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Sanitary standards of poultry

To the core: An ordinance established apparently important changes in the method of controlling the slaughter and preparation of chickens for sale. For instance, tanks used to cool the chickens via immersion in cold water after the removal of organs previously had to be cleaned and disinfected at the end of every working day (every 8 hours) or “when
necessary, as judged by Federal Inspectors.&#8221; </span></h5> <p><span style="font-weight: 400;">Now the rule states they must be cleaned &#8220;at least in the intervals dedicated to pre-work hygiene&#8221;—in other words, before the start of work.</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The Agriculture Ministry eliminated the obligation that establishments without rendering equipment (collecting and recycling waste animal parts) would have to install a cremation furnace to incinerate carcasses rejected by inspection.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The requirement for special attention to the conveyor belt of meat and offal was also removed. By current rules, these conveyor belts must have a &#8220;continuous cleaning system, preferentially using lukewarm water&#8221; whenever they are used.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The ordinance removed the table establishing how many &#8220;Inspection Line&#8221; workers each abattoir should have, taking into account the number of chickens slaughtered per hour. In theory, companies are now free to select however many employees as they like for this role.</span></li> </ul> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Portaria nº 74, de 7 de maio de 2019</span></a></p> <hr /> <h4><b>Mullet fishing</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Mullet season is about to begin in the south of the country, particularly in Santa Catarina. And the government decided to overlook the breach of 154 percent of the maximum fishing allowances permitted last year. By last year&#8217;s rules, going beyond the established limits would result in compensation on the maximum levels for this year. By this logic, mullet fishing shouldn&#8217;t even be allowed this year, as the sector had feared. However, fishing will be allowed, though it will be more restricted. </span></h5> <p><span style="font-weight: 400;">Fishing is allowed between June 1 and July 31, of a total of 1,592 tons of fish by 32 companies/boats. In 2018, 2,221 tons were permitted for 50 companies. Another important restriction is that now this level applies to the entire South and Southeast region. Previously, boats outside of Santa Catarina did not have to adhere to this limit. The maximum limit is also inapplicable to artisanal fishermen.</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">To avoid a repeat of last year&#8217;s overfishing, it was established that whenever a company surpasses its individual limit by 20 percent, it will be unable to obtain fishing licenses for two years.</span></li> </ul> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Instrução Normativa nº 8, de 8 de maio de 2019</span></a><span style="font-weight: 400;"> and </span><a href=""><span style="font-weight: 400;">Instrução Normativa nº 9, de 8 de maio de 2019</span></a></p> <hr /> <h4><b>Family farming</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Family farming operations will now have another six months to renew their right to use the National Family Agriculture Seal on their products. If they do not renew this, according to the Agriculture Ministry&#8217;s rules, they will be unable to use the seal.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 46, de 9 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">AVIATION</h2> <h4><b>In-flight meals</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The supply of fuel, lubricants and other merchandise for foreign or Brazilian ships or planes for international transport is no longer considered as exports for tax or exchange purposes. This includes kerosene used in fuelling planes, but also the food served on airplanes and ships destined for other countries.</span></h5> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Portaria nº 11, de 7 de maio de 2019</span></a></p> <hr /> <h4><b>Security in airports</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> All government agents, even tax inspectors, police officers and members of the Armed Forces, will have to undergo x-ray inspections to access restricted areas in airports. Even those who work regularly in airports must undergo these inspections. There are some caveats, however, which serve as a compromise in relation to what tax authority employees has demanded. </span></h5> <p><span style="font-weight: 400;">The main one is that this inspection will occur randomly. So, the obligation exists, but public servants will be spared from inspection most of the time. Random inspections will apply to all, including police and members of the military. In the case of an agent refusing to undergo the inspection, fines may be applied and they may &#8220;lose the prerogative to be inspected randomly, being subject to the same security inspection procedure for other people and passengers.&#8221;</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Access points to restricted areas must have security cameras (with footage saved for at least 30 days), individual access controls, and biometric identification.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">In the case of vehicle access, every car must be inspected, and all other people accompanying the public servant must be identified. The inspection is to verify whether there are any hidden and unauthorized people. The complete inspection follows the logic of random inspection.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Previously, the definition of higher threat levels, which result in stricter security measures to be applied in the airport as a whole, were set by the Federal Police and the National Civil Aviation Agency. Now, this contact should also be made with airport administrators and the Brazilian intelligence agency.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">For regular citizens, there are also changes. There is no longer a specific rule to remove laptops from hand luggage when passing through x-ray inspections. But it is unclear whether the rule will actually be changed, as passengers must follow the recommendations of airport agents at the time of the inspection, and nothing is getting in the way of them demanding the removal of computers.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">&#8220;Body scanner&#8221; inspections were included among the procedures to be adopted during the x-ray, adding to the traditional metal detector, manual metal detectors, and physical searches. Regarding physical searches, they must now take place in public locations. However, on request of the person to be searched, they may be carried out in a private room in the presence of a witness. Previously, there was no provision for physical searches in public places.</span></li> </ul> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Resolução nº 515, de 8 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">BANKS AND FINANCIAL SYSTEM</h2> <h4 style="text-align: left;"><b>Cryptocurrency</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The Federal Revenue Service will start demanding declarations of anyone transferring cryptocurrencies such as bitcoin and others. As of September 30, whenever the volume of cryptocurrency transfers surpasses BRL 30,000 in one month, individuals and companies will have to provide detailed information to the tax authorities about each purchase and sale operation. </span></h5> <p><span style="font-weight: 400;">The information must refer to the previous month, meaning that the first declaration will account for transactions in August. The digital platforms used for these transactions (the so-called cryptocurrency exchanges, such as Mercado Bitcoin) will have to provide even more detailed information. </span></p> <p><span style="font-weight: 400;">Companies based in Brazil must submit yearly details of every user of their services, including the balance of each type of cryptocurrency, among other data.</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">If the information is not declared in time, a fine will be established of BRL 100 per month for individuals and BRL 1,500 for legal entities (with the exception of recently opened companies, those adopting the Simples tax regime, and those which have declared corporate income tax based on presumed profit, which will pay BRL 500). In the case of incomplete, incorrect or imprecise information, or the omission of data, the fine will be 3 percent of the amount of each operation for companies and 1.5 percent for individuals. If the company uses the Simples Nacional tax regime, the fine is decreased by 70 percent. If the error is corrected before a notice from the tax authorities, the penalty is not applied.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Besides the fine, the Federal Revenue Service may inform the Federal Prosecution Service in cases of money laundering suspicions.</span></li> </ul> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Instrução Normativa nº 1.888, de 3 de maio de 2019</span></a></p> <hr /> <h4><b>Collection of federal debt</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Foreclosures on outstanding federal tax liabilities will be suspended for debts &#8220;considered irrecoverable or unlikely to be recovered.&#8221; Previously, the definition of this withdrawal was more objective: suspension could only occur in cases of debts below BRL 1 million and without any guarantees considered useful by the government.</span></h5> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The government will include debtors of the FGTS, and no longer only those from unpaid federal tax liabilities, on the so-called Special Regime of Credit Collection, which involves court measures to &#8220;provide efficiency to the recovery of recorded credits.&#8221;</span></li> </ul> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Portaria nº 422, de 6 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">BUSINESS AND INVESTMENTS</h2> <h4><b>Insurers</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> A new structure of the Private Insurance Commissioner was established, representing something of a reboot in the agency responsible for overseeing insurers. Management is now centralized in the Management Board, made up of the commissioner and four officers. Before this ordinance, the agency was run by specific departments, such as Conduct Supervision, and Organization of Private Insurance Systems. Four departments will still exist, but their names are open to be defined.</span></h5> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Decreto nº 9.783, de 7 de maio de 2019</span></a></p> <hr /> <h4><b>Authorization for foreign companies</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> It will be up to Economy Minister Paulo Guedes to authorize the operation of foreign companies in the country, and he may also decide to suspend authorizations. Since the beginning of the Michel Temer government, in 2016, this power belonged to the Chief of Staff. However, despite transferring this responsibility to the Economy Ministry, in practice, the agency which will oversee the process is the National Department of Corporate Registration and Integration, subordinate to Paulo Guedes. The decree allows the minister to delegate this power to the head of this agency.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Decreto nº 9.787, de 8 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">CORRUPTION</h2> <h4 style="text-align: left;"><b>Empowering the Solicitor General&#8217;s Office</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Amid controversy regarding investigations of the money laundering enforcement agency (Coaf) and the tax authorities, the Solicitor General&#8217;s Office (AGU) established this week that its team dedicated to filing actions of misconduct in office (created in 2016) would not be limited to remitting these cases to courts or requesting the freezing of assets. The team has now been granted the power to request the lifting of bank, tax, telephone and data secrecy, as well as demanding the sharing of evidence. Also, monthly reports that the team is currently required to submit, including all legal and out of court activities carried out in the period, will not need to include actions of lifting secrecy, if it could compromise investigations. This is all to provide grounds for potential misconduct in office cases, even against people from outside government, providing federal money is involved.</span></h5> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The AGU also established that the agency may file misconduct cases based on documents and information obtained via leniency agreements signed in partnership with the Federal Controller General (CGU). To this effect, another ordinance published this week also defines that the prerogative of filing cases of this type based on leniency agreements will be exclusively up to the AGU.</span></li> </ul> <p><b>Source:</b> <span style="font-weight: 400;"> </span><a href=""><span style="font-weight: 400;">Portaria nº 399, de 29 de abril de 2019</span></a><span style="font-weight: 400;"> and </span><a href=""><span style="font-weight: 400;">Portaria nº 401, de 30 de abril de 2019</span></a></p> <hr /> <h4 style="text-align: left;"><b>Federal Police v. Federal Prosecutors</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Last week, we noted that the ordinance signed by Justice Minister Sergio Moro extending the Federal Police&#8217;s powers in the receipt of information from international cooperation agreements could have been a way to circumvent the Federal Prosecution Service (MPF) in the case of requests involving police investigations. Well, this didn&#8217;t last long. Sergio Moro signed another ordinance this week, repositioning the MPF as the central agent in this process. The new wording makes it clear that the processing of legal cooperation requests between the Department of Assets Recovery and International Legal Cooperation, the National Justice Department, and the Federal Police, will occur &#8220;without prejudice to the responsibilities of the Federal Prosecution Service.&#8221;</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 514, de 6 de maio de 2019</span><b> </b></a></p> <hr /> <h2 style="text-align: center;"><b></b>DEFENSE AND FOREIGN POLICY</h2> <h4><b>Muzzle on the defense industry</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> This promotes a change to the regulation of the Industry of Defense in Brazil (IMBEL), linked to the Ministry of Defense. Perhaps the most notable alteration is the censorship law within the company, with employees forbidden from publishing social media posts criticizing the institution, under penalty of dismissal.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Resolução nº 3, de 14 de fevereiro de 2019</span><b> </b></a></p> <hr /> <h2 style="text-align: center;">HOUSING</h2> <h4><b>Minha Casa, Minha Vida</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Not all houses from the Minha Casa, Minha Vida (My House, My Life) program were built by civil construction companies. A part of them, especially those in small towns, were raised by individuals. The government had established that, until the end of last year, these houses could be financed with funds from the Guarantee Fund for Length of Service (FGTS), obeying some requirements. Now, this term has been extended until November 30 this year. Another change is that besides having construction permits up to June 30, 2017, these properties will also need an occupancy permit &#8220;or equivalent document&#8221; valid up to November 30, 2018. </span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 1.153, de 6 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">HUMAN RIGHTS</h2> <h4><b>Child Protective Services</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">In the same week they were given the right to carry guns, child protective service administrators were directly benefited by the sanctioning of a law allowing them to be re-elected to administrative boards as many times as they like. Before, they were only allowed one re-election. By law, each municipality in Brazil must have at least one child protection board, made up of five members elected by the community. In large cities, the number is much higher. </span></h5> <p><span style="font-weight: 400;">The law allowing unlimited re-elections was an initiative of Rep. Sóstenes Cavalcante. The justification is that the measure may benefit the best-rated boards, avoiding changes in management. As hell is full of good intentions, it is worth remembering that this measure also allows for establishing fiefdoms. It is also worth recalling that Mr. Cavalcante is very close indeed to pastor Silas Malafaia, the leader of the Assembleia de Deus pentecostal church. </span></p> <p><span style="font-weight: 400;">These church leaders often appoint representatives to these board positions.</span></p> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Lei nº 13.824, de 9 de maio de 2019</span><b> </b></a></p> <hr /> <h2 style="text-align: center;">INFRASTRUCTURE AND LOGISTICS</h2> <h4><b>More offers for private sector</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> This provisional measure issued by Jair Bolsonaro contains three axes of changes. The most important of which is to the structure and rules of the Investment Partnership Program (PPI)—the branch of concessions and works in partnership with the private sector. &#8220;Engineering works and services of strategic interest&#8221; will now be a part of the PPT, meaning they may be awarded to the private sector. </span></h5> <p><span style="font-weight: 400;">Previously, the 2016 law which created the program involved only &#8220;public infrastructure ventures&#8221; and &#8220;other measures of the National Privatizations Program&#8221; (basically, privatization of state-owned companies). The concept of &#8220;strategic interest&#8221; is a broad one. Therefore, these works and services will be established by decree. This provisional decree suggests the bulk will be in the transport sector. </span></p> <p><span style="font-weight: 400;">Among the new responsibilities of the PPI board are &#8220;to propose measures to provide the integration of air, water, and land transport and harmonize sectoral policies;&#8221; &#8220;approve, according to regional characteristics, policies for the provision of transport services to the most remote or less accessible parts of the country and submit specific measures to this end to the President;&#8221; &#8220;periodic revision of the transport networks that make up the various regions of the country,&#8221; and &#8220;reformulations of the National Transport System.&#8221;</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Amid the tension generated by the government wing linked to Olavo de Carvalho, the PPI board will be presided over by the Government Secretary, General Santos Cruz. More important still, in cases of &#8220;urgency and relevant interest,&#8221; the general so despised by Olavo de Carvalho will be able to deliberate, along with the corresponding cabinet minister, without needing to consult the board. Previously, it was up to the president to preside over the meetings and make the casting vote when necessary. The provision for the president to lead the meetings of which he is a part remains, but his prerogative of having the casting vote is no longer in the rule.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The provisional decree allows the Brazilian Development Bank (BNDES) to be hired directly by government agencies for specialized technical services in the structuring of PPI contracts and privatization measures. The bank may be paid in fixed or variable installments, &#8220;linked to the success of the partnership&#8217;s bidding process,&#8221; or a combination of both. In the case of a variable payment, it may be paid by the winner of the bidding process. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">In order to perform these services, the BNDES may hire &#8220;highly specialized&#8221; outsourced personnel, selected in a dispute &#8220;preferably&#8221; held by the best skills and price. To hire these services, the BNDES will adopt a system of &#8220;collation,&#8221; involving a more dynamic analysis of proposals, unlike a normal bidding process. Consortiums of companies or specialists may be hired, and subcontracting is also possible, providing the subcontractors prove their skills and are approved by the BNDES.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The National Department of Transport Infrastructure (DNIT) will also take charge of port facilities and one of its responsibilities will be to &#8220;project, monitor and perform, directly or indirectly, engineering works and services in organized ports.&#8221; </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The National Traffic Board (Contran) will no longer have the power of analyzing appeals against decisions from lower courts in the National Traffic System.</span></li> </ul> <h5><b>Potential loopholes:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">All drafts of invitations for bids and PPI contracts will have to first be approved by public consultation or hearing. In the case of a public hearing, it will be up to the PPI board to set the venue for the event. While this opens up a more explicit form of social control, the wording leaves open the possibility of not holding public hearings, as the publishing of the text for public consultation will already technically be sufficient.</span></li> </ul> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Medida Provisória nº 882, de 3 de maio de 2019</span></a><a style="font-size: 1.7em; font-weight: 400;" href=""> </a></p> <hr /> <h4><b>Cabotage v. truck drivers</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Foreign ships licensed for cabotage (transportation from one port to another, by the coast) recovered the benefit of complete suspension of tax on importation given in cases of &#8220;temporary admission,&#8221; when imported goods (in this case, the ships themselves) remain in the country for a given period. The same rule applies to aircraft of foreign airlines. </span></h5> <p><span style="font-weight: 400;">The return to the old rule occurs one month after a Normative Instruction had suspended the benefit. This comes as bad news for truck drivers. Newspaper Folha de S. Paulo reported at the weekend that companies are circumventing reference price tables by using cabotage services, which will now once again enjoy tax breaks.</span></p> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Instrução Normativa nº 1.887, de 3 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">LABOR</h2> <h4><b>Employment</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Made extinct in Jair Bolsonaro&#8217;s cabinet reshuffle, the Ministry of Labor was transformed into the Special Labor Department, under the Economy Ministry. This secretary has now extinguished 79 regional labor agencies, most of them in São Paulo and Rio de Janeiro. One regional department was also scrapped, in Cachoeira do Sul, in Rio Grande do Sul. Meanwhile, 17 regional departments were relegated to the level of agencies, becoming smaller as a result. Four of them are located in the city of São Paulo (those of the east, west, north, and south zones). Two agencies were turned into regional departments.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 415, de 23 de abril de 2019</span><b> </b></a></p> <hr /> <h2 style="text-align: center;">MINING AND ENERGY</h2> <h4><b>Energy auction</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> The rules for Aneel&#8217;s A-6 New Energy auction have been announced. It will be held on September 26. At the beginning of April, the rules for the A-4 auction were released. The main differences in relation to last year&#8217;s auction is that now, hydroelectric generation projects with an installed capacity of above 50 MW may not take part in the auction. Last year, there was no established limit. Solar power undertakings, and not only wind power projects, may obtain 20-year supply contracts. The 25-year contracts for coal-fired thermoelectric plants must only use Brazilian coal.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 222, de 6 de maio de 2019</span></a><a style="font-size: 1.7em; font-weight: 400;" href=""> </a></p> <hr /> <h4><b>Mariana disaster</b></h4> <h5><b>To the core:</b><span style="font-weight: 400;"> Ibama has established that, in order to include items on the agenda of the Inter-Federative Board in charge of monitoring and inspecting compliance with the terms of the consent decree related to the collapse of the Fundão dam in Mariana, Minas Gerais, a minimum period of 5 days must be observed before the publication of the agenda (which takes place 20 days before the meeting).</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria nº 1.616, de 9 de maio de 2019</span></a></p> <hr /> <h4><b>Itaipu royalties</b></h4> <p><b>To the core:</b><span style="font-weight: 400;"> As a way of compensating the town of Guaira, on the border of Paraná with Paraguay, president Jair Bolsonaro sanctioned a law proposed by cabinet minister Osmar Serraglio, guaranteeing a higher volume of royalties for the municipality in comparison with others affected by the Itaipu Hydroelectric Dam. Guaira once had the tourist attraction of Sete Quedas, which were flooded by the water reservoir in the 1980s. The waterfalls of Sete Quedas had twice the volume of water as Niagara Falls. Now, Guaira will have the right to receive 8 percent of royalties received by the Brazilian government; previously, it gained 1.5 percent.</span></p> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Lei nº 13.823, de 9 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">PENSIONS AND SOCIAL SECURITY</h2> <h4><b>Social Security data</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">The Ministry of the Economy, alongside the Social Security Institute (INSS) and National Commissioner of Supplementary Pensions (Previc), repealed an ordinance from 2014 which regulated the signing of agreements and contracts to share data from the records of the now extinct Ministry of Social Security, INSS, and the Previc. It is a long ordinance. As it was repealed in its entirety, it could be because of more recent regulations on the sharing of data coming into force. It is unclear what is the practical effect of this measure.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Portaria Interministerial nº 206, de 3 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">PUBLIC ADMINISTRATION</h2> <h4><b>Transparency in the Sistema S</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Organizations of the Sistema S will have to obey the Access to Information Law. Until now, these entities were considered as private non-profit organizations, but now they have the obligations of any government agency, but always regarding the funding received from the federal government. Sebrae, Sesi, Senai, and other organizations will have to disclose &#8220;information of collective or general interest produced or held by the agency&#8221; on their websites. </span></h5> <p><span style="font-weight: 400;">This includes transfers of financial resources, budget performance, bidding processes, contracts, performance records, and the remuneration of employees. It is unclear, however, how this separation will be made between own resources and the funds transferred by the government.</span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">The breakdown of financial and budgetary performance on behalf of the government, which is one of the requirements of the Access to Information Law for any government agency, will be analyzed by Economy Ministry and the Federal Controller General to define what will be the &#8220;minimum detail required&#8221; for these statements. This, it is important to mention, does not only refer to the Sistema S, but all transparency departments of government agencies.</span></li> </ul> <h5><b>Some context:</b><span style="font-weight: 400;"> Organizations of the Sistema S, linked to industry, have undergone a process of decline under the Bolsonaro government, mainly due to pressure from Economy Minister Paulo Guedes. He supports the government taking charge of these organizations, as was shown by a recent article in the Folha de S. Paulo. Turning the spotlight onto the coffers of these institutions is another step toward exposing potential administration problems and setting the foundations for a government &#8220;intervention.&#8221;</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Decreto nº 9.781, de 3 de maio de 2019</span></a><a style="font-size: 1.7em; font-weight: 400;" href=""> </a></p> <hr /> <h4><b>Public consortiums</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">President Jair Bolsonaro sanctioned two laws which are a part of the measures submitted by Renan Calheiros when he presided over the Senate in 2015, entitled Agenda Brazil 2015. It was an attempt to mitigate the economic crisis and paralysis of the Dilma Rousseff government. The changes sanctioned this week concern legal aspects related to public consortiums. It is now explicit in the law that fiscal propriety requirements, for instance, must be demanded of the public consortium and not of the municipalities which are part of the consortium. The other change is that public consortiums must hire personnel subject to the Consolidation of Labor Laws (CLT), and not as statutory personnel.</span></h5> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Lei nº 13.821, de 3 de maio de 2019</span></a><span style="font-weight: 400;"> and </span><a href=""><span style="font-weight: 400;">Lei nº 13.822, de 3 de maio de 2019</span></a><a style="font-size: 1.7em; font-weight: 400;" href=""> </a></p> <hr /> <h4><b>The purge continues</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Almost one month ago, during celebrations for the first 100 days of his government, Jair Bolsonaro signed a decree announcing the imminent extinction of several government boards and agencies. This week, he issued a decree definitively terminating dozens of them, Among them are groups responsible for the management and execution of programs such as Science Without Borders, Live Without Limits (National Plan of Rights of People With Disabilities), Brazil Without Poverty, and even the Accelerated Growth Program (PAC). These programs have now been left to perish. Some 37 agencies were scrapped in total.</span></h5> <p><b>Source:</b><b>  </b><a href=""><span style="font-weight: 400;">Decreto nº 9.784, de 7 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">PUBLIC SECURITY</h2> <h4><b>Bolsonaro&#8217;s firearm decree</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">Potentially as a way of avoiding future controversy, the government announced its reformulation of the gun control decree as if the major change was the permission for collectors and hunters to travel with loaded firearms when in transit to training or competitions. In fact, this is a far broader decree than the one published in January. President Jair Bolsonaro has now considerably loosened rules on the right to carry firearms in the country, to the point of opening up the possibility of several professions—not included in this decree—to go to court claiming equal protection of laws.</span></h5> <p><span style="font-weight: 400;">As of today, truck drivers, residents of rural areas, lawyers, city councilors, representatives, and even journalists may carry guns all across Brazil, providing they fulfill the basic requirements for the right to possess firearms: being over 25, making a self-declaration of their &#8220;effective need&#8221; to own a gun (which is now a mere formality that is practically impossible to be contested), passing a firearm training course, and passing a psychological aptitude test. </span></p> <p><span style="font-weight: 400;">Applicants must also not be answering any criminal investigation or case and must have a clean criminal record. Even so, if the person has been convicted in the past for a crime in a different state to the one he/she resides currently, they will still be allowed to possess firearms.  </span></p> <h5><b>Other important aspects to bear in mind:</b></h5> <ul> <li style="font-weight: 400;"><span style="font-weight: 400;">Any request (either for licenses to purchase firearms or carry permits) must be dealt with by the Federal Police or Army within up to 60 days after the application is filed. If the request is not analyzed in time, it will be tacitly granted, but can be refused at a later date. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The decree also ends Taurus&#8217; monopoly over the Brazilian gun market. Now, weapons, munitions and other products controlled by the Army which are manufactured in Brazil, with similar characteristics, will no longer have their import denied or restricted. Furthermore, now military and civil police, the Federal Police, the Brazilian Intelligence Agency (Abin), the National Penitentiary Department, among other security agencies, will have all imports of defense products cleared. Previously, this power was reserved for the Armed Forces.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">The owner of a firearm permitted for use may purchase up to 5,000 units of ammunition per year (13 per day, on average) for each weapon registered in their name. For collectors, this limit does not apply. The limit of four firearms per person will remain in force. </span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Training for future massacres: now minors simply require the authorization of one of their legal guardians to be able to practice shooting at specialized gun clubs. Previously, this was only permitted by way of a legal authorization.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">To acquire a permitted use firearm, an individual will no longer need to periodically prove the inexistence of criminal investigations or cases in their name. However, if they are answering a case or inquiry for a voluntary crime, their ownership and carry permits will be suspended. In this case, the person will have to hand over the firearm to the police, in exchange for compensation of an amount to be established by the Ministry of Justice, or transfer the weapon to a third party (a friend, perhaps?). If the investigation or case has the use of the firearm in legitimate defense or &#8220;in a state of necessity,&#8221; it will not be canceled.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">January&#8217;s decree, issued by Sergio Moro, foresaw that the declaration of effective need would be assumed as accurate, but that the veracity of the declaration would be &#8220;examined by the Federal Police under the terms of this article.&#8221; Now, there is no provision for these declarations to be examined by the police—everything comes under &#8220;effective need.&#8221;</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Collectors, shooters, and hunters will have access to restricted-use firearms, providing they meet the requirements, which, in turn, should be reviewed every ten years. Another change to benefit these groups is that whenever they file requests to renew licenses, the provisory renewal will be automatically guaranteed until the application is analyzed.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Shooting instructors and psychologists licensed to apply the psychological aptitude exam must be registered with the Federal Police. The rules referring to the registration of instructors and psychologists are yet to be established by the director-general of the Federal Police.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Whoever purchases a firearm, ammunition, or accessories must inform the Federal Police or Army within 48 hours, reporting where they bought the material and where the weapon, ammunition or accessory will be stored.</span></li> <li style="font-weight: 400;"><span style="font-weight: 400;">Information will be shared between the databases of the Army and Federal Police and the National System of Public Security Information. The rules of how this data sharing will take place, however, will be established in a joint effort between the Federal Police and Army, within one year.</span></li> </ul> <p><b>Source:</b> <a href=""><span style="font-weight: 400;">Decreto nº 9.785, de 7 de maio de 2019</span></a></p> <hr /> <h2 style="text-align: center;">SPORTS</h2> <h4><b>Copa América</b></h4> <h5><b>To the core: </b><span style="font-weight: 400;">At a much lower level than the efforts involved in holding the 2014 World Cup, only now, just over a month before the beginning of the Copa América in Brazil, government agencies have begun mobilizing to organize the event. A decree this week established that 13 government agencies will have 30 days to send the Chief of Staff its plans for the actions they will take in the scope of their respective areas. The list goes from the Ministry of Women, Family and Human Rights, to the Ministry of the Economy. The Copa América kicks off on June 14.</span></h5> <p><b>Source:</b> <span style="font-weight: 400;"><a href="">Decreto nº 9.786, de 8 de maio de 2019 </a></span></p> <p>

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