Decreto-Lei nº 2.291, de 21 de novembro de 1986 — Extingue o Banco Nacional da Habitação - BNH, e dá outras Providências (Decree-Law No. 2,291 of 21 November 1986 — Abolishes the National Housing Bank (BNH) and makes other provisions)

English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.

Presidency of the Republic

Undersecretariat for Legal Affairs

DECREE-LAW No. 2,291, OF 21 NOVEMBER 1986.

Extinguishes the National Housing Bank - BNH, and makes other provisions.

THE PRESIDENT OF THE REPUBLIC, in the exercise of the powers conferred upon him by article 55, item II, of the Constitution,

DECREES:

Art. 1 - The National Housing Bank - BNH, a public company referred to in Law number 5,762, of 14 December 1971, is extinguished by incorporation into the Federal Savings Bank - CEF.

§ 1 - The CEF succeeds the BNH in all its rights and obligations, including:

a) in the administration, from the date of publication of this Decree-Law, of the assets and liabilities, personnel and movable and immovable property;

b) in the management of the Length of Service Guarantee Fund, the Housing Assistance Fund and the Fund to Support Housing Production for the Low-Income Population;

c) in the coordination and execution of the National Popular Housing Plan - PLANHAP and the National Basic Sanitation Plan - PLANASA, observing the guidelines set by the Ministry of Urban Development and the Environment;

d) in individual employment relations, ensuring the rights acquired by BNH employees and, at its discretion, establishing rules and conditions for their utilization;

e) in external credit operations contracted by the BNH, with the guarantee of the National Treasury, with the CEF and the General Attorney's Office of the National Treasury being responsible for promoting the necessary measures for the execution of amendments to the relevant contractual instruments.

§ 2 - The mandates and investitures of the President, the Directors and the members of the Administrative and Fiscal Councils of the BNH are extinguished, without prejudice to liability for their respective acts of management and oversight.

Art. 2 - The financial year of the BNH ends on the date of publication of this Decree-Law, with the CEF, together with the Internal Control Secretariat of the Ministry of Urban Development and the Environment, being responsible for:

I - preparing the corresponding financial statements and accounts, to be submitted to the Minister of State for Urban Development and the Environment, who shall forward them to the Federal Court of Accounts;

II - proceeding, by 31 December 1986, with the inventory of the movable and immovable property of the BNH, which shall be itemized and valued before their formal delivery to the CEF.

§ 1 - Once the inventory referred to in item II is completed and the transfer referred to in Art. 3 is finalized, the CEF shall promote the sale, by public bidding, of the properties in which the BNH's installations are located.

§ 2 - The movable property that, at the discretion of the CEF, is not used in its services, shall be incorporated into the assets of the Union, by means of a term drawn up at the Public Administration Secretariat of the Presidency of the Republic - SEDAP/PR, which shall transfer them to the various bodies of the Direct Federal Administration.

Art. 3 - The transfer to the CEF of the properties owned by the BNH shall be made by registration, in the competent Registry Office, of a minute drawn up in the proper body of that public company, in compliance with the provisions of Art. 225 of Law number 6,015, of 31 December 1973, and which shall have the force of a public deed, for all legal purposes.

Art. 4 - The credits of the BNH with financial institutions in extrajudicial liquidation shall be transferred to the CEF, after being ascertained and received, in cash, mortgage notes or immovable property, by the Central Bank of Brazil.

§ 1 - In the payment of the credits referred to in this article, in properties belonging to the debtor estates, prior and joint appraisal by the Central Bank of Brazil and the CEF is mandatory, and, if there is a divergence, each shall prepare a separate report, giving the reasons on which it is based, for decision by the National Monetary Council.

§ 2 - The credits of the BNH referred to in this article, as well as those of the Funds administered by it, shall be mandatorily updated by the monetary correction indices in force at the time of each liquidation, in accordance with Law number 4,380, of 21 August 1964, and, after 28 February 1986, by the IPC variation indices, until 30 November 1986. From that date, they shall be adjusted by the variation indices of the National Treasury obligations - OTN, in the manner established in Art. 6 of Decree-Law number 2,284, of 10 March 1986, with the wording given by Art. 1 of Decree-Law number 2,290, of 21 November 1986.

§ 3 - At the closing of the liquidations or payments of debts, by the estate, before 1 March 1987, the liabilities shall be, in the manner of the preceding paragraph, proportionally adjusted.

Art. 5 - In procedural relations already initiated, in which the BNH is a party, assistant or opponent, the deadlines in the respective processes are suspended, until the CEF is summoned by warrant, ex officio by the Judge, or at the request of the parties, or of the Public Prosecutor's Office.

Art. 6 - The Ministry of Urban Development and the Environment - MDU is responsible for formulating proposals for housing policy and urban development.

Art. 7 - The National Monetary Council, observing the provisions of this Decree-Law, is responsible for:

I - exercising the attributions inherent to the BNH, as the central body of the Housing Financial System, the Sanitation Financial System and the related, subsidiary or complementary financial systems thereof;

II - granting to other federal bodies or financial institutions the management of the funds administered by the BNH, except as provided in Art. 1, § 1, paragraph "b"; and III - guiding, regulating and controlling the Housing Financial System.

Art. 8 - The Central Bank of Brazil is responsible for supervising the entities that are part of the Housing Financial System and applying the provided penalties.

Art. 9 The borrower of the Housing Financial System - (SFH) may, at any time, settle, provided it is in full, the respective outstanding balance, with a discount on the amount of the debt on the day of payment, observing the terms and conditions established by the National Monetary Council.

§ 1 The Salary Variations Compensation Fund may compensate the SFH agents for the discounts granted under the terms of this article, in amounts, conditions and terms to be likewise established by the National Monetary Council.

§ 2 An identical benefit may be granted in the event of sale of the financed property, without prejudice to refinancing to the buyer.

Art. 9 - The borrower of the Housing Finance System - SFH, who has entered into a contract up to 28 February 1986, may, at any time, fully settle the respective outstanding balance with a discount on the amount of the debt on the day of payment, observing the terms and conditions to be established by the National Monetary Council.

(Wording given by Decree-Law No. 2.406, of 1988)

§ 1 - The Salary Variations Compensation Fund - FCVS may compensate the SFH agents for the discounts granted under the terms of this article, in amounts, conditions and terms to be established by the National Monetary Council.

(Wording given by Decree-Law No. 2.406, of 1988)

§ 2 - An identical benefit may be granted in the event of sale of a property financed by the Housing Finance System, when the discount shall apply to the transferred outstanding balance or shall be diluted in the installments of the new financing and shall comply with the conditions to be defined by the National Monetary Council.

(Wording given by Decree-Law No. 2.406, of 1988)

§ 3 - The transfer of contracts within the scope of the Housing Finance System shall occur through the granting of new financing, observing the rules in force for said System. (Included by Decree-Law No. 2.406, of 1988)

Art. 10 - Caixa Econômica Federal is authorized to negotiate, under criteria it deems viable, the absorption of the BNH Employees' Pension Association - PREVHAB by the Federal Savings Bank Employees Foundation or the transfer of its beneficiaries to the latter, observing the private law rules applicable to the respective situations.

Art. 11 - The Minister of Finance shall issue the instructions necessary for the execution of this Decree-Law.

Art. 12 - This Decree-Law enters into force on the date of its publication.

Art. 13 - The provisions to the contrary are revoked, especially Art. 12 of Law number 5.107, of 13 September 1966.

Brasília, 21 November 1986; 165th of Independence and 98th of the Republic.

JOSÉ SARNEY

Dilson Domingos Funaro Deni Lineu Schwartz João Sayad

This text does not replace the one published in the DOU of 24.11.1986

and rectified on 23.11.1986

*