Rule · BR-LAW · 19 Jan 2015
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
General Secretariat
Deputy Office for Legal Affairs
LAW No. 13,097, OF JANUARY 19, 2015
Reduces to zero the rates of the Contribution to PIS/PASEP, COFINS, the Contribution to PIS/Pasep-Import and Cofins-Import levied on the revenue from sales and on the import of parts used in wind turbines; extends the benefits provided for in Laws No. 9,250, of December 26, 1995, 9,440, of March 14, 1997, 10,931, of August 2, 2004, 11,196, of November 21, 2005, 12,024, of August 27, 2009, and 12,375, of December 30, 2010; amends art. 46 of Law No. 12,715, of September 17, 2012, which provides for the return abroad or the destruction of foreign merchandise whose import is not authorized; amends Laws No. 9,430, of December 27, 1996, 12,546, of December 14, 2011, 12,973, of May 13, 2014, 9,826, of August 23, 1999, 10,833, of December 29, 2003, 10,865, of April 30, 2004, 11,051, of December 29, 2004, 11,774, of September 17, 2008, 10,637, of December 30, 2002, 12,249, of June 11, 2010, 10,522, of July 19, 2002, 12,865, of October 9, 2013, 10,820, of December 17, 2003, 6,634, of May 2, 1979, 7,433, of December 18, 1985, 11,977, of July 7, 2009, 10,931, of August 2, 2004, 11,076, of December 30, 2004, 9,514, of November 20, 1997, 9,427, of December 26, 1996, 9,074, of July 7, 1995, 12,783, of January 11, 2013, 11,943, of May 28, 2009, 10,848, of March 15, 2004, 7,565, of December 19, 1986, 12,462, of August 4, 2011, 9,503, of September 23, 1997, 11,442, of January 5, 2007, 8,666, of June 21, 1993, 9,782, of January 26, 1999, 6,360, of September 23, 1976, 5,991, of December 17, 1973, 12,850, of August 2, 2013, 5,070, of July 7, 1966, 9,472, of July 16, 1997, 10,480, of July 2, 2002, 8,112, of December 11, 1990, 6,530, of May 12, 1978, 5,764, of December 16, 1971, 8,080, of September 19, 1990, 11,079, of December 30, 2004, 13,043, of November 13, 2014, 8,987, of February 13, 1995, 10,925, of July 23, 2004, 12,096, of November 24, 2009, 11,482, of May 31, 2007, 7,713, of December 22, 1988, Complementary Law No. 123, of December 14, 2006, Decree-Law No. 745, of August 7, 1969, and Decree No. 70,235, of March 6, 1972; repeals provisions of Laws No. 4,380, of August 21, 1964, 6,360, of September 23, 1976, 7,789, of November 23 of 1989, 8,666, of June 21, 1993, 9,782, of January 26, 1999, 10,150, of December 21, 2000, 9,430, of December 27, 1996, 12,973, of May 13, 2014, 8,177, of March 1, 1991, 10,637, of December 30, 2002, 10,833, of December 29, 2003, 10,865, of April 30, 2004, 11,051, of December 29, 2004 and 9,514, of November 20, 1997, and of Decree-Law No. 3,365, of June 21, 1941; and provides other measures.
The
PRESIDENT OF THE REPUBLIC I make known that the National Congress decrees and I sanction the following Law:
CHAPTER I
On tax and financial legislation
Section I
On the Tax Exemption for Parts Used in Wind Turbines
Art. 1 Law No. 10,865, of April 30, 2004, shall come into force with the following amendments: (Effective)
"Art. 8 ..........................................................................................................................
....................................................................................................................................................
§ 12. ..............................................................................................................................
....................................................................................................................................................
XL - products classified under Ex 01 of code 8503.00.90 of Tipi.
......................................................................................................................................... " (NR)
"Art. 28. ........................................................................................................................
....................................................................................................................................................
XXXVII - products classified under Ex 01 of code 8503.00.90 of TIPI.
........................................................................................................................................ " (NR)
Section II
On the Extension of Benefits
Art. 2
Law No. 9,250, of December 26, 1995
, shall come into force with the following amendment:
"Art. 12. ........................................................................................................................
....................................................................................................................................................
VII - until the 2019 fiscal year, calendar year 2018, the employer contribution paid to Social Security by the domestic employer levied on the amount of the employee's remuneration; and
........................................................................................................................................ " (NR)
Art. 3 (VETOED).
Art. 4
Law No. 10,931, of August 2, 2004
, shall come into force with the following amendment:
"Art. 4 ..........................................................................................................................
....................................................................................................................................................
§ 6 Until 31 December 2018, for residential real estate development projects of social interest, whose construction was started or contracted as of 31 March 2009, the percentage corresponding to the unified payment of the taxes addressed in the
caput
shall be equivalent to 1% (one percent) of the monthly revenue received.
........................................................................................................................................ ” (NR)
Art. 5
Law No. 11.196, of 21 November 2005
, shall come into force with the following amendment:
“Art. 30. ........................................................................................................................
....................................................................................................................................................
II - apply to sales made until 31 December 2018.” (NR)
Art. 6
Law No. 12.024, of 27 August 2009
, shall come into force with the following amendment:
“Art. 2 Until 31 December 2018, the construction company contracted to build housing units valued at up to R$ 100,000.00 (one hundred thousand reais) under the Minha Casa, Minha Vida Program - PMCMV, addressed in Law No.
11.977, of 7 July 2009 , is authorized, on an optional basis, to make the unified payment of taxes equivalent to one percent of the monthly revenue earned from the construction contract.
........................................................................................................................................ ” (NR)
Art. 7
Law No. 12.375, of 30 December 2010
, shall come into force with the following amendment:
“Art. 5 Industrial establishments shall be entitled, until 31 December 2018, to presumed credit of the Tax on Industrialized Products - IPI upon the acquisition of solid waste used as raw materials or intermediate products in the manufacture of their products.
........................................................................................................................................ ” (NR)
Section III
On Losses in the Receipt of Credits in the Determination of Taxable Income and of the Calculation Basis of the Social Contribution on Net Profit
Art. 8
Law No. 9.430, of 27 December 1996
, shall come into force with the following amendments:
“Art. 9 ..........................................................................................................................
§ 1 ................................................................................................................................
....................................................................................................................................................
IV - against a debtor declared bankrupt or a legal entity in concordata or judicial reorganization, in relation to the portion that exceeds the amount that it has committed to pay, observing the provisions of § 5.
§ 2 In the case of a credit contract in which the non-payment of one or more installments implies the automatic maturity of all other future installments, the limits referred to in subparagraphs a and b of item II of § 1
and subparagraphs a and b of item II of § 7
shall be considered in relation to the total credits, per transaction, with the same debtor.
....................................................................................................................................................
§ 4 In the case of credit with a legal entity in bankruptcy proceedings, in concordata or in judicial reorganization, the deduction of the loss shall be allowed from the date of the declaration of bankruptcy or the approval of the processing of the concordata or judicial reorganization, provided that the creditor has taken the necessary legal procedures to receive the credit.
§ 5 The portion of the credit whose commitment to pay has not been honored by the legal entity in concordata or judicial reorganization may also be deducted as a loss, observing the conditions set forth in this article.
....................................................................................................................................................
§ 7 For contracts in default as of the date of publication of Provisional Measure No. 656, of 7 October 2014 , the following credits may be recorded as loss:
I - in relation to which there has been a declaration of insolvency of the debtor, in a sentence issued by the Judiciary;
II - without guarantee, of value:
a) up to R$ 15,000.00 (fifteen thousand reais), per transaction, overdue for more than six months, regardless of whether legal proceedings for their receipt have been initiated;
b) above R$ 15,000.00 (fifteen thousand reais) up to R$ 100,000.00 (one hundred thousand reais), per transaction, overdue for more than one year, regardless of whether legal proceedings for their receipt have been initiated, with administrative collection maintained; and
c) over R$ 100,000.00 (one hundred thousand reais), overdue for more than one year, provided that legal proceedings for their receipt have been initiated and maintained;
III - with guarantee, overdue for more than two years, of value:
a) up to R$ 50,000.00 (fifty thousand reais), regardless of whether legal proceedings for their receipt or the attachment of the guarantees have been initiated; and
b) over R$ 50,000.00 (fifty thousand reais), provided that legal proceedings for their receipt or the attachment of the guarantees have been initiated and maintained; and
IV - against a debtor declared bankrupt or a legal entity in concordata or judicial reorganization, in relation to the portion that exceeds the amount that it has committed to pay, observing the provisions of § 5 .” (NR)
“Art. 10. ........................................................................................................................
I - from the account that records the credit addressed in subparagraph a of item II of § 1
of art. 9
and subparagraph a of item II of § 7
of art. 9 ;
........................................................................................................................................ ” (NR)
“Art. 11. ........................................................................................................................
§ 1º Except for the hypotheses of items a and b of item II of § 1º
of art. 9º, of items a and b of item II of § 7º
of art. 9º
and of item a of item III of § 7º
of art. 9º, the provisions of this article apply only when the legal entity has taken the necessary judicial measures to receive the credit.
........................................................................................................................................ ” (NR)
“Art. 74. ........................................................................................................................
....................................................................................................................................................
§ 17. An isolated fine of 50% (fifty percent) shall be applied on the amount of the debt subject to a non-approved compensation declaration, except in the case of falsity of the declaration submitted by the taxpayer. (See ADI 4905)
........................................................................................................................................ ” (NR)
Section IV
On the Return Abroad or Destruction of Foreign Merchandise whose Importation is not Authorized
Art. 9º A
Law No. 12.715, of 17 September 2012
, shall come into force with the following amendments:
“Art. 46. The importer of foreign merchandise whose importation is not authorized by a consenting agency based on legislation relating to health, metrology, public security, environmental protection, sanitary, phytosanitary and zoosanitary controls is obliged to return the merchandise abroad, within up to 30 (thirty) days from becoming aware of the non-authorization.
§ 1º In cases where specific legislation determines, the return of the merchandise abroad shall be to the country of origin or shipment.
§ 2º When it deems necessary, the consenting agency shall determine the destruction of the merchandise within a period equal to or less than that provided in the caput.
I - (revoked);
II - (revoked).
§ 3º Packaging and support or packing units for transport that fall under the classification of non-authorization of importation provided in the
caput
are subject to the return or destruction referred to in this article, whether or not accompanying merchandise and regardless of the situation and treatment given to such merchandise.
§ 4º The obligation to return or destroy shall be that of the international carrier in the case of merchandise covered by an order bill of lading, consigned to a non-existent person or to a person with unknown or unlocated domicile in the Country.
§ 5º In justified cases, the periods for return or destruction may be extended, at the discretion of the consenting agency.
§ 6º After the period for return or destruction of the merchandise has elapsed, considering the extensions granted by the consenting agency, and the measure has not been adopted, a fine in the amount of R$ 10.00 (ten reais) per kilogram or fraction of the merchandise shall be applied to the infringer, importer or carrier, not less than R$ 500.00 (five hundred reais) in total.
§ 7º After the period of 10 (ten) days has elapsed, counted from the first day after the end of the period referred to in § 6º, and the measure has not been adopted:
I - the infringer, importer or carrier, shall be subject to a fine in the amount of R$ 20.00 (twenty reais) per kilogram or fraction of the merchandise, not less than R$ 1,000.00 (one thousand reais) in total, without prejudice to the penalty provided in § 6º;
II - the importer shall be subject to suspension of the authorization to operate in foreign trade, in the manner established by the Secretariat of the Federal Revenue of Brazil, without prejudice to the provisions of item I of this paragraph; and
III - the obligation to return or destroy the merchandise shall become that of the depositary or the port operator to whom it has been entrusted, and in this case:
a) a new period shall be set by the consenting agency for compliance with the obligation; and
b) the depositary or the port operator shall be subject to the application of the provisions of § 6º
and of the
caput
and item I of this paragraph.
§ 8º In the hypothesis referred to in item III of § 7º, the importer or the international carrier, as the case may be, is obliged to reimburse the depositary or the port operator for the expenses incurred in the return or destruction, without prejudice to payment for the storage services provided.
I - (revoked);
II - (revoked).
§ 9º In the case of loss of the merchandise, a fine in the amount of R$ 30.00 (thirty reais) per kilogram or fraction of the merchandise shall be applied to the responsible party, not less than R$ 1,500.00 (one thousand five hundred reais) in total.
§ 10. Once the period established for return or destruction of the merchandise by the depositary or the port operator has expired, considering the extensions granted by the consenting agency, and the measure has not been adopted, the return or destruction may be carried out ex officio by the consenting agency, with all costs falling on the importer or the international carrier, as the case may be.
I - (revoked);
II - (revoked).
§ 11. The legal representative of the foreign carrier in the Country shall be subject to the obligation provided in § 4º
and shall be liable for the fines and reimbursements provided in §§ 6º, 7º
and 8º, when these are attributed to the carrier.
§ 12. The consenting agency may carry out ex officio and at any time the destruction or return of merchandise that, at its discretion, presents imminent risk.
§ 13. The notices, including for awareness of the deadlines, and the application of the penalties provided for in this article shall be drawn up by an Auditor-Fiscal of the Brazilian Federal Revenue, observing the formalization in an infraction notice, the procedure and the competencies for judgment established in Decreto nº 70.235, de 6 de março de 1972 .
§ 14. The provisions of this article do not prejudice the application of other penalties, nor the fiscal representation for criminal purposes, when applicable.
§ 15. The provisions of this article apply, as applicable, to merchandise already cleared and delivered, in relation to which any of the hypotheses provided for in the
caput .
§ 16. The Executive Branch may regulate the provisions of this article.” (NR)
Section V
On the Individual Income Tax
Art. 10. (VETOED).
Section VI
On the Tax Relief for the Salt Industry
Art. 11. (VETOED).
Section VII
On the Use of Goodwill for Future Profitability (goodwill) and the Capital Gain Resulting from Operations between Dependent or Related Parties
Art. 12. (VETOED).
Section VIII
On the Granting of Presumed IPI Credit as Reimbursement of PIS/Cofins for Industrial Enterprises Installed in the Areas of Operation of the Superintendence for the Development of the Amazon - SUDAM and the Superintendence for the Development of the Northeast - SUDENE
Art. 13. (VETOED).
Section IX
On the Taxation of Cold Beverages
Subsection I
On the Scope of the Tax Regime Applicable to the Production and Commercialization of Beers, Soft Drinks and Other Beverages
Art. 14. Observing the provisions of this Law, the Contribution to PIS/PASEP, the Contribution to the Financing of Social Security - COFINS, the Contribution to PIS/PASEP-Import, the COFINS-Import and the Tax on Industrialized Products - IPI owed by importers and by legal entities that carry out the industrialization and commercialization of products classified under the following codes of the Table of Incidence of the Tax on Industrialized Products - TIPI, approved by Decreto nº 7.660, de 23 de dezembro de 2011 , shall be required in the form of the legislation applicable to legal entities in general: (Effective)
Regulation
(Effective)
I - 2106.90.10 Ex 02;
II - 22.01, except Ex 01 and Ex 02 of code 2201.10.00;
III - 22.02, except Ex 01, Ex 02 and Ex 03 of code 2202.90.00; and
IV - 22.02.90.00 Ex 03 and 22.03.
Sole paragraph. The provisions of this article, in relation to positions 22.01 and 22.02 of the TIPI, cover exclusively water and soft drinks, teas, refreshments, non-alcoholic beer, hydroelectrolyte replenishers, energy drinks and liquid compounds ready for consumption that contain as main ingredient inositol, glucoronolactone, taurine or caffeine.
Subsection II
On the Tax on Industrialized Products
Art. 15. The IPI rates incident on customs clearance and on the exit from industrial or equivalent establishments of the products dealt with in art. 14 are as follows: (Effective)
Regulation
(Effective)
I - 6% (six percent), for the products of item IV of art. 14; and
II - 4% (four percent), for the other products dealt with in art. 14, without prejudice to eventual reductions provided for products that contain fruit juice, guaraná seed extract or açaí extract, under the terms of the applicable legislation.
§ 1º In the hypothesis of exit of the products dealt with in art. 14 from the importing, industrial or equivalent establishment under the terms of art. 18 to a retail legal entity or final consumer, the rates dealt with in this article are reduced by:
I - 22% (twenty-two percent) for the triggering events occurring in the calendar year 2015; and
II - 25% (twenty-five percent) for the triggering events occurring from the calendar year 2016 onwards.
§ 2º The reductions dealt with in § 1º do not apply in the hypothesis in which the equipment referred to in art. 35 are not installed or in normal operation, under the terms defined by the Brazilian Federal Revenue Secretariat.
§ 3º In the hypothesis of non-observance of the provisions of § 1º, the legal entity acquiring the products dealt with in art. 14 is jointly and severally responsible with the importing, industrial or equivalent establishment for the collection of the tax that was not paid as a result of the rate reductions provided for in that paragraph, with the applicable additions.
§ 3º In the hypothesis of non-observance of the conditions established for the application of the reductions dealt with in § 1º, the importing, industrial or equivalent establishment of the products dealt with in art. 14 shall be subsidiarily responsible with the acquiring legal entity for the collection of the tax that was not paid as a result of the rate reductions provided for in that paragraph, with the applicable additions
(Redaction given by Lei nº 13.137, de 2015)
(Effective)
(Production of effects)
§ 4º The provisions of the caput and § 1º do not apply in the hypothesis of exit of the products dealt with in art. 14 from industrial or equivalent establishments of legal entities opting for the Special Unified Regime for the Collection of Taxes and Contributions owed by Microenterprises and Small Businesses - SIMPLES NACIONAL.
§ 5º From the publication of this Law, the application of the rules for suspension of IPI on exits promoted by industrial and equivalent establishments of the legal entities listed in art. 14 shall not be admitted.
Art. 16. Observing the provisions of § 1º of art. 15, the rate referred to in item I of the caput of art. 15 incident on the exit from industrial establishments of special beers and draft beers classified under the TIPI code referred to in item IV of art. 14 is reduced, under the terms of Annex II of this Law. (Effective)
Regulation
(Effective)
§ 1º The Executive Branch shall regulate the characteristics necessary for the products listed in Annex II to be considered special.
§ 2 The calculation of the total production volumes established in Annex II of this Law shall consider the sum of the total production of special beers and draft beers of the legal entity manufacturing the special beers and draft beers referred to in the caput plus the total production of special beers and draft beers of all legal entities that maintain with it any of the relationships established in the items of the caput of art. 18.
§ 3 The legal entity whose total production of special beers and draft beers, calculated as per § 2, exceeds the maximum limit established in Annex II of this Law may not apply the rate reduction referred to in the caput.
Art. 17. For the purposes of § 1 of art. 15, a retailer is considered to be a legal entity whose revenue from the sale of goods and services to the final consumer in the calendar year immediately preceding the operation was equal to or greater than 75% (seventy-five percent) of its total revenue from the sale of goods and services in the same period, after excluding taxes and contributions levied on the sale. (Effectiveness)
Regulation
(Effectiveness)
Sole paragraph. A legal entity in the start-up phase may be considered a retailer, provided that the terms and conditions established in an act of the Brazilian Federal Revenue Secretariat are met.
Art. 18. For the purposes of the IPI incidence, in the resale operations of the products referred to in art. 14, the establishment of a legal entity is equated to an industrial establishment: (Effectiveness)
Regulation
(Effectiveness)
I - characterized as a controlling, controlled, or affiliated company of a legal entity that industrializes or imports the products referred to in art. 14, as defined in art. 243 of Law No. 6,404 of December 15, 1976;
II - characterized as a branch of a legal entity that industrializes or imports the products referred to in art. 14;
III - that, together with a legal entity that industrializes or imports the products referred to in art. 14, is under common corporate or administrative control;
IV - that has a partner or controlling shareholder, in direct or indirect participation, who is a spouse, partner, or relative, by blood or affinity, in a direct or collateral line, up to the third degree, of a partner or controlling shareholder of a legal entity that industrializes or imports the products referred to in art. 14;
V - that has participation in the share capital of a legal entity that industrializes or imports the products referred to in art. 14, except in cases of participation of less than 1% (one percent) in a legal entity registered as a publicly traded company with the Brazilian Securities and Exchange Commission;
VI - that has, in common with a legal entity that industrializes or imports the products referred to in art. 14, a director or partner who performs management functions, even if these functions are performed under another designation;
VII - when it has acquired or received on consignment, in the previous year, more than 20% (twenty percent) of the output volume of the legal entity that industrializes or imports the products referred to in art. 14.
Art. 19. On the exit of the products referred to in art. 14 from the establishment of an industrial or equated legal entity as per art. 18 that maintains with the transporting legal entity any of the relationships mentioned in the items of art. 18, the freight value shall be included in the IPI calculation basis. (Effectiveness)
Regulation
(Effectiveness)
Art. 20. In case of non-compliance with the equating established by art. 18, the producing, manufacturing, or importing legal entity of the products referred to in art. 14 and the legal entity that has an establishment equated as per art. 18 are jointly and severally liable for the unpaid tax, with applicable additions. (Effectiveness)
Regulation
(Effectiveness)
Art. 21. When the industrialization of the products referred to in art. 14 is done by order, the IPI shall be due on the exit of the product: (Effectiveness)
Regulation
(Effectiveness)
I - from the establishment that industrializes it; and
II - from the ordering establishment, which may credit itself with the IPI charged as per item I.
Sole paragraph. The ordering party and the industrializer are jointly and severally liable for the IPI due in the operations referred to in the caput.
Art. 22. The wholesale commercial establishment that possesses or keeps products referred to in art. 14 unaccompanied by documentation proving their origin, or that gives them exit, is subject to the payment of IPI as responsible. (Effectiveness)
Regulation
(Effectiveness)
Art. 23. Without prejudice to the provisions of art. 48 of Law No. 4,502 of November 30, 1964, the invoices for the commercialization of the products referred to in art. 14, issued by the industrial or equated establishment, must contain the description of the commercial brand, type of packaging, and volume of the products, for their perfect identification and calculation of the tax due. (Effectiveness)
Regulation
(Effectiveness)
Sole paragraph. Non-compliance with the provisions of the caput shall result in considering the invoices as falling under art. 53 of Law No. 4,502 of November 30, 1964.
Subsection III
On the PIS/PASEP and COFINS Contribution
Art. 24. The rates of the contributions levied on the importation of the products referred to in art. 14 are as follows: (Effectiveness)
Regulation
(Effectiveness)
(See Complementary Law No. 214 of 2025)
Production of effects
I - 2.32% (two point thirty-two percent), in the case of the PIS/PASEP-Importation Contribution; and
(See Law No. 13,137 of 2015)
(Effectiveness)
II - 10.68% (ten point sixty-eight percent), in the case of COFINS-Importation.
I - in the case of importation of the products referred to in items I to III of the
caput
of art. 14: (Text given by Law No. 13,137 of 2015)
(Effectiveness)
a) 3.31% (three point thirty-one percent), for the PIS/Pasep-Importation Contribution; and (Included by Law No. 13,137 of 2015)
(Effectiveness)
b) 15.26% (fifteen point twenty-six percent), for Cofins-Importation; (Included by Law No. 13,137 of 2015)
(Effective)
II - in the case of importation of the products referred to in item IV of the
caput
of art. 14: (Wording given by Law No. 13.137, of 2015)
(Effective)
a) 3.74% (three point seventy-four percent), for the Contribution to PIS/Pasep-Importation; and (Included by Law No. 13.137, of 2015)
(Effective)
b) 17.23% (seventeen point twenty-three percent), for Cofins-Importation. (Included by Law No. 13.137, of 2015)
(Effective)
Art. 25. The rates of the contributions incident on the revenue arising from the sale of the products dealt with in art. 14 are as follows: (Effective)
Regulation
(Effective)
(See Complementary Law No. 214, of 2025)
Production of effects
I - 2.32% (two point thirty-two percent), in the case of the Contribution to PIS/PASEP;
II - 10.68% (ten point sixty-eight percent), in the case of COFINS.
§ 1º In the case of sales made to a retail legal entity or final consumer, the rates of the contributions incident on the revenue arising from the sale of the products dealt with in art. 14 are as follows:
I - 1.86% (one point eighty-six percent), in the case of the Contribution to PIS/PASEP;
II - 8.54% (eight point fifty-four percent), in the case of COFINS.
§ 1º In the case of sales made to a retail legal entity or final consumer, the rates dealt with in the
caput
are reduced by:
(Wording given by Law No. 13.137, of 2015)
(Effective)
(Production of effects)
I - 19.82% (nineteen point eighty-two percent), in the case of the Contribution to PIS/Pasep;
(Wording given by Law No. 13.137, of 2015)
(Effective)
(Production of effects)
II - 20.03% (twenty point three percent), in the case of Cofins.
(Wording given by Law No. 13.137, of 2015)
(Effective)
(Production of effects)
§ 2º The rates dealt with in the caput and § 1º apply also to the revenue arising from the sale of the products dealt with in art. 14 earned by legal entities subject to the cumulative assessment regime of the Contribution to PIS/PASEP and of COFINS, except on the revenues earned by legal entities opting for SIMPLES NACIONAL.
§ 3º In the case of industrialization by order of the products dealt with in art. 14, the provisions of §§ 2º and 3º of art. 10 of Law No. 11.051, of 29 December 2004, apply to the legal entity executing the order.
§ 3º In the case of industrialization by order of the products dealt with in art. 14, the provisions of §§ 2º and 3º of art. 10 of Law No. 11.051, of 29 December 2004, apply to the legal entity executing the order, regardless of the assessment regime to which it is subject.
(Wording given by Law No. 13.137, of 2015)
(Effective)
(Production of effects)
§ 4º In the event of non-observance of the conditions established for the application of the rates dealt with in § 1º, the legal entity transferring the products dealt with in art. 14 shall be jointly liable with the acquiring legal entity for the collection of the contributions that ceased to be paid as a result of the rate reductions provided for in that paragraph, with the applicable additions.
(Included by Law No. 13.137, of 2015)
(Effective)
(Production of effects)
Art. 26. The rates referred to in the caput of art. 25, incident on the revenue arising from the sale of special beers and draft beers classified under the TIPI code referred to in item IV of art. 14, earned by the legal entity that has industrialized them, are reduced in accordance with Annex II of this Law. (Effective)
Regulation
(Effective)
(See Complementary Law No. 214, of 2025)
Production of effects
§ 1º The Executive Power shall regulate the characteristics necessary for the products listed in Annex II to be considered special.
§ 2º For the calculation of the total production volumes established in Annex II of this Law, the sum of the total production of special beers and draft beers of the legal entity manufacturing the special beers and draft beers dealt with in the caput with the total production of special beers and draft beers of all legal entities that maintain with it any of the relationships established in the items of the caput of art. 18 shall be considered.
§ 3º The legal entity whose total production of special beers and draft beers, calculated in the form of § 2º, exceeds the maximum limit established in Annex II of this Law may not apply the rate reduction dealt with in the caput.
Art. 27. In the sales operations of the products dealt with in art. 14 by an industrial or wholesale legal entity, the value of the freight shall integrate the calculation basis of the Contribution to PIS/PASEP and of COFINS assessed by the legal entity selling the aforementioned products. (Effective)
Regulation
(Effective)
(See Complementary Law No. 214, of 2025)
Production of effects
Art. 28. The rates of the Contribution to PIS/PASEP and of COFINS incident on the revenue arising from the sale of the products dealt with in art. 14, when earned by the retail legal entity defined in the form of art. 17, are reduced to 0 (zero). (Effective)
Regulation
(Effectiveness)
(See Complementary Law No. 214, of 2025)
Production of effects
§ 1º The provisions of the caput:
I - do not apply to legal entities that industrialize or import the products referred to in art. 14 and to legal entities that have an establishment equivalent to an industrial one under the terms of art. 18;
II - applies including to legal entities subject to the cumulative assessment regime of the Contribution to PIS/PASEP and COFINS.
§ 2º The provisions of item II of § 1º apply including to legal entities opting for Simples Nacional.
Art. 29. It is prohibited for the legal entity to deduct the credits of the Contribution to PIS/PASEP and COFINS referred to in item I of art. 3 of Law No. 10.637, of 30 December 2002, and item I of art. 3 of Law No. 10.833, of 29 December 2003, in relation to the products referred to in art. 14 of this Law resold with the application of the rate reduction established by art. 28. (Effectiveness)
(Regulation)
(Effectiveness)
Art. 29. Legal entities are prohibited from deducting the credits of the PIS/Pasep Contribution and Cofins referred to in arts. 30 and 31 of this Law, item I of art. 3 of Law No. 10.637, of 30 December 2002, and item I of art. 3 of Law No. 10.833, of 29 December 2003, in relation to the products referred to in art. 14 of this Law resold with the application of the rate reduction established in art. 28 of this Law.
(Wording given by Law No. 13.137, of 2015)
(Effective date)
(Entry into force of effects)
(See Supplementary Law No. 214, of 2025)
Entry into force of effects
Art. 30. Legal entities subject to the non-cumulative assessment regime may deduct credits of the PIS/PASEP Contribution and COFINS in relation to the acquisition on the domestic market or the importation of the products referred to in art. 14. (Effective date)
Regulation
(Effective date)
(See Supplementary Law No. 214, of 2025)
Entry into force of effects
§ 1º In the case of acquisition on the domestic market, the credits referred to in the caput correspond to the values stated on the invoice by the seller, in accordance with art. 36.
§ 2º In the case of acquisition of the products referred to in the caput from a legal entity opting for the Simples Nacional, the credits shall be calculated by applying to the acquisition value stated on the tax document a percentage corresponding to:
I - 0.38% (thirty-eight hundredths of one percent), in relation to the PIS/Pasep Contribution; and
II - 1.60% (one and sixty hundredths of one percent), in relation to Cofins.
§ 3º In the case of importation, the credits referred to in the caput correspond to the values of the PIS/PASEP-Importação Contribution and COFINS-Importação actually paid on the importation of the products referred to in art. 14.
§ 4º The provisions of the
caput
and of §§ 1º and 2º shall apply, including in the case of processing on commission.
(Included by Law No. 13.137, of 2015)
(Effective date)
(Entry into force of effects)
Art. 31. Legal entities subject to the cumulative assessment regime, except for legal entities opting for the Simples Nacional, may deduct deemed credits of the PIS/Pasep Contribution and Cofins in relation to the acquisition on the domestic market of the products referred to in art. 14. (Effective date)
(Regulation)
(Effective date)
(See Supplementary Law No. 214, of 2025)
Entry into force of effects
§ 1º In the case of acquisition on the domestic market referred to in the caput, the deemed credits referred to in the caput correspond to the values stated on the invoice by the seller, in accordance with art. 36.
§ 2º In the case of acquisition of the products referred to in the caput from a legal entity opting for the Simples Nacional, the deemed credits shall be calculated by applying to the acquisition value stated on the tax document a percentage corresponding to:
I - 0.38% (thirty-eight hundredths of one percent), in relation to the PIS/PASEP Contribution; and
II - 1.60% (one and sixty hundredths of one percent), in relation to COFINS.
§ 3º The provisions of the
caput
and of §§ 1º and 2º shall apply, including in the case of processing on commission.
(Included by Law No. 13.137, of 2015)
(Effective date)
(Entry into force of effects)
Art. 32. The credits referred to in arts. 30 and 31 may only be used to offset the value of the PIS/PASEP Contribution and COFINS due by the legal entity. (Effective date)
Regulation
(Effective date)
(See Supplementary Law No. 214, of 2025)
Entry into force of effects
Subsection IV
Of Minimum Values
Art. 33. Minimum values of the IPI, the PIS/Pasep Contribution, Cofins, the PIS/Pasep-Importação Contribution and Cofins-Importação are established as a function of the fiscal classification in the TIPI, the type of product and the capacity of the container, as per Annex I of this Law. (Effective date)
Regulation
(Effective date)
§ 1º The Executive Branch may alter the minimum values referred to in the caput.
§ 2º Any reductions provided for products containing fruit juice, guaraná seed extract or açaí extract, in accordance with the applicable legislation, shall apply to the minimum values referred to in the caput.
Subsection V
Transitional Provisions
Art. 34. Until 31 December 2017, observing the provisions of art. 25, the rates of the PIS/PASEP Contribution, COFINS, the PIS/PASEP-Importação Contribution and COFINS-Importação are reduced, in accordance with Annex III of this Law. (Effective date)
Regulation
(Effective date)
(See Supplementary Law No. 214, of 2025)
Entry into force of effects
Subsection VI
Final Provisions
Art. 35. Legal entities that manufacture the products referred to in art. 14 are required to install production counting equipment, which also enables the identification of the type of product, packaging and its commercial brand, applying, as applicable, the provisions contained in arts. 27 to 30 of Law No. 11,488, of 15 June 2007. (Effective)
Regulation
(Effective)
Sole paragraph. The Secretaria da Receita Federal do Brasil shall establish the form, limits, conditions and deadlines for the application of the mandatory requirement set forth in the caput of this article, without prejudice to the provisions of art. 36 of Provisional Measure No. 2.158-35, of 24 August 2001.
Art. 36. Legal entities that are industrial, import or commercial entities of the products referred to in art. 14, except legal entities opting for the Simples Nacional, shall inform the amounts due for the PIS/PASEP Contribution and COFINS in the outgoing invoices relating to their operations. (Effective)
Regulation
(Effective)
(See Complementary Law No. 214, of 2025)
Taking effect
§ 1º In determining the amount to be informed, the applicable reductions in rates established in this Law must be considered.
§ 2º The provisions of this article apply, including, to the legal entity executing the order, in the case of manufacturing on order.
Art. 37. Art. 3 of
Law No. 10,833, of 29 December 2003,
shall enter into force with the following wording: (Effective)
“Art. 3º ..........................................................................................................................
....................................................................................................................................................
§ 16. Optionally, the taxpayer may calculate the credit referred to in item III of § 1 of this article, relating to the acquisition of returnable glass packaging classified under code 7010.90.21 of the Tipi, destined for fixed assets, in accordance with the regulations of the Secretaria da Receita Federal do Brasil, within a period of 12 (twelve) months, at the rate of 1/12 (one twelfth).
I - (repealed);
II - (repealed).
......................................................................................................................................... ” (NR)
Art. 38. Art. 17 of
Law No. 10,865, of 30 April 2004
, shall enter into force with the following wording: (Effective)
“Art. 17. Legal entities importing the products referred to in §§ 1 to 3, 5 to 10, 17 and 19 of art. 8 of this Law may deduct credit, for the purposes of determining the PIS/Pasep Contribution and Cofins, in relation to the importation of such products, in the following cases:
....................................................................................................................................................
§ 6º Optionally, the taxpayer may calculate the credit referred to in § 4 of art. 15 of this Law relating to the acquisition of containers classified under code 7010.90.21 of the Tipi, destined for fixed assets, within a period of 12 (twelve) months, may credit itself, each month, with 1/12 (one twelfth) of the amount of the contribution levied, at a specific rate, on the acquisition of the containers, in accordance with the regulations of the Secretaria da Receita Federal.
......................................................................................................................................... ” (NR)
Art. 39. Art. 10 of
Law No. 11,051, of 29 December 2004
, shall enter into force with the following amendment: (Effective)
“Art. 10. ........................................................................................................................
§ 1º In the case of the products referred to in items I and V of the caput, the ordering legal entity shall have the right to opt for the special regime referred to in art. 23 of Law No. 10,865, of 30 April 2004.
......................................................................................................................................... ” (NR)
Section X
On PIS/Cofins Credits for Public Service Concessionaires
Art. 40. (VETOED).
Art. 41. (VETOED).
Art. 42. (VETOED).
Section XI
On the Deductibility of Interest Paid or Credited on Account of Debt Securities Issued Abroad in the Determination of Taxable Income and the Base for Calculating the Social Contribution on Net Profit
Art. 43. (VETOED).
Art. 44. (VETOED).
Section XII
On Adherence to Installment Programs and Early Settlement of Federal Debts Installmented by the Taxpayer under Judicial Recovery
Art. 45. (VETOED).
Section XIII
On the Discarding of Physical Documents in the Electronic Administrative Process
Art. 46. Art. 64-B of
Decree No. 70,235, of March 6, 1972
, shall come into force with the addition of the following § 3:
"Art. 64-B. ....................................................................................................................
....................................................................................................................................................
§ 3 The physical originals of the acts, terms and documents digitized and stored electronically, in accordance with § 1, may be disposed of, as per regulation." (NR)
Art. 47. Art. 23 of
Law No. 12,865, of October 9, 2013
, shall come into force with the following wording:
"Art. 23. ........................................................................................................................
§ 1 The norms mentioned in the caput shall provide for the set of procedures and technical operations referring to the production, classification, processing, use, evaluation, archiving, reproduction and access to the digitized document and the document that gave rise to it, observing the provisions of arts. 7 to 10 of Law No. 8,159, of January 8, 1991, when dealing with public documents.
§ 2 The National Monetary Council may further regulate the procedure for the disposal of physical originals of documents digitized and stored electronically, in accordance with § 1." (NR)
Section XIV
On the Submission of the Collection Form for the Guarantee Fund for Length of Service and Information to Social Security - GFIP
Art. 48. The provisions of art. 32-A of Law No. 8,212, of July 24, 1991, shall cease to have effect in relation to the generating facts occurring in the period from May 27, 2009 to December 31, 2013, in the case of submission of a declaration without the occurrence of generating facts of social security contribution.
Art. 49. The fines provided for in art. 32-A of Law No. 8,212, of July 24, 1991, assessed until the publication of this Law, are amnestied, provided that the declaration referred to in item IV of the
caput of art. 32 of Law No. 8,212, of July 24, 1991
, has been submitted by the last day of the month following the one scheduled for submission.
Art. 50. The provisions of arts. 48 and 49 do not imply restitution or compensation of amounts paid.
Section XV
On the Subsidy for Interest Equalization for Industrial Exporting Companies
Art. 51. (VETOED).
CHAPTER II
ON CREDIT OPERATIONS WITH PAYROLL DEDUCTION
Art. 52.
Law No. 10,820, of December 17, 2003
, shall come into force with the following amendments:
"Art. 1 Employees governed by the Consolidation of Labor Laws - CLT, approved by
Decree-Law No.
5,452, of May 1
of 1943, may authorize, irrevocably and irreversibly, the deduction from payroll or from their available remuneration of amounts referring to the payment of loans, financing and leasing operations granted by financial institutions and leasing companies, when provided for in the respective contracts.
....................................................................................................................................................
§ 3 The employees referred to in the
caput
may request the blocking, at any time, of new deductions.
§ 4 The provisions of § 3
do not apply to deductions authorized prior to the date of the request for blocking." (NR)
"Art. 2 ..........................................................................................................................
I - employer, the legal entity as defined by labor legislation and the entrepreneur referred to in
Title I of Book II of the Special Part of Law No.
10,406, of January 10, 2002 - Civil Code;
....................................................................................................................................................
IV - borrower, employee who signs with a consignee institution a loan, financing or leasing contract regulated by this Law;
....................................................................................................................................................
VI - maintaining financial institution, the institution referred to in item III of the
caput
and which maintains the accounts for credit of the available remuneration of employees;
VII - deduction, act of deducting, from the payroll or at a time prior to the credit owed by the employer to the employee as available remuneration or severance pay, the amount of the installments assumed in loan, financing or leasing operations; and
VIII - available remuneration, the salaries, subsidies, wages, salaries or remunerations, after deducting compulsory assignments.
......................................................................................................................................... ” (NR)
“Art. 3º ..........................................................................................................................
....................................................................................................................................................
II - make available to employees, as well as to their respective union entities that request them, the information regarding the costs referred to in § 2º; and
III - carry out the deductions authorized by the employee, including on termination payments, and transfer the amount to the consignee institution in the manner and within the period provided for in regulations.
......................................................................................................................................... ” (NR)
“Art. 4º ..........................................................................................................................
§ 1º (VETOED).
....................................................................................................................................................
§ 3º In the event that one of the agreements referred to in §§ 1º
or 2º
is signed and all the requirements and conditions set forth therein are observed and met by the employee, including the credit granting rules, the consignee institution may not refuse to enter into the loan, financing or leasing agreement.
....................................................................................................................................................
§ 8º The employer or the consignee institution is obliged to make available, including in electronic means, the option to block new deductions.” (NR)
“Art. 5º The employer shall be responsible for the information provided, for the deduction of the amounts owed and for their transfer to the consignee institutions, which must be carried out by the fifth business day after the date of payment to the borrower of their available remuneration.
§ 1º The employer, unless otherwise provided in a contract, shall not be jointly responsible for the payment of the loans, financing and leasing granted to its employees, but shall be liable as principal and joint debtor before the consignee institution for amounts owed to it as a result of contracts confirmed by it in the form of this Law and its regulations that, due to its fault or negligence, are not withheld or transferred.
§ 2º In the event of proof that the monthly payment of the loan, financing or leasing has been deducted from the borrower and has not been transferred by the employer, or by the maintaining financial institution, in the form of § 5º, to the consignee institution, the latter is prohibited from including the borrower's name in a default registry.
§ 3º In the event of the occurrence of the situation described in § 2º, it is appropriate to file a deposit action, under the terms of Chapter II of Title I of Book IV of Law No.
5.869, of January 11, 1973 - Code of Civil Procedure, against the employer, or the maintaining financial institution, if responsible for the deduction, in the form of § 5º, and its legal representatives.
....................................................................................................................................................
§ 5º The agreement signed between the employer and the maintaining financial institution may provide that the responsibility for the deduction referred to in the
caput
shall be that of the maintaining financial institution.” (NR)
CHAPTER III
OF PUBLIC REGISTRIES
Section I
Of the Registry of Real Right of Guarantee over Rural Properties Located in Border Strips
Art. 53. Art. 2º of Law No. 6.634, of May 2, 1979, shall come into force with the addition of the following § 4º:
Art. 2 .........................................................................................................................
...................................................................................................................................................
§ 4º The exception to the provisions of item V is the case of constitution of a real right of guarantee in favor of a financial institution, as well as the receipt of a property in settlement of a loan referred to in item II of art. 35 of Law No. 4.595, of December 31, 1964.” (NR)
Section II
Of the Registrations in the Property Registry
Art. 54. Legal transactions aimed at constituting, transferring or modifying real rights over properties are effective in relation to preceding legal acts, in cases where the following information has not been registered or recorded in the property registry: (Effective)
I - registration of citation of real or personal reipersecutory actions;
II - recording, upon request of the interested party, of judicial constraint, of the filing of an execution action or of the sentence enforcement phase, proceeding in accordance with the provisions of
art. 615-A of Law No.
5.869, of January 11, 1973
-
Code of Civil Procedure
;
II - recording, upon request of the interested party, of judicial constraint, that the execution was admitted by the judge or of the sentence enforcement phase, proceeding in accordance with the provisions of art. 828 of Law No. 13.105, of March 16, 2015 - Code of Civil Procedure; (Redaction given by Provisional Measure No. 1.085, of 2021)
II - recording, upon request of the interested party, of judicial constraint, that the execution was admitted by the judge or of the sentence enforcement phase, proceeding in accordance with the provisions of art. 828 of Law No. 13.105, of March 16, 2015 (Code of Civil Procedure);
(Redaction given by Law No. 14.382, of 2022)
III - recording of administrative or contractual restriction on the enjoyment of registered rights, of unavailability or other encumbrances when provided for by law; and
IV - annotation, by means of a judicial decision, of the existence of another type of action whose results or patrimonial liability may reduce its owner to insolvency, under the terms of
item II of art. 593 of Law No. 5,869, of 11 January 1973 - Code of Civil Procedure.
IV - annotation, by means of a judicial decision, of the existence of another type of action whose results or patrimonial liability may reduce its owner to insolvency, under the terms of the provisions of item IV of the caput of art. 792 of Law No. 13,105, of 2015 - Code of Civil Procedure. (Redaction given by Provisional Measure No. 1,085, of 2021)
IV - annotation, by means of a judicial decision, of the existence of another type of action whose results or patrimonial liability may reduce its owner to insolvency, under the terms of item IV of the caput of art. 792 of Law No. 13,105, of 16 March 2015 (Code of Civil Procedure).
(Redaction given by Law No. 14,382, of 2022)
V - annotation, by means of a judicial decision, of any type of judicial constraint affecting the property or the assets of the owner of the property, including that arising from an action for administrative improbity or that arising from a judicial mortgage. (Included by Law No. 14,825, of 2024)
Sole paragraph. Legal situations not recorded in the registration of the Real Estate Registry may not be asserted, including for purposes of eviction, against a third party in good faith who acquires or receives as security rights in rem over the property, except as provided in
arts. 129 and 130 of Law No.
11,101, of 9 February 2005, and the cases of acquisition and extinction of property that do not depend on registration of title to the property.
(Revoked by Provisional Measure No. 1,085, of 2021)
§ 1º Legal situations not recorded in the registration of the real estate registry may not be asserted, including for purposes of eviction, against a third party in good faith who acquires or receives as security rights in rem over the property, except as provided in
art. 129 and art. 130 of Law No. 11,101, of 9 February 2005, and the cases of acquisition and extinction of property that do not depend on registration of title to the property. (Included by Provisional Measure No. 1,085, of 2021)
§ 1º Legal situations not recorded in the registration of the real estate registry may not be asserted, including for purposes of eviction, against a third party in good faith who acquires or receives as security rights in rem over the property, except as provided in
arts. 129
and
130 of Law No. 11,101, of 9 February 2005, and the cases of acquisition and extinction of property that do not depend on registration of title to the property.
(Renumbered from the sole paragraph with redaction given by Law No. 14,382, of 2022)
§ 2º The following shall not be required for the validity or effectiveness of the legal transactions referred to in the caput or for the characterization of the good faith of the third-party acquirer of the property or beneficiary of a right in rem: (Included by Provisional Measure No. 1,085, of 2021)
I - the prior obtaining of any documents or certificates beyond those required under the terms of the provisions of § 2º of art. 1º of Law No. 7,433, of 18 December 1985; and (Included by Provisional Measure No. 1,085, of 2021)
II - the presentation of court or judicial distributor certificates. (Included by Provisional Measure No. 1,085, of 2021)
§ 2º For the validity or effectiveness of the legal transactions referred to in the caput of this article or for the characterization of the good faith of the third-party acquirer of the property or beneficiary of a right in rem, the following shall not be required:
(Included by Law No. 14,382, of 2022)
I - the prior obtaining of any documents or certificates beyond those required under the terms of § 2º of art. 1º of Law No. 7,433, of 18 December 1985; and
(Included by Law No. 14,382, of 2022)
II - the presentation of court or judicial distributor certificates.
(Included by Law No. 14,382, of 2022)
Art. 55. The alienation or encumbrance of autonomous units forming part of a real estate development, land subdivision or condominium, duly registered, may not be subject to eviction or declaration of ineffectiveness, but eventual creditors of the transferor are subrogated in the price or in the eventual real estate credit, without prejudice to the losses and damages attributable to the developer or entrepreneur, arising from their fraud or fault, as well as the application of the provisions contained in Law No. 8,078, of 11 September 1990. (Effectiveness)
Art. 56. The annotation in the property registration provided for in item IV of art. 54 shall be made by judicial determination and shall contain the identification of the parties, the value of the claim and the court to which the initial petition was distributed. (Effectiveness)
§ 1º
For purposes of registration, the annotation referred to in the
caput
is considered to have no declared value.
§ 2º
The annotation referred to in the
caput
shall be free of charge to those who declare themselves poor under penalty of law.
§ 3º
The Real Estate Registry Officer shall communicate to the court the annotation effected in the manner of the
caput, within a period of up to ten days counted from its completion.
§ 4º The annotation shall preferably fall on properties indicated by the owner and shall be restricted to as many as are sufficient to guarantee the satisfaction of the right that is the object of the action.
Art. 57. Upon receipt of the communication of the determination referred to in the
caput
of art. 56, the annotation shall be made or the pending issues to be satisfied for its effectuation shall be indicated within a period of 5 (five) days. (Effectiveness)
Art. 58. The provisions of this Law do not apply to properties that are part of the patrimony of the Union, the States, the Federal District, the Municipalities and their foundations and autarchies. (Effectiveness)
Art. 59.
Law No. 7,433, of 18 December 1985
, shall come into force with the following alterations: (Effectiveness)
"Art. 1º ..........................................................................................................................
....................................................................................................................................................
§ 2 The Notary shall record in the notarial act the presentation of the document proving payment of the Inter vivos Transfer Tax, the tax certificates and the property and real encumbrance certificates, and their transcription shall be waived.
......................................................................................................................................... ” (NR)
Art. 60. A
Law No.
11.977, of 7 July 2009
, shall come into force with the following amendments:
(Effective)
“Art. 41. As from the implementation of the electronic registration system referred to in Art. 37, the public registry services shall make available to the Judiciary and to the federal Executive Branch, by electronic means and free of charge, access to the information contained in their databases, in accordance with regulations.
Sole paragraph. Failure to comply with the provisions of the
caput
shall entail the application of the penalties provided for in items II to IV of the
caput
of Art. 32 of Law No. 8.935, of 18 November 1994 .” (NR)
Art. 61. The registrations and recordations relating to legal acts prior to this Law shall be adjusted to its terms within 2 (two) years, counted from the beginning of its effectiveness.
(Effective)
Art. 62. Art. 1 of Decree-Law No. 745, of 7 August 1969 , shall come into force with the following wording:
(Effective)
“Art. 1 In the contracts referred to in Art. 22 of Decree-Law No. 58, of 10 December 1937 , even if they have not been registered with the competent Real Estate Registry Office, the absolute default of the promissory purchaser shall only be characterized if, having been summoned by judicial means or through a Registry of Titles and Documents office, he fails to purge the default, within 15 (fifteen) days counted from receipt of the summons.
Sole paragraph. In contracts containing an express termination clause, termination due to default of the promissory purchaser shall occur by operation of law ( Art. 474 of the Civil Code ), provided that the period set forth in the summons referred to in the
caput
has elapsed, without purging the default.” (NR)
CHAPTER IV
ON THE GUARANTEED REAL ESTATE BILL AND THE ALLOCATION OF SAVINGS ACCOUNT FUNDS
Art. 63. The Guaranteed Real Estate Bill - LIG is a registered, transferable and freely negotiable credit instrument, guaranteed by an Asset Portfolio subject to the fiduciary regime governed in the form of this Law.
Sole paragraph. The issuing institution is liable for the performance of all obligations arising from the LIG, regardless of the sufficiency of the Asset Portfolio.
Art. 64. The LIG consists of a promise of payment in cash and shall be issued by financial institutions, exclusively in book-entry form, through registration with a central depository authorized by the Central Bank of Brazil, with the following characteristics:
I - the designation “Guaranteed Real Estate Bill”;
II - the name of the issuing financial institution;
III - the name of the holder;
IV - the serial number, place and date of issue;
V - the nominal value;
VI - the maturity date;
VII - the interest rate, fixed or floating, with capitalization permitted;
VIII - other forms of remuneration, when applicable, including those based on publicly known indices or rates;
IX - the clause for adjustment by exchange rate variation, when applicable;
X - the form, frequency and place of payment;
XI - the identification of the Asset Portfolio;
XII - the identification and value of the real estate credits and other assets that make up the Asset Portfolio;
XIII - the establishment of the fiduciary regime over the Asset Portfolio, under the terms of this Law;
XIV - the identification of the fiduciary agent, indicating his obligations, responsibilities and remuneration, as well as the hypotheses, conditions and form of his dismissal or replacement and the other conditions of his performance; and
XV - the description of the real or fidejussory guarantee, when applicable.
§ 1 The LIG is an extrajudicial enforcement instrument and may:
I - be enforced, regardless of protest, based on a full transcript certificate issued by the central depository;
II - generate a redemption value lower than its issuance value, due to its remuneration criteria; and
III - be updated monthly by a price index, provided it is issued with a minimum term of 36 (thirty-six) months.
§ 2 The payment of amounts relating to monetary adjustment accrued since issuance is prohibited, when early redemption occurs, in whole or in part, within a period shorter than that established in item III of § 1, of the LIG issued with provision for monthly adjustment by a price index.
Art. 65. The LIG and the assets that make up the Asset Portfolio must be deposited with an entity authorized to carry out the activity of central deposit by the Central Bank of Brazil, under the terms of Law No. 12.810, of 15 May 2013 .
Sole paragraph. In the case of assets that do not qualify for central deposit, their registration must be effected with an entity authorized, by the Central Bank of Brazil or by the Securities Commission, within the scope of their competences, to carry out the activity of registration of financial assets and securities, under the terms of Law No. 12.810, of 15 May 2013 .
Sole paragraph. Under the conditions established by the National Monetary Council, the assets that make up the Asset Portfolio may be exempted from deposit, provided they are registered with an entity authorized by the Central Bank of Brazil or by the Securities Commission, within the scope of their competences, to carry out the activity of registration of financial assets and securities, under the terms of Law No. 12.810, of 15 May 2013 .
(Wording given by Law No. 13.476, of 2017)
Art. 66. The Asset Portfolio may be composed of the following assets:
I - real estate credits;
II - securities issued by the National Treasury;
III - derivative instruments contracted through a guaranteeing central counterparty; and
III - derivative instruments; and
(Text as amended by Law No. 13,476 of 2017)
IV - other assets that may be authorized by the National Monetary Council.
§ 1 The assets that make up the Asset Portfolio may not be subject to any type of encumbrance, except those related to guaranteeing the rights of the holders of the LIG.
§ 2 The National Monetary Council shall be responsible for establishing the types of credit operations admitted as real estate credits for the purposes of this Law.
§ 3 Real estate credit may only form part of the Asset Portfolio if:
I - it is secured by mortgage or by fiduciary transfer of real property; or
II - the real estate development that is the object of the credit operation is subject to the segregation regime referred to in art. 31-A of Law No. 4,591 of 16 December 1964.
Art. 67. The Asset Portfolio must meet the eligibility, composition, sufficiency, term and liquidity requirements established by the National Monetary Council.
§ 1 The requirements referred to in the
caput
must include, at a minimum:
I - the characteristics of the assets in the Asset Portfolio as to guarantees and credit risk;
II - the share of the types of assets provided for in art. 66 in the total value of the Asset Portfolio;
III - the excess of the total value of the Asset Portfolio over the total value of the LIG guaranteed by it;
IV - the weighted average term of the Asset Portfolio in relation to the weighted average term of the LIG guaranteed by it;
V - the mitigation of exchange rate risk, in the case of LIG with a clause for adjustment by exchange rate variation.
§ 2 The excess referred to in item III of § 1 may not be less than 5% (five percent).
§ 3 For the purposes of the provisions of item II of § 1, real estate credits must represent at least 50% (fifty percent) of the total value of the Asset Portfolio.
Art. 68. The issuing institution must establish a fiduciary regime over the Asset Portfolio, with a financial institution or an entity authorized for that purpose by the Central Bank of Brazil acting as fiduciary agent and the holders of the LIG guaranteed by it as beneficiaries.
Art. 69. The fiduciary regime is established by registration with an entity qualified as a central depository of financial assets, which must contain:
I - the constitution of the fiduciary regime over the Asset Portfolio;
II - the constitution of segregated equity, comprised of all the assets of the Asset Portfolio subject to the fiduciary regime;
III - the segregation of the assets that make up the Asset Portfolio as collateral for the LIG; and
IV - the appointment of the fiduciary agent, with the definition of its duties, responsibilities and remuneration, as well as the hypotheses, conditions and form of its dismissal or replacement and the other conditions of its performance.
Art. 70. The assets that make up the Asset Portfolio subject to the fiduciary regime constitute segregated equity, which is not confused with that of the issuing institution, and:
I - they are not affected by the effects of the decree of intervention, extrajudicial liquidation or bankruptcy of the issuing institution, and do not form part of the bankruptcy estate;
II - they do not respond directly or indirectly for debts and obligations of the issuing institution, however privileged they may be, until full payment of the amounts owed to the holders of the LIG;
III - they may not be subject to arrest, sequestration, attachment, search and seizure or any other act of judicial constraint as a result of other obligations of the issuing institution; and
IV - they may not be used to perform or guarantee obligations assumed by the issuing institution, except those arising from the issuance of the LIG.
Art. 71. The financial resources arising from the assets comprising the Asset Portfolio are released from the fiduciary regime referred to in art. 68, provided that the requirements referred to in art. 67 are met and the matured obligations of the LIG guaranteed by it are fulfilled.
Art. 72. The fiduciary regime over the Asset Portfolio is extinguished by the full payment of the principal, interest and other charges relating to the LIG guaranteed by it.
Art. 73. The issuing institution shall be responsible for administering the Asset Portfolio, maintaining accounting controls that allow its identification, as well as disclosing, in its financial statements, information relating to it.
Art. 74. The issuing institution must promote the reinforcement or replacement of assets that make up the Asset Portfolio whenever it verifies insufficiency or inadequacy of the latter in relation to the requirements dealt with in arts. 66 and 67.
Art. 75. The issuing institution and the central depository must ensure the fiduciary agent access to all information and documents necessary for the performance of its functions.
Art. 75. The issuing institution, the central depository and the registering entity, in the hypothesis referred to in the sole paragraph of art. 65 of this Law, must ensure the fiduciary agent access to all information and documents necessary for the performance of its functions.
(Text as amended by Law No. 13,476 of 2017)
Art. 76. The issuing institution is responsible for the origin and authenticity of the assets that make up the Asset Portfolio.
Art. 77. The issuing institution shall be liable for the losses it causes to investors holding the LIG for non-compliance with a legal or regulatory provision, for negligence or reckless administration or, furthermore, for diversion of the purpose of the Asset Portfolio.
Art. 78. The issuing institution must designate the fiduciary agent, specifying, in the constitution of the fiduciary regime dealt with in art. 68, its obligations, responsibilities and remuneration, as well as the hypotheses, conditions and form of its dismissal or replacement and the other conditions of its performance.
Art. 79. The fiduciary agent must be a financial institution or another entity authorized for that purpose by the Central Bank of Brazil.
§ 1º The exercise of the activity of fiduciary agent by entities linked to the issuing institution is prohibited.
§ 2º The National Monetary Council is responsible for establishing the concept of an entity linked to the issuing institution for the purposes of this Law.
Art. 80. The fiduciary agent is granted general powers of representation of the community of investors holding LIG, and is additionally responsible, in addition to the duties defined by the National Monetary Council, for:
I - ensuring the protection of the rights and interests of investors holding LIG, monitoring the performance of the LIG issuing institution in the administration of the Asset Portfolio;
II - taking the judicial or extrajudicial measures necessary to defend the interests of the holding investors;
III - convening the general meeting of investors holding LIG; and
IV - exercising, in the cases referred to in Art. 84, the administration of the Asset Portfolio, observing the conditions established by the National Monetary Council.
Art. 81. Violations of this Law and of the rules established by the National Monetary Council and the Central Bank of Brazil subject the fiduciary agent, its administrators and the members of its statutory or contractual bodies to the penalties provided for in the legislation applicable to financial institutions.
Art. 82. In the exercise of its supervisory duties, the Central Bank of Brazil may require the fiduciary agent to exhibit documents and accounting books and to provide access, including in real time, to data stored in electronic systems.
Sole paragraph. The refusal to comply with the provisions of the
caput
shall be considered a violation, subject to the penalties referred to in Art. 81.
Art. 83. The general meeting of investors holding LIG must be convened with a minimum advance notice of twenty days, by means of a notice published in a newspaper of wide circulation in the place where the LIG was issued, and shall be installed, on first call, with the presence of holders representing at least 2/3 (two thirds) of the total value of the securities and, on second call, with any number.
§ 1º The general meeting that gathers all investors holding LIG may consider the failure to meet the requirements mentioned in the
caput
as cured.
§ 2º Resolutions taken by investors holding LIG representing more than half of the total value of the securities present at the general meeting are considered valid, provided that no other specific quorum has been formally established.
Art. 84. In the event of a decree of intervention, extrajudicial liquidation or bankruptcy of the issuing institution, the fiduciary agent is invested with a mandate to administer the Asset Portfolio, observing the conditions established by the National Monetary Council.
§ 1º The fiduciary agent invested with a mandate to administer the Asset Portfolio has the power to assign, dispose of, renegotiate, transfer or in any other way dispose of the assets comprising it, including the power to sue or defend the investors holding LIG in judicial, administrative or arbitral actions related to the Asset Portfolio.
§ 2º In the event of a decree of any of the regimes referred to in the
caput
:
I - the assets comprising the Asset Portfolio shall be destined exclusively for the payment of the principal, interest and other charges related to the LIG guaranteed by it, and for the payment of obligations arising from derivative contracts comprising the portfolio, its administration costs and tax obligations, and the provisions of Art. 71 shall not apply to the financial resources arising from these assets; and
II - the fiduciary agent must convene the general meeting of investors, observing the requirements of Art. 83.
Art. 85. The general meeting of investors holding LIG, convened on the basis of the hypotheses provided for in Art. 84, is entitled to adopt any measure pertinent to the administration of the Asset Portfolio, provided that the conditions established by the National Monetary Council are observed.
Art. 86. The recognition, by the Central Bank of Brazil, of the state of insolvency of an issuing institution that, under the terms of the legislation in force, is not subject to intervention, extrajudicial liquidation or bankruptcy, produces the same effects established in Arts. 84 and 85.
Art. 87. Once the rights of the investors holding LIG have been fully liquidated and the charges, costs and expenses related to the exercise of these rights have been satisfied, the surplus assets of the Asset Portfolio shall be integrated into the bankruptcy estate.
Art. 88. In the event of insufficiency of the Asset Portfolio for the full liquidation of the rights of the investors of the LIG guaranteed by it, they shall have the right to register the remaining credit in the bankruptcy estate on equal terms with unsecured creditors.
Art. 89. In the event of solvency of the Asset Portfolio, defined according to criteria established by the National Monetary Council, the early maturity of the LIG guaranteed by it is prohibited, even if the regimes referred to in Art. 84 are decreed or the insolvency of the issuing institution is recognized, under the terms of Art. 86.
Art. 90. Income and capital gains produced by LIG are exempt from income tax when the beneficiary is:
I - an individual resident in the country; or
(See Provisional Measure No. 1,303, of 2025)
Production of effects
Term ended
II - resident or domiciled abroad, except in a country with favored taxation referred to in Art. 24 of Law No. 9,430, of December 27, 1996, that carries out financial operations in the Country in accordance with the rules and conditions established by the National Monetary Council.
(See Provisional Measure No. 1,303, of 2025)
Production of effects
Term ended
Sole paragraph. In the case of a resident or domiciled in a country with favored taxation referred to in Art. 24 of Law No. 9,430, of December 27, 1996, the rate of 15% (fifteen percent) shall apply.
(See Provisional Measure No. 1,303, of 2025)
Production of effects
Term of validity ended
Art. 91. The National Monetary Council shall regulate the provisions of this Law regarding the LIG, in particular the following aspects:
I - conditions for issuance of the LIG;
II - types of financial institution authorized to issue LIG, including the possibility of establishing specific requirements for issuance;
III - limits on issuance of the LIG, including the issuance of LIG with a clause for adjustment by exchange rate variation, observing the provisions of the sole paragraph;
IV - use of indices, rates or remuneration methodologies for the LIG;
V - maturity term of the LIG;
VI - weighted average term of the LIG, which may not be less than twenty-four months;
VII - conditions for redemption and early maturity of the LIG;
VIII - form and conditions for the registration and deposit of the LIG and of the assets that make up the Asset Portfolio;
IX - eligibility, composition, sufficiency, term and liquidity requirements of the Asset Portfolio, including as to calculation methodologies;
X - conditions for substitution and reinforcement of the assets that make up the Asset Portfolio;
XI - requirements for acting as fiduciary agent and the hypotheses, conditions and form of its dismissal or replacement;
XII - attributions of the fiduciary agent;
XIII - conditions for administration of the Asset Portfolio; and
XIV - conditions for use of derivative instruments.
Sole paragraph. In the first year of application of this Law, the limit on issuance of LIG with a clause for adjustment by exchange rate variation, provided for in item III of the
caput
, may not be greater, for each issuer, than fifty percent of the respective total balance of LIG issued.
Art. 92. The exchange legislation applies to the LIG, to the extent it does not conflict with the provisions of this Law.
Art. 93. The distribution and public offering of the LIG shall observe the provisions of regulations of the Securities Commission.
Art. 94. The provisions of art. 76 of Provisional Measure No. 2,158-35, of 24 August 2001, do not apply to the LIG and to the assets that make up the Asset Portfolio.
Art. 95. The National Monetary Council is responsible for providing for the application of funds raised through savings deposits by entities that are part of the Brazilian Savings and Loan System.
§ 1º The rules issued by the National Monetary Council must prioritize real estate financing, in view of the provisions of Law No. 4,380, of 21 August 1964.
§ 2º The rules issued by the National Monetary Council may:
I - indicate the institutions authorized to raise savings deposits within the scope of the Brazilian Savings and Loan System;
II - establish other forms of allocation, including the application of the funds referred to in the
caput
in loan operations for natural persons, secured by fiduciary transfer of real property; and
III - set adjustment indices for operations with the funds referred to in the
caput
, differentiating, if necessary, the contractual conditions according to the index adopted.
(See Provisional Measure No. 668, of 2015)
(See Law No. 13,137, of 2015)
§ 3º The application in loan operations for natural persons, secured by fiduciary transfer of real property, provided for in item II of § 2º, may not exceed three percent of the calculation base for the allocation of savings deposits referred to in this article.
§ 3º-A The percentage referred to in § 3º may be up to ten percent for operations contracted up to 30 June 2021, under the conditions to be established by the National Monetary Council. (Included by Provisional Measure No. 922, of 2020)
Term of validity ended
§ 4º All acts of the National Monetary Council that provided for the application of the funds referred to in the
caput
are ratified.
Art. 96. Law No. 10,931, of 2 August 2004, shall come into force with the following amendments:
"Art. 17. The National Monetary Council may establish the minimum term and other conditions for issuance and redemption of LCI, observing the provisions of art. 13 of this Law, and may even differentiate such conditions according to the type of index contractually adopted." (NR)
Art. 97.
Law No.
11,076, of 30 December 2004
, shall come into force with the following amendments
"Art. 49. The National Monetary Council is responsible for regulating the provisions of this Law referring to the CDA, the WA, the CDCA, the LCA and the CRA, and may even establish minimum terms and other conditions for issuance and redemption and differentiate such conditions according to the type of index contractually adopted." (NR)
Art. 98.
Law No.
9,514, of 20 November 1997
, shall come into force with the following amendments:
"Art. 41. The National Monetary Council may regulate the provisions of this Law, including establishing minimum terms and other conditions for the issuance and redemption of CRI and differentiating such conditions according to the type of real estate credit linked to the issuance and the index adopted contractually.” (NR)
CHAPTER V
ON THE ACTIVITY OF SECURITIZATION OF CREDITS AND RECEIVABLES
Art. 99. (VETOED). (Effectiveness)
Art. 100. (VETOED). (Effectiveness)
Art. 101. (VETOED). (Effectiveness)
Art. 102. (VETOED). (Effectiveness)
Art. 103. (VETOED). (Effectiveness)
Art. 104. (VETOED). (Effectiveness)
Art. 105. (VETOED). (Effectiveness)
CHAPTER VI
ON THE ACCESS, COLLECTION AND REGISTRATION OF INFORMATION REFERRING TO THE FINANCIAL AND CAPITAL MARKETS BY THE CENTRAL BANK OF BRAZIL
Art. 106. The Central Bank of Brazil may request from the administrators of investment funds the information necessary for the performance of its duties.
§ 1 For the provision of the information referred to in the caput, the Central Bank of Brazil may provide regarding the form, term and other conditions.
§ 2 The Central Bank of Brazil and the Securities Commission may establish a standardized procedure for the provision of information to both Autarchies.
Art. 107. Financial institutions and other institutions authorized to operate by the Central Bank of Brazil must provide it with the data, information, documents and verifications relating to the companies in which they hold participation and that are necessary for the evaluation of the active and passive operations and the risks assumed by these institutions.
CHAPTER VII
ON THE LEGISLATION OF THE ELECTRIC SECTOR
Section I
On Small Hydroelectric Plants
Art. 108. Art. 26 of Law No. 9.427, of December 26, 1996, shall come into force with the following wording:
“Art. 26. ........................................................................................................................
I - the exploitation of hydraulic potential with power greater than 3,000 kW (three thousand kilowatts) and equal to or less than 30,000 kW (thirty thousand kilowatts), destined for independent production or self-production, maintaining the characteristics of a small hydroelectric plant;
....................................................................................................................................................
VI - the exploitation of hydraulic potential with power greater than 3,000 kW (three thousand kilowatts) and equal to or less than 50,000 kW (fifty thousand kilowatts), destined for independent production or self-production, regardless of whether or not it has the characteristic of a small hydroelectric plant.
§ 1 For the exploitation referred to in item I of the caput of this article, for hydroelectric projects with power equal to or less than 3,000 kW (three thousand kilowatts) and for those based on solar, wind, biomass and qualified cogeneration sources, as regulated by ANEEL, whose injected power into the transmission or distribution systems is less than or equal to 30,000 kW (thirty thousand kilowatts), Aneel shall stipulate a reduction percentage of not less than 50% (fifty percent) to be applied to the tariffs for the use of the electric transmission and distribution systems, affecting the production and consumption of the energy commercialized by the exploitations.
....................................................................................................................................................
§ 5 The exploitation referred to in items I and VI of the caput of this article, the projects with power equal to or less than 3,000 kW (three thousand kilowatts) and those based on solar, wind and biomass sources whose injected power into the transmission or distribution systems is less than or equal to 50,000 kW (fifty thousand kilowatts) may commercialize electric energy with a consumer or group of consumers gathered by communion of interests in fact or in law, whose load is greater than or equal to 500 kW (five hundred kilowatts), observing the grace periods contained in arts. 15 and 16 of Law No. 9.074, of July 7, 1995, as regulated by Aneel, and the supply may be complemented by generation projects associated with the sources referred to herein, aiming to guarantee their energy availability, but limited to 49% (forty-nine percent) of the average energy they produce, without prejudice to the provisions of §§ 1 and 2 of this article.
...................................................................................................................................................
§ 7 (VETOED).
......................................................................................................................................... ” (NR)
Art. 109. Law No. 9.074, of July 7, 1995, shall come into force with the following alterations:
“Art. 5 ..........................................................................................................................
I - the exploitation of hydraulic potentials with power greater than 3,000 kW (three thousand kilowatts) and the implementation of thermoelectric plants with power greater than 5,000 kW (five thousand kilowatts), destined for the execution of public service;
II - the exploitation of hydraulic potentials with power greater than 3,000 kW (three thousand kilowatts), destined for independent production of electric energy;
......................................................................................................................................... ” (NR)
“Art. 7 ..........................................................................................................................
...................................................................................................................................................
II - the exploitation of hydraulic potentials, with power greater than 3,000 kW (three thousand kilowatts) and equal to or less than 10,000 kW (ten thousand kilowatts), destined for exclusive use by the self-producer.
......................................................................................................................................... ” (NR)
“ Art. 8º The exploitation of hydraulic potentials equal to or less than 3,000 kW (three thousand kilowatts) and the implementation of thermoelectric plants with power equal to or less than 5,000 kW (five thousand kilowatts) are exempt from concession, permission or authorization, and must only be communicated to the granting authority.
§ 1º The hydraulic exploitations described in the caput that are located in stretches of rivers where another interested party holds an Active Registration for the development of a Basic Project or Feasibility Study within the scope of Aneel, or where there is already a granted exploitation, may not be implemented.
§ 2º In the case of a hydroelectric project equal to or less than 3,000 kW (three thousand kilowatts), built on a river without an inventory approved by Aneel, in the event that it is affected by the optimal exploitation of the watercourse, no burden shall fall on the granting authority or Aneel.” (NR)
Art. 110. Art. 1º of Law No. 12,783, of January 11, 2013, shall take effect with the following wording:
“Art. 1º ..........................................................................................................................
....................................................................................................................................................
§ 9º Upon expiration of the term of concessions or authorizations for hydroelectric generation with power equal to or less than 3 MW (three megawatts), the provisions of art. 8º of Law No. 9,074, of July 7, 1995, shall apply.
......................................................................................................................................... ” (NR)
Section II
On the Extension of Electric Power Supply Contracts between Generators and Final Consumers
Art. 111. (VETOED).
Art. 112. (VETOED).
Section III
On the Amendment of the Term of Contracts Resulting from Auctions for the Acquisition of Existing Generation
Art. 113. Law No. 10,848, of March 15, 2004, shall take effect with the following amendments:
“Art. 2º ..........................................................................................................................
....................................................................................................................................................
§ 2º ................................................................................................................................
....................................................................................................................................................
II - for electric power from existing generation projects, start of delivery in the same year or up to the second year subsequent to the auction and supply term of at least 1 (one) and at most 15 (fifteen) years;
......................................................................................................................................... ” (NR)
CHAPTER VIII
ON TRANSPORT LEGISLATION
Section I
On Air Transport Legislation
Art. 114. The Regional Aviation Development Program - PDAR is hereby created, as provided in this Law.
Art. 115. For the purposes of this Law, the following is considered:
I - regional airport: small or medium-sized airport, with annual movement (passengers boarded and disembarked) of less than 600,000 (six hundred thousand) passengers; and
II - regional routes: flights originating from or destined to a regional airport.
Sole paragraph. In the Legal Amazon region, the limit referred to in item I shall be expanded to 800,000 (eight hundred thousand) passengers per year.
Art. 116. The PDAR has the following objectives:
I - to increase the Brazilian population's access to the air transport system, with priority to residents in the less developed regions of the Country, considering both the increase in the number of Municipalities and routes served by regular air transport, and the number of frequencies of regularly operated regional routes;
II - to integrate isolated communities into the national civil aviation network, in order to facilitate the mobility of their citizens; and
III - to facilitate access to regions with tourism potential, observing the provisions of item I.
Art. 117. The Union is authorized to grant economic subsidy, limited to the use of up to 30% (thirty percent) of the resources of the National Civil Aviation Fund, to be destined directly to airline companies regularly registered in the PDAR, for:
Art. 117. The Union is authorized to grant economic subsidy, limited to the use of up to 30% (thirty percent) of the resources of the National Civil Aviation Fund (FNAC), managed and administered by the Ministry of Ports and Airports, to be destined directly to airline companies regularly registered in the PDAR, for:
(Wording given by Law No. 14,978, of 2024)
I - payment of costs related to airport and air navigation fees provided for in arts. 3º and 8º of Law No. 6,009, of December 26, 1973, for the regional airports referred to in item I of the caput of art. 115;
II - payment of costs corresponding to the Airport Tariff Additional of which Law No. 7,920, of December 7, 1989, treats; and
III - payment of part of the costs of up to 60 (sixty) passengers transported on direct flights on the regional routes referred to in item II of the caput of art. 115, based on, among other criteria, the airport served, the kilometers flown and fuel consumption, and up to 50% (fifty percent) of the available seats per aircraft may be subsidized, except within the Legal Amazon, where the 50% (fifty percent) limit does not apply.
§ 1 The subsidies referred to in items I and II of the caput shall be granted only for the payment of costs related to the tariffs due as a result of the operation of regular domestic flights and systematic air links at regional airports defined in accordance with the terms of item I of the caput of art. 115.
§ 2 The economic subsidy referred to in items I and II of the caput shall not include the Storage Tariff and the Wharfage Tariff, provided for in art. 3 of Law No. 6,009 of 26 December 1973.
§ 3 For the purposes of applying the provisions of item II of the caput, the system for collecting the surcharge on airport tariffs dealt with in art. 1 of Law No. 7,920 of 7 December 1989 remains unchanged, observing the provisions of art. 2 of that Law.
§ 4 The subsidies referred to in item III of the caput shall be granted only to companies holding concessions for regular air services for passenger transport and to companies that operate systematic air links.
§ 5 Companies interested in joining the PDAR must sign a contract with the Union, which shall contain the minimum clauses provided for in the regulation.
§ 6 For qualification for the PDAR, interested parties shall be required to provide documentation relating to legal and tax regularity, as well as proof of regularity in the payment of airport and air navigation tariffs provided for in arts. 3 and 8 of Law No. 6,009 of 26 December 1973, and of the Airport Tariff Surcharge dealt with in Law No. 7,920 of 7 December 1989.
§ 7 All companies interested in operating a given regional route that meet the legal and regulatory requirements for the granting of an economic subsidy shall be included.
§ 8 The subsidy for routes originating in or destined for the Legal Amazon region shall have priority over those of the other regions.
Art. 118. The Executive Branch shall be responsible for regulating the PDAR, especially in relation to:
I - the general conditions for granting the subsidy;
II - the criteria for allocating the available resources;
III - the operational conditions for payment and control of the economic subsidy dealt with in this Law;
IV - additional criteria for prioritizing the granting of the economic subsidy; and
V - the frequency of payment to the airlines.
Sole paragraph. In regulating the PDAR, the Union shall observe the guideline of preserving and stimulating free competition among airlines, aircraft manufacturers and suppliers of civil aviation equipment.
Art. 119. The operational management of the resources destined for the granting of the PDAR subsidy dealt with in this Law shall be carried out by the Secretariat of Civil Aviation of the Presidency of the Republic.
§ 1 The Secretariat of Civil Aviation of the Presidency of the Republic may delegate to the National Civil Aviation Agency the activities of inspection and verification of the amounts relating to the granting of the PDAR subsidy.
§ 2 Companies that refuse to provide information or hinder inspection by public authorities may have the subsidies dealt with in this Law suspended for an indefinite period, without prejudice to other sanctions provided for in legislation.
Art. 120. The Secretariat of Civil Aviation of the Presidency of the Republic shall publish an annual report on the execution of the PDAR, which shall contain, among other information:
I - the monthly movement of passengers at each regional airport;
II - the monthly movement of passengers transported on each regional route;
III - the summary of the frequency of regional flights;
IV - the amounts of economic subsidy, on an individualized basis, paid to each of the companies participating in the PDAR;
V - the monthly amount by line items of the revenues and expenses of the National Civil Aviation Fund.
§ 1 The determination expressed in the caput may be fulfilled directly by the Secretariat of Civil Aviation of the Presidency of the Republic or by delegation to the National Civil Aviation Agency.
§ 2 The report dealt with in this article shall be made available in a medium that is easily accessible to society.
Art. 121. The PDAR shall last for 5 (five) years, renewable, only once, for an equal period.
Sole paragraph. The renewal dealt with in the caput shall be based on a technical report that justifies it.
Art. 122. Law No. 7,565 of 19 December 1986 shall come into force with the following amendments:
“Art. 36. ........................................................................................................................
§ 1 In order to ensure uniformity of treatment throughout the national territory, construction, administration and operation are subject to the norms, instructions, coordination and control of the aeronautical authority, except as provided in art. 36-A.
......................................................................................................................................... ” (NR)
“ Art. 36-A. The civil aviation authority may issue specific regulations for public aerodromes located in the Legal Amazon area, adapting their operations to local conditions, with a view to promoting regional development, social integration, service to isolated communities, access to health and support for security operations.”
(Repealed by Provisional Measure No. 1,089 of 2021)
Art. 123.
(VETOED).
Art. 124.
(VETOED).
Section II
On the Registration and Licensing of Harvesters, Tractors and Other Automotive Machines Intended to Perform Agricultural Work
Art. 125. Arts. 115, 130 and 144 of Law No. 9,503 of 23 September 1997 shall come into force with the following amendments:
"Art. 115. ......................................................................................................................
....................................................................................................................................................
§ 4 (VETOED).
....................................................................................................................................................
§ 8 (VETOED).” (NR)
“Art. 130. ......................................................................................................................
§ 1 (VETOED).
......................................................................................................................................... ” (NR)
“Art. 144. ......................................................................................................................
Sole paragraph. The wheeled tractor and self-propelled equipment intended to perform agricultural work may also be driven on public roads by a driver licensed in category B.” (NR)
Section III
On Cargo Transport Cooperatives
Art. 126. (VETOED).
CHAPTER IX
ON THE MARGIN OF PREFERENCE FOR DOMESTIC PRODUCTS IN PUBLIC PROCUREMENT
Art. 127. (VETOED).
CHAPTER X
ON HEALTH SURVEILLANCE
Art. 128. Law No. 9.782 of 26 January 1999 shall come into force with the following amendments:
“Art. 7 ..........................................................................................................................
....................................................................................................................................................
§ 7 For the purpose of complying with the provisions of item X of this article, the Agency may use confidential information on inspections received under agreements or covenants with health authorities of other countries, as well as authorize inspections and audits at manufacturing plants by national or international institutions accredited by the Agency for such activities.” (NR)
“Art. 15. ........................................................................................................................
....................................................................................................................................................
VIII - prepare, approve and promulgate the internal rules, define the area of operation of the organizational units and the executive structure of the Agency.
......................................................................................................................................... ” (NR)
“Art. 23. ........................................................................................................................
....................................................................................................................................................
§ 10. The operating authorizations of companies provided for in the subitems of items 3.1, 3.2, 5.1 and 7.1 of Annex II shall be exempt from renewal.” (NR)
Art. 129. The National Health Surveillance Agency shall have a period of 180 (one hundred and eighty) days, counted from the publication of this Law, to publish the new internal rules, under the terms set forth in item VIII of art. 15 of Law No. 9.782 of 26 January 1999, as amended by this Law.
Art. 130. Law No. 6.360 of 23 September 1976 shall come into force with the following amendments:
“Art. 12. ........................................................................................................................
§ 1 The National Health Surveillance Agency - ANVISA - shall define by its own act the period for renewal of the registration of the products covered by this Law, not exceeding 10 (ten) years, considering the nature of the product and the health risk involved in its use.
......................................................................................................................................... ” (NR)
“Art. 24-A. Simplified Renewal of Medicine Registration is hereby established for medicines that have been registered with the Brazilian health authority for a period equal to or greater than 10 (ten) years, that have had no reports of ineffectiveness and/or significant adverse events and that comply with the health requirements in force, regardless of their sales classification.
Sole paragraph. The definition of the period referred to in the caput shall be made by Anvisa based on criteria involving the therapeutic class of the product, modifications made to its formulation, indications and dosage, and production process, as well as the route of administration, pharmaceutical form and effective exposure of the product to use.”
“Art. 24-B. For the purposes of renewal of registration of the medicines referred to in art. 24-A, the requirements to be observed by interested parties in the act shall be defined by Anvisa in regulations.”
“Art. 50. The operation of the companies covered by this Law shall depend on authorization from Anvisa, granted upon request for registration of their activities, payment of the respective Health Surveillance Inspection Fee and other requirements defined in specific Anvisa regulations.
Sole paragraph. The authorization referred to in this article shall be valid throughout the national territory and shall be updated in accordance with specific Anvisa regulations.” (NR)
“Art. 73. Fiscal and control analyses, for the purposes of inspection and monitoring of products subject to the health surveillance regime, shall be performed by an official laboratory, established within the scope of the Union, the States, the Federal District or the Municipalities, or by public or private laboratories accredited for such purpose.
Sole paragraph. The accreditation referred to in the caput
shall be carried out by Anvisa or by the official laboratories themselves, under the terms of specific regulations issued by Anvisa.” (NR)
Art. 131. Law No. 5.991 of 17 December 1973 shall come into force with the following amendments:
“Art. 25. The license shall have its validity established in specific regulations by the local health authority, in accordance with the health risk of the activities carried out by the establishments, and may be revalidated for equal and successive periods.
......................................................................................................................................... ” (NR)
“Art. 25-A. The requirements and procedures for registration, or notification, and commercialization of products subject to health surveillance considered to be of traditional use shall be regulated by a specific act of the National Health Surveillance Agency.”
“Art. 25-B. The transfer of ownership of the registration of products subject to health surveillance is conditioned upon the payment of the difference, if greater, of the amount of the health surveillance fee.”
CHAPTER XI
ON COMMUNICATION SERVICES
Section I
On the Debts of Concessionaires and Permissionaires of Broadcasting Services
Art. 132. The debts of concessionaires and permissionaires of broadcasting services, as well as of companies participating in a bidding procedure for broadcasting grants, arising from the non-payment of the public price due as a result of the grant of the service may be paid within the terms and conditions established in this Law.
§ 1 The provisions of the caput apply only to installments due up to the date of publication of this Law.
§ 2 The entities referred to in the caput shall have 90 (ninety) days, counted from the publication of this Law, to submit to the Union a request for payment of the overdue installments, under the following conditions:
I - (VETOED); or
II - (VETOED).
§ 3 The amount calculated for settlement or installment payment of the debts owed shall be adjusted by the General Market Price Index - IGP-M.
§ 4 The amount of the overdue installments shall be increased by a late payment penalty of 1% (one percent) per month of delay, up to the limit of 20% (twenty percent) of the value of the grant, calculated from the first day following the expiration of the established term, until the day on which payment occurs.
§ 5 Non-payment of the installment within the term established in § 2 shall imply the cancellation of the grant, and the broadcaster shall be subject to the other sanctions provided for in the notice and in the legislation in force.
§ 6 No penalty arising from non-compliance with the bidding notice for concession and permission of broadcasting services may exceed the value of the grant.
Art. 133. (VETOED).
Section II
On the Inspection and Operation Fees Referring to FISTEL
Art. 134. Art. 6 of Law No. 5.070, of July 7, 1966, shall come into force with the addition of the following §§ 4 to 6:
“Art. 6 ..........................................................................................................................
....................................................................................................................................................
§ 4 The fees dealt with in this article do not apply to low-power base stations, and repeaters, of telecommunications services of collective interest whose maximum peak power, measured at the transmitter output, is not greater than 5 W (five watts).
§ 5 Installation inspection fee amounts equivalent to 10% (ten percent) of the amounts applicable to the other base stations, and repeaters of the service, apply to base stations, and repeaters of telecommunications services of collective interest, with power between 5 W (five watts) and 10 W (ten watts).
§ 6 Equipment defined in the form of art. 156-A of Law No. 9.472, of July 16, 1997, is considered a low-power base station, or repeater. ” (NR)
Art. 135. The Table of Values of the Installation Inspection Fee per Station (in R$) contained in Annex I of Law No. 5.070, of July 7, 1966, shall come into force with the addition of the rows and columns below:
a) base station with transmitter output power less than 5 W
Exempt
b) base station with transmitter output power between 5 W and 10 W
134,00
c) base station with transmitter output power greater than 10 W
1.340,80
48. Personal Mobile Service
d) repeater station with transmitter output power less than 5 W
Exempt
e) repeater station with transmitter output power between 5 W and 10 W
134,00
f) repeater station with transmitter output power greater than 10 W
1.340,80
g) mobile
26,83
Art. 136. (VETOED).
CHAPTER XII
ON THE EXTENSION OF THE OFFICE REPRESENTATION BONUS OR TEMPORARY BONUS TO SERVANTS OR EMPLOYEES REQUISITIONED BY THE FEDERAL ATTORNEY GENERAL'S OFFICE
Art. 137. Art. 7 of
Law No. 10.480, of July 2, 2002
, shall come into force with the following wording:
“Art. 7 Servants or employees requisitioned by the Federal Attorney General's Office may receive the Office Representation Bonus or the Temporary Bonus until February 1, 2017.
......................................................................................................................................... ” (NR)
CHAPTER XIII
ON THE ASSIGNMENT OF FEDERAL PUBLIC SERVANTS TO AUTONOMOUS SOCIAL SERVICE
Art. 138. (VETOED).
CHAPTER XIV
ON THE REAL ESTATE BROKER PROFESSION
Art. 139. Art. 6 of Law No. 6.530, of May 12, 1978, shall come into force with the addition of the following §§ 2 to 4, renumbering the current sole paragraph to § 1:
“Art. 6 ..........................................................................................................................
§ 1 ................................................................................................................................
§ 2 The real estate broker may associate with one or more real estate agencies, maintaining their professional autonomy, without any other bond, including employment and social security, through a specific association contract, registered with the Real Estate Brokers Union or, where there is no union installed, registered with the delegations of the National Federation of Real Estate Brokers.
§ 3 Through the contract referred to in § 2 of this article, the associated real estate broker and the real estate agency coordinate, among themselves, the performance of functions related to real estate intermediation and adjust criteria for the sharing of the results of the brokerage activity, with mandatory assistance from the union entity.
§ 4 The association contract does not imply exchange of services, payments or remunerations between the real estate agency and the associated real estate broker, provided that the elements characterizing the employment relationship provided for in art. 3 of the Consolidation of Labor Laws - CLT, approved by Decree-Law No. 5.452, of May 1, 1943, are not configured.” (NR)
CHAPTER XV
ON THE SOCIAL CAPITAL OF COOPERATIVES
Art. 140. Art. 24 of Law No. 5.764, of December 16, 1971, shall come into force with the addition of the following § 4:
“Art. 24. ........................................................................................................................
....................................................................................................................................................
§ 4 The quotas referred to in the caput cease to integrate the cooperative's net equity when the restitution of the capital contributed by the member becomes due, in the form provided for in the social statute and current legislation, due to their disassociation, by dismissal, exclusion or elimination.” (NR)
CHAPTER XVI
ON THE INSTALLMENT PAYMENT OF FEDERAL DEBTS OF SPORTS ENTITIES
Art. 141. (VETOED).
CHAPTER XVII
ON THE OPENING TO FOREIGN CAPITAL IN THE PROVISION OF HEALTH SERVICES
Art. 142. Law No. 8.080, of September 19, 1990, shall come into force with the following alterations:
“Art. 23. Direct or indirect participation, including control, of companies or foreign capital in health assistance is permitted in the following cases:
I - donations from international organizations linked to the United Nations, from technical cooperation and financing and loan entities;
II - legal entities destined to install, operationalize or explore:
a) general hospital, including philanthropic, specialized hospital, polyclinic, general clinic and specialized clinic; and
b) family planning actions and research;
III - health services maintained, without lucrative purpose, by companies, for the care of their employees and dependents, without any burden for social security; and
IV - other cases provided for in specific legislation.” (NR)
“Art. 53-A. As health actions and services, the activities of support to health assistance are those developed by human genetics laboratories, production and supply of medicines and health products, clinical analysis laboratories, pathological anatomy and diagnostic imaging and are free for direct or indirect participation of companies or foreign capital.”
CHAPTER XVIII
ON THE POSSIBILITY OF CONTRACTING PUBLIC-PRIVATE PARTNERSHIPS - PPP BY THE LEGISLATIVE AND JUDICIARY POWERS
Art. 143. (VETOED).
Art. 144. (VETOED).
CHAPTER XIX
ON THE CORPORATE INCOME TAX AND SOCIAL CONTRIBUTION ON NET PROFIT - CSLL RELATING TO CAPITAL GAIN EARNED IN SHARE EXCHANGE OPERATIONS AT THE TIME OF CAPITAL SUBSCRIPTION IN SOCIEDADE NOVA BOLSA S/A
Art. 145. Art. 42 of Law No. 13.043, of November 13, 2014, shall come into force with the following wording:
“Art. 42. Debts to the National Treasury related to Corporate Income Tax - IRPJ and Social Contribution on Net Profit - CSLL arising from capital gain occurred until December 31, 2008, from the alienation of shares that originated from the conversion of equity securities of non-profit civil associations, may be:
I - paid in full with a 100% (one hundred percent) reduction of late payment and ex officio fines and 100% (one hundred percent) of late payment interest;
II - paid in up to 60 (sixty) installments, with 20% (twenty percent) down payment and the remainder in monthly installments, with a reduction of 80% (eighty percent) of the isolated fine and late payment and ex officio fines, and 40% (forty percent) of late payment interest.
§ 1 In the case of the caput, the amount of IRPJ and CSLL incident on the portion of the capital gain related to the difference between the value attributed to the share in the capital subscription and considered in the calculation of said gain, even if in a possible ex officio assessment, and the value verified on the date of the start of negotiations of the share in regular operation on the stock exchange, regardless of the existence of a clause restricting commercialization or transfer, is remitted, under a resolutory condition until the payment referred to in item I is made effective or the installment plan referred to in item II is settled.
§ 2 The provisions of this article apply to all debts, constituted or not, with suspended or not suspended enforceability, registered or not in the Active Debt of the Union, even if in the phase of a filed tax execution, or that have been subject to a previous installment plan not fully settled, even if excluded for lack of payment.
§ 3 For the purpose of consolidating the debts referred to in the caput, after the adjustment referred to in § 1, the amounts of IRPJ and CSLL that have been collected, until December 31, 2013, due to the subsequent alienation of shares arising from the conversion of equity securities of non-profit civil associations by the taxpayer themselves, by a controlling company or by a directly controlled company, may be deducted, provided that:
I - the original cost of the respective equity securities has been used in the calculation of the gain;
II - be limited to the amount of IRPJ and CSLL incident on the capital gain determined considering as the sale value the verified value of the shares on the date of the beginning of trading in regular operation on a stock exchange.
§ 4º The existing deposits linked to the debts to be paid or installment-paid under the terms of this article shall be automatically converted into definitive payment, applying the reductions provided in the caput to the remaining balance to be paid or installment-paid.
§ 5º The taxpayer may, upon request, use credits from tax losses and negative base of the Social Contribution on Net Profit - CSLL of its own, determined up to 31 December 2013 and declared up to 30 June 2014, for the settlement of the remaining balance of the debts after the reductions provided in the caput.
§ 6º To enjoy the benefits provided in this article, the legal entity must prove the express and irrevocable withdrawal of all judicial actions that have as their object the debts that will be paid or installment-paid in the form of this article and waive any claim of right on which the said actions are based.
§ 7º The reductions provided in the caput shall not be cumulative with any other reductions allowed by law.
§ 8º In the event of prior granting of reduction of fines or interest at percentages different from those established in the caput, the percentages referred to therein shall prevail, applied to the original balance of the fines or interest.
§ 9º While the debt is not consolidated, in relation to the monthly installments referred to in item II of the caput, the taxpayer must calculate and collect monthly the amount equivalent to the sum of the debts subject to the installment plan divided by the number of installments desired.
I - (revoked);
II - (revoked).
§ 10. The payment or the request for installment payment must be made by the 15th (fifteenth) day after the publication of this Law and shall not depend on the presentation of guarantee, maintaining those arising from debts transferred from other modalities of installment payment or tax execution.
§ 11. The lack of payment shall imply immediate termination of the installment plan, with cancellation of the benefits granted:
I - of 3 (three) installments, consecutive or not; or
II - of up to 2 (two) installments, with all the others paid or with the last installment of the installment plan due.
§ 12. An installment partially paid is considered unpaid.
§ 13. If the installment plan is terminated:
I - the determination of the original value of the debt shall be made, restoring the legal additions in the form of the legislation applicable at the time of the occurrence of the respective triggering events;
II - the installments paid shall be deducted from the value referred to in item I.
§ 14. The provisions of the caput and of §§ 2º and 3º of art. 11, in art. 12, in the caput of art. 13 and in item IX of art. 14 of Law No. 10.522, of 19 July 2002, apply to the installment plan dealt with in this article.
§ 15. To the installment plan dealt with in this article, the following do not apply:
I - § 1º of art. 3º of Law No. 9.964, of 10 April 2000; and
II - § 10 of art. 1º of Law No. 10.684, of 30 May 2003.
§ 16. The portion equivalent to the reduction of the value of the principal amount of taxes, fines, interest and legal charges as a result of the provisions of this article shall not be computed in the calculation basis of IRPJ, CSLL, PIS and Cofins.
§ 17. The Secretariat of the Federal Revenue of Brazil and the Attorney General's Office of the National Treasury, within the scope of their competences, shall issue the acts necessary for the execution of the installment plan dealt with in this article.” (NR)
CHAPTER XX
ON THE DEDUCTIBILITY OF EXPENSES, LOSSES OR DAMAGES OF FINANCIAL INSTITUTIONS ARISING FROM ACCOUNTING INCONSISTENCIES IDENTIFIED BY THE REGULATORY OR SUPERVISORY BODY IN THE DETERMINATION OF TAXABLE INCOME AND THE CALCULATION BASIS OF THE SOCIAL CONTRIBUTION ON NET PROFIT
Art. 146. The amounts recorded as expenses or losses by financial institutions by determination or in observance of the rules issued by the Central Bank of Brazil, during the period in which they are under intervention or extrajudicial liquidation, in the form of Law No. 6.024, of 13 March 1974, or under a regime of temporary special administration, in the form of Decree-Law No. 2.321, of 25 February 1987, or, still, in a reorganization process as provided in art. 5º of Law 9.447, of 14 March 1997, may be deducted from the calculation basis of income tax and social contribution on net profit, observing the accrual regime, provided that their deductibility is authorized by the income tax and social contribution on net profit legislation.
CHAPTER XXI
ON THE REDUCTION TO ZERO OF THE RATES OF PIS/PASEP AND COFINS FOR TIRES AND RUBBER INNER TUBES FOR BICYCLES
Art. 147. The rates of the contributions for PIS/Pasep and Cofins incident on the revenues from the sale of products classified under codes 4011.50.00 and 4013.20.00 of Tipi are reduced to zero.
(See Complementary Law No. 214, of 2025)
Production of effects
Sole paragraph. The reduction referred to in the caput applies to sales revenues made by manufacturing legal entities that use in the industrialization process, in establishments located in the Manaus Free Trade Zone, in accordance with the basic production process established in specific legislation, natural rubber produced by non-timber extraction in the North Region.
CHAPTER XXII
ON THE REDUCTION TO ZERO OF THE RATES OF PIS/PASEP AND COFINS INCIDENT ON THE SALE OF BIOMASS AND STEAM GENERATED FROM THE BURNING OF BIOMASS, DESTINED TO AN ELECTRIC POWER GENERATION COMPANY
Art. 148. (VETOED).
CHAPTER XXIII
ON THE TRANSFER OF CONCESSION OR CORPORATE CONTROL OF THE CONCESSIONAIRE
Art. 149. Art. 27 of Law No. 8.987, of 13 February 1995, shall come into force with the following wording:
“Art. 27. ........................................................................................................................
....................................................................................................................................................
§ 2 (Repealed).
§ 3 (Repealed).
§ 4 (Repealed).” (NR)
Art. 150. Law No. 8,987 of 13 February 1995 shall be amended to include the following Art. 27-A:
“Art. 27-A. Under the conditions established in the concession contract, the granting authority shall authorize the assumption of control or temporary administration of the concessionaire by its financiers and guarantors with whom it does not maintain a direct corporate relationship, in order to promote its financial restructuring and ensure the continuity of the provision of services.
§ 1 In the case provided for in the caput, the granting authority shall require the financiers and guarantors to meet the requirements of legal and tax regularity, and may alter or waive the other requirements set forth in item I of the sole paragraph of Art. 27.
§ 2 The assumption of control or temporary administration authorized as provided in the caput of this article shall not alter the obligations of the concessionaire and its controlling shareholders towards third parties, the granting authority and users of public services.
§ 3 For the purposes of the caput of this article, control of the concessionaire is characterized by the resolvable ownership of shares or quotas by its financiers and guarantors that meet the requirements of Art. 116 of Law No. 6,404 of 15 December 1976.
§ 4 Temporary administration of the concessionaire by its financiers and guarantors is characterized when, without the transfer of ownership of shares or quotas, the following powers are granted:
I - to appoint the members of the Board of Directors, to be elected at the General Meeting by the shareholders, in companies governed by Law 6,404 of 15 December 1976; or directors, to be elected by the quotaholders, in other companies;
II - to appoint the members of the Fiscal Council, to be elected by the controlling shareholders or quotaholders at the General Meeting;
III - to exercise veto power over any proposal submitted to the vote of the shareholders or quotaholders of the concessionaire, which represents, or may represent, harm to the purposes set forth in the caput of this article;
IV - other powers necessary to achieve the purposes set forth in the caput of this article.
§ 5 The temporary administration authorized as provided in this article shall not entail liability for the financiers and guarantors in relation to taxation, charges, encumbrances, sanctions, obligations or commitments with third parties, including with the granting authority or employees.
§ 6 The Granting Authority shall regulate the term of the temporary administration.”
Art. 151. Art. 5 of Law No. 11,079 of 30 December 2004 shall take effect with the following wording:
“Art. 5 ..........................................................................................................................
................................................ ....................................................................................................
§ 2 ................................................................................................................................
I - the requirements and conditions under which the public partner shall authorize the transfer of control or temporary administration of the special purpose entity to its financiers and guarantors with whom it does not maintain a direct corporate relationship, with the objective of promoting its financial restructuring and ensuring the continuity of the provision of services, and for this purpose the provisions of item I of the sole paragraph of Art. 27 of Law No. 8,987 of 13 February 1995 shall not apply;
......................................................................................................................................... ” (NR)
Art. 152. Law No. 11,079 of 30 December 2004 shall be amended to include the following Art. 5-A:
“Art. 5-A. For the purposes of item I of § 2 of Art. 5, the following is considered:
I - the control of the special purpose entity as the resolvable ownership of shares or quotas by its financiers and guarantors that meet the requirements of Art. 116 of Law No. 6,404 of 15 December 1976;
II - The temporary administration of the special purpose entity, by the financiers and guarantors when, without the transfer of ownership of shares or quotas, the following powers are granted:
a) to appoint the members of the Board of Directors, to be elected at the General Meeting by the shareholders, in companies governed by Law 6,404 of 15 December 1976; or directors, to be elected by the quotaholders, in other companies;
b) to appoint the members of the Fiscal Council, to be elected by the controlling shareholders or quotaholders at the General Meeting;
c) to exercise veto power over any proposal submitted to the vote of the shareholders or quotaholders of the concessionaire, which represents, or may represent, harm to the purposes set forth in the caput of this article;
d) other powers necessary to achieve the purposes set forth in the caput of this article;
§ 1 The temporary administration authorized by the granting authority shall not entail liability for the financiers and guarantors in relation to taxation, charges, encumbrances, sanctions, obligations or commitments with third parties, including with the granting authority or employees.
§ 2 The Granting Authority shall regulate the term of the temporary administration.”
CHAPTER XXIV
ON THE ASSIGNMENT OF TAX LOSS CREDITS AND NEGATIVE CALCULATION BASIS OF THE SOCIAL CONTRIBUTION ON NET PROFIT FOR CONTROLLED, CONTROLLING OR AFFILIATED LEGAL ENTITIES
Art. 153. For the purposes of the provisions of § 1 of Art. 33 of Law No. 13,043 of 13 November 2014, the rates of the PIS/Pasep Contribution and Cofins levied on the revenue earned by the assignor from the assignment of tax loss credits and negative calculation basis of the Social Contribution on Net Profit - CSLL to controlled, controlling or affiliated legal entities are reduced to 0 (zero).
(See Complementary Law No. 214, of 2025)
Production of effects
Sole paragraph. Under the terms of the caput, the rates of the PIS/Pasep Contribution and Cofins levied on the revenue earned by the assignee in the case of credits assigned at a discount are also reduced to 0 (zero).
CHAPTER XXV
ON THE USE OF PRESUMED PIS/COFINS CREDITS BY THE DAIRY INDUSTRY
Art. 154. (VETOED).
Art. 155. (VETOED).
CHAPTER XXVI
ON INCENTIVES FOR THE REGIONAL DEVELOPMENT OF THE AUTOMOTIVE SEGMENT
Art. 156. (VETOED) .
CHAPTER XXVII
ON THE EXTENSION OF THE ECONOMIC SUBSIDY TO BNDES
Art. 157. (VETOED).
CHAPTER XXVIII
ON THE WAIVER OF BIDDING IN THE ACQUISITION OF SENSITIVE EQUIPMENT NECESSARY FOR POLICE INVESTIGATION
Art. 158. Art. 3 of Law No. 12.850, of 2 August 2013, shall come into force with the addition of the following §§ 1 and 2:
“Art. 3 ..........................................................................................................................
§ 1 If there is a justified need to maintain secrecy regarding the investigative capacity, bidding may be waived for the contracting of specialized technical services, acquisition or leasing of equipment intended for the judicial police for tracking and obtaining evidence provided for in items II and V.
§ 2 In the case of § 1, the publication provided for in the sole paragraph of art. 61 of Law No. 8.666, of 21 June 1993, is waived, and the internal control body must be notified of the contracting.” (NR)
CHAPTER XXIX
ON THE INCLUSION OF COMMERCIAL REPRESENTATIVES IN SIMPLES NACIONAL
Art. 159. (VETOED).
CHAPTER XXX
ON THE EQUATING OF THE EXPORTING COOPERATIVE TO THE EXPORTING COMPANY FOR THE PURPOSES OF ENJOYING REINTEGRA
Art. 160. (VETOED).
Art. 161. (VETOED).
Art. 162. (VETOED).
Art. 163. (VETOED).
Art. 164. (VETOED).
Art. 165. (VETOED).
Art. 166. (VETOED).
Art. 167. (VETOED).
CHAPTER XXXII
ON FINAL PROVISIONS
Art. 168. This Law enters into force:
I - from 1 January 2015, with regard to art. 1;
II - 30 (thirty) days after its publication, with regard to arts. 54 to 62;
III - on the 1st (first) day of the 4th (fourth) month following that of its publication, with regard to arts. 14 to 39;
IV - 180 (one hundred and eighty) days after its publication, with regard to arts. 99 to 105; and
V - from the date of its publication, with regard to the other articles.
Art. 169. The following are revoked:
I - (VETOED);
II - from the date of entry into force of the regulation referred to in item III of § 2 of art. 97 of this Law, § 2 of art. 18 and art. 18-A of Law No. 8.177, of 1 March 1991; and
(Revoked by Provisional Measure No. 668, of 2015)
(Revoked by Law No. 13.137, of 2015)
(Effectiveness)
III - from the 1st (first) day of the 4th (fourth) month following that of the publication of this Law:
a) items VII to IX of § 1 of art. 2 of Law No. 10.637, of 30 December 2002;
b) items VII to IX of § 1 of art. 2, and arts. 51, 53, 54 and 58-A to 58-V of Law No. 10.833, of 29 December 2003;
c) §§ 6 and 6-A of art. 8, item VI of § 8 of art. 15, §§ 11 and 12 of art. 15, item VI of art. 17, and § 3 of art. 17 of Law No. 10.865, of 30 April 2004; and
d) item VI of the
caput of art. 10 of Law No. 11.051, of 29 December 2004;
IV - after the lapse of 180 (one hundred and eighty) days from the date of publication of this Law, the sole paragraph of art. 3 of Law No. 9.514, of 20 November 1997.
Brasília, 19 January 2015; 194th of Independence and 127th of the Republic.
DILMA ROUSSEFF
Marivaldo de Castro Pereira
Tarcísio José Massote de Godoy
Antônio Carlos Rodrigues
Manoel Dias
Arthur Chioro
Armando Monteiro
Eduardo Braga
Nelson Barbosa
Ricardo Berzoini
Gilberto Kassab
Alexandre Antonio Tombini
Luís Inácio Lucena Adams
Eliseu Padilha
Guilherme Afif Domingos
This text does not replace the one published in the D.O.U. of 20.1.2015.
ANNEX I
Minimum Specific Rates
Product
Tipi Code
Packaging
Volume
Minimum PVV Value
Value in R$ per liter
IPI
PIS
Cofins
PIS Import
Cofins
Import
up to 350 ml
1,47
0,0588
0,0341
0,1570
0,0341
0,1570
from 351 to 600 ml
1,26
0,0504
0,0292
0,1346
0,0292
0,1346
Disposable PET
from 601 to 1.000 ml
0,91
0,0364
0,0211
0,0972
0,0211
0,0972
from 1.001 to 1.500 ml
0,80
0,0320
0,0186
0,0854
0,0186
0,0854
from 1.501 to 2.200 ml
0,75
0,0300
0,0174
0,0801
0,0174
0,0801
Soft drinks
2202.10.00
above 2.200 ml
0,98
0,0390
0,0226
0,1041
0,0226
0,1041
Returnable PET
All
1,09
0,0436
0,0253
0,1164
0,0253
0,1164
up to 350 ml
0,96
0,0384
0,0223
0,1026
0,0223
0,1026
Glass
from 351 to 600 ml
0,54
0,0216
0,0125
0,0578
0,0125
0,0578
above 600 ml
0,53
0,0211
0,0122
0,0563
0,0122
0,0563
Can
up to 350 ml
1,46
0,0582
0,0338
0,1555
0,0338
0,1555
2202.10.00
Disposable PET
up to 500 ml
2,31
0,0924
0,0536
0,2467
0,0536
0,2467
Tea
above 500 ml
1,05
0,0419
0,0243
0,1120
0,0243
0,1120
2202.10.00
Disposable Cup
All
2,00
0,0800
0,0464
0,2136
0,0464
0,2136
Soft Drinks
2202.10.00 Ex 01
All
All
0,76
0,0305
0,0177
0,0815
0,0177
0,0815
Isotonic
2202.90.00 Ex 04
All
All
0,76
0,0305
0,0177
0,0815
0,0177
0,0815
up to 350 ml
3,92
0,1568
0,0909
0,4187
0,0909
0,4187
from 351 to 600 ml
2,80
0,1120
0,0650
0,2990
0,0650
0,2990
PET
from 601 to 1.000 ml
2,45
0,0980
0,0568
0,2617
0,0568
0,2617
from 1.001 to 1.500 ml
2,17
0,0868
0,0503
0,2318
0,0503
0,2318
Energetic
2202.90.00 Ex 05
above 1.500 ml
1,96
0,0784
0,0455
0,2093
0,0455
0,2093
up to 350 ml
4,76
0,1904
0,1104
0,5084
0,1104
0,5084
Can
from 351 to 500 ml
3,29
0,1316
0,0763
0,3514
0,0763
0,3514
above 500 ml
3,08
0,1232
0,0715
0,3289
0,0715
0,3289
Beer
2203.00.00
Returnable
All
1,50
0,0900
0,0348
0,1602
0,0348
0,1602
Disposable
All
1,60
0,0960
0,0371
0,1709
0,0371
0,1709
Draft beer
2203.00.00 Ex 01
All
All
1,50
0,0900
0,0348
0,1602
0,0348
0,1602
ANNEX I
(Text as amended by Law No. 13.137, of 2015)
(Effective) (Production of effects)
Minimum Specific Rates - Values in R$ per liter
Product
Tipi Code
Packaging
Volume
IPI
Contribution to PIS/Pasep
Cofins
PIS-Import Contribution
Cofins-Import
up to 350 ml
0,0588
0,0341
0,157
0,0341
0,157
from 351 to 600 ml
0,0504
0,0292
0,1346
0,0292
0,1346
Disposable PET
from 601 to 1.000 ml
0,0364
0,0211
0,0972
0,0211
0,0972
from 1.001 to 1.500 ml
0,032
0,0186
0,0854
0,0186
0,0854
from 1.501 to 2.200 ml
0,03
0,0174
0,0801
0,0174
0,0801
Soft drinks
2202.10.00
above 2.200 ml
0,039
0,0226
0,1041
0,0226
0,1041
Returnable PET
All
0,0436
0,0253
0,1164
0,0253
0,1164
up to 350 ml
0,0384
0,0223
0,1026
0,0223
0,1026
Glass
from 351 to 600 ml
0,0216
0,0125
0,0578
0,0125
0,0578
above 600 ml
0,0211
0,0122
0,0563
0,0122
0,0563
Can
up to 350 ml
0,0582
0,0338
0,1555
0,0338
0,1555
2202.10.00
Disposable PET
up to 500 ml
0,0924
0,0536
0,2467
0,0536
0,2467
Tea
above 500 ml
0,0419
0,0243
0,112
0,0243
0,112
2202.10.00
Disposable Cup
All
0,08
0,0464
0,2136
0,0464
0,2136
Soft drinks
2202.10.00 Ex 01
All
All
0,0305
0,0177
0,0815
0,0177
0,0815
Isotonic
2202.90.00 Ex 04
All
All
0,0305
0,0177
0,0815
0,0177
0,0815
up to 350 ml
0,1568
0,0909
0,4187
0,0909
0,4187
from 351 to 600 ml
0,112
0,065
0,299
0,065
0,299
PET
from 601 to 1.000 ml
0,098
0,0568
0,2617
0,0568
0,2617
from 1.001 to 1.500 ml
0,0868
0,0503
0,2318
0,0503
0,2318
Energy drink
2202.90.00 Ex 05
above 1.500 ml
0,0784
0,0455
0,2093
0,0455
0,2093
up to 350 ml
0,1904
0,1104
0,5084
0,1104
0,5084
Can
from 351 to 500 ml
0,1316
0,0763
0,3514
0,0763
0,3514
above 500 ml
0,1232
0,0715
0,3289
0,0715
0,3289
Beer
2203.00.00
Returnable
All
0,09
0,0348
0,1602
0,0348
0,1602
Disposable
All
0,096
0,0371
0,1709
0,0371
0,1709
Draft beer
2203.00.00 Ex 01
All
All
0,09
0,0348
0,1602
0,0348
0,1602
Total production volume in liters of special beers and draft beers,
Rate reduction
considering the accumulated production in the previous calendar year
Up to 5.000.000
20%
Above 5.000.000 up to 10.000.000
10%
ANNEX III
TIPI Code
Package volume
Reduction percentage
2015
2016
2017
22.03
Up to 400 ml
20%
15%
10%
Above 400 ml
10%
5%
5%
21.06.90.10 EX 02.22.01, except Ex 01
Up to 500 ml
20%
15%
10%
and Ex 02 of code 22.01.10.00 and 22.02,
except Ex 01 and Ex 02 of code
22.02.90.00
Above 500 ml
10%
5%
5%
*
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This document supersedes: Lei nº 8.177, de 1º de março de 1991 - Estabelece regras para a desindexação da economia e dá outras providências (Law No. 8,177 of 1 March 1991 - Establishes rules for the de-indexation of the economy and makes other provisions)
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