in personnel training and in the provision of the necessary material and technological resources, to ensure the technical and operational capacity referred to in the caput of this article.

Section III

From the Transparency and Control

Art. 9 At the beginning of each calendar year, the public administration will publish, in official means of dissemination, the values approved in the current annual budget law for the execution of programs and actions of the multi-annual plan in force, which may be executed through partnerships provided for in this Law. (Repealed by Law No. 13,204, of 2015)

Art. 10. The public administration must maintain, on its official website, the list of partnerships concluded, in alphabetical order, by the name of the organization of the Civil society, for a period of no less than 5 (five) years, counting from the Appreciation from the Accountability end of Partnership.

Art. 10. The public administration must maintain, on its official website, a list of signed partnerships and their respective work plans, up to one hundred and eighty days after their respective closure. (Wording given by Law No. 13,204, of 2015)

Art. 11. The organization of Civil society It must disclose, on its website, if it maintains it, and in visible locations at its headquarters and establishments in which it carries out its actions, all partnerships entered into with public authorities.

Art. 11. The organization of Civil society must disclose on the internet and in visible places at its headquarters and establishments in which it carries out its actions all partnerships celebrated with the public administration. (Wording given by Law No. 13,204, of 2015)

Single paragraph. The information covered by this article and art. 10 must include, at a minimum:

I – date of signature and identification of the instrument of Partnership and the responsible public administration body;

II – name of the organization of the Civil society and your registration number in the National Register of Legal Entities – CNPJ of the Federal Revenue Secretariat of Brazil – RFB;

III – description of the Object from the Partnership;

IV – total value of Partnership and amounts released;

IV – total value of Partnership and released values, when applicable; (Wording given by Law No. 13,204, of 2015)

V – situation of Accountability from the Partnership, which must inform the scheduled date for its presentation, the date on which it was presented, the deadline for its analysis and the conclusive result.

VI – when linked to the execution of the Object and paid with resources from Partnership, the total value of the Remuneration of the work team, the functions its members perform and the Remuneration foreseen for the respective year. (Included by Law No. 13,204, of 2015)

Art. 12. The public administration must publish on the internet the means for submitting complaints about the irregular application of transferred resources.

Art. 12. The public administration must publish via the internet the means of representation regarding the irregular application of the resources involved in the Partnership. (Wording given by Law No. 13,204, of 2015)

Section IV

Strengthening Social Participation and Disclosure of Shares

Art. 13. (VETOED).

Art. 14. The public authorities, in the form of regulations, will disseminate, in the public means of communication by radio broadcasting of sounds and images, advertising campaigns and programs developed by organizations of the Civil society, within the scope of partnerships with public administration, with provision of technological resources and language appropriate to the Guarantee accessibility for people with disabilities.

Art. 14. The public administration will publish, in the form of regulations, in the public means of communication by radio broadcasting of sounds and images, advertising campaigns and programs developed by organizations of the Civil society, within the scope of the partnerships provided for in this Law, through the use of technological and language resources appropriate to the Guarantee accessibility for people with disabilities. (Wording given by Law No. 13,204, of 2015)

Art. 15. The National Council for Development and Collaboration may be created within the scope of the federal Executive Branch, with equal composition between government representatives and organizations of the Civil society, with the purpose of disseminating good practices and proposing and supporting policies and actions aimed at strengthening the development and collaboration relationships provided for in this Law.

§ 1 The composition and functioning of the National Development and Collaboration Council will be regulated by regulation.

§ 2 The other federated entities will also be able to create a participatory instance, in accordance with this article.

§ 3 The sectoral public policy councils and the public administration will be consulted regarding policies and actions aimed at strengthening the development and collaboration relationships proposed by the Council covered by the caput of this article. (Included by Law No. 13,204, of 2015)

Section V

Terms of Collaboration and Promotion

Art. 16. Collaboration Term must be adopted by the public administration in the case of voluntary transfers of resources to achieve work plans proposed by the public administration, in a regime of mutual cooperation with organizations in the Civil society, selected through a public call, subject to the exceptions provided for in this Law.

Art. 16. Collaboration Term must be adopted by the public administration to achieve its work plans Initiative, to celebrate partnerships with organizations in the Civil society that involve the transfer of financial resources. (Wording given by Law No. 13,204, of 2015)

Single paragraph. Public policy councils may present proposals to the public administration to conclude Collaboration Term with organizations from Civil society.

Art. 17. Development Term must be adopted by the public administration in the case of voluntary transfers of resources to achieve work plans proposed by organizations in the Civil society, under a regime of mutual cooperation with the public administration, selected through a public call, subject to the exceptions provided for in this Law.

Art. 17. Development Term must be adopted by the public administration to achieve work plans proposed by organizations in the Civil society that involve the transfer of financial resources. (Wording given by Law No. 13,204, of 2015)

Section VI

The Procedure for Expressing Social Interest

Art. 18. The Social Interest Expression Procedure is established as an instrument through which organizations in the Civil society, Social movements and citizens will be able to submit proposals to the public authorities so that they can evaluate the possibility of carrying out a public call with the aim of celebrating Partnership.

Art. 19. The proposal to be forwarded to the public administration must meet the following requirements:

I – identification of the subscriber of the proposal;

II – indication of the public interest involved;

III – diagnosis of the reality that is to be modified, improved or developed and, when possible, indication of the feasibility, costs, benefits and execution deadlines of the intended action.

Art. 20. Once the requirements of art. 19, the public administration must make the proposal public on its website and, once the convenience and opportunity for carrying out the Social Interest Expression Procedure have been verified, it will launch it for society to hear about the topic.

Single paragraph. The deadlines and rules of the procedure referred to in this Section will comply with each federated entity's own regulations, to be approved after the publication of this Law.

Art. 21. Carrying out the Social Interest Expression Procedure will not necessarily imply the execution of the public call, which will take place in accordance with the interests of the administration.

§ 1 Carrying out the Social Interest Expression Procedure does not exempt the need for a public call for the celebration of Partnership.

§ 2º A Proposition or participation in the Social Interest Expression Procedure does not prevent the organization of the Civil society to participate in any subsequent public call.

§ 3 It is prohibited to condition the carrying out of a public call or the celebration of Partnership to the prior completion of the Social Interest Expression Procedure. (Included by Law No. 13,204, of 2015)

Section VII

Of Work plan

Art. 22. It must be included in the Work plan, without prejudice to the modality of Partnership adopted:

Art. 22. It must be included in the Work plan of partnerships celebrated through Collaboration Term or promotion: (Wording given by Law No. 13,204, of 2015)

I – diagnosis of the reality that will be Object of the activities of Partnership, and the link between this reality and the activities or goals to be achieved must be demonstrated;

I – description of the reality that will be Object from the Partnership, and the link between this reality and the activities or projects and goals to be achieved must be demonstrated; (Wording given by Law No. 13,204, of 2015)

II – detailed description of quantitative and measurable goals to be achieved and activities to be carried out, and it must be clear, precise and detailed what is intended to be achieved or obtained, as well as what means will be used to achieve this;

II – description of goals to be achieved and activities or projects to be carried out; (Wording given by Law No. 13,204, of 2015)

II-A – forecast of revenue and expenses to be incurred in carrying out the activities or projects covered by the Partnership; (Included by Law No. 13,204, of 2015)

III – deadline for carrying out activities and achieving goals;

III – method of carrying out activities or projects and meeting the goals linked to them; (Wording given by Law No. 13,204, of 2015)

IV – definition of indicators, qualitative and quantitative, to be used to measure achievement of goals;

IV – definition of the parameters to be used to measure compliance with the goals. (Wording given by Law No. 13,204, of 2015)

V – elements that demonstrate the compatibility of costs with prices charged in the market or with other partnerships of the same nature, and there must be elements indicative of the measurement of these costs, such as: quotations, price lists from professional associations, specialized publications or any other sources of information available to the public;

V – (revoked) ; (Wording given by Law No. 13,204, of 2015)

VI – application plan for the resources to be disbursed by the public administration;

SAW - (revoked) ; (Wording given by Law No. 13,204, of 2015)

VII – estimate of amounts to be collected for Payment of social security and labor charges for people directly involved in achieving the Object, during the proposed validity period;

VII – (revoked) ; (Wording given by Law No. 13,204, of 2015)

VIII – values to be transferred, through Disbursement Schedule compatible with the expenses of the stages linked to the physical schedule goals;

VIII – (revoked) ; (Wording given by Law No. 13,204, of 2015)

IX – method and periodicity of accountability, compatible with the period of completion of the stages linked to the goals and the period of validity of the Partnership, not allowing frequency exceeding 1 (one) year or that makes physical verification of compliance with the Object;

IX – (revoked) ; (Wording given by Law No. 13,204, of 2015)

X – deadlines for analysis of the Accountability by the public administration responsible for Partnership.

X – (revoked) . (Wording given by Law No. 13,204, of 2015)

Single paragraph. Each federated entity will establish, according to its reality, the maximum amount that can be transferred in a single installment for the execution of the Partnership, which must be justified by the public administrator in the Work plan.

Single paragraph. (Revoked) . (Wording given by Law No. 13,204, of 2015)

Section VIII

From the Public Call

Art. 23. The public administration must adopt clear, objective, simplified and, whenever possible, standardized procedures that guide interested parties and facilitate direct access to public administration bodies, regardless of the type of Partnership provided for in this Law.

Art. 23. The public administration must adopt clear, objective and simplified procedures that guide interested parties and facilitate direct access to its bodies and decision-making bodies, regardless of the type of Partnership provided for in this Law. (Wording given by Law No. 13,204, of 2015)

Single paragraph. Whenever possible, the public administration will establish standardized criteria and indicators to be followed, especially regarding the following characteristics:

Single paragraph. Whenever possible, the public administration will establish criteria to be followed, especially regarding the following characteristics: (Wording given by Law No. 13,204, of 2015)

I – objects;

II – goals;

III – methods;

III – (revoked) ; (Wording given by Law No. 13,204, of 2015)

IV – costs;

V – Work plan;

V – (revoked) ; (Wording given by Law No. 13,204, of 2015)

VI – quantitative and qualitative indicators for evaluating results.

VI – indicators, quantitative or qualitative, for evaluating results. (Wording given by Law No. 13,204, of 2015)

Art. 24. To conclude the partnerships provided for in this Law, the public administration must carry out a public call to select organizations from the Civil society that makes the execution of the Object.

Art. 24. Except in the cases provided for in this Law, the execution of Collaboration Term or development will be preceded by a public call aimed at selecting organizations from the Civil society that make the execution of the Object. (Wording given by Law No. 13,204, of 2015)

§ 1 Notice of the public call will specify, at a minimum:

I – the budgetary programming that authorizes and grounds the celebration of the Partnership;

I – the budgetary programming that authorizes and enables the celebration of the Partnership; (Wording given by Law No. 13,204, of 2015)

II – the type of Partnership to be celebrated;

II – (revoked) ; (Wording given by Law No. 13,204, of 2015)

III – the Object from the Partnership;

IV – the dates, deadlines, conditions, place and form of presentation of proposals;

V – the dates and objective criteria for selection and judgment of proposals, including with regard to the scoring methodology and the weight attributed to each of the established criteria, if applicable;

V – the dates and criteria for selection and judgment of proposals, including with regard to the scoring methodology and the weight attributed to each of the established criteria, if applicable; (Wording given by Law No. 13,204, of 2015)

VI – the estimated value for carrying out the Object;

VII – the requirement that the organization of the Civil society possess:

a) at least 3 (three) years of existence, with active registration, proven through documentation issued by the Federal Revenue Service of Brazil, based on the National Register of Legal Entities – CNPJ;

b) previous experience in effectively carrying out the Object from the Partnership or of a similar nature;

c) technical and operational capacity to carry out the planned activities and achieve the established goals.

VII – (revoked) ; (Wording given by Law No. 13,204, of 2015)

The) (revoked) ; (Wording given by Law No. 13,204, of 2015)

B) (revoked) ; (Wording given by Law No. 13,204, of 2015)

w) (revoked) ; (Wording given by Law No. 13,204, of 2015)

VIII – the conditions for filing an administrative appeal; (Included by Law No. 13,204, of 2015)

IX – the draft of the instrument through which the agreement will be celebrated Partnership; (Included by Law No. 13,204, of 2015)

IX – the draft of the instrument through which the agreement will be celebrated Partnership; (Wording given by Law No. 13,204, of 2015)

X – according to the characteristics of the Object from the Partnership, accessibility measures for people with disabilities or reduced mobility and the elderly. (Included by Law No. 13,204, of 2015)

X – according to the characteristics of the Object from the Partnership, accessibility measures for people with disabilities or reduced mobility and the elderly. (Wording given by Law No. 13,204, of 2015)

§ 2 It is prohibited to admit, foresee, include or tolerate, in the acts of call, clauses or conditions that compromise, restrict or frustrate their competitive nature and establish preferences or distinctions due to the natural origin, headquarters or domicile of the competitors or any other circumstance impertinent or irrelevant to the specific Object from the Partnership.

§ 2 It is prohibited to admit, foresee, include or tolerate, in the notices of call, clauses or conditions that compromise, restrict or frustrate its competitive nature as a result of any impertinent or irrelevant circumstance to the specific Object from the Partnership, admitted: (Wording given by Law No. 13,204, of 2015)

I – the selection of proposals presented exclusively by competitors based or with active and recognized representation in the Federation unit where the project will be carried out Object from the Partnership; (Included by Law No. 13,204, of 2015)

II – the establishment of a clause that delimits the territory or scope of the provision of activities or the execution of projects, as established in sectoral policies. (Included by Law No. 13,204, of 2015)

Art. 25. Networking for the execution of initiatives that combine small projects is permitted by 2 (two) or more organizations in the Civil society, maintaining the full responsibility of the organization celebrating the Development Term or collaboration, provided that: (Repealed by Law No. 13,204, of 2015)

I – this possibility is authorized in the Notice of the public call and the form of action is provided for in the Work plan; (Repealed by Law No. 13,204, of 2015)

II – the organization of Civil society responsible for Development Term and/or collaboration has: (Repealed by Law No. 13,204, of 2015)

a) more than 5 (five) years of registration with the CNPJ; (Repealed by Law No. 13,204, of 2015)

b) more than 3 (three) years of experience working in a network, proven in the manner provided for in Notice; It is (Repealed by Law No. 13,204, of 2015)

c) technical and operational capacity to directly supervise and guide the performance of the organization that is working with it in a network; (Repealed by Law No. 13,204, of 2015)

III – the minimum performance limit provided for in Notice regarding the execution of the Work plan which is up to the organization of the Civil society celebrant of Development Term and collaboration; (Repealed by Law No. 13,204, of 2015)

IV – the organization of Civil society executor and non-celebrator of the Development Term or collaboration proves legal and fiscal regularity, in accordance with the regulations; (Repealed by Law No. 13,204, of 2015)

V – be communicated to the public administration, at the time of signing the Development Term or collaboration, the relationship between the organizations in the Civil society performers and non-celebrators of the Development Term or collaboration. (Repealed by Law No. 13,204, of 2015)

Single paragraph. The relationship of organizations in the Civil society performers and non-celebrators of the Development Term or collaboration referred to in item V of caput It cannot be changed without the prior consent of the public administration, and any changes cannot fail to comply with the requirements set out in this article. (Repealed by Law No. 13,204, of 2015)

Art. 26. Notice it must be widely publicized on the official website of the body or entity on the internet.

Art. 26. Notice It must be widely publicized on the official public administration website, at least thirty days in advance. (Wording given by Law No. 13,204, of 2015)

Single paragraph. Legal entities governed by internal public law and personalized administration entities will be able to create a single portal on the internet that brings together information on all partnerships entered into by them, as well as published notices.

Single paragraph. (Revoked) . (Wording given by Law No. 13,204, of 2015)

Art. 27. The degree of adequacy of the proposal to the specific objectives of the Program or action in which the type of Partnership and the reference value contained in the public call is a mandatory judgment criterion.

Art. 27. The degree of adequacy of the proposal to the specific objectives of the Program or the action in which the Object from the Partnership and, when applicable, the reference value contained in the call constitutes a mandatory judgment criterion. (Wording given by Law No. 13,204, of 2015)

§ 1 Proposals will be judged by a Commission of selection previously designated, under the terms of this Law.

§ 1 Proposals will be judged by a Commission of selection previously designated, under the terms of this Law, or constituted by the respective council Manager, if the Project is financed with resources from specific funds. (Wording given by Law No. 13,204, of 2015)

§ 2º You will be prevented from participating in the Commission of selection person who, in the last 5 (five) years, has maintained a legal relationship with at least 1 (one) of the entities in dispute.

§ 2º You will be prevented from participating in the Commission of selection person who, in the last five years, has maintained a legal relationship with at least one of the entities participating in the public call. (Wording given by Law No. 13,204, of 2015)

§ 3 Once the impediment provided for in § 2 has occurred, a replacement member must be appointed who has qualifications equivalent to that of the person being replaced.

§ 4 The public administration will approve and publish the result of the trial on the official website of the public administration on the internet or equivalent official website.

§ 4 The public administration will approve and publish the result of the trial on the website provided for in art. 26. (Wording given by Law No. 13,204, of 2015)

§ 5 The selection of a proposal that is not the most appropriate to the reference value contained in the public call will be justified. (Included by Law No. 13,204, of 2015)

§ 6 Homologation does not generate rights for the organization of Civil society to the celebration of Partnership. (Included by Law No. 13,204, of 2015)

Art. 28. Only after the competitive stage has ended and the proposals have been ordered, the public administration will proceed to verify the documents that prove the service provided by the organization of the Civil society selected from the requirements set out in item VII of § 1 of art. 24.

Art. 28. Only after the competitive stage has ended and the proposals have been ordered, the public administration will proceed to verify the documents that prove the service provided by the organization of the Civil society selected from the requirements set out in arts. 33 and 34. (Wording given by Law No. 13,204, of 2015)

§ 1 In the event that the organization of the Civil society selected does not meet the requirements set out in item VII of § 1 of art. 24, the one immediately best classified will be invited to accept the celebration of Partnership under the same terms offered by the disqualified competitor.

§ 1 In the event that the organization of the Civil society selected does not meet the requirements set out in arts. 33 and 34, the one immediately best classified may be invited to accept the celebration of Partnership in accordance with the proposal presented by it. (Wording given by Law No. 13,204, of 2015)

§ 2º If the organization of the Civil society invited under the terms of § 1 of this article agrees to celebrate the Partnership, the documents that prove compliance with the requirements set out in item VII of § 1 of art. 24.

§ 2º If the organization of the Civil society invited under the terms of § 1 agrees to celebrate the Partnership, the documents that prove compliance with the requirements set out in arts. 33 and 34. (Wording given by Law No. 13,204, of 2015)

§ 3º The procedure of §§ 1º and 2º will be followed successively until the selection foreseen in the Notice.

§ 3 (Revoked) . (Wording given by Law No. 13,204, of 2015)

Art. 29. Except in the cases expressly provided for in this Law, the execution of any type of Partnership will be preceded by a public call.

Art. 29. Terms of collaboration or promotion that involve resources resulting from parliamentary amendments to annual budget laws and cooperation agreements will be celebrated without a public call, except, in relation to cooperation agreements, when the Object involve the celebration of lending, Donation of assets or other form of sharing of patrimonial resources, in which case the respective public call will comply with the provisions of this Law. (Wording given by Law No. 13,204, of 2015)

Art. 30. The public administration may waive the public call:

I – in the case of urgency arising from the stoppage or imminent stoppage of activities of relevant public interest carried out within the scope of Partnership already concluded, limited to the validity of the new Partnership within the term of the original term, as long as the classification order of the public call is met, the same conditions offered by the organization of the call are maintained and accepted. Civil society winner of the contest;

I – in the case of urgency arising from the stoppage or imminent stoppage of activities of relevant public interest, for a period of up to one hundred and eighty days; (Wording given by Law No. 13,204, of 2015)

II – in cases of war or serious disturbance of public order, to sign Partnership with organizations from Civil society that develop activities of a continuous nature in the areas of social assistance, health or education, that provide direct service to the public and that have certification as a charitable social assistance entity, in accordance with the terms of Law No. 12,101, of November 27, 2009;

II – in cases of war, public calamity, serious disturbance of public order or threat to social peace; (Wording given by Law No. 13,204, of 2015)

III – when it comes to carrying out Program protection for people under threat or in situations that could compromise their safety;

IV – (VETOED).

V – (VETOED); (Included by Law No. 13,204, of 2015)

VI – in the case of activities aimed at or linked to education, health and social assistance services, as long as they are carried out by organizations within the Civil society previously accredited by the body Manager of the respective policy. (Included by Law No. 13,204, of 2015)

Art. 31. The public call will be considered unenforceable in the event of unfeasibility of competition between the organizations of the Civil society, due to the unique nature of the Object of Work plan or when goals can only be achieved by a specific entity.

Art. 31. The public call will be considered unenforceable in the event of unfeasibility of competition between the organizations of the Civil society, due to the unique nature of the Object from the Partnership or if the goals can only be achieved by a specific entity, especially when: (Wording given by Law No. 13,204, of 2015)

I – o Object from the Partnership constitute a task provided for in an international agreement, act or commitment, in which the institutions that will use the resources are indicated; (Included by Law No. 13,204, of 2015)

II – a Partnership during the transfer to the organization of the Civil society that is authorized by law in which the beneficiary entity is expressly identified, including when it concerns the Grant provided for in the item I of § 3 of art. 12 of Law No. 4,320, of March 17, 1964, observed the provisions of the art. 26 of Complementary Law No. 101, of May 4, 2000. (Included by Law No. 13,204, of 2015)

Art. 32. In the cases of arts. 30 and 31 of this Law, the absence of a selection process will be justified in detail by the public administrator.

Art. 32. In the cases of arts. 30 and 31 of this Law, the absence of a public call will be justified by the public administrator. (Wording given by Law No. 13,204, of 2015)

§ 1 Under penalty of nullity of the act of formalization of Partnership provided for in this Law, the extract of justification provided for in caput of this article must be published at least 5 (five) days before this formalization, on a page of the official website of the public administration on the internet and, eventually, at the discretion of the public administrator, also in the official advertising medium of the public administration, in order to ensure broad and effective Transparency.

§ 1 Under penalty of nullity of the act of formalization of Partnership provided for in this Law, the extract of justification provided for in caput it must be published, on the same date it is effective, on the public administration's official website and, eventually, at the discretion of the public administrator, also in the public administration's official advertising medium. (Wording given by Law No. 13,204, of 2015)

§ 2º The objection to the justification is permitted, as long as it is presented before the celebration of the Partnership, the content of which must be analyzed by the responsible public administrator.

§ 2 The objection to the justification is permitted, presented within five days of its publication, the content of which must be analyzed by the responsible public administrator within five days of the date of the respective protocol. (Wording given by Law No. 13,204, of 2015)

§ 3 If there is any basis for the objection, the act that declared the exemption or considered the public call unenforceable will be revoked, and the procedure for carrying out the public call will be immediately initiated, as the case may be.

§ 4º The exemption and non-requirement of public call, as well as the provisions of art. 29, do not exclude the application of the other provisions of this Law. (Included by Law No. 13,204, of 2015)

Section IX

Of the Requirements for Celebrating the Collaboration Term It's from Development Term

Art. 33. In order to enter into the partnerships provided for in this Law, organizations in the Civil society must be governed by statutes whose rules expressly provide for:

Art. 33. To celebrate the partnerships provided for in this Law, organizations of the Civil society must be governed by internal organization rules that expressly provide for: (Wording given by Law No. 13,204, of 2015)

I – objectives aimed at promoting activities and purposes of public and social relevance;

II – the constitution of a fiscal council or equivalent body, with the power to give an opinion on financial and accounting performance reports and on the asset operations carried out; (Repealed by Law No. 13,204, of 2015)

III – the provision that, in the event of dissolution of the entity, the respective net assets will be transferred to another legal entity of the same nature that meets the requirements of this Law and whose Object is, preferably, the same as that of the extinct entity;

III – that, in the event of dissolution of the entity, the respective net assets are transferred to another legal entity of the same nature that meets the requirements of this Law and whose Object is, preferably, the same as that of the extinct entity; (Wording given by Law No. 13,204, of 2015)

IV – standards of Accountability to be observed by the entity, which will determine, at a minimum:

IV – bookkeeping in accordance with fundamental accounting principles and Brazilian Accounting Standards; (Wording given by Law No. 13,204, of 2015)

a) compliance with fundamental accounting principles and Brazilian Accounting Standards;

a) (revoked); (Wording given by Law No. 13,204, of 2015)

b) that the activity report and financial statements of the entity be publicized, by any effective means, at the end of the fiscal year, including negative certificates of debts with Social Security and the Bottom in Guarantee of Service Time – FGTS, making them available for examination by any citizen.

b) (repealed); (Wording given by Law No. 13,204, of 2015)

V – possess: (Included by Law No. 13,204, of 2015)

a) at least one, two or three years of existence, with active registration, proven through documentation issued by the Federal Revenue Secretariat of Brazil, based on the National Register of Legal Entities – CNPJ, according, respectively, to Partnership whether celebrated within the scope of the Municipalities, the Federal District or the States and the Union, the reduction of these deadlines by a specific act of each entity is permitted in the event that no organization reaches them; (Included by Law No. 13,204, of 2015)

b) previous experience in effectively carrying out the Object from the Partnership or of a similar nature; (Included by Law No. 13,204, of 2015)

c) facilities, material conditions and technical and operational capacity for the development of activities or projects foreseen in the Partnership and compliance with established goals. (Included by Law No. 13,204, of 2015)

Single paragraph . They will be exempt from complying with the provisions of item III of the caput autonomous social services recipients of employer contributions levied on the payroll.

§ 1 When concluding cooperation agreements, only the requirement set out in item I will be required. (Included by Law No. 13,204, of 2015)

§ 2 Religious organizations will be exempt from complying with the provisions of items I and III. (Included by Law No. 13,204, of 2015)

§ 3 Cooperative societies must meet the requirements set out in specific legislation and the provisions of section IV, being exempt from meeting the requirements set out in sections I and III. (Included by Law No. 13,204, of 2015)

§ 4 (VETOED). (Included by Law No. 13,204, of 2015)

§ 5º For the purposes of complying with the provisions of paragraph w of item V, demonstration of prior installed capacity will not be necessary. (Included by Law No. 13,204, of 2015)

Art. 34. To enter into the partnerships provided for in this Law, organizations of the Civil society must present:

I – proof of ownership or legitimate possession of the property, if necessary for the execution of the Object agreed;

I – (revoked); (Wording given by Law No. 13,204, of 2015)

II – certificates of fiscal, social security, tax, contributions and active debt regularity, in accordance with the applicable legislation of each federated entity;

III – certificate of legal existence issued by the civil registry office or copy of the registered statute and any changes;

III – certificate of legal existence issued by the civil registry office or copy of the registered statute and any changes or, in the case of a company Cooperative, simplified certificate issued by a commercial board; (Wording given by Law No. 13,204, of 2015)

IV – document that highlights the situation of the entity’s facilities and material conditions, when these facilities and conditions are necessary to carry out the Object agreed;

IV – (revoked); (Wording given by Law No. 13,204, of 2015)

V – copy of the board election minutes Manager current;

VI – updated nominal list of the entity's directors, with address, number and body issuing the identity card and registration number in the Individual Taxpayer Registry – CPF of the Brazilian Federal Revenue Secretariat – RFB of each of them;

VII – copy of document proving that the organization of the Civil society works at the address registered in the National Register of Legal Entities – CNPJ of the Brazilian Federal Revenue Secretariat – RFB;

VII – proof that the organization of the Civil society works at the address declared by it; (Wording given by Law No. 13,204, of 2015)

VIII – purchasing and contracting regulations, own or third party, approved by the celebrating public administration, which establishes, at a minimum, the observance of the principles of legality, morality, good faith, probity, impersonality, economy , efficiency, equality, publicity, reasonableness and objective judgment and the permanent search for quality and durability.

VIII – (revoked). (Wording given by Law No. 13,204, of 2015)

Single paragraph. (VETOED):

I – (VETOED);

II – (VETOED);

III – (VETOED).

Art. 35. The celebration and formalization of the Collaboration Term It's from Development Term will depend on the adoption of the following measures by the public administration:

I – carrying out a public call, except in the cases provided for in this Law;

II – express indication of the existence of prior Budget Allocation for carrying out the Partnership;

III – demonstration that the institutional objectives and purposes and the technical and operational capacity of the organization Civil society have been evaluated and are compatible with the Object;

IV – approval of the Work plan, to be presented in accordance with this Law;

V – issuance of Seem of a technical body of public administration, which must expressly express its opinion regarding:

a) the merit of the proposal, in accordance with the type of Partnership adopted;

b) the identity and reciprocity of interest of the parties in carrying out, in mutual cooperation, the Partnership provided for in this Law;

c) the feasibility of its execution, including with regard to estimated values, which must be compatible with market prices;

d) checking the Disbursement Schedule provided for in the Work plan, and whether it is adequate and allows for effective supervision;

c) the feasibility of its execution; (Wording given by Law No. 13,204, of 2015)

d) checking the Disbursement Schedule; (Wording given by Law No. 13,204, of 2015)

e) description of the available means to be used to monitor the execution of the Partnership, as well as the procedures that must be adopted to evaluate physical and financial execution, in compliance with goals and objectives;

f) the description of minimum elements of conviction and means of proof that will be accepted by the public administration in the Accountability;

f) (Revoked); (Wording given by Law No. 13,204, of 2015)

g) the designation of the Manager from the Partnership;

h) the designation of the Commission in Monitoring and Evaluation from the Partnership;

i) approval of the purchasing and contracting regulations presented by the organization of the Civil society, demonstrating the compatibility between the chosen alternative and the nature and value of the Object from the Partnership, the nature and value of the services, and purchases subject to contracting, as approved in the Work plan;

VI – issuance of Seem legal advisory body or legal consultancy of the public administration regarding the possibility of concluding the Partnership, in compliance with the rules of this Law and specific legislation.

i) (Revoked); (Wording given by Law No. 13,204, of 2015)

VI – issuance of Seem legal advisory body or legal consultancy of the public administration regarding the possibility of concluding the Partnership. (Wording given by Law No. 13,204, of 2015)

§ 1º It will not be required Counterpart financial as a requirement for entering into Partnership, providing the requirement for Counterpart into economically measurable goods and services.

§ 2º If the Seem technician or Seem legal provisions dealt with, respectively, in items V and VI of the caput of this article concludes that it is possible to celebrate the Partnership with reservations, the public administrator must comply with what has been reserved or, through a formal act, justify the reasons why he failed to do so.

§ 1º It will not be required Counterpart financial as a requirement for entering into Partnership, providing the requirement for Counterpart in goods and services whose monetary expression will be obligatorily identified in the Collaboration Term or promotion. (Wording given by Law No. 13,204, of 2015)

§ 2º If the Seem technician or Seem legal provisions referred to, respectively, in sections V and VI conclude that the possibility of concluding the Partnership with reservations, the public administrator must remedy the qualified aspects or, through a formal act, justify the preservation of these aspects or their exclusion. (Wording given by Law No. 13,204, of 2015)

§ 3 In the event that the Manager from the Partnership ceases to be a public agent or is assigned to another body or entity, the public administrator must appoint a new Manager, assuming, until this occurs, all the obligations of the Manager, with respective responsibilities.

§ 4 It must be expressly stated in the instrument of Partnership or its annex that the organization of the Civil society complies with the requirements contained in item VII of § 1 of art. 24 of this Law.

§ 4 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 5º If the organization of the Civil society acquire permanent equipment and materials with resources from the celebration of Partnership, the asset will be recorded with an inalienability clause, and she must formalize a promise to transfer the property to the public administration, in the event of its extinction.

§ 6º You will be prevented from participating as Manager from the Partnership or as a member of Commission in Monitoring and Evaluation person who, in the last 5 (five) years, has maintained a legal relationship with at least 1 (one) of the organizations of the Civil society participants.

§ 7º Once the impediment of § 6º has been configured, it must be designated Manager or replacement member who has technical qualifications equivalent to that of the person being replaced.

Art. 35-A. Networking is permitted by two or more organizations within the Civil society, maintaining the full responsibility of the organization celebrating the Development Term or collaboration, as long as the organization of the Civil society signatory of Development Term or collaboration has: (Included by Law No. 13,204, of 2015)

I – more than five years of registration with the CNPJ; (Included by Law No. 13,204, of 2015)

II – technical and operational capacity to directly supervise and guide the performance of the organization that is working with it in a network. (Included by Law No. 13,204, of 2015)

Single paragraph. The organization of Civil society who sign the Collaboration Term or of development must sign a network operation agreement to transfer resources to non-celebrators, being obliged to, at the time of the respective formalization: (Included by Law No. 13,204, of 2015)

I – verify, under the terms of the regulation, the legal and fiscal regularity of the organization executing and not celebrating the Collaboration Term or the Development Term, and must prove this verification in the Accountability; (Included by Law No. 13,204, of 2015)

II – communicate to the public administration within sixty days the signing of the network operation agreement. (Included by Law No. 13,204, of 2015)

Art. 36. It will be mandatory to stipulate the destination to be given to Remaining Assets from the Partnership.

Single paragraph. You Remaining Assets acquired with transferred resources may, at the discretion of the public administrator, be donated when, after achieving the Object, are not necessary to ensure the continuity of the Object agreed, observing the provisions of the respective term and current legislation.

Art. 37. The organization of Civil society will indicate at least 1 (one) Manager which will be jointly responsible for carrying out activities and meeting the goals agreed upon in the Partnership, and this indication must appear in the instrument of Partnership.

Art. 37. (Revoked). (Wording given by Law No. 13,204, of 2015)

Art. 38. Development Term and the Collaboration Term They will only produce legal effects after the publication of the respective extracts in the public administration's official advertising medium.

Art. 38. Development Term, O Collaboration Term and the cooperation agreement will only produce legal effects after the publication of the respective extracts in the public administration's official advertising medium. (Wording given by Law No. 13,204, of 2015)

Section X

Das Vedações

Art. 39. You will be prevented from entering into any form of Partnership provided for in this Law, the organization of Civil society what:

I – is not regularly constituted or, if foreign, is not authorized to operate in the national territory;

II – is omitted in the duty to account for Partnership previously celebrated;

III – have as Manager political agent of Power or the Public Ministry, Manager of a public administration body or entity at any governmental level, or respective spouse or partner, as well as a direct, collateral or affinity relative, up to the second degree;

IV – has had accounts rejected by the public administration in the last 5 (five) years, until the irregularity that led to the rejection has been remedied and the debts that may have been attributed to it have not been paid off, or the decision for rejection has been reconsidered or revised;

III – have as Manager member of Power or the Public Ministry, or Manager of a public administration body or entity from the same government sphere in which the agreement will be celebrated Collaboration Term or of development, extending the prohibition to their respective spouses or partners, as well as direct, collateral or affinity relatives, up to the second degree; (Wording given by Law No. 13,204, of 2015)

IV – has had its accounts rejected by the public administration in the last five years, unless: (Wording given by Law No. 13,204, of 2015)

a) the irregularity that led to the rejection has been remedied and any outstanding debts have been paid; (Included by Law No. 13,204, of 2015)

b) the decision to reject is reconsidered or revised; (Included by Law No. 13,204, of 2015)

c) the Appreciation of the accounts is pending a decision on an appeal with suspensive effect; (Included by Law No. 13,204, of 2015)

V – has been punished with one of the following sanctions, for the period that the penalty lasts:

a) suspension of participation in bidding and impediment of contracting with the administration;

b) declaration of unsuitability to bid or contract with the public administration;

c) that provided for in item II of art. 73 of this Law;

d) that provided for in item III of art. 73 of this Law;

VI – has had accounts of Partnership judged irregular or rejected by a Court or Board of Auditors at any level of the Federation, in a non-appealable decision, in the last 8 (eight) years;

VII – have among your directors the following person:

a) whose accounts relating to partnerships have been judged irregular or rejected by a Court or Accounts Council at any level of the Federation, in an unappealable decision, in the last 8 (eight) years;

b) judged responsible for serious misconduct and disqualified from holding office in Commission or trust function, for the duration of the disqualification;

c) considered responsible for an act of improbity, while the deadlines established in the items I, II and III of art. 12 of Law No. 8,429, of June 2, 1992.

§ 1 In the cases of this article, the transfer of new resources within the scope of ongoing partnerships is also prohibited, except in cases of essential services that cannot be postponed under penalty of harm to the treasury or the population, as long as it is preceded by an express and substantiated authorization from the Manager maximum authority of the public administration body or entity, under penalty of joint and several liability.

§ 2º In any of the hypotheses provided for in the caput, the impediment to celebrate Partnership until there is compensation for the damage to the public treasury, for which the organization of the Civil society or your Manager.

§ 3º The prohibition provided for in item III of the caput of this article, with regard to having as Manager political agent of Power, does not apply to autonomous social services recipients of employer contributions levied on the payroll.

§ 3 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 4º For the purposes of the provisions of paragraph The of item IV and § 2, debts arising from delays in the release of transfers by the public administration or which have been Object payment in installments, if the organization of the Civil society is in good standing on the installment plan. (Included by Law No. 13,204, of 2015)

§ 5 The prohibition provided for in section III does not apply to the conclusion of partnerships with entities that, by their very nature, are constituted by the authorities referred to in that section, and the same person is prohibited from appearing in the Collaboration Term, at the Development Term or in the cooperation agreement simultaneously as Manager and public administrator. (Included by Law No. 13,204, of 2015)

§ 6 Members of rights and public policy councils are not considered members of Power. (Included by Law No. 13,204, of 2015)

Art. 40. It is prohibited to enter into partnerships provided for in this Law that are Object, involve or include, directly or indirectly:

I – delegation of regulatory, supervisory functions, the exercise of police power or other activities exclusive to the State;

II – Services provision or activities whose target is the State's administrative apparatus.

Single paragraph. It is also prohibited to be Object in Partnership:

I – the hiring of consultancy services, with or without Product determined;

II – administrative support, with or without provision of personnel, supply of consumable materials or other goods.

Art. 40. It is prohibited to enter into partnerships provided for in this Law that are Object, involve or include, directly or indirectly, delegation of the functions of regulation, supervision, exercise of police power or other exclusive activities of the State. (Wording given by Law No. 13,204, of 2015)

I – (revoked); (Wording given by Law No. 13,204, of 2015)

II – (revoked). (Wording given by Law No. 13,204, of 2015)

Single paragraph. (Revoked): (Wording given by Law No. 13,204, of 2015)

I – (revoked); (Wording given by Law No. 13,204, of 2015)

II – (revoked). (Wording given by Law No. 13,204, of 2015)

Art. 41. The creation of other types of Partnership or the combination of those provided for in this Law.

Single paragraph. The hypothesis of caput does not harm management contracts and terms of Partnership governed, respectively, by the Law No. 9,637, of May 15, 1998, It is 9,790, of March 23, 1999.

Art. 41. Subject to the provisions of art. 3 and in the sole paragraph of art. 84, partnerships between the public administration and the entities referred to in section I of art. 2nd. (Wording given by Law No. 13,204, of 2015)

Single paragraph. (Revoked). (Wording given by Law No. 13,204, of 2015)

CHAPTER III

FORMALIZATION AND IMPLEMENTATION

Section I

Preliminary Provisions

Art. 42. Partnerships will be formalized through the signing of Collaboration Term or of Development Term, as appropriate, which will have the following essential clauses:

Art. 42. Partnerships will be formalized through the signing of Collaboration Term, in Development Term or cooperation agreement, as applicable, which will have the following essential clauses: (Wording given by Law No. 13,204, of 2015)

I – description of the Object agreed;

II – the obligations of the parties;

III – the total value of the transfer and the Disbursement Schedule;

IV – the budgetary classification of the expense, mentioning the number, date of Note of Commitment and the declaration that, in additive terms, the credits and commitments to cover them will be indicated for each portion of the expense to be transferred in a future year;

Go Counterpart, when applicable, and the way in which they are measured in goods and/or services necessary to achieve the Object;

III – when applicable, the total value and the Disbursement Schedule; (Wording given by Law No. 13,204, of 2015)

IV – (revoked); (Wording given by Law No. 13,204, of 2015)

Go Counterpart, when applicable, observing the provisions of § 1 of art. 35; (Wording given by Law No. 13,204, of 2015)

VI – the validity and possibilities of extension;

VII – the obligation to render accounts with definition of form and deadlines;

VII – the obligation to provide accounts with definition of form, methodology and deadlines; (Wording given by Law No. 13,204, of 2015)

VIII – the form of Monitoring and Evaluation, with an indication of the human and technological resources that will be used in the activity or, if applicable, an indication of the participation of technical support under the terms set out in § 1 of art. 58 of this Law;

IX – the obligation to refund resources, in the cases provided for in this Law;

X – the definition, if applicable, of ownership of the remaining assets and rights on the date of completion or termination Partnership and which, as a result, have been acquired, produced or transformed with resources transferred by the public administration;

XI – the estimate of financial investment and the ways in which the resources invested will be allocated;

XII – the prerogative of the body or entity transferring financial resources to assume or transfer responsibility for the execution of the Object, in the event of a stoppage or the occurrence of a material fact, in order to avoid its discontinuity;

XIII – the provision that, in the event of cancellation of Remains to Pay, the quantity can be reduced to the stage that presents functionality;

XIV – the obligation of organizing the Civil society maintain and move resources in the company's specific bank account Partnership in a financial institution indicated by the public administration;

XV – free access for employees of bodies or public entities that transfer resources, Internal control and the Court of Auditors corresponding to the processes, documents, information relating to transfer instruments regulated by this Law, as well as the places of execution of the Object;

X – the definition, if applicable, of ownership of the remaining assets and rights on the date of completion or termination Partnership and that, due to their execution, have been acquired, produced or transformed with resources transferred by the public administration; (Wording given by Law No. 13,204, of 2015)

XI – (revoked); (Wording given by Law No. 13,204, of 2015)

XII – the prerogative attributed to the public administration to assume or transfer responsibility for the execution of the Object, in the event of a stoppage, in order to avoid its discontinuity; (Wording given by Law No. 13,204, of 2015)

XIII – (revoked); (Wording given by Law No. 13,204, of 2015)

XIV – when applicable, the obligation of the organization of the Civil society maintain and move resources in a specific bank account, in compliance with the provisions of art. 51; (Wording given by Law No. 13,204, of 2015)

XV – free access for public administration agents, Internal control and the Court of Auditors corresponding to the processes, documents and information related to terms of collaboration or terms of development, as well as the places of execution of the respective Object; (Wording given by Law No. 13,204, of 2015)

XVI – the power of the participants to terminate the instrument, at any time, with the respective conditions, sanctions and clear delimitations of responsibilities, in addition to the stipulation of a minimum period of advance notice for publicizing this intention, which cannot be less than 60 (sixty) days;

XVII – the indication of the forum to resolve doubts arising from the execution of the Partnership, establishing the obligation of a prior attempt at an administrative solution with the participation of the Attorney General's Office, in case the participants are from the federal sphere, direct or indirect administration, in accordance with the terms of art. 11 of Provisional Measure nº 2,180-35, of August 24, 2001;

XVIII – the obligation to organize the Civil society insert a clause in the contract you sign with a supplier of goods or services for the purpose of executing the Object from the Partnership, which allows free access by civil servants or employees of public bodies or entities that transfer public resources, as well as control bodies, to the documents and accounting records of the contracted company, under the terms of this Law, except when the contract complies with uniform standards for any and all Contractor;

XVII – the indication of the forum to resolve doubts arising from the execution of the Partnership, establishing the obligation to previously attempt an administrative solution, with the participation of a body responsible for legal advice that is part of the public administration structure; (Wording given by Law No. 13,204, of 2015)

XVIII – (revoked); (Wording given by Law No. 13,204, of 2015)

XIX – the exclusive responsibility of the organization of the Civil society for the administrative and financial management of the resources received, including with regard to funding, investment and personnel expenses;

XX – the exclusive responsibility of the organization of the Civil society for the Payment labor, social security, tax and commercial charges related to the operation of the institution and compliance with the Collaboration Term or development, with no joint or subsidiary liability of the public administration for the respective payments, any encumbrance of the Object from the Partnership or restriction on its execution.

Single paragraph . They will appear as annexes to the instrument of Partnership:

I – o Work plan, which is an integral and inseparable part of it;

II – the purchasing and contracting regulations adopted by the organization of Civil society, duly approved by the partner public administration.

XX – the exclusive responsibility of the organization of the Civil society for the Payment labor, social security, tax and commercial charges related to the execution of the Object provided for in the Collaboration Term or development, not implying joint or secondary liability of the public administration for the organization's default Civil society in relation to the aforementioned Payment, the burdens on the Object from the Partnership or damages resulting from restrictions on its execution. (Wording given by Law No. 13,204, of 2015)

Single paragraph. It will appear as an annex to the Collaboration Term, of Development Term or the cooperation agreement Work plan, which will be an integral and inseparable part of them. (Wording given by Law No. 13,204, of 2015)

I – (revoked); (Wording given by Law No. 13,204, of 2015)

II – (revoked). (Wording given by Law No. 13,204, of 2015)

Section II

Of the Contracts Carried out by the Organizations of the Civil society

Art. 43. The procurement of goods and services by organizations of the Civil society, made with the use of resources transferred by the public administration, must observe the principles of legality, morality, good faith, probity, impersonality, economy, efficiency, equality, publicity, reasonableness and judgment objective and the permanent search for quality and durability, in accordance with the purchasing and contracting regulations approved to achieve the Object from the Partnership. (Repealed by Law No. 13,204, of 2015)

§ 1 The processing of purchases and contracts may be carried out through an electronic system made available by the public administration to organizations in the Civil society, open to the public via the internet, which allows interested parties to formulate proposals. (Repealed by Law No. 13,204, of 2015)

§ 2 The electronic system referred to in § 1 will contain a notification tool for suppliers in the contracting sector who are included in the register referred to in the art. 34 of Law No. 8,666, of June 21, 1993. (Repealed by Law No. 13,204, of 2015)

Art. 44. The administrative and financial management of the resources received is the exclusive responsibility of the organization of the Civil society, including with regard to funding, investment and personnel expenses. (Repealed by Law No. 13,204, of 2015)

§ 1 (VETOED). (Repealed by Law No. 13,204, of 2015)

§ 2º Labor, social security, tax and commercial charges relating to the operation of the institution and compliance with the Collaboration Term or development are the exclusive responsibility of the organizations of the Civil society, with no joint or subsidiary liability of the public administration for the respective payments, any encumbrance of the Object from the Partnership or restriction on its execution. (Repealed by Law No. 13,204, of 2015)

Section III

Expenses

Art. 45. Partnerships must be executed in strict compliance with the agreed clauses, and it is prohibited:

I – incur expenses in the form of administration, management or similar fees;

Art. 45. Expenses related to the execution of the Partnership will be carried out in accordance with items XIX and XX of art. 42, being prohibited: (Wording given by Law No. 13,204, of 2015)

I – use resources for purposes unrelated to the Object from the Partnership; (Wording given by Law No. 13,204, of 2015)

II – pay, in any capacity, public servant or employee with resources linked to the Partnership, except in the cases provided for in specific law and in the budgetary guidelines law;

III – modify the Object, except in the case of expanding goals, as long as the adequacy of the Work plan by public administration;

III – (revoked); (Wording given by Law No. 13,204, of 2015)

IV – (VETOED);

V – use, even if on an emergency basis, resources for purposes other than those established in the Work plan;

VI – incur expenses on a date prior to the validity of the Partnership;

VII – carry out Payment on a date subsequent to the effective date of the Partnership, unless expressly authorized by the competent public administration authority;

VIII – transfer resources to clubs, employee associations, political parties or any similar entities;

IX – incur expenses for:

a) fines, interest or monetary correction, including those relating to payments or collections after the deadlines, unless arising from delays by the public administration in releasing financial resources;

b) advertising, except those provided for in Work plan and directly linked to the Object from the Partnership, of an educational, informative or socially oriented nature, which do not contain names, symbols or images that characterize personal promotion;

w) Payment of personnel Hired by the organization of Civil society that do not meet the requirements of art. 46;

d) works that involve the expansion of the built area or the installation of new physical structures.

V – (revoked); (Wording given by Law No. 13,204, of 2015)

SAW - (revoked); (Wording given by Law No. 13,204, of 2015)

VII – (revoked); (Wording given by Law No. 13,204, of 2015)

VIII – (revoked); (Wording given by Law No. 13,204, of 2015)

IX – (repealed): (Wording given by Law No. 13,204, of 2015)

The) (revoked); (Wording given by Law No. 13,204, of 2015)

B) (revoked); (Wording given by Law No. 13,204, of 2015)

w) (revoked); (Wording given by Law No. 13,204, of 2015)

d) (revoked). (Wording given by Law No. 13,204, of 2015)

Art. 46. They may be paid with resources linked to the Partnership, as long as they are approved in the Work plan, expenses with:

I – Remuneration of the team dimensioned in Work plan, including the organization's own personnel Civil society, during the validity of the Partnership, which may include expenses with tax payments, social contributions, Bottom in Guarantee of Time of Service – FGTS, vacations, thirteenth salary, proportional salaries, severance pay and other social charges, provided that such amounts:

a) correspond to the activities planned to achieve the Object and the technical qualification necessary to perform the function to be performed;

b) are compatible with the market value of the region where it operates and not higher than the ceiling of the Executive Branch;

c) are proportional to the working time actually and exclusively dedicated to the Partnership celebrated;

II – daily allowances for travel, accommodation and food in cases where the execution of the Object from the Partnership demand it;

III – fines and charges linked to delays in fulfilling obligations set out in the work and financial execution plans, as a result of the public administration's failure to release the agreed installments in a timely manner;

Art. 46. Among other expenses, resources linked to the Partnership: (Wording given by Law No. 13,204, of 2015)

I – Remuneration of the team responsible for executing the Work plan, including the organization's own personnel Civil society, during the validity of the Partnership, including expenses with tax payments, social contributions, Bottom in Guarantee of Time of Service – FGTS, vacations, thirteenth salary, proportional salaries, severance pay and other social and labor charges; (Wording given by Law No. 13,204, of 2015)

a) (revoked); (Wording given by Law No. 13,204, of 2015)

b) (repealed); (Wording given by Law No. 13,204, of 2015)

c) (repealed); (Wording given by Law No. 13,204, of 2015)

II – daily allowances for travel, accommodation and food in cases where the execution of the Object from the Partnership demand it; (Wording given by Law No. 13,204, of 2015)

III – indirect costs necessary to execute the project Object, whatever the proportion in relation to the total value of the Partnership; (Wording given by Law No. 13,204, of 2015)

IV – acquisition of permanent equipment and materials essential to achieving the Object and physical space adaptation services, as long as they are necessary for the installation of said equipment and materials.

§ 1º A Remuneration of a work team with resources transferred by the public administration does not generate an employment relationship with the transferring entity.

§ 2º The default of the organization of the Civil society in relation to labor charges does not transfer to the Union the responsibility for their Payment.

§ 3º They will be detailed, in the Work plan, the values of taxes, social contributions, Bottom in Guarantee of Time of Service – FGTS, vacations, thirteenth salary, proportional salaries, severance pay and other social charges levied on the activities planned for the execution of the Object, the responsibility of the entity, to be paid with the resources transferred through the Partnership, during its validity.

§ 4 The provisions of § 3 do not include taxes of a direct and very personal nature that burden the entity.

§ 1 Default by the public administration does not transfer the Civil society the responsibility for Payment of obligations linked to Partnership with its own resources. (Wording given by Law No. 13,204, of 2015)

§ 2º The default of the organization of the Civil society due to delays in the release of transfers related to Partnership cannot result in restrictions on the release of subsequent installments. (Wording given by Law No. 13,204, of 2015)

§ 3 Payment in Remuneration of the team hired by the organization of the Civil society with resources from Partnership does not generate employment ties with public authorities. (Wording given by Law No. 13,204, of 2015)

§ 4 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 5 (VETOED).

Art. 47. Work plan may include the Payment of indirect costs necessary to carry out the Object, in a proportion never exceeding 15% (fifteen percent) of the total value of the Partnership, provided that such costs arise exclusively from its implementation and that: (Repealed by Law No. 13,204, of 2015)

I – are necessary and proportional to compliance with the Object; (Repealed by Law No. 13,204, of 2015)

II – be demonstrated, in the Work plan, the link between the realization of the Object and additional costs paid, as well as the proportionality between the amount paid and the approved cost percentage for carrying out the Object; (Repealed by Law No. 13,204, of 2015)

III – such proportional costs are not paid by any other instrument of Partnership. (Repealed by Law No. 13,204, of 2015)

§ 1 The proportional indirect costs referred to in this article may include internet, transport, rent and telephone expenses, as well as remuneration for accounting and legal advisory services, in accordance with the terms of the caput, whenever they have to Object O Work plan agreed with the public administration. (Repealed by Law No. 13,204, of 2015)

§ 2º Expenses with external audit hired by the organization of the Civil society, even if related to the execution of the Development Term and/or collaboration, cannot be included in the indirect costs covered by the caput of this article. (Repealed by Law No. 13,204, of 2015)

§ 3º The selection and hiring by the organization of the Civil society team involved in executing the Development Term and/or collaboration must observe the principles of public administration set out in caput of art. 37 of the Federal Constitution. (Repealed by Law No. 13,204, of 2015)

§ 4 The organization of Civil society should provide ample Transparency to the amounts paid as Remuneration of your work team linked to the execution of the Development Term or collaboration. (Repealed by Law No. 13,204, of 2015)

§ 5º They will not be able to be entitled to the Remuneration This article deals with natural persons who have been convicted of crimes: (Repealed by Law No. 13,204, of 2015)

I – against public administration or public assets; (Repealed by Law No. 13,204, of 2015)

II – electoral, for which the law imposes a custodial sentence; (Repealed by Law No. 13,204, of 2015)

III – laundering or hiding assets, rights and values. (Repealed by Law No. 13,204, of 2015)

§ 6º Payment in Remuneration of the team hired by the organization of the Civil society with resources allocated by the public administration does not generate an employment relationship with the public authorities. (Repealed by Law No. 13,204, of 2015)

§ 7º The default of the organization of the Civil society in relation to labor, tax and commercial charges does not transfer responsibility for their Payment nor may it encumber the Object of Development Term or collaboration or restrict its execution. (Repealed by Law No. 13,204, of 2015)

§ 8 When indirect costs are also paid by other sources, the organization of the Civil society must present the calculation memory of the apportionment of the expense, prohibiting duplication or overlapping of sources of resources when covering the same portion of indirect costs. (Repealed by Law No. 13,204, of 2015)

Section IV

Release of Resources

Art. 48. The portions of resources transferred within the scope of the Partnership will be released in strict accordance with the Disbursement Schedule approved, except in the following cases, in which they will be retained until the improprieties are remedied:

I – when there are well-founded indications that there has not been good and regular application of the portion previously received, in accordance with the applicable legislation, including when verified in local inspection procedures, carried out periodically by the entity or body transferring the resources and by the bodies of Internal control and external to public administration;

II – when there is a deviation from the purpose in the application of resources, unjustified delays in completing the scheduled stages or phases, practices that violate the fundamental principles of public administration in contracting and other acts carried out in the execution of the Partnership or the failure of the organization of the Civil society in relation to other basic clauses;

III – when the organization of the Civil society fail to adopt the remedial measures indicated by the public administration or by the regulatory bodies Internal control or external.

Art. 48. The portions of resources transferred within the scope of the Partnership will be released in strict accordance with the respective Disbursement Schedule, except in the following cases, in which they will be retained until the improprieties are remedied: (Wording given by Law No. 13,204, of 2015)

I – when there is evidence of irregularity in the application of a previously received installment; (Wording given by Law No. 13,204, of 2015)

II – when a deviation from the purpose in the application of resources or failure by the organization of the Civil society in relation to obligations established in the Collaboration Term or development; (Wording given by Law No. 13,204, of 2015)

III – when the organization of the Civil society fail to adopt without sufficient justification the remedial measures indicated by the public administration or by the regulatory bodies Internal control or external. (Wording given by Law No. 13,204, of 2015)

Art. 49. In case the Work plan and the Disbursement Schedule provide for more than 1 (one) installment of resource transfer, to receive each installment, the organization of the Civil society should:

I – have met the requirements required by this Law to conclude the Partnership;

II – present the Accountability of the previous installment;

III – be in good standing with the execution of the Work plan.

Art. 49. In partnerships whose duration exceeds one year, it is mandatory to Accountability at the end of each exercise. (Wording given by Law No. 13,204, of 2015)

I – (revoked); (Wording given by Law No. 13,204, of 2015)

II – (revoked); (Wording given by Law No. 13,204, of 2015)

III – (revoked). (Wording given by Law No. 13,204, of 2015)

Art. 50. The public administration must make it possible to monitor, via the internet, the processes for releasing resources relating to partnerships concluded under the terms of this Law.

Section V

Movement and Financial Application of Resources

Art. 51. Resources received as a result of Partnership they will be deposited and managed in a specific bank account, in a public financial institution indicated by the public administration, and, while not used for their purpose, they will be obligatorily invested in savings accounts, if the forecast of their use is equal to or greater than 1 (one) month, or in Bottom short-term financial investment or open market operation backed by securities of the Public debt, when the expected period for its use is equal to or less than 1 (one) month.

Single paragraph. Income from financial investments, when authorized under art. 57, will be mandatorily applied in the Object from the Partnership, being subject to the same conditions of Accountability required for transferred resources.

Art. 51. Resources received as a result of Partnership will be deposited in a specific current account exempt from bank fees at the public financial institution determined by the public administration. (Wording given by Law No. 13,204, of 2015)

Single paragraph. Income from financial assets will be applied to the Object from the Partnership, being subject to the same conditions of Accountability required for transferred resources. (Wording given by Law No. 13,204, of 2015)

Art. 52. Upon completion, denunciation, termination or extinction of the Partnership, the remaining financial balances, including those arising from revenues obtained from financial investments made, will be returned to the entity or body transferring the resources, within the non-extendable period of 30 (thirty) days of the event, under penalty of immediate institution of Account Taking special responsibility of the person responsible, provided by the competent authority of the body or entity holding the resources.

Art. 52. Upon completion, denunciation, termination or extinction of the Partnership, the remaining financial balances, including those arising from revenues obtained from financial investments made, will be returned to the public administration within a non-extendable period of thirty days, under penalty of immediate institution of Account Taking special responsibility of the person responsible, provided by the competent public administration authority. (Wording given by Law No. 13,204, of 2015)

Art. 53. All movement of resources within the scope of Partnership will be carried out via electronic transfer subject to the identification of the Recipient final payment and the obligation to deposit it into your bank account.

Single paragraph . Payments must be made by crediting the bank account held by suppliers and service providers.

§ 1 Payments must be made by crediting the bank account held by suppliers and service providers. (Wording given by Law No. 13,204, of 2015)

§ 2º Demonstrated the physical impossibility of Payment through electronic transfer, the Collaboration Term or development may allow payments in kind. (Included by Law No. 13,204, of 2015)

Art. 54. In exceptional cases, as long as it is demonstrated in the Work plan the physical impossibility of Payment through electronic transfer, depending on the peculiarities of the Object from the Partnership, the region where the activities will be developed and the services to be provided, the Collaboration Term or development may allow payments in kind to be made, subject to the following prerequisites: (Repealed by Law No. 13,204, of 2015)

I – payments in kind will be restricted, in any case, to the individual limit of R$ 800.00 (eight hundred reais) per Recipient and the global limit of 10% (ten percent) of the total value of the Partnership, both calculated taking into account the entire duration of the Partnership; ( Repealed by Law No. 13,204, of 2015)

II – payments in kind must be provided for in the Work plan, which will specify the expense items subject to this type of financial execution, the nature of the beneficiaries to be paid under these conditions and the withdrawal and payment schedule, with individual and total limits, observing the provisions of item I; (Repealed by Law No. 13,204, of 2015)

III – the payments referred to in this article will be made through withdrawals made from the bank account Development Term or collaboration, with the individuals who carry them out being responsible for them, who: (Repealed by Law No. 13,204, of 2015)

a) will be accountable to the organization of the Civil society of the total amount received, within 30 (thirty) days from the date of the last withdrawal made, through the organized presentation of invoices or receipts that prove the payments made and that record the identification of the Recipient end of each Payment; (Repealed by Law No. 13,204, of 2015)

b) will return to the account of the Development Term or collaboration, through bank deposit, all amounts received and not applied on the date referred to in paragraph The of this section; (Repealed by Law No. 13,204, of 2015)

IV – the responsibility before the public administration for the good and regular application of the values applied under the terms of this article remains with the organization of the Civil society and with the respective responsible persons registered in the Collaboration Term or development, which may act regressively in relation to the individual who, in any way, has given rise to irregularity in the application of these resources; (Repealed by Law No. 13,204, of 2015)

V – the regulation may replace the withdrawal from the bank account Development Term or collaboration by crediting the amount to be withdrawn from an account designated by the entity, in which case the responsibility for carrying out the duties provided for in section III of this article will fall entirely on those responsible for organizing the Civil society recorded in the Collaboration Term or development, maintaining all other conditions set out in this article; (Repealed by Law No. 13,204, of 2015)

VI – it will be considered irregular, will constitute a misappropriation of resources and any Payment, under the terms of this article, of expenses not authorized in the Work plan, of expenses in which the Recipient final or expenses incurred in violation of any of the conditions or restrictions established in this article. (Repealed by Law No. 13,204, of 2015)

Section VI

Of the Changes

Art. 55. The validity of the Partnership may be changed upon request from the organization of the Civil society, duly formalized and justified, to be presented to the public administration at least 30 (thirty) days before the end of its validity.

Single paragraph. The ex officio extension of the validity of the instrument must be made by the public administration, before its end, when it causes a delay in the release of resources, limited to the exact period of the delay verified.

Art. 55. The validity of the Partnership may be changed upon request from the organization of the Civil society, duly formalized and justified, to be presented to the public administration at least thirty days before the initially scheduled term. (Wording given by Law No. 13,204, of 2015)

Single paragraph. The official extension of the validity of the Collaboration Term or development must be carried out by the public administration when it causes a delay in the release of financial resources, limited to the exact period of the delay verified. (Wording given by Law No. 13,204, of 2015)

Art. 56. The public administration may authorize the reallocation of resources from the application plan, during the term of the Partnership, to achieve the Object agreed, so that, separately for each Economic Category of Expense, current or capital, the organization of Civil society rearrange, among themselves, the values defined for the expense items, provided that, individually, the increases or decreases do not exceed 25% (twenty-five percent) of the value originally approved in the Work plan for each item. (Repealed by Law No. 13,204, of 2015)

Single paragraph. The reallocation of resources covered by the caput will only occur upon prior request, with justification presented by the organization of the Civil society and approved by the public administration responsible for Partnership. (Repealed by Law No. 13,204, of 2015)

Art. 57. If there is relevance to the public interest and upon approval by the public administration of the change in the Work plan, the income from financial investments and any remaining balances may be applied by the organization of the Civil society in expanding the goals of the Object from the Partnership, as long as it is still in force.

Single paragraph. The changes foreseen in the caput require new approval Work plan by the public administration, but not from the prior legal analysis of the draft amendment to the Partnership and the publication of the extract of the additive term in official media.

Art. 57. Work plan from the Partnership may be reviewed to change values or goals, through an addendum or by handout to the Work plan original. (Wording given by Law No. 13,204, of 2015)

Single paragraph. (Revoked). (Wording given by Law No. 13,204, of 2015)

Section VII

Of Monitoring and Evaluation

Art. 58. The public administration is responsible for carrying out inspection procedures for partnerships concluded before the end of their term, including through visits on site, for the purposes of Monitoring and Evaluation of compliance with the Object, in accordance with the regulation.

§ 1 For the implementation of the provisions of caput, the body may use technical support from third parties, delegate competence or establish partnerships with bodies or entities that are located close to the place where the resources are applied.

Art. 58. The public administration will promote the monitoring and evaluation of compliance with the Object from the Partnership. (Wording given by Law No. 13,204, of 2015)

§ 1 For the implementation of the provisions of caput, The public administration may use technical support from third parties, delegate competence or establish partnerships with bodies or entities that are located close to the place where the resources are applied. (Wording given by Law No. 13,204, of 2015)

§ 2 In partnerships lasting more than 1 (one) year, the public administration will carry out, whenever possible, a satisfaction survey with the beneficiaries of the Work plan and will use the results as input in evaluating the Partnership celebrated and compliance with agreed objectives, as well as reorienting and adjusting defined goals and activities.

§ 3 To implement the provisions of § 2, the public administration may use technical support from third parties, delegate competence or establish partnerships with bodies or entities located close to the place where the resources are applied.

Art. 59. The public administration will issue a technical report on Monitoring and Evaluation from the Partnership and submit it to Commission in Monitoring and Evaluation designated, which will approve it, regardless of the obligation to present the Accountability due by the organization of the Civil society.

Single paragraph. The technical report of Monitoring and Evaluation from the Partnership, without prejudice to other elements, must contain:

Art. 59. The public administration will issue a technical report on Monitoring and Evaluation in Partnership celebrated through Collaboration Term or Development Term and submit it to Commission in Monitoring and Evaluation designated, which will approve it, regardless of the obligation to present the Accountability due by the organization of the Civil society. (Wording given by Law No. 13,204, of 2015)

§ 1 The technical report of Monitoring and Evaluation from the Partnership, without prejudice to other elements, must contain: (Wording given by Law No. 13,204, of 2015)

I – summary description of established activities and goals;

II – analysis of the activities carried out, the achievement of goals and the impact of the social benefit obtained as a result of the execution of the project Object until the period, based on the indicators established and approved in the Work plan;

III – amounts actually transferred by the public administration and amounts proven to be used;

IV – when applicable, the amounts paid in accordance with art. 54, indirect costs, relocations carried out, surplus financial resources, including financial investments, and any amounts returned to public coffers;

V – analysis of documents proving expenses presented by the organization of the Civil society at Accountability;

VI – analysis of the audits carried out by internal and external controls, within the scope of preventive inspection, as well as their conclusions and the measures taken as a result of these audits.

III – values actually transferred by the public administration; (Wording given by Law No. 13,204, of 2015)

IV – (revoked); (Wording given by Law No. 13,204, of 2015)

V – analysis of documents proving expenses presented by the organization of the Civil society at Accountability, when the achievement of the goals and results established in the respective Collaboration Term or development; (Wording given by Law No. 13,204, of 2015)

VI – analysis of possible audits carried out by internal and external controls, within the scope of preventive inspection, as well as their conclusions and the measures taken as a result of these audits. (Wording given by Law No. 13,204, of 2015)

§ 2 In the case of partnerships financed with resources from specific funds, monitoring and evaluation will be carried out by the respective management councils, respecting the requirements of this Law. (Included by Law No. 13,204, of 2015)

Art. 60. Without prejudice to supervision by the public administration and control bodies, the execution of the Partnership it may be monitored and supervised by the public policy councils of the corresponding areas of activity, in each sphere of government.

Art. 60. Without prejudice to supervision by the public administration and control bodies, the execution of the Partnership it will be monitored and supervised by the public policy councils of the corresponding areas of activity existing in each sphere of government. (Wording given by Law No. 13,204, of 2015)

Single paragraph. The partnerships covered by this Law will also be subject to the social control mechanisms provided for in the legislation.

Section VIII

The Obligations of the Manager

Art. 61. The obligations of the Manager:

I – monitor and supervise the execution of the Partnership;

II – inform your hierarchical superior of the existence of facts that compromise or may compromise the activities or goals of the company Partnership and signs of irregularities in the management of resources, as well as the measures adopted or that will be adopted to resolve the problems detected;

III – (VETOED);

IV – issue Seem conclusive technical analysis of the Accountability final, based on the technical report of Monitoring and Evaluation what the art deals with. 59 of this Law;

IV – issue Seem conclusive technical analysis of the Accountability final, taking into account the content of the technical report Monitoring and Evaluation what the art deals with. 59; (Wording given by Law No. 13,204, of 2015)

V – provide materials and technological equipment necessary for production activities Monitoring and Evaluation.

Art. 62. In the event of non-execution or poor execution of Partnership in force or Partnership not renewed, exclusively to ensure the provision of essential services to the population, the public administration may, by its own act and independently of judicial authorization, in order to carry out or maintain the execution of the agreed goals or activities:

Art. 62. In the event of non-execution due to the exclusive fault of the organization of the Civil society, the public administration may, exclusively to ensure the provision of essential services to the population, by its own act and independently of judicial authorization, in order to carry out or maintain the execution of the agreed goals or activities: (Wording given by Law No. 13,204, of 2015)

I – retake public assets held by the organization of the Civil society partner, whatever the modality or title that granted rights to use such assets;

II – assume responsibility for executing the remainder of the Object provided for in the Work plan, in the event of a stoppage or the occurrence of a relevant fact, in order to avoid its discontinuity, and must be considered in the Accountability what was carried out by the organization of Civil society until the moment the administration assumed these responsibilities.

II – assume responsibility for executing the remainder of the Object provided for in the Work plan, in the case of stoppage, in order to avoid its discontinuity, and must be considered in the Accountability what was carried out by the organization of Civil society until the moment the administration assumed these responsibilities. (Wording given by Law No. 13,204, of 2015)

Single paragraph . The situations foreseen in the caput must be communicated by Manager to the public administrator.

CHAPTER IV

ACCOUNTABILITY

Section I

General Standards

Art. 63. Accountability must be carried out in compliance with the rules set out in this Law, in addition to deadlines and drafting standards contained in the instrument of Partnership It's from Work plan.

§ 1 The public administration will provide specific manuals to organizations in the Civil society on the occasion of the celebration of partnerships.

§ 1 The public administration will provide specific manuals to organizations in the Civil society on the occasion of the celebration of partnerships, based on the simplification and rationalization of procedures. (Wording given by Law No. 13,204, of 2015)

§ 2 Any changes to the content of the manuals referred to in § 1 of this article must be previously informed to the organization of the Civil society and published in official media.

§ 3º The regulation may, based on the complexity of the Object, establish differentiated procedures for Accountability, as long as the value of the Partnership is not equal to or greater than R$ 600,000.00 (six hundred thousand reais).

§ 3 The regulation will establish simplified procedures for Accountability. (Wording given by Law No. 13,204, of 2015)

Art. 64. Accountability presented by the organization of Civil society must contain elements that allow the Manager from the Partnership evaluate progress or conclude that your Object was carried out as agreed, with a detailed description of the activities carried out and proof of the achievement of goals and expected results, up to the period covered by the Accountability.

§ 1º The amounts that do not meet the provisions of the caput of this article and in arts. 53 and 54.

§ 1 Values related to goals and results not met without sufficient justification will be disallowed. (Wording given by Law No. 13,204, of 2015)

§ 2 The financial data will be analyzed with the aim of establishing the causal link between the revenue and the expenditure incurred, its compliance and compliance with the relevant standards.

§ 3º The analysis of the Accountability must consider the real truth and the results achieved.

§ 4º A Accountability from the Partnership will observe specific rules according to the amount of public resources involved, in accordance with the provisions and procedures established as provided for in Work plan and in Collaboration Term or promotion.

Art. 65. Accountability and all acts arising from it will take place, whenever possible, on an electronic platform, allowing viewing by any interested party.

Art. 65. Accountability and all actions that take place will take place on an electronic platform, allowing viewing by any interested party. (Wording given by Law No. 13,204, of 2015)

Art. 66. Accountability relating to the implementation of the Collaboration Term or promotion will take place through the analysis of the documents provided for in the Work plan, under the terms of item IX of art. 22, in addition to the following reports:

I – Execution Report Object, prepared by the organization of Civil society, signed by its legal representative, containing the activities carried out to comply with the Object and the comparison of proposed goals with the results achieved, based on the agreed schedule, attaching documents proving the completion of the actions, such as attendance lists, photos and videos, if applicable;

II – Financial Execution Report, signed by its legal representative and the responsible accountant, with a description of the expenses and income actually incurred.

I – execution report of the Object, prepared by the organization of Civil society, containing the activities or projects developed to fulfill the Object and the comparison of proposed goals with the results achieved; (Wording given by Law No. 13,204, of 2015)

II – financial execution report of the Collaboration Term or the Development Term, with a description of the expenses and revenues actually incurred and their connection with the execution of the Object, in the event of non-compliance with goals and results established in the Work plan. (Wording given by Law No. 13,204, of 2015)

Single paragraph . The public body signatory to the Collaboration Term or the Development Term You should also consider the following reports prepared internally in your analysis:

I – technical visit report on site carried out during the execution of the Partnership, in accordance with art. 58;

Single paragraph. The public administration must also consider in its analysis the following reports prepared internally, when applicable: (Wording given by Law No. 13,204, of 2015)

I – technical visit report on site possibly carried out during the execution of the Partnership; (Wording given by Law No. 13,204, of 2015)

II – technical report Monitoring and Evaluation, approved by Commission in Monitoring and Evaluation designated, on compliance with the Object and the results achieved during the execution of the Collaboration Term or promotion.

Art. 67. Manager will issue Seem analysis technician Accountability from the Partnership celebrated.

§ 1 In the case of a single installment, the Manager will issue Seem conclusive technical report for the purpose of evaluating compliance with the Object.

§ 2º In the case of forecasting more than 1 (one) installment, the organization of the Civil society must present Accountability partial, for the purposes of monitoring compliance with the goals of the Object linked to the released portion.

§ 3º The analysis of the Accountability referred to in § 2 must be carried out within the period defined in the Work plan approved.

§ 4 For the purposes of evaluating the efficacy and effectiveness of the actions being carried out or that have already been carried out, the technical opinions referred to in the caput and § 1 of this article must, obligatorily, mention:

§ 1 In the case of Accountability unique, the Manager will issue Seem conclusive technical report for the purpose of evaluating compliance with the Object. (Wording given by Law No. 13,204, of 2015)

§ 2º If the duration of the Partnership exceeds one year, the organization of the Civil society must present Accountability at the end of each exercise, for the purpose of monitoring compliance with the goals of the Object. (Wording given by Law No. 13,204, of 2015)

§ 3 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 4 For the purposes of evaluating the efficacy and effectiveness of the actions being carried out or that have already been carried out, the technical opinions referred to in this article must, obligatorily, mention: (Wording given by Law No. 13,204, of 2015)

I – the results already achieved and their benefits;

II – economic or social impacts;

III – the degree of satisfaction of the target audience;

IV – the possibility of Sustainability of actions after completion of the Object agreed.

Art. 68. The documents included by the entity on the electronic platform provided for in art. 65, as long as they have Guarantee of origin and its signatory by digital certification, will be considered original for the purposes of Accountability.

Single paragraph . During a period of 10 (ten) years, counting from the business day following that of the Accountability, the entity must keep in its archive the original documents that make up the Accountability.

Section II

Deadlines

Art. 69. The organization of Civil society is obliged to provide final accounts of the good and regular application of the resources received within a period of up to 90 (ninety) days from the end of the validity of the Partnership, as established in the respective instrument.

Art. 69. The organization of Civil society will account for the good and regular application of the resources received within a period of up to ninety days from the end of the validity of the Partnership or at the end of each exercise, if the duration of the Partnership exceed one year. (Wording given by Law No. 13,204, of 2015)

§ 1º The definition of the deadline for the final rendering of accounts will be established, substantiated, according to the complexity of the Object from the Partnership and integrates the technical analysis stage of the Proposition and celebration of the instrument.

§ 1 The deadline for the final rendering of accounts will be established according to the complexity of the Object from the Partnership. (Wording given by Law No. 13,204, of 2015)

§ 2º The provisions of caput does not prevent the instrument from Partnership establish partial, periodic or required accountability after completion of steps linked to the goals of the Object.

§ 2º The provisions of caput does not prevent the public administration from promoting the establishment of Account Taking especially before the end of the Partnership, given evidence of irregularities in the execution of the Object. (Wording given by Law No. 13,204, of 2015)

§ 3 The duty to render accounts arises at the time of release of the first installment of financial resources.

§ 3º In the hypothesis of § 2º, the duty to render accounts arises at the moment of releasing the resource involved in the Partnership. (Wording given by Law No. 13,204, of 2015)

§ 4 The deadline referred to in caput may be extended for up to 30 (thirty) days, provided that it is duly justified.

§ 5 The conclusive statement on the Accountability by the public administration will observe the deadlines set out in the Work plan approved and not Collaboration Term or development, and must provide for:

§ 5 The conclusive statement on the Accountability by the public administration will observe the deadlines set out in this Law, and must alternatively conclude by: (Wording given by Law No. 13,204, of 2015)

I – approval of Accountability;

II – approval of the Accountability with reservations, when impropriety or any other lack of a formal nature that does not result in damage to the treasury is evidenced; or

II – approval of the Accountability with reservations; or (Wording given by Law No. 13,204, of 2015)

III – rejection of Accountability and the determination of the immediate establishment of Account Taking Special.

III – rejection of Accountability and determination of immediate establishment of Account Taking Special. (Wording given by Law No. 13,204, of 2015)

§ 6 The improprieties that gave rise to reservations or rejection of the Accountability will be registered on an electronic platform with public access, and must be taken into consideration when signing future partnerships with the public administration, as defined in regulation.

§ 6 The improprieties that gave rise to the rejection of the Accountability will be registered on an electronic platform with public access, and must be taken into consideration when signing future partnerships with the public administration, as defined in regulation. (Wording given by Law No. 13,204, of 2015)

Art. 70. If an irregularity or omission is found in the Accountability, a deadline will be given for organizing the Civil society remedy the irregularity or fulfill the obligation.

§ 1 The deadline referred to in caput is limited to 45 (forty-five) days per notification, extendable for a maximum of the same period, within the period that the public administration has to analyze and decide on the Accountability and proof of results.

§ 2 After the deadline for correcting the irregularity or omission has passed, if there is no correction, the competent administrative authority, under penalty of joint and several liability, must adopt measures to investigate the facts, identify those responsible, quantify the damage and obtain compensation, in accordance with current legislation.

Art. 71. The public administration will aim to assess the final financial statement presented, within a period of 90 (ninety) to 150 (one hundred and fifty) days, counting from the date of its receipt, as established in the instrument of Partnership.

§ 1 The definition of the deadline for the Appreciation of the final rendering of accounts will be established, substantiated, according to the complexity of the Object from the Partnership and integrates the technical analysis stage of the Proposition and celebration of the instrument.

§ 2 The deadline for assessing the final rendering of accounts may be extended, at most, for an equal period, provided that it is duly justified.

§ 3 In the event of non-compliance with the deadline defined under the terms of the caput and §§ 1 and 2 within 15 (fifteen) days of its completion, the unit responsible for the Appreciation of the final rendering of accounts will report the reasons to the Minister of State or the State or Municipal Secretary, as applicable, as well as to the public policy council and the regulatory body Internal control corresponding.

§ 4º The expiry of the period defined under the terms of the caput and § 1 without the accounts having been assessed:

Art. 71. The public administration will assess the final rendering of accounts presented, within a period of up to one hundred and fifty days, counting from the date of its receipt or the completion of due diligence determined by it, which can be justifiably extended for an equal period. (Wording given by Law No. 13,204, of 2015)

§ 1 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 2 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 3 (Revoked). (Wording given by Law No. 13,204, of 2015)

§ 4º The expiry of the period defined under the terms of the caput without the accounts having been assessed: (Wording given by Law No. 13,204, of 2015)

I – does not mean impossibility of Appreciation at a later date or prohibition of adopting remedial, punitive measures or measures intended to compensate for damages that may have been caused to public coffers;

II – in cases where no fraud on the part of the organization is detected Civil society partner or its representatives, without prejudice to monetary updating, prevents the incidence of late payment interest on debts eventually determined, in the period between the end of the period referred to in caput of this paragraph and the date on which the Appreciation by public administration.

II – in cases where no fraud on the part of the organization is detected Civil society or its representatives, without prejudice to monetary updating, prevents the incidence of late payment interest on debts eventually determined, in the period between the end of the period referred to in this paragraph and the date on which the payment was finalized. Appreciation by public administration. (Wording given by Law No. 13,204, of 2015)

Art. 72. The rendering of accounts will be evaluated:

I – regular, when they express, in a clear and objective way, the accuracy of the accounting statements, the legality, legitimacy and economicity of the management acts of the person responsible;

II – regular with reservations, when they show impropriety or any other lack of a formal nature that does not result in damage to the treasury;

III – irregular, when any of the following occurrences are proven:

I – regular, when they express, in a clear and objective way, the fulfillment of the objectives and goals established in the Work plan; (Wording given by Law No. 13,204, of 2015)

II – regular with reservations, when they show impropriety or any other lack of a formal nature that does not result in damage to the treasury; (Wording given by Law No. 13,204, of 2015)

III – irregular, when any of the following circumstances is proven: (Wording given by Law No. 13,204, of 2015)

a) omission in the duty to provide accounts;

b) practice of an illegal, illegitimate or uneconomic management act, or violation of legal or regulatory standards of an accounting, financial, budgetary, operational or patrimonial nature;

b) unjustified non-compliance with the objectives and targets established in the Work plan; (Wording given by Law No. 13,204, of 2015)

c) damage to the treasury resulting from an illegitimate or uneconomic management act;

d) embezzlement or diversion of money, goods or public values.

Single paragraph. The authority competent to sign the Development Term or collaboration is responsible for deciding on the approval of the Accountability, based on technical and financial opinions, delegation to directly subordinate authorities is permitted, sub-delegation is prohibited.

§ 1 The public administrator is responsible for the decision on the approval of the Accountability or by omission in relation to the analysis of its content, taking into account, in the first case, technical, financial and legal opinions, delegation being permitted to directly subordinate authorities, sub-delegation prohibited. (Included by Law No. 13,204, of 2015)

§ 2º When the Accountability is assessed as irregular, after the appeal phase has been exhausted, if the decision is maintained, the organization of the Civil society may request authorization for reimbursement to the treasury to be promoted through compensatory actions in the public interest, by presenting a new Work plan, according to the Object described in Collaboration Term or development and the area of activity of the organization, whose economic measurement will be made based on the Work plan original, as long as there was no fraud or fraud and it is not the case of full refund of the resources. (Included by Law No. 13,204, of 2015)

CHAPTER V

RESPONSIBILITY AND SANCTIONS

Section I

Administrative Sanctions to the Entity

Art. 73. For the execution of the Partnership in disagreement with the Work plan and with the norms of this Law and specific legislation, the administration may, guaranteeing prior defense, apply to the organization of the Civil society partner the following sanctions:

Art. 73. For the execution of the Partnership in disagreement with the Work plan and with the norms of this Law and specific legislation, the public administration may, guaranteeing prior defense, apply to the organization of Civil society the following sanctions: (Wording given by Law No. 13,204, of 2015)

I – warning;

II – temporary suspension of participation in public calls and impediment from entering into development terms, collaboration terms and contracts with bodies and entities within the sphere of government of the sanctioning public administration, for a period not exceeding 2 (two) years;

II – temporary suspension of participation in public calls and impediment to celebrating Partnership or contract with bodies and entities within the sphere of government of the sanctioning public administration, for a period not exceeding two years; (Wording given by Law No. 13,204, of 2015)

III – declaration of unsuitability to participate in a public call or enter into development terms, collaboration terms and contracts with bodies and entities from all spheres of government, as long as the reasons determining the punishment persist or until rehabilitation is promoted before the authority itself who applied the penalty, which will be granted whenever the organization of the Civil society reimburse the administration for the resulting losses, and after the period of the sanction applied based on item II of this article has elapsed.

III – declaration of unsuitability to participate in a public call or celebrate Partnership or contract with bodies and entities from all spheres of government, while the reasons determining the punishment persist or until rehabilitation is promoted before the very authority that applied the penalty, which will be granted whenever the organization of the Civil society reimburse the public administration for the resulting losses after the period of the sanction applied based on section II has elapsed. (Wording given by Law No. 13,204, of 2015)

Single paragraph. The sanction established in item III of the caput of this article is the exclusive responsibility of the Minister of State or the State or Municipal Secretary, as the case may be, with the interested party being allowed to defend the respective process, within 10 (ten) days of the opening of the hearing, and rehabilitation may be requested after 2 (two) years of its application.

§ 1 The sanctions established in sections II and III are the exclusive responsibility of the Minister of State or State, District or Municipal Secretary, as the case may be, with the interested party being allowed to defend the respective process, within ten days of the opening of the hearing, rehabilitation may be requested after two years of application of the penalty. (Wording given by Law No. 13,204, of 2015)

§ 2 Prescribes in five years, counting from the date of presentation of the Accountability, the application of a penalty resulting from an infraction related to the execution of the Partnership. (Included by Law No. 13,204, of 2015)

§ 3 The prescription will be interrupted with the issuance of an administrative act aimed at investigating the infraction. (Included by Law No. 13,204, of 2015)

Section II

Responsibility for Execution and Issuance of Technical Opinions

Art. 74. (VETOED).

Art. 75. The person responsible for Seem technician who unduly concludes about the operational and technical capacity of organizing the Civil society to carry out a specific Partnership will be liable administratively, criminally and civilly, if he has acted with intent or guilt, for the restitution of the amounts transferred to the public coffers, without prejudice to the responsibility of the public administrator, the Manager, the organization of Civil society and its leaders. (Repealed by Law No. 13,204, of 2015)

Art. 76. The person who certifies or the person responsible for Seem technician who concludes that certain activities have been carried out or targets have been met will be administratively, criminally and civilly liable for restitution of the amounts transferred to the public coffers, if it is found that the activities were not carried out as stated in the Seem or that the goals were not fully met. (Repealed by Law No. 13,204, of 2015)

Section III

Acts of Administrative Improbity

Art. 77. Art. 10 da Law No. 8,429, of June 2, 1992, comes into force with the following changes: (Validity) (Validity) (Validity) (Validity) (Validity)

“Art. 10………………………………………………………………

………………………………………………………………………………….

VIII – frustrate the legality of the bidding process or selection process to enter into partnerships with non-profit entities, or unduly dismiss them;

………………………………………………………………………………….

XVI – facilitate or compete, in any way, for the incorporation, into the private assets of an individual or legal entity, of public assets, income, funds or values transferred by the public administration to private entities through the signing of partnerships, without observing legal or regulatory formalities applicable to the species;

XVII – allow or compete for private individuals or legal entities to use public goods, income, funds or values transferred by the public administration to a private entity through the signing of partnerships, without observing the legal or regulatory formalities applicable to the type;

XVIII – enter into partnerships between the public administration and private entities without observing the legal or regulatory formalities applicable to the species;

XIX – frustrate the legality of the selection process for entering into partnerships between the public administration and private entities or unduly dismiss it;

XIX – act negligently in the conclusion, inspection and analysis of the financial statements of partnerships signed by the public administration with private entities; (Wording given by Law No. 13,204, of 2015)

XX – act negligently in the conclusion, inspection and analysis of the financial statements of partnerships signed by the public administration with private entities;

XX – release resources from partnerships signed by the public administration with private entities without strict compliance with the relevant rules or influencing in any way their irregular application. (Wording given by Law No. 13,204, of 2015)

XXI – release resources from partnerships signed by the public administration with private entities without strict compliance with the relevant rules or influencing in any way their irregular application.” (NR)

Art. 78. Art. 11 da Law No. 8,429, of June 2, 1992, comes into force with the addition of the following item VIII: (Validity) (Validity) (Validity) (Validity) (Validity)

“Art. 11……………………………………………………………………

…………………………………………………………………………………

VIII – fail to comply with the rules relating to the celebration, inspection and approval of accounts for partnerships signed by the public administration with private entities.” (NR)

Art. 78-A. The art. 23 da Law No. 8,429, of June 2, 1992, comes into force with the addition of the following item III: (Included by Law No. 13,204, of 2015) (Validity) (Validity) (Validity) (Validity) (Validity)

“Art. 23. …………………………………………………………….

…………………………………………………………………………………

III – up to five years from the date of presentation to the public administration of the Accountability final by the entities referred to in the sole paragraph of art. 1st of this Law.' (NR)”

CHAPTER VI

FINAL DISPOSITIONS

Art. 79. (VETOED).

Art. 80. The Unified Supplier Registration System – SICAF, maintained by the Union, is made available to other federated entities, for the purposes of the provisions of § 2 of art. 43 of this Law, without prejudice to the use of their own systems.

Art. 80. The processing of purchases and contracts that involve financial resources from Partnership may be carried out through an electronic system made available by the public administration to organizations in the Civil society, open to the public via the internet, which allows interested parties to formulate proposals. (Wording given by Law No. 13,204, of 2015)

Single paragraph. The Unified Supplier Registration System – SICAF, maintained by the Union, is made available to other federated entities, for the purposes of the provisions of caput, without prejudice to the use of their own systems. (Included by Law No. 13,204, of 2015)

Art. 81. Upon authorization from the Union, States, Municipalities and the Federal District may join the Management System for Agreements and Transfer Contracts – SICONV to use its functionalities in compliance with this Law.

Art. 81-A. Until the adaptation of the system referred to in art is made possible. 81 or its counterparts in other units of the federation: (Included by Law No. 13,204, of 2015)

I – the routines foreseen before the entry into force of this Law will be used to transfer resources to organizations in the Civil society arising from partnerships entered into under this Law; (Included by Law No. 13,204, of 2015)

II – Municipalities with up to one hundred thousand inhabitants will be authorized to carry out the Accountability and the acts arising therefrom without using the electronic platform provided for in art. 65. (Included by Law No. 13,204, of 2015)

Art. 82. (VETOED).

Art. 83. Partnerships existing at the time of entry into force of this Law will remain governed by the legislation in force at the time of their celebration, without prejudice to the subsidiary application of this Law, as applicable, as long as it benefits the scope of the Object from the Partnership.

§ 1 The exception to what the caput , does not apply to extensions of partnerships signed after the promulgation of this Law, except in the case of ex officio extensions provided for by law or regulation, exclusively in the event of a delay in the release of resources by the public administration.

§ 1 The exception referred to in the caput does not apply to extensions of partnerships signed after the entry into force of this Law, except in the case of ex officio extensions provided for by law or regulation, exclusively in the event of a delay in the release of resources by the public administration. (Wording given by Provisional Measure No. 658, of 2014)

§ 1 The exception referred to in the caput does not apply to extensions of partnerships signed after the entry into force of this Law, except in the case of ex officio extension provided for by law or regulation, exclusively in the event of delay in the release of resources by the party. of public administration. (Wording given by Law No. 13,102, of 2015)

§ 1 The partnerships referred to in the caput They may be extended ex officio, in case of delay in the release of resources by the public administration, for a period equivalent to the delay. (Wording given by Law No. 13,204, of 2015)

§ 2 For any Partnership referred to in caput eventually signed for an indefinite period before the promulgation of this Law, the public administration will promote, within a period not exceeding 1 (one) year, under penalty of liability, the renegotiation to adapt its terms to this Law or the respective termination.

§ 2 For any Partnership referred to in caput eventually signed for an indefinite period before the entry into force of this Law, the public administration will promote, within a period not exceeding one year, under penalty of liability, the renegotiation to adapt its terms to this Law or the respective termination. (Wording given by Provisional Measure nº 684, of 2015)

§ 2. Partnerships signed for an indefinite period before the date of entry into force of this Law, or extendable for a period longer than that initially established, within a period of up to one year after the date of entry into force of this Law, will be, alternatively: (Wording given by Law No. 13,204, of 2015)

I – replaced by the instruments provided for in arts. 16 or 17, as appropriate; (Included by Law No. 13,204, of 2015)

II – Object of unilateral termination by the public administration. (Included by Law No. 13,204, of 2015)

Art. 83-A. (VETOED). (Included by Law No. 13,204, of 2015)

Art. 84. Except in the cases expressly provided for, the provisions of the Law No. 8,666, of June 21, 1993, and in legislation relating to agreements, which will be restricted to partnerships signed between federated entities.

Single paragraph. The agreements and similar agreements in force between the organizations of the Civil society and public administration on the date of entry into force of this Law will be executed until the end of its validity period, observing the provisions of art. 83.

Art. 84. The provisions of the Law No. 8,666, of June 21, 1993. (Wording given by Law No. 13,204, of 2015)

Single paragraph. They are governed by art. 116 of Law No. 8,666, of June 21, 1993, agreements: (Wording given by Law No. 13,204, of 2015)

I – between federated entities or legal entities linked to them; (Included by Law No. 13,204, of 2015)

II – arising from the application of the provisions of item IV of art. 3rd. (Included by Law No. 13,204, of 2015)

Art. 84-A. From the coming into force of this Law, agreements will only be signed in the cases set out in the sole paragraph of art. 84. (Included by Law No. 13,204, of 2015)

Art. 84-B. The organizations of Civil society will be entitled to the following benefits, regardless of certification: (Included by Law No. 13,204, of 2015)

I – receive donations from companies, up to the limit of 2% (two percent) of their gross revenue; (Included by Law No. 13,204, of 2015)

II – receive movable assets considered irrecoverable, seized, abandoned or available, managed by the Brazilian Federal Revenue Secretariat; (Included by Law No. 13,204, of 2015)

III – distribute or promise to distribute prizes, through raffles, gift vouchers, contests or similar operations, with the aim of raising additional resources for their maintenance or funding. (Included by Law No. 13,204, of 2015)   (Repealed by Law No. 14,027, of 2020)

Art. 84-C. The benefits provided for in art. 84-B will be granted to organizations in the Civil society that have at least one of the following purposes among their social objectives: (Included by Law No. 13,204, of 2015)

I – promotion of social assistance; (Included by Law No. 13,204, of 2015)

II – promotion of culture, defense and conservation of historical and artistic heritage; (Included by Law No. 13,204, of 2015)

III – promotion of education; (Included by Law No. 13,204, of 2015)

IV – health promotion; (Included by Law No. 13,204, of 2015)

V – promotion of food and nutritional security; (Included by Law No. 13,204, of 2015)

VI – defense, preservation and conservation of the environment and promotion of Sustainable development; (Included by Law No. 13,204, of 2015)

VII – promotion of Volunteering; (Included by Law No. 13,204, of 2015)

VIII – promotion of economic and social development and combating poverty; (Included by Law No. 13,204, of 2015)

IX – non-profit experimentation with new socio-productive models and alternative systems of production, trade, employment and credit; (Included by Law No. 13,204, of 2015)

X – promotion of established rights, construction of new rights and free legal advice of additional interest; (Included by Law No. 13,204, of 2015)

XI – promotion of ethics, peace, citizenship, human rights, democracy and other universal values; (Included by Law No. 13,204, of 2015)

XII – religious organizations that are dedicated to activities of public interest and of a social nature other than those intended for exclusively religious purposes; (Included by Law No. 13,204, of 2015)

XIII – studies and research, development of alternative technologies, production and dissemination of information and technical and scientific knowledge that relate to the activities mentioned in this article. (Included by Law No. 13,204, of 2015)

Single paragraph. It is prohibited for entities benefiting in accordance with art. 84-B participation in campaigns of political or electoral interest, in any means or form. (Included by Law No. 13,204, of 2015)

Art. 85. Art. 1st of Law No. 9,790, of March 23, 1999, comes into force with the following wording: (Validity) (Validity) (Validity) (Validity) (Validity)

“ Art. 1 They can qualify as Organizations of the Civil society of Public Interest: non-profit private legal entities that have been established and have been in regular operation for at least 3 (three) years, provided that the respective social objectives and statutory standards meet the requirements established by this Law. ” (NR)

Art. 85-A. The art. 3rd of Law No. 9,790, of March 23, 1999, comes into force with the addition of the following item XIII: (Included by Law No. 13,204, of 2015) (Validity) (Validity) (Validity) (Validity) (Validity)

“Art. 3rd ……………………………………………………………..

…………………………………………………………………………………

XIII – studies and research for the development, availability and implementation of technologies aimed at the mobility of people, by any means of transport.

………………………………………………………………………' (NR)”

Art. 85-B. The sole paragraph of art. 4th of Law No. 9,790, of March 23, 1999, comes into force with the following wording: (Included by Law No. 13,204, of 2015) (Validity) (Validity) (Validity) (Validity) (Validity)

'Art. 4th ………………………………………………………………………………….

Single paragraph. The participation of public servants in the composition of the council or board of Organization of the Organization is permitted. Civil society of Public Interest.' (NR)”

Art. 86. Law No. 9,790, of March 23, 1999, comes into force with the addition of the following arts. 15-A and 15-B: (Validity) (Validity) (Validity) (Validity) (Validity)

“ Art. 15-A. (VETOED).”

“ Art. 15-B. A Accountability relating to the implementation of the Partnership Term before the body of the partner state entity refers to the correct application of public resources received and compliance with the Object of Partnership Term, upon presentation of the following documents:

I – annual activity execution report, specifically containing a report on the execution of the Object of Partnership Term, as well as comparison between the proposed goals and the results achieved;

II – full statement of revenue and expenses incurred during execution;

III – extract of physical and financial execution;

IV – income statement for the year;

V – Balance Sheet;

VI – demonstration of the origins and applications of resources;

VII – demonstration of changes in social assets;

VIII – explanatory notes to the financial statements, if necessary;

IX – Seem and audit report, if applicable.”

Art. 87. The requirements of Transparency and advertising provided for at all stages involving the Development Term or collaboration, from the preparatory phase to the end of the Accountability, where necessary, will be excepted when it comes to Program protection for people threatened or in situations that could compromise their safety, in accordance with the regulations.

Art. 87. The requirements of Transparency and advertising provided for at all stages involving the Partnership, from the preparatory phase to the end of Accountability, where necessary, will be excepted when it comes to Program protection for people threatened or in situations that could compromise their safety, in accordance with the regulations. (Wording given by Law No. 13,204, of 2015)

Art. 88. This Law comes into force 90 (ninety) days after its official publication.

Art. 88. This Law comes into force 360 (three hundred and sixty) days after its official publication. (Wording given by Provisional Measure nº 658, of 2014)

Art. 88. This Law comes into force 360 (three hundred and sixty) days after its official publication. (Wording given by Law No. 13,102, of 2015)

Art. 88. This Law comes into force 540 (five hundred and forty) days after its official publication. (Wording given by Provisional Measure nº 684, of 2015)

Art. 88. This Law comes into force after five hundred and forty days of its official publication, subject to the provisions of §§ 1 and 2 of this article. (Wording given by Law No. 13,204, of 2015)

§ 1 For Municipalities, this Law comes into force from January 1, 2017. (Included by Law No. 13,204, of 2015)

§ 2º By local administrative act, the provisions of this Law may be implemented in the Municipalities from the date arising from the provisions of the caput. (Included by Law No. 13,204, of 2015)

Brasília, July 31, 2014; 193rd of Independence and 126th of the Republic.

DILMA ROUSSEFF
José Eduardo Cardozo
Guido Mantega
Miriam Belchior
Tereza Campello
Clélio Campolina Diniz
Vinícius Nobre Lages
Gilberto Carvalho
Luís Inácio Lucena Adams
Jorge Hage Sobrinho

This text does not replace that published in the DOU of August 1, 2014*