The latest issue of our Brazil On The Record Newsletter is out! Every Saturday, we bring you the most important laws, decrees, administrative acts, and executive orders which have been approved by the Brazilian government — and published on the Federal Register (the Diário Oficial da União).

For a group subscription, please contact our Communications Officer Laura Quirin at [email protected]

Why you should subscribe to this service

If it hasn’t been published on the Federal Register, it doesn’t exist—as far as the Brazilian government is concerned.

Brazil’s Federal Register is published on a daily basis, and it is the only space in which the federal government can’t hide.

We won’t focus on the information you see in the press. What we want to do is bring you the important information that you won’t find in your daily newspaper.

Read a sample of this newsletter here


AGRIBUSINESS­

Control of products of animal origin

To the core: Establishments which require the Federal Inspection Service (SIF) seal to sell their products must comply with more rigorous criteria as of April 21. Producers which already have the seal do not need to take any action for now, but if they reform their premises, or change address, they will need to adhere to the new requirements. This rule includes abattoirs, poultry farms, dairy farms and other establishments which process products of animal origin, even for non-consumption purposes.

Among the requirements for the approval of new establishments—or renovations of existing ones—include the submission of detailed construction blueprints, complete technical and sanitary details (for example, information about sewage destination, sources of bad odors, surrounding neighborhoods, slaughter capacity, species to be slaughtered, a full list of machinery and equipment, a list of products intended to be manufactures, etc.) and the results of laboratory analysis of the water used in the establishment. All of this must be submitted in the prior analysis phase of the project.

Other aspects to bear in mind:
  • The ordinance loosens the rules on meat-packing plants. It is now permitted for an establishment which works with beef, for instance, to also operate as a warehouse—even storing products from other areas, such as milk, eggs and related products. In this case, they must include the classification Warehouse of Products of Animal Origin on their license request.

Source: Instrução Normativa nº 3, de 14 de março de 2019


AVIATION

Airport tariffs

To the core: The National Agency of Civil Aviation (Anac) changed the rules to determine the tariffs to be charged at airports operated by state-owned company Infraero (among them, Santos Dumont Airport and Congonhas Airport) for services of embarking and connection of passengers, as well as for the landing and stays of aircraft. These charges will be paid by airlines, who will then pass on these costs to airfares.

It is not yet clear whether the new formula for calculating tariffs will cause an increase or decrease in costs. Regardless, it has been established

that Infraero&#8217;s tariff increase proposals must be submitted to a prior consultation with &#8220;the relevant interested parties&#8221;—in other words, airlines will be directly involved in discussions about setting tariffs.</span></p> <h5><b>Potential loopholes:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The resolution creates a &#8220;mechanism of regulatory flexibility.&#8221; By way of agreements, airlines and Infraero may bring forward a so-called &#8220;supported proposal.&#8221; By way of this tool, it is possible to alter the maximum amount of revenue collected by Infraero with tariffs, establish &#8220;alternative tariff models&#8221; and decide on the inflation adjustment index used for the revenue ceiling over the subsequent five years. Anac may approve or reject the supported proposal, but the fact that this mechanism is being created now (it still required specific regulation from Anac) is an indication that it will be used recurrently.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">A supported proposal may be submitted to be valid for a further five years, if it is necessary to facilitate the agreement between Infraero and airlines. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">While in force, the supported proposal will take priority over potential tariff restrictions established by Anac. In other words, it will remain untouched by any changes enforced by the agency.</span></li> </ul> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Previously, along with general tariffs, airlines were also charged National Civil Aviation Fund (FNAC) Premiums and Airport Tariff Premiums. Now, only the FNAC Premium will be charged, along with the International Boarding Tariff. In other words, domestic flights are now spared from this extra payment.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67531120"><span style="font-weight: 400;">Resolução nº 508, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Pilot fatigue</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">While the resolution is a veritable tome, with lots of technical details and specific criteria, the important takeaway is that Anac has finally created a regulation to deal exclusively with the matter of fatigue of pilots and cabin crew on commercial flights, creating a policy of &#8220;fatigue management,&#8221; which must be followed by Brazilian and international airlines as of February 29, 2020. Some practical effects involve a higher rotation of pilots. </span></h5> <p><span style="font-weight: 400;">This could potentially increase costs of airlines and, consequently, bump up airfares. Among the limits established by the regulation is the limit of 96 hours of flight in any consecutive 28-day period, on international flights (an average of approximately three and a half hours per day), and a maximum of four overnight flights in one week. As mentioned previously, it contains many specific points. For those interested, the full reading of the manual is recommended.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67531131"><span style="font-weight: 400;">Resolução nº 507, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Aircraft maintenance</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Now, pilots who own their own aircraft may carry out their own preventive maintenance, in some cases: planes with a takeoff weight of up to 2.7 tons which are not used for commercial purposes, or helicopters operating in areas considered to be remote. This new Anac resolution adapts the Brazilian rules to the models already used by the United States and Europe, but with some extra limitations. For example, pilots need to complete a specific Anac training course, and &#8220;critical maintenance&#8221; is still forbidden—relating to tasks in which errors could lead to a plane crash.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67531692"><span style="font-weight: 400;">Resolução nº 509, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Airline services</b></h4> <h5><b>To the core</b><span style="font-weight: 400;">: The ordinance establishes the numerical codes which airlines should use in the complaints system created by Anac to control the services provided by these companies. Codes are in accordance with the type of complaint (for instance, cost of wifi on board, transportation of animals, etc.) and must be included at the end of the text in response to consumers who make complaints on the platform. The ordinance includes its own hypothetical practical examples.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68564805"><span style="font-weight: 400;">Portaria nº 867, de 21 de março de 2019</span></a></p> <hr /> <h4><b>Pilot evaluation</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> It will no longer be necessary for Anac doctors to undergo inspections during medical consultations in order to renew their accreditation with the agency. These doctors are responsible for examinations of candidates and providing medical reports on the physical and psychological aptitude of pilots and other aircraft staff. Now, doctors will only need to submit documentation to prove the &#8220;maintenance of the minimal requirements of the initial accreditation.&#8221;</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69182833"><span style="font-weight: 400;">Resolução nº 510, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">BANKS AND FINANCIAL SYSTEM</h2> <h4><b>Bank assets</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">As of January 2020, banks and other financial institutions will have to provide the Central Bank with more detailed data on their intangible and fixed assets. Among the specific amounts to be declared in the accounting records of intangible assets are brands accrued, patents, licences and copyrights, rights of exclusivity or preference. Fixed assets include the value of owned real estate, differentiating what refers to buildings and what refers to land. They will also need to report the amounts of improvements carried out on the real estate of third parties, as well as the furniture and equipment in stock, among other orders.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68562426"><span style="font-weight: 400;">Carta Circular nº 3.940, de 22 de março de 2019</span></a><span style="font-weight: 400;"> and </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68562608"><span style="font-weight: 400;">Carta Circular nº 3.941, de 22 de março de 2019</span></a></p> <hr /> <h4><b>Financing of vehicles</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The deadline for the National Traffic Department (Denatran) to implement the National Encumbrance Record System (Renagrav) has been extended until March 31 next year. The initial term had already expired last September. This system serves to record the financial restrictions of vehicles given as guarantees in credit operations across Brazil, such as loans and financing agreements. This system is already in effect today, but it is controlled entirely by the private sector—specifically B3, the Brazilian stock exchange. </span></h5> <p><span style="font-weight: 400;">\With Renagrav, the government&#8217;s idea is to break B3&#8217;s monopoly which, according to the Federal Controller General, has restricted the possibility of regional traffic departments from hiring other agencies to carry out these activities at a lower price. With the considerable delay to its implementation, it would appear that the monopoly is not a terribly big concern of the federal government …</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69183518"><span style="font-weight: 400;">Resolução nº 773, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;"><b>CULTURE AND SOCIETY</b></h2> <h4><b>Renewal of Iphan contracts</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Jair Bolsonaro and Paulo Guedes authorized the Institute of National Historic and Artistic Heritage (Iphan) to extend the temporary contract of 143 employees hired in 2013 by the agency across Brazil. Archeologists, architects, and civil engineers were hired due to the &#8220;temporary increase in the volume of work&#8221; due to the activities carried out by the Historic Cities Growth Acceleration Project (PAC). By law, temporary hires cannot last for over five years. However, this decree allows for the continuation of these employment contracts.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/web/guest/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68781049/do1e-2019-03-27-medida-provisoria-n-878-de-27-de-marco-de-2019-68781040"><span style="font-weight: 400;">Medida Provisória nº 878, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Tax on cultural events</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">The Federal Revenue Service concluded that, in cases of money transfers abroad for &#8220;cultural purposes,&#8221; the Withheld Income Tax break only applies if the money is for the maintenance of an individual participating in a non-profit cultural event of program.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68368082"><span style="font-weight: 400;">Solução de Consulta nº 70, de 13 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">DEFENSE AND HOMELAND SECURITY</h2> <h4><b>Generals out of military state-owned company</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;">  What initially seems to be a bureaucratic change could have larger consequences in one of the biggest state-owned companies of the Brazilian military area. Some offices—four, to be exact—will no longer be filled exclusively by generals. Of these four, three are posts in the Management Company of Naval Projects (Emgepron), linked to the Navy and one of the three state-owned companies connected to the Ministry of Defense. Emgepron is responsible for managing large-scale projects in the naval sector. Now, the CEO, CFO, and technical commercial officers of the company may be filled by individuals outside of the barracks.  </span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">On the other hand, it has now become obligatory for a brigadier general to occupy the post of Head of Executive Governance of the Joint Staff of the Air Force, and that an admiral must be the vice-director of the Marcílio Dias Naval Hospital, the Navy&#8217;s main hospital.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67956552"><span style="font-weight: 400;">Portaria Normativa nº 17/GM-MD, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Space Program I</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;">  After finalizing an agreement with the United States for use of the Alcântara Launch Center, the Office of Institutional Security has created a technical group &#8220;to plan the implementation of public policies and establish a plan for the occupation of the area to be controlled by the Air Force Command in the municipality of Alcântara, Maranhão, with a view to the consolidation of the Alcântara Space Center.&#8221; The group will have up to six months to submit a proposal for inclusion in the 2020/2023 Pluriannual Plan to receive funds for these purposes.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69184825"><span style="font-weight: 400;">Resolução nº 2, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Space Program II</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Initially scheduled to come to an end this week, the process of administratorship (verification of debits, rights on assets, etc.) of the company created by Brazil and Ukraine—Alcântara Cyclone Space—has been delayed until December 1 this year.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69185088"><span style="font-weight: 400;">Decreto nº 9.740, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">EDUCATION</h2> <h4><b>Reform of engineering courses</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">The National Education Council (CNE) has significantly modernized the curricular guidelines of Engineering courses, which have been in effect since 2002. By way of the ratification of the Minister of Education (which has yet to take place), universities will have two years to adapt to the new rules. To those with an interest in the subject, the report from January this year is worth reading, as it includes an interesting contextualization of the state of engineering education in the country. The CNE&#8217;s evaluation is that &#8220;it was not possible to reach the advances hoped for with the current ordinance, as its foundation on content cores established curricula with a principal focus on the development of content and practices, often restricted to laboratories, in subjects which are hermetic and often non-contextualized.&#8221; There are many points to highlight from the new rules, but one of its most essential aspects is an increased loosening for courses to make changes to their training models, and directed on practical and entrepreneurial aspects. Some highlights are listed below:</span></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Once graduated, the new professional must have his/her development monitored by the university, with the &#8220;systematic promotion of leaving evaluations, as a way of following his/her trajectory in the first five years of certification, at least.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Today, the guidelines determine the content of each training core and the proportion of each one within courses. The basic core, for example, must make up 30% of the minimum hours of study and include 15 previously established subjects. Another 15% of the study hours must be dedicated to &#8220;professionalization&#8221; content, using a selection of 53 subjects which may be chosen by the institutions. The remaining 55% of the study hours are made up of supplementary subjects which the education institution is free to choose, in order to deepen the subjects of the professional training core. With the new guidelines, neither the cores, minimum study hours, or pre-defined subjects exist. The organization of the course will be carried out by way of &#8220;content, theme and block axes&#8221; or traditional subjects. The idea is that this will mean &#8220;the content will be implemented within contexts of developing abilities and contextualized in an Engineering environment, and not only as a means within themselves.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Of the total number of subjects/axes of the course, 30% must involve practical activities, which must correspond to at least 20% of the content established for each one. Furthermore, the compulsory internship stage, which currently stands at a minimum of 160 hours, will be almost doubled to a minimum of 300 hours. With regard to the internships, the universities &#8220;must establish partnerships with organizations which develop or apply Engineering activities, so that the teachers and students, as well as the professionals of these organizations, are effectively involved in real situations which include the realm of Engineering, both in the professional field and the scope of the course.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The courses must &#8220;stimulate academic activities such as scientific initiation, multidisciplinary and transdisciplinary projects, technical visits, group projects, the development of prototypes, monitorships, participation in junior companies and other entrepreneurial activities.&#8221; It is also &#8220;desirable&#8221; that the universities stimulate volunteer work in the engineering field. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">It is now &#8220;desirable&#8221; that a part of the teachers of the course is not restricted to engineers, also including professionals from other areas.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68158876"><span style="font-weight: 400;">Súmula de Parecer CNE/CES nº 1/2019</span></a></p> <hr /> <h4><b>Researcher support program canceled</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Ministry of Education is practically paralyzed, immersed in a crisis of competing forces. However, the Department of Higher Education Improvement (Capes), an institution linked to the ministry, has promoted significant changes in recent weeks. T</span></h5> <p><span style="font-weight: 400;">his week, the committee ended the Spontaneous Demands Program (PDES), created in 2016, which allowed students and researchers to submit financing requests for research projects in other countries, individual scholarships (including sandwich Ph.D.s and postdocs abroad) and assistance for the participation in events around the world. The objective of the program, therefore, was to support initiatives which are not previously &#8220;provoked&#8221; by the government via invitations or public calls for proposals, hence the term &#8220;spontaneous demands.&#8221; </span><br /> <span style="font-weight: 400;">The ordinance, as is the norm, does not explain the reason for the cancellation, but it says there was a &#8220;need to revoke the legal instrument and the analysis procedures.&#8221; For those who are already using the benefits, the terms signed with Capes will remain valid, and the proposals already submitted and pending will still be analyzed.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68157704"><span style="font-weight: 400;">Portaria nº 59, de 20 de março de 2019</span></a></p> <hr /> <h4><b>Evaluation of professional master&#8217;s degrees</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Capes, once again. The department&#8217;s president signed an ordinance adjusting some of the rules for professional master&#8217;s and Ph.D. degrees. In February, </span><b>Brazil on the Record</b><span style="font-weight: 400;"> showed that the evaluation process for proposals of new master&#8217;s and Ph.D. courses was established, not only affecting the professional type. This ordinance concerns the general characteristics and principles that professional master&#8217;s and Ph.D courses must follow. </span></h5> <p><span style="font-weight: 400;">However, the evaluation process for proposals of new courses remains the same as that established last month. The only relatively new measure is that a ceiling of 30% was established for professors to be a part of a faculty &#8220;without the title of Master or Ph.D., providing they show recognized experience in research applied to the development and innovation in the segment proposed by the program.&#8221;</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The difference between a professional master&#8217;s degree and an MBA, as explained by business school Insper, is that &#8220;Professional Master&#8217;s have a higher conceptual content than specialization courses and MBAs, giving more emphasis to the analytic capacity of the student. Furthermore, in order to complete a Professional Master&#8217;s degree, the student must produce a dissertation which not only generates practical results in his/her professional activity, but may also be published in specialized journals.&#8221;</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68157853"><span style="font-weight: 400;">Portaria nº 60, de 20 de março de 2019</span></a></p> <hr /> <h4><b>More restricted debate on education</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In another move indicative of the conservative mindset of the Ministry of Education, the National Education Forum—which comprises dozens of associations representing the education sector as a whole—will no longer be a part of the Permanent Committee of Basic Education Cost Evaluation. This committee is tasked with setting criteria to assist the ministry in establishing the funds directed to basic education. In its place, a representative of the Treasury will sit on the board.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The Ministry of Education is officially abandoning the attempt to implement the Student-Quality Cost, a method developed by the National Campaign for the Right to Education, approved in 2014. It forecast setting an amount to be invested by the government, per student, based on criteria such as teaching materials, libraries, teachers&#8217; pay, among others. This would become the minimum amount the government could invest to guarantee so-called quality education. The model already should have been brought into effect. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The only practical actions toward the implementation of the Student-Quality Cost was the creation of this cost-evaluation committee. In the ordinance currently in force, from March 2018, it was provided that the group would carry out the &#8220;evaluation of the viability of implementing&#8221; the Student-Quality Cost, and carry out a survey of &#8220;sources of funding&#8221; to make this implementation possible. Now, the ordinance only states the committee will work in relation to &#8220;amounts per capita&#8221; per student, depending on the financial availability of the government, but without any direct association with the criteria established by the Student-Quality Cost. In practice, the Student-Quality Cost has disappeared from the internal rules of the Ministry of Education.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68363850"><span style="font-weight: 400;">Portaria nº 649, de 22 de março de 2019</span></a></p> <hr /> <h4><b>Research grants</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">This is a potentially important measure by the National Council for Scientific and Technological Development (CNPq), making alterations to the general conditions for the granting of study scholarships and assistance for researchers. However, the annexes which include the changes are not functional on the CNPq&#8217;s website. Once they are available, an analysis of the changes will be included in future versions of Brazil on the Record.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69182468"><span style="font-weight: 400;">Instrução Normativa nº 6, de 26 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">ENERGY AND ENVIRONMENT</h2> <h4><b>Plan of intentions</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Ministry of the Environment formalized the approval of the National Plan to Combat Waste in the Sea. With six structural axes, 30 concrete actions were decided to be carried out in the short, medium and long-term (beyond one and a half years). However, no quantitative goals were established for any actions. It is a plan which includes all sorts of loopholes to not be put into practice. The ministry has not even set the implementation costs or any concrete deadlines. </span></h5> <p><span style="font-weight: 400;">Despite the plan including a column precisely to establish how much each action will cost, of the 30 listed initiatives only three have a previously defined budget: BRL 350,000 to implement the Clean Rivers for Clean Seas Project (an initiative to clean streams in the region of Manaus in order to reduce the volume of waste that flows into the Amazon River), and BRL 110,000 for the campaigns &#8220;Conscious Conduct in Coral Environments&#8221; and &#8220;Conscious Conduct at Beaches,&#8221; to be carried out in 30 municipalities in the tourist region of Costa de Corais and Abrolhos, between the states of Pernambuco and Alagoas, including the archipelago of Fernando de Noronha. All of the remaining actions will have their costs &#8220;estimated in accordance with the scope of the initiative.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">In February, environment minister Ricardo Salles had ordered the cancellation of a committee put together in June 2018 to draft the national plan. He alleged there was a &#8220;need to include other agencies, members of the new government structure, committed to the new agenda of combating waste in the sea&#8221; and that the inclusion of these new agencies would complement the &#8220;alignment of the changes to the Federal Government guidelines.&#8221; However, he did not create any committee in its place. It is unclear whether this work was developed by the original committee. As the plan was one of the priority goals for the first 100 days of the government, it is likely that the work was used.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68743885"><span style="font-weight: 400;">Portaria nº 209, de 22 de março de 2019</span></a></p> <hr /> <h4><b>Assistance for environmental decisions</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The CNPq created a program directed toward the synthesis of data in the area of biodiversity and humans&#8217; uses of nature, the so-called &#8220;ecosystem services,&#8221; such as food, wood extraction, water, eco-tourism, among others. The program is called SinBiose (the Center for Synthesis in Biodiversity and Ecosystem Services). This center for synthesis will &#8220;work as an intermediary between science and politics, assisting in the development of possibilities, strategies, and solutions for the area,&#8221; as well as identifying &#8220;gaps in knowledge and emergent environmental problems.&#8221;</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">SinBiose will support visiting researchers in the development of data syntheses. While theoretical projects may also be supported, the focus will be &#8220;on the development of syntheses which may provide quality information to subsidize decision making in the environmental field.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The Scientific Committee, which will be responsible for selecting, monitoring and evaluating the supported projects, will be made up of five people, ideally one from each region in the country.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69182704"><span style="font-weight: 400;">Resolução Normativa nº 7, de 26 de março de 2019</span></a></p> <hr /> <h4><b>Pesticide labeling</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The deadline for pesticide companies to adapt the labeling of their products which are toxic to aquatic organisms has been extended for a further three months. Companies must specify if their pesticides are damaging to algae, microcrustaceans (which serve as food for fish) or fish.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69182474"><span style="font-weight: 400;">Instrução Normativa nº 13, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Oil exploration waste</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> At the beginning of last year, the Brazilian Environmental Protection Agency (Ibama) published rules to define the procedures to be adopted for the discharge of waste generated by activities of drilling oil wells. This measure was meant to take effect in June. However, there has been a legal disagreement between Ibama&#8217;s legal sector and the National Oil Agency (ANP). </span></h5> <p><span style="font-weight: 400;">As a result, Ibama has decided to suspend the rules indefinitely, until which time the Defense Counsel of the Federal Government produced a definitive decision on the matter. The case is likely to cause further controversy due to the gigantic size of this waste. Data from 2009 indicated that the exploitation of oil on Brazil&#8217;s coast created more than 44,000 tons of solid waste, more than half of it being classified as dangerous.</span><br /> <span style="font-weight: 400;">Source:</span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67378978"><span style="font-weight: 400;"> Instrução Normativa nº 11, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Fewer blocks on offer</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The National Board of Energy Policy reduced the number of blocks to be auctioned in the Sixteenth Round of Bidding for blocks for oil and natural gas exploitation and production. The auction, probably held later this year, will include 36 blocks instead of 42. Blocks S-M-1498 and S-M-1502, in the Santos Basin, and blocks C-M-602, C-M-604, C-M-543, C-M-606, in the Campos Basin, will be removed, as they may be &#8220;unitized&#8221;—in other words, their oil reserves may be connected to beyond the Exclusive Economic Zone, where the Brazilian government is allowed to exploit oil.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67804647"><span style="font-weight: 400;">Resolução nº 3, de 20 de março de 2019</span></a></p> <hr /> <h4><b>Fishing expanded in the South</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In a joint act of the ministries of Agriculture and the Environment, the authorization for the fishing of sardines using crabbers has been extended to the South region of Brazil. Previously, the permission was only valid for seas in the South-east of the country. At the same time, the fishing of some species using crabbers has been authorized which were not contemplated in the previous regulation, from 2011. Among them, the blue shark, a species classified as &#8220;near threatened.&#8221;</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67379228"><span style="font-weight: 400;">Instrução Normativa Interministerial nº 5, de 15 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">TRADE</h2> <h4><b>Banana republic</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> As of this week, imports of bananas from Ecuador have been suspended. The Ministry of Agriculture suspended the effects of a normative instruction of 2014 which established the phytosanitary requirements for importing the fruit, specifically when coming from Ecuador. This means that there are no longer any established phytosanitary requirements. Odd, as one of the requirements for the import on any vegetable product in Brazil is the existence of defined phytosanitary requirements.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67751282"><span style="font-weight: 400;">Instrução Normativa nº 4, de 18 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">HEALTHCARE</h2> <h4><b>Tax on cigarettes</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Justice ministry Sérgio Moro has created a working group to discuss a potential reduction to tax on cigarettes manufactured in Brazil. The objective is &#8220;to reduce the consumption of low-quality foreign cigarettes, as well as contraband, and the health risks arising from it.&#8221; It is practically a damage-reduction policy, but one that is favorable to Brazilian tobacco companies. The group will not discuss how to combat contraband, for instance. One of the specific objectives of the working group is to &#8220;verify whether the reduction of the tax on cigarettes made in Brazil could have an impact on the consumption of low-quality foreign cigarettes, as well as contraband, and whether this measure could cause an increase to tobacco consumption.&#8221;</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The group will be made up of representatives of the Federal Police, the National Consumer Department and the Special Consultants on Legislative Matters. Representatives from the Ministries of Economy and Health will also be invited.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The group will have a deadline of 90 days to send action proposals to the Minister of Justice.</span></li> </ul> <hr /> <h4><b>Substance dependents I</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">In light of the recurring cases of complaints of poor treatment of substance dependents admitted to therapeutic communities, a Plan for the Inspection and Monitoring of Therapeutic Communities has been created. The goal is to define the procedures for the in loco verification of contracts signed between the federal government and the agencies which provide services of support and resocialization for substance dependents. Last year, the now extinct National Drug Policy Department published an invitation for proposals to hire these services.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Until the end of each year, a schedule of inspections must be drafted for the following year. The communities which have been targeted by complaints will receive priority inspections. In principle, this schedule will not be disclosed publicly, as in another article of the ordinance it states that in loco inspections must take place &#8220;without prior warning to the therapeutic community.&#8221; This inspection must be carried out at least once for each year of the contract. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The ordinance opens a loophole for not carrying out inspections in certain situations. This would occur when there is &#8220;unavailability of administrative logistics,&#8221; i.e., a lack of employees available to make visits. By the rules of the plan, at least two inspectors must take part in each visit. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The National Department of Drug Care and Prevention is free to hire companies or auditors or specialized institutions to carry out independent audits on therapeutic communities.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67753796"><span style="font-weight: 400;">Portaria nº 562, de 19 de março de 2019</span></a></p> <hr /> <h4><b>Substance dependents II</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The government will have a record of the therapeutic communities and organizations involved in the recovery of drug and alcohol dependents and those who work in &#8220;prevention, support, and mutual help,&#8221; such as Alcoholics and Narcotics Anonymous. Only organizations which meet the minimal requirements established by the Ministry of Citizenship will be a part of this register and be able to be awarded federal government contracts. </span></h5> <p><span style="font-weight: 400;">Among the requirements is the obligation to have existed for at least three years, proof of operations at the registered address, a sanitary permit and proof of prior experience of at least one year of the organization or team in carrying out projects linked to drugs, tobacco or alcohol. The list of accredited organizations will be published on the site of the Ministry of Citizenship.</span></p> <h5><b>Potential loophole:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Despite the requirements, the organizations already accredited and selected from the invitation for accreditation of last year will be considered accredited according to the new rules, and, therefore, their license will be valid for five years.</span></li> </ul> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The organizations may not include employees of the federal government or their relatives among their directors. If their accounts are adjudged to be faulty by any Brazilian accounting court in recent years, they may also be denied accreditation. The same applies to organizations which involve people with faulty accounts in the last eight years or who have been convicted for misconduct in office.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67758461"><span style="font-weight: 400;">Portaria nº 563, de 19 de março de 2019</span></a></p> <hr /> <h4><b>Substance dependents III</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Associations and foundations which have worked for at least three years in the training and consultancy of therapeutic communities may now receive a certificate from the Federal Government. In order to do so, they must submit—along with several other documents—activity reports from the last three years, an educational project with minimum study hours of 80 hours, and certificates of academic qualifications of specialists, masters and doctors. The courses offered by these organizations may be carried out by way of distance learning.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">At least 50% of the subjects of the educational project must be about &#8220;fundamental knowledge about therapeutic communities.&#8221; Among them include &#8220;aspects related to religiosity/spirituality, as being the search for self-knowledge and self-development, by way of a holistic vision of human beings, such as the possibility of integrating the method of recovery, aiming for the strengthening of fundamental values for social and personal life.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Among the other criteria for certification, the Corporate Tax Identification Numbers (CNPJs) of these organizations must have been active for at least five years, and the formal economic activity must be specifically connected to activities of training people working in policies on alcohol and other drugs.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67753811"><span style="font-weight: 400;">Portaria nº 564, de 19 de março de 2019</span></a></p> <hr /> <h4><b>Priorities for health</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In a meeting held in February, and with a resolution only published this week, the National Health Council established the guidelines which must be followed by the Ministry of Health in defining the priorities for public actions and services of health in the Budget Directives Bill (PLDO) for the 2020 Budget. </span></h5> <p><span style="font-weight: 400;">There are 22 items in total and, due to being guidelines, they are more generic that specific. Some points could create controversy, such as the order that treatment in public health service (SUS) facilities considers &#8220;social determining factors&#8221; such as &#8220;gender identity&#8221;—an expression which causes outrage among the conservative core of the government. Other guidelines may be incorporated as of the 16th National Health Conference, which will be held in August.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67751279"><span style="font-weight: 400;">Resolução nº 614, de 15 de fevereiro de 2019</span></a></p> <hr /> <h4><b>Treatment for pesticide poisoning</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Ministry of Health approved new guidelines to be followed in all of Brazil for the diagnosis and treatment of people poisoned by pesticides. There had already been guidelines in place before (chapters 1, 2, and 3). Each one of these chapters refers to the procedures to be adopted in relation to one type of pesticide. </span></h5> <p><span style="font-weight: 400;">The final chapter, for example, approved in February of this year, is exclusively for the diagnosis and treatment of poisoning by glyphosate. Now, the ministry has approved two new chapters. The details, however, are not yet available on the section of protocols and guidelines of the website of the National Committee of Incorporation of Technologies in SUS (Conitec) at the time of completing this issue.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68563892"><span style="font-weight: 400;">Portaria nº 16, de 25 de março de 2019</span></a><span style="font-weight: 400;"> and </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68563874"><span style="font-weight: 400;">Portaria nº 17, de 25 de março de 2019</span></a></p> <hr /> <h4><b>Reuse of surgical instruments</b></h4> <h5><span style="font-weight: 400;"><strong>To the core:</strong> The National Agency of Sanitary Surveillance (Anvisa) upheld the provisory permission to reuse cannulas used in cardiac surgery. This permission had been given for 90 days back at the end of 2018, but is now valid until the conclusion of public hearings currently in progress about the matter. The reason is the risk of suspensions to cardiac surgeries on the SUS.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67379542"><span style="font-weight: 400;">Resolução da Diretoria Colegiada RDC nº 271, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Record of glass flasks</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The measure facilitates the process of registering and recording glass flasks used for the collection of biological samples manufactured by the same company with similar characteristics.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67752928"><span style="font-weight: 400;">Instrução Normativa nº 30, de 19 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">INFRASTRUCTURE AND LOGISTICS</h2> <h4><b>Funds for infrastructure works</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In an important step to make large infrastructure projects viable, the Securities Commission (CVM) created, after almost seven years without specific regulations, the Incentivized Funds of Infrastructure Investment (FI-Infra). These are investment funds considered as having a fixed revenue and which must have at least 85% of its assets spent on infrastructure project considered as priorities by the Federal Government. </span></h5> <p><span style="font-weight: 400;">The fund is incentivized as shareholders will receive an exemption on withheld income tax, in the case of individuals, and a reduced tax rate (15%), for shareholders which are legal entities. In regard to the returns paid to residents or those living abroad, withheld income tax will also be wiped.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">FI-Infra funds may be constituted as closed or open funds. Normal investors may only invest in closed infrastructure funds, in which shares can only be redeemed after a fixed period. Qualified investors may invest in open funds and take their returns at any time.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">In the case of funds made up of regular shareholders, the limit of the fund&#8217;s assets which may be applied in a single infrastructure firm of investment fund is 20%. In the case of funds made up of qualified investors (open), the limit will be double, 40%. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Funds will have two years to adapt to these limits.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68561606"><span style="font-weight: 400;">Instrução nº 606, de 25 de março de 2019</span></a></p> <hr /> <h4><b>Investments in Guarantee Fund</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The government altered the composition of federal government representatives in the Investment Committee of Incentivized Funds of the Guarantee Fund for Length of Service (FI-FGTS) as well as the public servants which will be involved for two-year terms. As of today, there will be three representatives of the Ministry of the Economy, one from the Ministry of Regional Development, one from the Ministry of Infrastructure and one from the Caixa Econômica Federal. </span></h5> <p><span style="font-weight: 400;">The most important change is the entry of the Ministry of Infrastructure, replacing the Ministry of Cities. This could be an indication of the priorities of investments in logistics. Previously there were no representatives of the Ministry of Transport (which was made extinct in the Bolsonaro government but has effectively been replaced by the Ministry of Infrastructure).</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68367238"><span style="font-weight: 400;">Resolução nº 916, de 18 de março de 2019</span></a></p> <hr /> <h4><b>Insurance against cargo theft</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> A specific alteration was made to the rules for transport companies to report the transportation of merchandise to insurance companies with a purpose to guarantee coverage in cases of cargo theft. Now, this must be carried out exclusively by way of specific digital systems.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67752435"><span style="font-weight: 400;">Circular nº 586, de 19 de março de 201</span></a></p> <hr /> <h2 style="text-align: center;">BUSINESS AND INVESTMENTS</h2> <h4><b>Funds as formal partners in companies</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Since 2016, the CVM has allowed the investment of FIPs in limited liability companies, providing they have an annual revenue of up to BRL 300 million. The idea was to facilitate investment in innovative ventures and startups. The new rule now, determined by the Ministry of the Economy, is that these funds may be direct partners of these companies. </span></h5> <p><span style="font-weight: 400;">There is no restriction as to the size of the companies, as the ordinance includes no specific observation in relation to this. Until now, only individuals, other companies, and foreign-based legal entities were allowed to be partners in limited liability companies.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The FIP must be represented in the corporation by the company which administers the fund. Among the leading administrators of FIPs are Santander, BTG Pactual, and dozens of other institutions. On the list of all FIPs registered in the CVM, there are funds administered by Bozano, of which Paulo Guedes was the president before taking over the Ministry of the Economy.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68741671"><span style="font-weight: 400;">Instrução Normativa nº 58, de 22 de março de 2019</span></a></p> <hr /> <h4><b>Decisions on investments via FGTS</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> President Jair Bolsonaro has halved the size of the Curator Board of the FGTS, responsible for defining how the resources of the billionaire fund will be applied. Until now, the board had 24 members, with half of them being representatives of the government. This proportion is preserved after the change, but now the board will have only 12 members. </span></h5> <p><span style="font-weight: 400;">From the government, there will be three representatives of the Ministry of the Economy, one from the Office of the Chief of Staff, one from the Ministry of Regional Development and one from the Ministry of Infrastructure. Trade union centers will have three representatives from the associations with the highest level of representation (to be defined by the Ministry of the Economy, which will disclose this annually, today it would be CUT, Força Sindical and UGT). In the current composition of the board, all six trade union centers in the country are included.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Representatives of the National Confederation of Industry (CNI), National Confederation of the Financial System (CNSF), and the National Confederation of the Trade of Goods, Services, and Tourism (CNC) will also take part. The National Confederation of Services, the National Confederation of Health, Hospitals, Establishments and Services, and the National Confederation of Transport will now no longer have places on the board.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Last year, behind the backs of the curator board, the government approved a line of credit for the philanthropic Santa Casa hospitals using FGTS funds. The health area did have some representation on the Curator Board, both from the side of the government (Ministry of Health) and the national confederation of companies in this sector. Now, this representation has completely disappeared from the FGTS board, which could be an indication of the change in stance in relation to the application of funds to these philanthropic organizations.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68604227"><span style="font-weight: 400;">Decreto nº 9.737, de 26 de março de 2019</span></a></p> <hr /> <h4><b>Foreign funding</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> While it is in the form of a presidential decree, this is an essentially bureaucratic alteration in the Committee of Foreign Funding, now linked to the Ministry of the Economy and responsible for authorizing the preparation of projects and programs which depend on financial support from abroad. This includes both loans an non-refundable contributions, related to the federal government or states and municipalities. </span></h5> <p><span style="font-weight: 400;">Even state-owned companies must be submitted to this committee, whenever the federal government is involved as a guarantor. There are another two practical measures: the number of members of the committee has gone from ten to eight, and the group&#8217;s president, previously occupied by the executive secretary of the now-extinct Ministry of Planning, will now be up to the special secretary of Foreign Trade and International Issues of the Ministry of the Economy.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68565006"><span style="font-weight: 400;">Decreto nº 9.736, de 25 de março de 2019</span></a></p> <hr /> <h4><b>Less bureaucracy in commerce registries</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Previously, in order to archive corporate acts electronically in commerce registries, it was compulsory for the parties responsible for the companies to digitally sign documents with a digital certificate of at least level &#8220;A3&#8221; security. Now, any digital certificate is valid, regardless of its security level. In the case of archiving paper documents, the digital scanning of the document is now mandatory, with a declaration of authenticity signed digitally by the company partner.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68741664"><span style="font-weight: 400;">Instrução Normativa nº 57, de 26 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">LEGAL ISSUES</h2> <h4><b>Subpoena of foreigners</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Presidente Jair Bolsonaro enacted the terms of Brazil&#8217;s accession to a convention signed in The Hague in 1965 about the summons, subpoena and legal notification of people outside the country targeted by civil and commercial cases. Criminal cases are not covered by the convention. All of this paperwork must be sent to the Minister of Justice who will then determine the notification of the recipient by the Brazilian legal methods. The same is applicable for persons of interest to Brazilian courts who are out of the country.</span></h5> <h5><b>Potential loophole:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The convention originally permits that notifications may be carried out directly by diplomats or attachés in the country, going above the Federal Police or court officials, for instance. It also allows for the remittance of correspondence by post directly to the person subject to the summons or subpoena. However, the government is formally opposed to these points and they will be excluded from the obligations to be carried out in Brazil as of June, when the effects of the convention will come into force. However, article 8 of the convention says governments cannot veto this more &#8220;direct&#8221; approach in the cases of summons, subpoena, or notification of citizens of the country of origin who are, in this case, on Brazilian soil. </span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67958489"><span style="font-weight: 400;">Decreto nº 9.734, de 20 de março de 2019</span></a></p> <hr /> <h4><b>Extradition agreement</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Before travelling to Washington to visit U.S. president Donald Trump, Jair Bolsonaro signed a decree to favor relations with another ally: Israel. He enacted an extradition agreement signed in 2009. With this enactment, Brazilian government agencies will be obligated to follow the defined terms. </span></h5> <p><span style="font-weight: 400;">The agreement sets the obligation of extradition in the case of crimes which hold punishments of at least one year imprisonment. Attempted crimes or assistance to criminal practice also can result in extradition. </span><br /> <span style="font-weight: 400;">But there are exceptions. One of the countries may, for instance, request the submission of &#8220;sufficient evidence and information&#8221; which demonstrate the defendant will be taken to trial. Another question is that, if one country claims the existence of a political crime or discriminatory persecution, extradition will not be granted. In the case of a crime punishable bu the death penalty or life sentences, extradition may also be denied.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The Brazil-Israel agreement foresees the possibility of the countries requesting provisory detentions in the country of the other signatory, even before the submission of the extradition request.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67381086"><span style="font-weight: 400;">Decreto nº 9.728, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Legal uniformization</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The General Consultancy of the Federal Government (an internal agency of the General Counsel of the Federal Government) will create a series of issue-based National Chambers. These issues, as well as the composition of the chambers, have yet to be disclosed, but could also include temporary chambers intended for specific and more circumstantial matters. </span></h5> <p><span style="font-weight: 400;">The idea is that these national chambers may unite matters which are subject to consultations and advice provided to public agencies. For this, legal reports will be drafted, as well as precedents and normative orientations. These chambers will also develop standardized models for invitations for proposals for bidding processes, contracts, reference terms, terms of agreement, among other instruments &#8220;inherent to consultancy activities.&#8221;</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68367717"><span style="font-weight: 400;">Ato Regimental nº 1, de 22 de março de 2019</span></a></p> <hr /> <h4><b>Legal consultation in the Ministry of the Economy</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> While the temporary collaboration implemented at the beginning of this year remains in effect, of lawyers of the Federal Government within the structure of the General Counsel of the Federal Treasury (PGFN), the definition of the responsible parties for legal consultations of Planning, Development and Management, of Industry, Foreign Commerce and Services, and Labor Law (resulting from the extinct ministries of each area, now a part of the Ministry of the Economy) will no longer need to follow the PGFN&#8217;s selection rules. For now, appointments for these roles may be carried out for a period of up to three years.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68742788"><span style="font-weight: 400;">Portaria nº 221, de 15 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">MINORITIES AND HUMAN RIGHTS</h2> <h4><b>New rules for Amnesty</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Amnesty Committee now has new internal rules. Today, the committee must be made up of at least 20 members; this number will now fall to 9, with an increase in the participation of members of the Ministry of Defense (two, instead of one) and those who have been granted amnesty (also two, instead of one). Associations of people who have been granted amnesty will have two months to send the Ministry of Human Rights a list of 20 names of potential representatives. Another important change is that now, committee members will have the power to draft conclusive reports, and not simply issue votes. </span></h5> <p><span style="font-weight: 400;">Previously, the task of conclusive reports belonged to the panels, which have now been made extinct, but were previously made up of three committee members. It has put more power into the hands of less people. Furthermore, it is explicit that the decisions of the committee must be sent for a final decision to be made by Minister of Women, Family and Human Rights, Damares Alves.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Requests which have already been submitted, rejected and await appeal will now be examined directly by Ms. Alves. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">It defines what should be specifically contained in compensation requests, such as &#8220;the narrative of events, the methods of proving allegations&#8221; and other specific information, depending on the person&#8217;s role (whether they belong to the military, or are employees of private companies, etc.).</span></li> </ul> <h5><b>Potential loophole:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">In another ordinance published today, the minister names 27 members to the role of committee members, but still following the previous rule of one representative each for the Ministry of Defense and associations of people who have been granted amnesty. As this has changed and the new regulation also foresees a period of 60 days to appoint representatives, it is possible that this list will change and be cut down. Otherwise the new rule would not make sense in defining that the minimum number of committee members is nine, and no longer 20.  </span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68938701"><span style="font-weight: 400;">Portaria nº 376, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Priorities in the penitentiary system</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The government has placed a further BRL 15.9 million for investments (works and procurement of equipment, as well as prisoner monitoring) for federal penitentiaries, which house high-risk criminals. Of the funds that will cover the works and equipment for federal prisons, BRL 14.9 million comes from the budget forecast for actions—by way of agreements between the justice ministry and state governments—which would serve to &#8220;encourage and strengthen disciplinary councils, ombudsmen and community councils; promote the amplification and improvement of punitive alternatives to substitute imprisonment; actions which guarantee the respect and promotion of diversity and the rights of women in the penal system; promotion of the control and social participation in penal policies, stimulating dialogue between society and prisoners.&#8221;</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68938787"><span style="font-weight: 400;">Portaria nº 122, de 27 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">PENSION SYSTEM</h2> <h4><b>Private pensions</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Some rules about private pension plans were altered. For example, in the case of Scheduled PGBLs (Free Benefit Guarantee Plans), scheduled withdrawals are now free from waiting periods, which can extend up to six months. Another change is that plans intended for participants which are not classified as skilled (common people without large wealth) can only make applications in non-skilled investment funds (in other works, with an invested wealth inferior to BRL 1 million).</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The circular of the Private Insurance Oversight Department also includes a &#8220;vaccine&#8221; to impede private pension companies from &#8220;signing any agreement which may affect the independence&#8221; of the activity of managing investment funds due to a conflict of interest.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Previously, in the plans commenced before December 2017, whenever a company closed of a collective pension plan was terminated, the contributions made up to that point by the company on behalf of the employees who, later, did not comply with the vesting clauses to receive the benefits, were then distributed proportionally to the remaining participants and original parties at that time. Now, the distribution in these old contracts must only go to the participants—in other words, specifically to those who hired the benefit.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67752364"><span style="font-weight: 400;">Circular nº 585, de 19 de março de 2019</span></a></p> <hr /> <h4><b>Length of service in rural work</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> As foreseen in Decree 871, the length of service of rural workers and fishermen must be self-declared in order to receive social security benefits. What this recent ordinance does today is to regulate the way in which this self-declaration must take place (via a form available on the INSS site or at INSS branches). </span></h5> <p><span style="font-weight: 400;">Another point defined by the ordinance is that, if there is a divergence in information, the INSS is authorized to request additional documentation.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67561357"><span style="font-weight: 400;">Portaria Conjunta nº 2, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Online settlement</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> A national coordinator may be designated to coordinate all teams of the Federal Prosecution Service around the country responsible for monitoring online cases pending in Special Federal Courts, concerning requests to grant pension benefits for incapacity (or the re-establishment of these benefits). This initiative, implemented in 2015 as a pilot program, was recognized as an efficient initiative in the field of online settlements.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68564449"><span style="font-weight: 400;">Portaria nº 258, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Proof of life in the INSS</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The resolution regulates points already foreseen in Decree 871, from January of this year and commented on by </span><b>Brazil on the Record</b><span style="font-weight: 400;">. This latest resolution published by the INSS specifies the way in which pension beneficiaries must prove that they are still living. Among the highlights, already foreseen in the Decree, are the scheduling of a home visit for those over 80 years old or people with reduced mobility, and the possibility of verifying life by proxy.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68561663"><span style="font-weight: 400;">Resolução nº 677, de 21 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">PUBLIC ADMINISTRATION</h2> <h4><b>Civil-service examinations, a last resort</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">The government established new, stricter rules for carrying out civil-service examinations. They will come into effect as of June 1 this year. In practice, any civil-service examination should be a last resort for the Executive branch. Now, in order to request the opening of the exam, the interested agency must demonstrate that it has not been possible to fill the empty positions with the allocation of public servants employed in other government agencies or with the hiring of outsourced professionals. Among the other obligations which must be observed when requesting the opening of an examination are:</span></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The submission of a report of the staff linked to the agency in the last five years, including estimations of retirements, for each office, for the following five years.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The number of civil servants transferred to other agencies and a report of these transfers over the last five years.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The percentage of digital services offered by the agency at the time of the request.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">An estimation of the budgetary-financial impact for the three years after the alteration (new agency, office, examination) takes effect.</span></li> </ul> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Previously, the government was allowed to nominate candidates who were approved, but who were not invited due to a lack of places, up to the limit of 50% of the original number of vacancies. This limit has now been halves (25%).</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Invitations for applications now must be published four months before the first examination. Previously, this interval was only two months. However, the term may be reduced in specific cases with the permission of the Minister of the Economy.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Civil-service examinations will be valid for two years and may be extended for a further two years, if this is explicitly provided in the invitation for applications and approved by the Minister of the Economy.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">A new code has been created for DAS permanent employees. Currently there is 102 (management) and 102 (advisory). Now there will also be 103, related to the administration of projects. The regulatory structures of government agencies will have to adapt to this and make this identification. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The careers of Federal Government Counsel, Prosecutor of the National Treasury, Federal Prosecutor, diplomat, and Federal Police Officer will still be able to have their examinations directly approved by the General Counsel of the Federal Government, Minister of Foreign Affairs, and Director-General of the Federal Police, respectively. However, the autonomy previously offered to the Office of the Public Defender now no longer exists.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69185023"><span style="font-weight: 400;">Decreto nº 9.739, de 28 de março de 2019</span></a></p> <hr /> <h4><b>Modernization of the government</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The National School of Public Administration created a program which promises to be innovative in training civil servants in strategic areas of government. The Development of Skills for Digital Transformation program will include seven areas. Among them, it is worth highlighting &#8220;High Technology,&#8221; with the objective of &#8220;projecting the government of the future, by way of the application of advanced digital technologies, such as computing on the cloud, social networks, mobile devices, artificial intelligence and new technologies which are yet to appear&#8221;; Data Science, to &#8220;assist decision making through the use of data, by way of statistical techniques and technological solutions,&#8221; and Agile Technology, which intends to &#8220;allow for quick and continuous quality delivery, by way of techniques and methods of agile management of projects and products.&#8221;</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The ordinance does not specify when this program will actually be implemented. In truth it indicates that besides public agencies, private institutions, as well as foreign ones, will be able to make partnerships with the Enap to obtain support for implementation of the program, as well as financial assistance.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Participants of the program will be selected by Enap, along with the Digital Government Department of the Ministry of the Economy. As criteria for this selection, the agencies will take into account the importance of the role performed by the civil servant.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68561572"><span style="font-weight: 400;">Portaria Conjunta nº 6, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Equivalence of offices</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> This ordinance tends to be of interest to civil servants. The Ministry of the Economy set the equivalency tables between permanent roles and awarded offices in the Executive branch and roles and offices in other areas, such as regulatory agencies, federal universities, the Senate, House of Representatives, Judiciary branch, Federal Prosecution Service and state-owned companies. The tables can be consulted at the link below.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68938212"><span style="font-weight: 400;">Portaria nº 121, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Tax-free trips for public servants</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> After a similar decree expired last year, Jair Bolsonaro has decided to issue a new decree to uphold the exemption of four federal taxes (Income Tax, CSLL, PIS and Cofins) on the purchase of airfares made with payment cards of the federal government and directly from airlines (without using travel agents, therefore). A law had established this exemption until December 2017 (all payments made by the federal government for goods or services should directly retain the taxes). Last year, a decree extended this term of exemption until the end of 2022, but it became invalid. Now a new decree has been submitted, without a deadline for the end of the exemption.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The curious thing is that last year&#8217;s decree also foresaw the exemption of tax for the purchase of new equipment for cinemas. This benefit also expired but was not included in the new decree.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68564999"><span style="font-weight: 400;">Medida Provisória nº 877, de 25 de março de 2019</span></a></p> <hr /> <h4><b>Shares for sale</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In another step to reduce the weight of the state on the economy, the government authorized the sale of shares held by Caixa Econômica Federal in Petrobras and other companies in which the bank has equity, without the need for the prior approval of the president—a rule stipulated by ex-president Dilma Rousseff. Now, shares may be sold with the authorization of the Caixa Board of Directors, providing it does not compromise the federal government&#8217;s majority share in Petrobras. Caixa currently holds 2.3% of the owners&#8217; equity of Petrobras, a portion valued at BRL 8.7 billion.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">This decree was expected to be issued in February and was also meant to include the BNDES. The development bank, however, still depends on the authorization of the government to sell its shares in Petrobras. BNDES&#8217; equity in Petrobras is far higher than that of Caixa: 14% of the owners&#8217; equity of Petrobras is currently held by the BNDES.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67958573"><span style="font-weight: 400;">Decreto nº 9.733, de 20 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">SOCIAL PROGRAMS</h2> <h4><b>More funds for early childhood</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The minimum amount to be transferred by the federal government to states and municipalities which adhere to the Early Childhood Program will be 44% higher this year. Last year, each state received at least BRL 590,000. Now, they will receive at least BRL 850,000. The ceiling per state, depending on specific criteria, may reach BRL 2.35 million this year. In 2018, the maximum amount was BRL 1.74 million. Regardless, these funds depend on the financial disposition of the government, implying there could be contingencies throughout the year.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68363851"><span style="font-weight: 400;">Resolução nº 9, de 22 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;"><b>LABOR RELATIONS</b></h2> <h4><b>Union tax</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> As a continuation of the bureaucratic measures to impede trade union tax, this decree formally repeals the provision that trade union dues may be automatically discounted from the salaries of civil servants. In a similar way, the decree also vetoes the consignment (discounting with the express permission of the civil servant) of dues &#8220;for foundations or associations which have the social purpose of representing or providing services to its members.&#8221; Despite this open wording, this point also targets trade unions.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68160026"><span style="font-weight: 400;">Decreto nº 9.735, de 21 de março de 2019</span></a></p> <hr /> <h4><b>Docked pay for strikes</b></h4> <h5><span style="font-weight: 400;"><strong>To the core:</strong> Continuing a project internally called the &#8220;Review of Rules,&#8221; the Ministry of the Economy repealed official letters issued by the Ministry of Finance years before. </span><b>Brazil on the Record </b><span style="font-weight: 400;">was able to find three of the five instruments which have now been repealed. All three determined the docking of pay for the days not worked by public servants taking part in strikes. </span></h5> <p><span style="font-weight: 400;">The orders referred to movements which took place in 1996 and 2000, during the Fernando Henrique Cardoso government. Another repealed order is from 2008, during the Lula government, but the content is unable to be found. </span><br /> <span style="font-weight: 400;">Nothing formally indicates, however, that these days of work will be reimbursed by the government in any way.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68937162"><span style="font-weight: 400;">Portaria nº 2.801, de 26 de março de 2019</span></a></p> <hr /> <h4><b>Registration of trade unions</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Ministry of Justice and Ministry of the Economy will work together until January 2020 on the activities of trade union registration. It is foreseen that the Ministry of Justice will update the rules related to the trade union registration process &#8220;with the potential support of the Ministry of the Economy.&#8221;</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69184622"><span style="font-weight: 400;">Portaria Interministerial nº 1, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">FOOD SAFETY</h2> <h4><b>Additives in meat</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Anvisa approved the introduction of rules approved in December last year by Mercosul related to the permitted additives in meat and related products, and the maximum quantity of each ingredient allowed for each meat product. Among the functions are acidity regulators, antioxidants, flavorings, colorings, preservatives, thickeners, stabilizers and flavor enhancers. </span></h5> <p><span style="font-weight: 400;">It has not yet been possible to carry out a comparative analysis, but the last complete regulation on this topic comes from 1998. The resolution is identical to that which was approved for implementation by other Mercosur countries.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67378977"><span style="font-weight: 400;">Resolução da Diretoria Colegiada RDC nº 271, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Butter security</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Common butter (not to be confused with &#8220;extra&#8221; or &#8220;high quality&#8221; butter) must now have its coliforms analyzed by a different technical criteria. This butter is the result of the whey obtained from the production of milk and cannot be exported. It has some specific conditions. Since 2000, these coliforms in butter were measured by plating, which verifies the number of viable fungi or bacteria. </span></h5> <p><span style="font-weight: 400;">The result is expressed in UFC/g (Colony Forming Units), whereas now this measurement will be substituted by NMP (Most Probable Number), which is considered to be more secure by microbiologists due to being able to detect the presence of bacteria in a more accurate manner. The method used is that of &#8220;multiple tubes.&#8221; As this is a different method, it could provide more work for butter producers to adapt.</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68364132"><span style="font-weight: 400;">Resolução nº 1, de 20 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">TELECOMMUNICATIONS</h2> <h4><b>Telephone numbers</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">After 18 years without being updated, Anatel revamped it rules related to the administration of phone numbers and codes in Brazil. It is a very technical issue, but some points are worth pointing out. </span></h5> <p><span style="font-weight: 400;">One aspect which may create the most controversy is that Anatel will no longer be in charge of the administration of these numbers. In a form of post-privatization, a private &#8220;administrative body&#8221; will be hired by the operators to take care of this management of Brazilian phone numbers. </span><br /> <span style="font-weight: 400;">In theory, Anatel will incur no costs, but it will no longer collect a fee it charged (but rarely paid by the companies) within one and a half years, when the hired company (which must be Brazilian) takes over this responsibility. In the meantime, as a way of earning some money from operators for the maintenance of the system, the reference amount charged to the operators was reduced by 38.7%. Anatel&#8217;s analysis which established the changes includes more details about this.</span></p> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">In general, this is an adaptation of the modernization of the sector in Brazil, mainly with the expansion of mobile telephony services. For instance, now the &#8220;full right&#8221; to transfer numbers is guaranteed, and it is established that people and companies may choose their numbers, based on criteria and values which are applicable in a way that is &#8220;egalitarian, equal and non-discriminating and made public by the provider.&#8221; </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The previous regulation foresaw specific sanctions for operators, with fines of dozens of millions of reais. These specifications have now disappeared from the regulation. They will now be subject to the already existing legislation and specific regulation.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">It is not explicit, but articles which established the codes of public services must be identical for each type of service were repealed. It is unclear what this will mean in practice, but potentially, the number 190 may be used not only to call the police, but also the fire brigade and ambulance service. </span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68938794"><span style="font-weight: 400;">Resolução nº 709, de 27 de março de 2019</span></a></p> <hr /> <h4><b>Clean up at Anatel</b></h4> <p><b>To the core:</b><span style="font-weight: 400;"> The National Telecommunications Agency repealed 170 resolutions published by the agency since 1997 and which, according to Anatel, were &#8220;implicitly repealed&#8221; in recent years or &#8220;lost their efficacy.&#8221; </span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/68744383"><span style="font-weight: 400;">Resolução nº 708, de 26 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">TOURISM</h2> <h4><b>Visas for tourists</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">In an uncommon diplomatic gesture, President Jair Bolsonaro signed a decree unilaterally freeing citizens from Australia, Japan, the United States, and Canada from the requirement to obtain visas to enter Brazil as tourists. With the decree, they may remain in the country for up to six months a year.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67423098"><span style="font-weight: 400;">Decreto nº 9.731, de 16 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">TRANSPARENCY AND CORRUPTION PREVENTION</h2> <h4><b>Criteria for permanent offices</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">President Jair Bolsonaro established a set of objective criteria for the occupation of permanent offices in his government, including those already filled. For high-level roles (DAS 5 and 6 and equivalents), the individual must have prior experience of five years in the field related to the post to be filled, or having occupied a position of trust in any government sphere for at least three years in a mid-level role, or, having a master&#8217;s, Ph.D. or specialization degree in areas related to the position. </span></h5> <p><span style="font-weight: 400;">The requirements follow this same logic for lower levels, but with smaller periods of required experience. The requirement of a &#8220;clean record&#8221; also applies to all cases. </span></p> <h5><b>Potential loophole:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The criteria above, however, may be disregarded on request by the Minister responsible for the agency, by way of a justification that &#8220;demonstrates the convenience in dispensing them on account of peculiarities in the office or a limited number of applicants for the vacancy.&#8221; Only the Minister may carry out this dispensation, without the possibility of delegating the responsibility.</span></li> </ul> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The rules are intended to come into effect for appointments made after May 15. But, after outrage from politicians who saw a window for discriminatory practice, the government relented and decided to include, in a new decree, all permanent employees in the new requirements, even those already appointed by the government. In theory, however, there is a potential process of purging underway, which will end on June 20. Until this date, all of those who do not comply with the rules will be fired.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">As of January 2020, federal agencies will have to maintain their desired professional profile for each permanent position updated according to the criteria set in the decree, and also in a standard still to be defined by the Ministry of the Economy.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Government agencies will also have to disclose, as of January, &#8220;in an organized and open format,&#8221; the resumes of the occupants of each permanent role or position of trust.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67381071"><span style="font-weight: 400;">Decreto n 9.727, de 15 de março de 2019</span></a><span style="font-weight: 400;"> e </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67804648"><span style="font-weight: 400;">Decreto nº 9.732, de 20 de março de 2019</span></a></p> <hr /> <h4><b>SUS grants</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In an ordinance published in an extra edition of the Federal Register last Friday, the Ministry of Health changed the rules for allowing parliamentary grants which put more money into the SUS, to carry out transfers to state or municipal health funds (fund to fund transfers). </span></h5> <p><span style="font-weight: 400;">One potential loophole is that in previous rules, it was directly up to the Ministry of Health to carry out the bidding process and distribution of ambulances controlled by parliamentary grants. Now they must be procured &#8220;by the local administration in question&#8221;—in other words, by the city council or state government. The fraudulent procurement of ambulances by city councils launched the &#8220;bloodsuckers&#8221; corruption scandal of the 2000s.</span></p> <h5><b>Other aspects worth mentioning:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The ordinance of the Ministry of Health also opens space for city councils to purchase ambulances outside of the price record method in force in the health ministry, as long as the &#8220;economic advantage of the acquisition is demonstrated.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The ordinance also changes rules for the approval of projects for the acquisition—with money from parliamentary grants—of minivans, buses and boats for the transportation of patients for elective procedures. The same applies for the acquisition of type A ambulances (the most simple kinds, for transporting patients at risk of death). The main difference is that now it is established that it is up to the Department of Basic Care to approve the project, and that it must have the prior approval by the Bipartite Management Committee at least six months before the submission of the project.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">In the case of type A ambulances, the number of vehicles which can be financed via grants is also doubled, as the acquisition of river ambulances is also included.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67216899"><span style="font-weight: 400;">Portaria nº 395, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Recruitment of &#8220;talents&#8221; for positions of trust</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> In another decree, Jair Bolsonaro established that the National School of Public Administration (Enap), by way of its new board, will now have the power to &#8220;plan, direct, coordinate, orient and evaluate&#8221; the recruitment, selection and training of personnel to occupy permanent positions in government. This board will also have the responsibility of certifying the skills of public servants for carrying out permanent positions (previously they only have the power to train the servants, without certification).</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Two Enap agencies have had their names changed the Department of Continuous Education, Selection, Training and Certification of Skills will now be called the &#8220;Continued Education Department,&#8221; while the Department of Improvement and High Executives will now be called the &#8220;Career Selection and Training Department&#8221;—this agency will carry out the recruitment of personnel for permanent positions.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The decree created the role of General Coordinator of Recruitment, Selection, Training and Certification of Skills.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67381073"><span style="font-weight: 400;">Decreto nº 9.730, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Access to banking secrecy</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The CGU updated the rules for the access of its civil servants and officers to banking secrecy data resulting from investigations carried out by the agency, as well as in leniency agreements. One novelty is that, in requesting the lifting of banking secrecy, the CGU can indicate the suspects, as well as &#8220;potential third-parties of interest to the investigation.&#8221; This could open a precedent for relatives to have their banking secrecy lifted.</span></h5> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Employees classified as Management will now have powers to authorize decisions on lifting banking secrecy, and send these requests to court. This applies to CGU officers and the regional commissioners. Furthermore, they will have the power to begin investigations and authorize other civil servants to access this secret information.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67531880"><span style="font-weight: 400;">Portaria nº 1.129, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Reinforcement for leniency agreements</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> An important change in the processing of leniency agreements. A group which was put together by the AGU ten years ago to work on the recovery of money embezzled from public accounts will now receive reinforcement of 60 federal attorneys. According to the ordinance, they will principally be tasked with reinforcing the work of the federal government in leniency agreements. These new members of the Permanent Group of Proactive Work of the AGU will be selected from people currently posted in the legal consultancy department of the Brazilian Intelligence Agency (Abin), in legal consultancies of ministries and state governments, and the General Consultancy of the Federal Government.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69180814"><span style="font-weight: 400;">Portaria nº 205, de 28 de março de 2019</span></a></p> <hr /> <h4><b>Control of contracts</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Minister of Agriculture decided to repeal an ordinance signed in October last year which created the Conformity Committee of Acquisition Processes for Goods and Services, of Agreements and Similar Instruments. Basically, a group made up of three permanent civil servants which began verifying, in theory, the regularity of contracts, amendments, agreements and other hiring procedures. It was another instrument of control of the ministry, which is now extinct. </span></h5> <p><span style="font-weight: 400;">Among its responsibilities was to decide on the legal viability of hiring or agreements, highlighting, if applicable, the &#8220;inherent risks found.&#8221;</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67531910"><span style="font-weight: 400;">Portaria nº 40, de 15 de março de 2019</span></a></p> <hr /> <h4><b>Investigation into civil servants</b></h4> <h5><span style="font-weight: 400;"><strong>To the core:</strong> The regional commissioners of the CGU now no longer have the power to file inquiries and administrative disciplinary proceedings in the scope of the CGU. Now, this responsibility will be exclusive to the Inspector General of the Federal Government. </span></h5> <p><span style="font-weight: 400;">The exception is for cases in which the targets of the inquiries or proceedings are CGU servants in level 5 posts or higher, or if they relate to a regional commissioner. In these cases, the executive secretary launches the inquiry. The executive secretary will also have the power to trial cases of suspension of over 30 days (which was previously the role of the CGU head minister).</span><br /> <span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67380335&#93;"><span style="font-weight: 400;">Portaria nº 1.125, de 14 de março de 2019</span></a></p> <hr /> <h4><b>Rules for the control of misconduct</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The ordinance established the government structures for the performance of activities of the CGU in the agency&#8217;s Integrity Program, which will involve the &#8220;prevention, detection, punishment and remediation of corruption practices, fraud, irregularities and anti-ethical and misconduct.&#8221; The establishment of these structures, however, is limited to a set of bureaucratic rules, of an essentially internal appeal. There is nothing significant to point out.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67958326"><span style="font-weight: 400;">Portaria nº 1.163, de 20 de março de 2019</span></a></p> <hr /> <h4><b>Transparency in transport departments</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The National Traffic Council repealed a demand created in 2017 which foresaw that the Transport Departments (Detran) around the country must publish lists with the names of all transport agents and officers with the power to apply fines to drivers, as well as copies of the agreements signed between Detrans and military police for the monitoring of traffic. </span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69183523"><span style="font-weight: 400;">Resolução nº 774, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">URBAN DEVELOPMENT</h2> <h4><b>Money for sanitation</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> This rule extends—until May 3—the term for settlements to be made with banks by states and municipalities which have already had loan hiring proposals permitted by the now-extinct Ministry of Cities for the performance of sanitation initiatives. The initial deadline expired on December 14. In other words, since then, proposals must have become invalid, but now they will have extended deadlines. This is good news for states and municipalities which were unable to resolve all requirements made by banks.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/69183027"><span style="font-weight: 400;">Instrução Normativa nº 9, de 28 de março de 2019</span></a></p> <hr /> <h2 style="text-align: center;">VIOLENCE AND CRIMINAL MATTERS</h2> <h4><b>Missing persons</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> President Jair Bolsonaro sanctioned a law which is well-intentioned but unlikely ever to be applied in the near future. The measure involves the creation of the National Policy of Searching for Missing Persons. According to this new law, originally proposed by former representative Duarte Nogueira, the law established an integrated system between the federal government and state governments for the automatic and immediate control of cases of missing persons of all ages. The law also creates a National Registry of Missing Persons. One of the problems is that a similar registry has already been set up by law, in 2009, but it has shown itself to be full of faults. One of the arguments for these problems (it is currently offline and the presentation available via the Ministry of Justice is absolutely precarious) is that this national policy did not exist. The other problem is that the Bolsonaro government is not interested in moving the policy forward. We explain why below:</span></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Despite the law coming into force immediately, it still needs to be regulated in various aspects. But Jair Bolsonaro vetoed an article which set a deadline of 90 days for this regulation, alleging the term harmed the principle of harmony and the separation of powers (the only aspect which will take effect in practice is that children and adolescents under 16 are only allowed to travel unaccompanied to other cities in the country with the court&#8217;s permission. Previously, this applied to those under 12).  </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The day on which the law was approved in the Senate, in February, the government tried to remove the bill from the docket. Government leader Fernando Bezerra Coelho was told to carry out this maneuver, but it was unsuccessful.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">In the sanctioned law, any person &#8220;whose whereabouts are unknown&#8221; is regarded as a missing person. This applies &#8220;until their recovery and identification is confirmed by physical or scientific methods.&#8221; In other words, this includes the discovery of mortal remains and skeletons. This applies to missing persons from the military dictatorship who had their characteristics described in the national registry. As this is a law which would bring to light several cases from the dictatorship, a matter very dear to Jair Bolsonaro, it is likely that the regulation will take some time.</span></li> </ul> <h5><b>Other aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The law foresees that investigations should continue until the person is effectively found. In other words, investigations can never be terminated or shelved until the person in question is encountered, dead or alive.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Hospitals and clinics, even private clinics, must report to the authorities in the case of registries of people without the due identification on their premises.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Searches could be carried out &#8220;preferably by specialized investigation agencies,&#8221; which opens up the possibility of the federal government creating such an agency.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The new National Registry of Missing People, when created, must have a public access version with information about the physical characteristics of the persons, photos and any other useful information. Another part will be confidential, restricted to public security authorities.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The government will make agreements with TV and radio stations to broadcast &#8220;emergency alerts&#8221; about the disappearance of children and teenagers, but only in cases where there &#8220;is enough information to identify and locate the missing child or adolescent of the suspect&#8221;.</span></li> </ul> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67423096"><span style="font-weight: 400;">Lei nº 13.812, de 16 de março de 2019</span></a></p> <hr /> <h4><b>Copa America 2019</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> It establishes that the Department of Integrated Operations of the Ministry of Justice will be responsible for coordinating the activities related to hosting the 2019 Copa America soccer tournament, with the centralization of information about creating action plans for the event security, and the monitoring and execution of this plan.</span></h5> <p><span style="font-weight: 400;">Source: </span><a href="http://www.in.gov.br/materia/-/asset_publisher/Kujrw0TZC2Mb/content/id/67378983"><span style="font-weight: 400;">Portaria nº 245, de 15 de março de 2019</span></a><br />

Read the full story NOW!

BY The Brazilian Report

We are an in-depth content platform about Brazil, made by Brazilians and destined to foreign audiences.