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Document Information:
- Year: 2014
- Country: Brazil
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: CSO Framework Legislation,CSO/Government Cooperation
The Presidency of the Republic
Casa Civil
Sub-Chief of Legal Affairs
LAW No. 13.019. OF JULY 31, 2014.
Veto message Establishes the legal framework for
partnerships between public
administrationand civil society organizations,
under mutual cooperation, in order to attain
public and mutual interest purposes, through
implementing activities or projects previously
established in work plans part of the Term of
collaboration, Term of fostering or cooperation
Agreement; sets the guidelines for fostering,
collaboration and cooperation policies with
civil society organizations; and amends Law
nos. 8.429 of June 2, 1992, and 9.790 of
March 23, 1999. (Wording amended by Law
no. 13.204, of 2015 )
(In Effect)
THE PRESIDENT OF THE REPUBLICMakes public that the National Congress decrees and I
sanction the followingLaw:
1stArt. This law establishes general regulations fo r partnerships between public administration
and civil society, undermutual cooperation, in orde r to attain public and mutual interest
purposes, through implementing activities or projec ts previously established in work plans part
ofTerms of collaboration, Terms of fostering or Coo peration Agreements
. (Wording amended by
Law no. 13.204, of 2015 )
CHAPTER I
PRELIMINARY PROVISIONS
2nd Art. For the purposes of this Law, the following is considered:
I – civil society organization:
(Wording amended by Law no. 13.204, of 2015 )
a) a non-profit private entity that does not distribut e any results, remains, operational,
gross or net surplus, dividends, waivers of any nat ure, shares or portions of its assets,
earned through the exercise of their activities, an d that implement them in full pursuit of
its corporate purpose, immediately or through the e stablishment of an endowment or
reserve fund among its shareholders or partners, di rectors, officers, employees, donors
or third parties;
(Included by Law no. 13.204 of 2015)
b) the cooperative societies under the Law No. 9.867 of November 10, 1999; integrated
by people at risk or personal or social vulnerabili ty; those reached through programs
and actions to fight poverty and generate employmen t and income; focused on the
development, education and training of rural labore rs or training of technical assistance
and rural extension agents; and those trained to ca rry out activities or projects of public
interest and of a social nature.
(Included by Law no. 13.204 of 2015)
c) religious organizations that engage in activities o r projects that are in the public interest
and of a social nature that is distinct from those aimed at exclusively religious
purposes;
(Included by Law no. 13.204 of 2015)
II – public administration: Federal, State, the Federal District, municipalities and their respective
authorities, foundations, public enterprises and jo int stock companies providing public service
and their subsidiaries, achieved through the provis ions in §9th art. 37 of the Brazilian
Constitution; (
Wordingamended by Law no. 13.204 of 2015 )
III – partnership: a set of rights, responsibilitie s and obligations of a legal relationship formally
established between the public administration and c ivil society organizations in a mutually
supportive basis for the purposes of attaining publ ic and mutual interests, through the
implementation of an activity or project expressed in cooperation agreements, fostering
agreements or cooperation agreements; (
Wordingamended by Law no. 13.204 of 2015)
III-A – activity: a set of operations that take pla ce continuously or permanently, which results in a
product or service needed to satisfy interests shar ed by the public administration and a civil
society organization; (
Included by Law no. 13.204 of 2015)
III-B – project: a set of operations, within a limi ted amount of time, that result in a product geared
towards meeting the interests shared by the public administration and a civil society
organization; (
Included by Law no. 13.204 of 2015)
IV – director: a person who has powers of administr ation, management and control of a civil
society organization, empowered to sign a Term of c ollaboration, Term of fostering or
cooperation agreement with the public administratio n for the purposes of attaining public and
mutual interest, although such powers may be delega ted to third parties;
(
Wordingamended by Law no. 13.204 of 2015)
V – public administrator: a public official vested with the authority to sign collaboration, fostering
or cooperation agreements with civil society organi zations for the purposes of attaining public
and mutual interest, although such powers may be de legated to third parties;
(
Wordingamended by Law no. 13.204 of 2015)
VI – manager: a public agent responsible for managi ng partnerships through a Term of
collaboration or Term of fostering, designated by p ublic act published in official communications,
with control and inspection powers; (
Wordingamended by Law no. 13.204 of 2015)
VII –Term of collaboration agreement: instrument th rough which partnerships established by the
public administration with civil society organizati ons for the purpose of attaining public interest
and reciprocal proposals by the public administrati on involving the transfer of financial
resources are formalized; (
Wordingamended by Law no. 13.204 of 2015)
VIII –Term of fostering: instrument through which p artnerships established by the public
administration with civil society organizations for the purposes of attaining public interest and
reciprocal proposals by civil society are formalize d, involving the transfer of financial resources;
(
Wordingamended by Law no. 13.204 of 2015)
VIII-A – Cooperation agreement: instrument through which partnerships established by the
public administration with civil society organizati ons for the purposes of attaining public and
mutual interest that do not involve the transfer of financial resources are formalized;
(
Included by Law no. 13.204 of 2015)
IX – public policy board: a body established by the public administration to serve in an advisory
role within its area of expertise in the formulatio n, implementation, tracking and monitoring and
evaluation of public policies;
X – selection committee: a collective body designed to process and adjudicate public calls,
constituted by an public act published in official communications, assuring the participation of at
least one public employee in any office or permanent employment from the staff of public
administration; (
Wordingamended by Law no. 13.204 of 2015)
XI – monitoring and evaluation committee: a collect ive body designed to monitor and evaluate
the partnerships entered into with civil society th rough a collaboration or fostering agreement,
constituted by an public act published in official communications, assuring the participation of at
least one public employee in an effective post or p ermanent employment from the staff of public
administration; (
Wordingamended by Law no. 13.204 of 2015)
XII – public call: a procedure to select a civil so ciety organization to start a partnership through a
Term of collaboration or Term of fostering, which g uarantees compliance with the principles of
isonomy, legality, impersonality, morality, equalit y, publicity, administrative probity, a link to
public calls to bid, objective judgment and that th ey are correlated;
XIII – remaining assets: the permanent nature acqui red with financial resources involved in the
partnership, necessary for the execution of the obj ective, but that they do not incorporate;
(
Wordingamended by Law no. 13.204 of 2015)
XIV – accounting: procedure in which the implementa tion of the partnership is analyzed and
evaluated, wherein it is possible to verify complia nce with the objective of the partnership and
the achievement of goals and expected results, comp rised of two phases:
(
Wordingamended by Law no. 13.204 of 2015)
a) presentation of accounts, of the responsibility of the civil society organization;
b) analysis and conclusive demonstration of account s, from the responsibility of the public
administration, notwithstanding the actions of regu latory agencies;
XV –
(repealed). (Wording amended by Law no. 13.204 of 2015)
2
nd Art. – The partnerships governed in this complying law, in all its aspects, the specific
standards of sectoral public policies relating to t he objective of the partnership and the
respective authorities for negotiation and delibera tion. (
Included by Law no. 13.204 of 2015)
3
rd Art. – The requirements of this Law do not apply t o:
I – the transfer of funds approved by Congress or a pproved by the Senate in whatever specific
provisions of the treaties, international agreement s and conventions conflict with this Law;
(Wording amended by Law no. 13.204 of 2015)
II –
(repealed). (Wording amended by Law no. 13.204 of 2015)
III – management contracts entered into with social organizations, provided that they meet the
requirements set out in
Law no. 9.637 of May 15, 1998 ; ( Wording amended by Law no.
13.204 of 2015)
IV – the accords and contracts entered into with ch arities and non-profits pursuant to the 1st § of
art. 199 of the Brazilian Constitution; (
Included by Law no. 13.204 of 2015)
V – the terms of a cultural commitment referred to in the 1st § of art. 9 of Law No. 13.018 of 22
July 2014;
(Included by Law no. 13.204 of 2015)
VI – partnership agreements entered into with civil society organizations of public interest,
provided they fulfill the requirements of Law No. 9 .790 of March 23, 1999;
(Included by
Law no. 13.204 of 2015)
VII – transfers referred to in the 2nd art. of Law No. 10.845 of March 5, 2004, and the 5th and
22nd arts. of Law No. 11.947 of June 16, 2009;
(Included by Law no. 13.204 of 2015)
VIII – (VETOED);
(Included by Law no. 13.204 of 2015)
IX – payments made as annual fees, contributions an d membership fees on behalf of
international organizations or entities which must consist of:
(Included by Law no.
13.204 of 2015)
a) members of the Federal Authority or Public Prose cutor;
(Included by Law no.
13.204 of 2015)
b) directors of organizations and of public adminis tration agency entities;
(Included by
Law no. 13.204 of 2015)
c) legal entities of internal public law;
(Included by Law no. 13.204 of 2015)
d) corporate entities who are members of the public administration;
(Included by Law no. 13.204 of 2015)
X – partnerships between public administration and the autonomous social services.
(Included by Law no. 13.204 of 2015)
4
th Art. (Repealed by Law no. 13.204 of 2015)
CHAPTER II
ENTERING INTO A TERM OF COLLABORATION OR TERM OF FO STERING
Section I
General Conditions 5
th Art. The legal framework of this law is founded on democratic public governance, social
participation, strengthening of civil society, tran sparency in the use of public resources, the
principles of legality, legitimacy, impersonality, morality, publicity, economy, efficiency and
effectiveness and is designed to ensure:
(Wording amended by Law no. 13.204
of 2015)
I – the recognition of social participation as a ri ght of citizens;
II – solidarity, cooperation and respect to diversi ty for the construction of citizenship values and
social and productive inclusion;
III – the promotion of local, regional and national development that is inclusive and sustainable;
IV – the right to information, transparency and soc ial control of public administration actions;
V – integration and mainstreaming of the procedures , mechanisms and instances of social
participation;
VI – valuing cultural diversity and education for a ctive citizenship;
VII – the promotion and defense of human rights;
VIII – the preservation, conservation and protectio n of water resources and the environment;
IX – the enhancement of the rights of indigenous pe oples and traditional communities;
X – the preservation and appreciation of Brazilian cultural heritage in its tangible and intangible
dimensions. 6
th Art. The fundamental directives of the legal frame work of partnership are:
(Wording amended by Law no. 13.204 of 2015)
I – the promotion, institutional strengthening, tra ining and encouragement of a civil society
organization for cooperation with the public admini stration;
II – the prioritization of the control of results;
III – encouraging the use of updated resources for information and communication technologies;
IV – the strengthening institutional cooperation ac tivities between federal entities in their
relations with civil society organizations;
V – the establishment of mechanisms that broaden th e management of information,
transparency and publicity;
VI – the integrated, complementary and decentralize d action of resources and actions among
the entities of the Federation, avoiding any duplic ation of efforts and a fragmentation of
resources;
VII – the awareness, training, the deepening and en hancement of the work done by public
managers in the implementation of activities and pr ojects of public interest and social relevance
with civil society organizations;
VIII – the adoption of administrative management practices that are necessary and sufficient to
curb obtaining, individually or collectively, benef its or undue advantages
; (Wording
amended by Law no. 13.204 of 2015)
IX – the promotion of solutions derived from the ap plication of knowledge, science and
technology and innovation to meet the needs and dem ands of a higher quality of life for the lives
of the population in social inequality situations.
Section II
The Training of Managers, Board Members and Civil S ociety Organizations
7th Art. The Brazilian Public administration may establish training programs in coordination with
the States, the Federal District, municipalities an d civil society organizations that are aimed at:
(Wording amended by Law no. 13.204 of 2015)
I – public administrators, directors and managers;
(Included by Law no. 13.204 of 2015)
II – representatives of civil society organizations ;
(Included by Law no. 13.204 of 2015)
III – members of public policy boards;
(Included by Law no. 13.204 of 2015)
IV – members of selection committees;
(Included by Law no. 13.204 of 2015)
V – members of the monitoring and evaluation commit tees;
(Included by Law no. 13.204 of
2015)
VI – other public and private stakeholders involved in the entering into and implementation of
partnerships governed by this Law.
(Included by Law no. 13.204 of 2015)
Sole paragraph. Participation in the programs provided for in the chapter does not constitute a
condition for the exercise of the function involved in the materialization of partnerships governed
by this Law.
(Included by Law no. 13.204 of 2015)
8
th Art. In deciding on the entering into of the partn erships provided for in this Law, the public
official will:
(Wording amended by Law no. 13.204 of 2015)
I – obligatorily consider the operational capacity of the public administration to enter into the
partnership, fulfill the obligations and meet its r esponsibilities;
(Included by Law no. 13.204 of
2015)
II – evaluate proposals by the partnership with the technical rigor required;
(Included by
Law no. 13.204 of 2015)
III – appoint managers who are able to monitor and supervise the implementation in a timely and
effective way;
(Included by Law no. 13.204 of 2015)
IV – value the rendering of accounts in a manner an d in the determined terms in this Law and in
the specific legislation;
(Included by Law no. 13.204 of 2015)
Sole paragraph. The public administration will take the necessary measures, both in the training
of staff, and in the provision of material and tech nological resources needed, to ensure the
technical and operational capacity dealt with in th e chapter of this article.
Section III
Transparency and Control 9
th Art. (Repealed by Law no. 13.204 of 2015)
10
th Art. The public administration must maintain a lis t of partnerships it has entered into
agreements with along with their work plans, up to one hundred and eighty days after their
closure, on its official website.
(Wording amended by Law no. 13.204, of 2015 )
11
th Art. The civil society organization must disclose, on the internet and in visible places at their
registered offices and establishments engaged in th eir actions, all partnerships they have
entered into agreement with the public administrati on.
(Wording amended by Law no. 13.204,
of 2015 )
Sole paragraph. The information referred to in this article and art. 10 should include, at
minimum:
I – the signing date and identification of the part nership instrument and the public administration
body responsible for it;
II – the name of the civil society organization and its registration number in the National Registry
of Legal Entities – CNPJ of the Federal Revenue Ser vice of Brazil – RFB;
III – description of the partnership’s objective;
IV – Total value of the partnership and amounts rel eased, if applicable;
(Wording amended by
Law no. 13.204, of 2015 )
V – the status of the partnership accounting, which must inform the expected date for their
submission, the date it was submitted, the deadline for its analysis and conclusive result.
VI – when bound to the execution of the objective and paid with funds from the partnership, the
total amount of compensation for the working group, the duties that its members perform and
the compensation established for the exercise there of.
Art. 12 The public administration must disclose th rough the Internet the means of
representation on the irregular use of funds involv ed in the partnership.
(Wording amended by
Law no. 13.204, of 2015 )
Section IV
The Strengthening of Social Participation and Discl osure of Activities
Art. 13 (VETOED)
Art. 14 The public administration will disclose, in the form of a regulation, through a broadcast
communication of sounds and images, publicity campa igns and programs developed by civil
society organizations in the context of the partner ships set out in this Law, through the use of
technological resources and in an language suited t o guarantying accessibility for people with
disabilities.
(Wording amended by Law no. 13.204, of 2015 )
Art. 15 W ithin the Federal Executive Power, the Nat ional Council for Fostering and Cooperation
can be created, equally composed of public administ ration representatives and civil society
organizations, in order to disseminate good practic es and to propose and support policies and
actions oriented to strengthening fostering and coo peration relations set out in this Law.
1st § The composition and functioning of the Nation al Council for Fostering and Cooperation will
be governed by regulation. 2
nd § Other federal agencies will also create particip atory proceedings under the terms of this
article. 3
rd § The sectoralboards of public policy and public a dministration will be consulted as to the
policies and actions for strengthening fostering an d cooperation relations proposed by the
Council from what is being dealt with in the chapter of this article.
Section V
Terms of Collaboration and Term of Fostering
Art. 16 The term of collaboration should be adopted by the public administration to attain its
initiative work plans for entering into partnership s with civil society organizations involving the
transfer of financial resources.
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. Public policy boards may submit pro posals to the public administration to enter
into a term of collaboration with civil society org anizations.
Art. 17 The term of fosteringmust be adopted by the public administration to attain work plans
proposed by civil society organizations that involv e the transfer of financial resources.
(Wording amended by Law no. 13.204, of 2015 )
Section VI
Procedure for the Manifestation of Social Interest
Art. 18 The Procedure for the Manifestation of Soci al Interest is instituted as an instrument
through which the civil society organizations, soci al movements and citizens may submit
proposals to the public administration so that it may assess the possibility of issuing a public call
geared towards entering into a partnership.
Art. 19 The proposal to be submitted to the public administration must meet the following
requirements:
I – identification of the proposal subscriber;
II – an indication of the public interest involved;
III – a diagnosis of the reality that wants to be m odified improved or developed and, where
possible, an indication of feasibility, costs, bene fits and time required for the completion of the
desired action.
Art. 20 Having fulfilled the requirements of Art. 1 9, the public administration must make the
proposal public on its website and, observing the c onvenience and opportunity to carry out the
Procedure for the Manifestation of Social Interest, will set it up for a hearing by society on the
issue.
Sole paragraph. Deadlines and rules of procedure re ferred to in this Section shall observe their
own specific regulations from each federal entity, to be approved after the publication of this
Law.
Art. 21 Performing the Procedure for the Manifestat ion of Social Interest does not necessarily
imply the implementation of a public call that will take place in accordance with the interests of
the administration. 1
st § Performing the Procedure for the Manifestation o f Social Interest does not exempt the
convocation through a public call for entering into a partnership.
2
nd § The proposition or participation in the Procedur e for the Manifestation of Social Interest
does not prevent the civil society organization fro m participating in any subsequent public call.
3
rd § Constraining the execution of a public call or t he signing of a partnership is prohibited prior
to the execution of the Procedure for the Manifesta tion of Social Interest.
Section VII
The Work Plan
Art. 22 The work plan of signed partnerships throug h a term of collaboration or fostering must
include:
(Wording amended by Law no. 13.204, of 2015 )
I – a description of the reality that will be the o bjective of the partnership, the link between this
reality and the activities or projects and goals to be achieved must be demonstrated;
(Wording amended by Law no. 13.204, of 2015 )
II – a description of the goals that are to be achi eved and activities or projects to be executed;
(Wording amended by Law no. 13.204, of 2015 )
II-A – revenue and expenditure estimates that will be undertaken in the execution of activities or
projects covered by the partnership;
III – the manner in which the activities or project s and the achievement of targets linked to them
will be executed;
(Wording amended by Law no. 13.204, of 2015 )
IV – a definition of the parameters to be used for gauging the achievement of targets.
(Wording amended by Law no. 13.204, of 2015 )
V – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
VI –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
VII –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
VIII –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
IX –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
X –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. (Repealed)
(Wording amended by Law no. 13.204, of 2015 )
Section VIII
The Call for Public Comment
Art. 23 The public administration must adopt clear and streamlined procedures and objectives
that will guide interested parties and facilitate d irect access to their organizations and decision-
makers, regardless of the type of partnership envis aged in this Law.
Sole paragraph. W henever possible, the public admin istration shall establish criteria to be
followed, especially for the following characterist ics:
(Wording amended by Law no. 13.204,
of 2015 )
I – objectives
II – goals
III –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
IV – costs
V –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
VI – quantitative or qualitative indicators from an evaluation of the results.
(Wording
amended by Law no. 13.204, of 2015 )
Art. 24 Except in the cases stipulated in this Law, entering into a term of collaboration or term of
fosteringwill be preceded by call for public commen t geared towards selecting civil society
organizations that will make the execution of the o bjective more effective.
(Wording
amended by Law no. 13.204, of 2015 )
1
st § The announcement of the call for public comment will specify, at minimum:
I – the budget program that authorizes and facilita tes the execution of the partnership;
(Wording amended by Law no. 13.204, of 2015 )
II –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
III – the objective of the partnership;
IV – the dates, deadlines, conditions, location and the form for the submission of proposals;
V – the dates and selection criteria and evaluation of proposals, including those referring to the
scoring methodology and the weight given to each of the criteria, if any;
(Wording amended by
Law no. 13.204, of 2015 )
VI – the estimated value for performing the objecti ve:
VII –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
a) – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
b) – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
c) – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
VIII – the conditions for bringing up administrativ e proceedings;
IX – a draft of the instrument through which the pa rtnership will be signed;
(Wording
amended by Law no. 13.204, of 2015 )
X – in accordance with the characteristics of the p artnership’s objective, the means of
accessibility for people with disabilities or reduc ed mobility and the elderly.
(Wording
amended by Law no. 13.204, of 2015 )
2
nd § in the process of the convocation, admitting, pr edicting, including or tolerating any terms or
conditions that compromise, restrict or frustrate t he competitive character due to any impertinent
or irrelevant circumstance for the specific objecti ve of the partnership is prohibited. The
following is acceptable:
(Wording amended by Law no. 13.204, of 2015 )
I – the selection of proposals presented exclusivel y by competitors headquartered or with active
representation and recognized in the State where th e objective of the partnership will be
executed;
II – the establishment of a clause limiting the ter ritory or the scope of the provision of activities or
the execution of projects, as established in sector al policies.
Art. 25
(Repealed by Law no. 13.204, of 2015 )
Art. 26 The invitation to bid must be widely public ized on the public administration’s official
website on the Internet at least thirty days before hand.
(Wording amended by Law no. 13.204,
of 2015 )
Sole paragraph. (Repealed).
(Wording amended by Law no. 13.204, of 2015 )
Art. 27 The degree to which the proposal to the spe cific objectives of the program or action in
which the objective of the partnership is inserted and, when applicable, the value of constant
reference of the public call constitutes a mandator y criterion of judgment.
(Wording
amended by Law no. 13.204, of 2015 )
1st § Proposals will be judged by a previously desi gnated selection committee, under the terms
of this Law, or constituted by its respective manag ement board, if the project is financed with
resources from special funds.
(Wording amended by Law no. 13.204, of 2015 )
2
nd § Those that, over the past five years, have retai ned a legal relationship with at least one of
the entities participating in the public call for c omment will be prevented from participating in the
committee of people selection.
(Wording amended by Law no. 13.204, of 2015 )
3
rd § Configuring the prevention provided for in the 2 nd §, an alternate member who has
qualifications equivalent to the replaced shall be appointed.
4th § The public administration will endorse and disseminate the outcome of the judgement on
its website as provided for in art. 26.
(Wording amended by Law no. 13.204, of 2015 )
5
th § The proposed selection that is not the most appr opriate to the value of reference in the
public call for comment will be mandatorialy justif ied.
6
th § Approval creates no right for the civil society organization to enter into the partnership.
Art. 28 The public administration shall verify the documents proving compliance on the part of
the civil society organization selected of the requ irements in arts. 33 and 34 only after the
conclusion of the competitive stage and proposals a re sorted.
(Wording amended by Law no.
13.204, of 2015 )
1
st § In the event that the civil society organization can’t meet the requirements in arts. 33 and
34, those in the immediate highest ranking can be i nvited to accept the signing of the
partnership in accordance with the proposal present ed by it.
(Wording amended by Law no.
13.204, of 2015 )
2
nd § In the event that civil society organization inv ited under the terms of the 1st § accept
entering into the partnership, verification of the documents proving the compliance with the
requirements of arts. 33 and 34 will proceed.
(Wording amended by Law no. 13.204, of 2015 )
3
rd§ (Repealed). (W ording amended by Law no. 13.204, of 2015 )
Art. 29 The terms of collaboration or fostering inv olving funds from parliamentary amendments
to the annual budget laws and cooperation agreement s will be entered into without a public call
for comment, except in relation to cooperation agre ements, when the objective involves entering
into lending, donation of goods or any other form o f sharing patrimonial resource, in which case
the respective public call for comment will observe the provisions of this Law.
(Wording
amended by Law no. 13.204, of 2015 )
Art. 30 The public administration can dispense with the public call for comment:
I – in the event of an urgency arising from a shutd own or imminent shutdown of relevant public
interest activities for a period of one hundred and eighty days;
(Wording amended by Law no.
13.204, of 2015 )
II – in the event of war, public calamity, serious disturbance of public order or threat to social
peace;
(Wording amended by Law no. 13.204, of 2015 )
III – in the case of conducting a protection progra m for threatened people or in a situation that
could compromise their safety;
IV – (VETOED)
V – (VETOED)
VI – in the case of activities directed or linked t o education, health and social assistance
services, when implemented by civil society organiz ations previously accredited by the
governing body of the respective policy.
Art. 31 The public call for comment will be deemed unclaimable in the event of an impossibility
of competition among civil society organizations, d ue to the unique nature of the objective of the
partnership or if the goals can only be achieved by a specific entity, especially when:
(Wording amended by Law no. 13.204, of 2015 )
I – the objective of the partnership constitutes a charge provided for in the agreement, act or
international compromise, in which the institutions that will indicate the institutions that will use
the funds;
II – the partnership during transfer to civil socie ty organization that is authorized by law in which
it is expressly identified as the beneficiary, incl uding in the case of the grant provided for in
section I of the 3rd § of art. 12 of Law no. 4.320, March 17, 1964 , observing the provisions in
art
. 26 of Complementary Law no. 101 from May 4, 2000 .
Art. 32 In the events of arts. 30 and 31 of this La w, the absence of holding a public call for
comment will be justified by the public administrat or.
(Wording amended by Law no. 13.204,
of 2015 )
1
st § Under penalty of nullifiying the document formal izing the partnership provided for in this
Law, the statement of reasons provided in the chapt er heading must be published on the same
date on which it is effected on the public administ ration’s official website and eventually, at the
discretion of the public administrator, the officia l means of the public administration’s publicity.
(Wording amended by Law no. 13.204, of 2015 )
2
nd § Challenging the submitted justification is permi ssible within five days of its publication, the
content of which should be considered by the public administrator in charge within five days of
the respective protocol date.
(Wording amended by Law no. 13.204, of 2015 )
3
rd § Having grounds for a challenge, the act that dec lared the dismissal or deemed the public
call for comment unclaimable will be repealed, and the procedure for conducting the public call
will start immediately, as appropriate. 4
th § Dismissal and waiver of a public call for commen t, as well as the provisions in art. 29, do
not preclude the application of other provisions of this Law.
Requisites for Entering Into the Terms of Collabora tion or Term of Fostering
Art. 33 To enter into the as provided for in this L aw, the civil society organizations must be
governed by internal organizational that expressly provide:
(Wording amended by Law no.
13.204, of 2015 )
I – objectives directed at the promotion of activit ies and purposes that are of public and social
relevance;
II –
(Repealed by Law no. 13.204, of 2015 )
III – that, in the event of the dissolution of the entity, its shareholders’ equity is transferred to
another entity of the same nature that meets the re quirements of this Law and whose corporate
purpose is preferably the same as the defunct entit y;
(Wording amended by Law no. 13.204,
of 2015 )
IV – bookkeeping in accordance with generally accep ted accounting principles and with Brazilian
Accounting Standards;
(Wording amended by Law no. 13.204, of 2015 )
a) (repealed)
(Wording amended by Law no. 13.204, of 2015 )
b) (repealed)
(Wording amended by Law no. 13.204, of 2015 )
V – it can hold:
(Included by Law no. 13.204, of 2015 )
a) at least one, two or three years of existence, with active registration, proven through
documentation issued by the Federal Revenue Service of Brazil, based on the National
Register of Legal Entities – CNPJ, respectively con forming to the partnership to be
entered into the auspice of the municipalities, the Federal District or the States and the
Union, admitted to a reduction these terms by a spe cific act of each entity in the event
of any organization reaching them;
(Included by Law no. 13.204, of 2015 )
b) previous experience in performing, with effectiv eness, the objective of the partnership or
similar in nature;
(Included by Law no. 13.204, of 2015 )
c) facilities, material conditions and technical an d operational capacity for the development
of activities or projects planned for in the partne rship and compliance with established
goals.
(Included by Law no. 13.204, of 2015 )
1
st § In entering into the cooperation agreements, onl y the requisites in section I will be required.
2
nd § Religious organizations will be exempted from co mpliance with the provisions of sections I
and III. 3
rd § Cooperative societies must meet the requirements provided for in the specific legislation
and the provisions of section IV, being exempted fr om compliance with the requirements of
sections I and 111. 4
th § (VETOED)
5
th § In order to comply with the provisions in line C of section V, a demonstration of prior
installed capacity will not be necessary.
Art. 34 To enter into the partnerships provided for in this Law, the civil society organizations
must submit:
I – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
II – certification of fiscal, social security, tax , contributions and outstanding debt compliance,
according to the applicable laws of each federal en tity;
III – certification of legal existence issued by th e civil registry office or a copy of the registered
status and any changes or, in the case of a coopera tive society, a simplified certificate issued
by the Board of Trade;
(Wording amended by Law no. 13.204, of 2015 )
IV – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
V – a copy of the election records of the current m anagement staff;
VI – updated list of names of the entity directors with addresses, numbers and issuing authority
of the identification card and registration number with the Register of Tax Payers – CPF by the
Federal Revenue Service of Brazil – RFB of each one of them;
VII – proof that the civil society organization ope rates at the address stated by it;
(Wording
amended by Law no. 13.204, of 2015 )
VII – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. (VETOED):
I – (VETOED)
II – (VETOED)
III – (VETOED)
Art. 35. The entering into and formalization of the term of collaboration and the term of fostering
will depend on the adoption of the following measur es by the public administration:
I – conducting a public call for comment, except in the cases provided for by this Law;
II – express indication of the existence of a prior budget allocation for the implementation of the
partnership;
III – a demonstration that the objectives and insti tutional purposes and the technical and
operational capacity of the civil society organizat ion were evaluated and are compatible with the
objective;
IV – approval of the work plan, to be submitted und er the terms of this Law;
V – issuance of an opinion by the technical body of the public administration, which shall decide,
expressly, regarding:
a) the merit of the proposal in accordance with the manner of the adopted partnership;
b) the identity and reciprocity of interests of the parties in carrying out, in mutual
cooperation, the partnership provided for in this L aw;
c) the viability of its execution;
(Wording amended by Law no. 13.204, of 2015 )
d) verification of the disbursement schedule;
(Wording amended by Law no. 13.204,
of 2015 )
e) a description of what means will be available to be used for monitoring the
implementation of the partnership, as well as the p rocedures to be adopted for the
evaluation of the physical and financial execution, in compliance with the goals and
objectives;
f) (Repealed)
(Wording amended by Law no. 13.204, of 2015 )
g) designation of the manager of the partnership
h) designation of the monitoring and evaluation boa rd of the partnership;
i) (Repealed)
(Wording amended by Law no. 13.204, of 2015 )
VI – legal opinion issued by the advisory body or l egal consultant of the public administration
about the possibility of entering into the partners hip.
1
st § A financial contribution as a condition for ente ring into the partnership will not be required,
making available the requirement of compensation in goods and services whose denomination
will be identified obligatorily in the term of coll aboration or fostering.
(Wording amended by
Law no. 13.204, of 2015 )
2
nd § If the event the technical opinion or legal opin ion relating to, respectively, sections V and
VI conclude the possibility of entering into the pa rtnership with caveats, the public administrator
must counteract the excepted aspects or, through a formal act, justify the preservation of these
aspects or their exclusion.
(Wording amended by Law no. 13.204, of 2015 )
3
rd § In the event the manager of the partnership ceas es to be a public servant or takes on
position at another agency or entity, the public ad ministrator must appoint a new manager,
assuming, as long as this does not occur, all oblig ations of the manager, with their respective
responsibilities. 4
th § (Repealed) (Wording amended by Law no. 13.204, of 2015 )
5
th § In the event that the civil society organization acquires permanent equipment and materials
with funds from entering into the partnership, the goods will be recorded with an inalienability
clause, and it must formalize the transfer promise of property to the public administration in the
event of its extinction. 6
th § People that, in the last 5 (five) years, have ma intained legal relations with at least 1 (one)
of the participating civil society organizations wi ll be excluded from participating as a manager
of the partnership or as a member of the monitoring and evaluation board.
7
th § Figuring in the impediment of the 6th §, those w ho possess technical skills equivalent to
the substitute should be designated manager or subs titute member.
Art. 35-A operation in a network for two or more ci vil society organizations is permitted,
maintaining the full responsibility of the organiza tion signee of the term of fostering or term of
collaboration, provided that the undersigned civil society organization of the term of fostering or
collaboration has:
(Included by Law no. 13.204, of 2015 )
I – more than 5 years registered with the CNPJ;
(Included by Law no. 13.204, of 2015 )
II – technical and operational capacity to oversee and directly steer the activities of the
organization with which it is operating in the netw ork.
(Included by Law no. 13.204, of 2015 )
Sole paragraph. The civil society organization that signs the term of collaboration or fostering
must enter into the term of operating in the networ k for the transfer of funds to non-signees,
being obliged to, upon their respective formalizati on:
(Included by Law no. 13.204, of 2015 )
I – to verify, under the terms of the regulation, t he legal and fiscal correctness of an organization
performing and not entered into the term of collabo ration or term of fostering, and must prove
such verification in accountability;
(Included by Law no. 13.204, of 2015 )
II – to communicate the signing of the term of oper ation in the network to the public
administration within sixty days.
(Included by Law no. 13.204, of 2015 )
Art. 36 The stipulation of the allocation to be giv en to the remaining assets of the partnership
will be mandatory.
Sole paragraph. The remaining assets acquired with transferred funds may, at the public
administrator’s discretion, be given when, after th e objective has been achieved, they will not be
necessary to ensure the continuity of the agreed to objective, subject to the provisions of the
respective instrument and current legislation.
Art. 37 (Repealed)
(Wording amended by Law no. 13.204, of 2015 )
Art. 38. The term of fostering, the term of collabo ration and the cooperation agreement will only
produce will only produce legal effects after the p ublication of extracts in the official means of
publication by the public administration.
(Wording amended by Law no. 13.204, of 2015 )
Section X
Prohibitions
Art. 39 Any manner of partnership provided for in t his Law that will be prevented for the civil
society organization that:
I – is not duly constituted or, if foreign, is not authorized to operate in the country;
II – will default in duty to provide previously est ablished partnership accounts;
III – has directors that are members of the Public administration or the Public Prosecutor, or
directors of an organization of entity within the p ublic administration of the same public
administrational sphere in which the term of collab oration or fostering will be entered into,
extending the prohibition to their spouses or compa nions and relatives, collateral or by affinity,
up to the second degree;
(Wording amended by Law no. 13.204, of 2015 )
IV – has had bills rejected by the public administr ation in the last five years, except if:
(Wording amended by Law no. 13.204, of 2015 )
a) the irregularity which led to the rejection and a settling of the debts is rectified;
b) the decision for rejection is reconsidered or re visitied;
c) the consideration of accounts had been pending d ecision on appeal with suspensive
effect;
V – has been punished with one of the following san ctions for the duration of the penalty:
a) suspension of participating in a public tender a nd prevention from doing business with
the administration;
b) declaration of unfitness to bid or contract with the public administration;
c) the provision in section II of art. 73 of this l aw;
d) the provision in section III of art. 73 of this law;
VI – having had partnership accounts judged irregul ar or rejected by the Court or the Board of
Auditors of any sphere of the Federation, on unappe alable decision, in the last eight (8) years;
VII – having among its directors people:
a) whose accounts related to the partnership were d eemed irregular or rejected by the
Court or the Board of Auditors of any sphere of the Federation, on unappealable
decision, in the last eight (8) years;
b) deemed to be responsible through serious lack an d inability of a position in committee
or function of trust, throughout the duration of th e disqualification;
c) held responsible for an act of misconduct, durin g the terms established in items I, II and
III of art. 12 of Law No. 8.429, of June 2, 1992.
1
st § In cases of this article, the transfer of new re sources through running partnerships is also
prohibited, except for cases of essential services that can not be postponed under penalty of
loss to the treasury or the population, provided th at it preceded express and reasoned
authorization of the highest director if the organi zation or entity within the state administration,
subject to joint liability. 2
nd § In any of the cases provided for in the chapter heading, the prevention of entering into
partnership remains while there is no compensation for the damage to the Treasury, which the
civil society organization or its leader will be re sponsible for.
3
rd § (Repealed) (Wording amended by Law no. 13.204, of 2015 )
4
th § For the purposes of the provisions in line a of section IV and in the 2nd §, debts arising
from delays in the release of transfers by public a dministration or have been the objective of an
installment plan will not be considered, if the civ il society organization is in good standing in
installment. 5
th § The prohibition provided for in section III does not apply to the signing of partnerships with
entities that, by their own nature, will be made of the authorities referred to in that section, being
that the same person to figure in the term of colla boration, the term of fostering or in the
cooperation agreement as both leader and public off icial is prohibited.
6th § Participants of the boards of laws and public policies are not considered members of the
Federal Public administration
Art. 40. The entering into of partnerships provided for in this law whose purpose involve or
include, directly or indirectly, the delegation of regulatory functions, surveillance, the exercise of
police power or other exclusive state activities is prohibited.
(Wording amended by Law no.
13.204, of 2015 )
I – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
II – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. (Repealed):
(Wording amended by Law no. 13.204, of 2015 )
I – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
II –(repealed)
(Wording amended by Law no. 13.204, of 2015 )
Art. 41. Except as provided in art. 3 and the sole paragraph of art. 84, partnerships between the
public administration and the entities referred to in section I of the 2nd Art. will be entered into
under this Law.
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. (Repealed).
(Wording amended by Law no. 13.204, of 2015 )
CHAPTER III
FORMALIZATION AND EXECUTION
SectionI
Preliminary Provisions
Art. 42. Partnerships will be formalized through th e signing of the term of collaboration, the term
of fostering or the cooperation agreement, as appli cable, that will have the following essential
clauses:
(Wording amended by Law no. 13.204, of 2015 )
I – a description of the agreed upon objective;
II – the parties’ obligations;
III – where applicable, the total value and the dis bursement schedule;
(Wording amended by
Law no. 13.204, of 2015 )
IV – (Repealed);
(Wording amended by Law no. 13.204, of 2015 )
V – the counterparty, when applicable, observing th e provisions in the 1
st § of art. 35;
(Wording amended by Law no. 13.204, of 2015 )
VI – the duration and assumption of extensions;
VII – the obligation of being accountable to the de finition of the form, methodology and
deadlines;
(Wording amended by Law no. 13.204, of 2015 )
VIII – the manner of monitoring and evaluation, indicating the human and technological
resources that will be employed in the activity or, where applicable, an indication of support for
participation pursuant to the 1st §, art. 58 of thi s Law;
IX – the requirement for the recovery of funds, in cases provided for in this Law;
X – the definition, if applicable, of the ownership of the remaining assets and rights on the date
of completion or termination of the partnership and , as a result of its execution, having had been
acquired, produced or processed with funds transfer red by the public administration;
XI – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
XII – the prerogative attributed to the public admi nistration for assuming or transferring
responsibility for the execution of the objective, in the case of a shutdown, in a manner to avoid
its discontinuance;
(Wording amended by Law no. 13.204, of 2015 )
XIII – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
XIV – when it’s the case. The obligation of the civ il society organization to maintain and transfer
funds in a specific bank account, observing the pro visions in art. 51;
(Wording amended by
Law no. 13.204, of 2015 )
XV – free access for public administration official s, from internal control and the Court of Audits
corresponding to the process, to documents and info rmation releated to the terms of
collaboration or the terms of fostering, as well as to the location of the execution of the
respective objective;
(Wording amended by Law no. 13.204, of 2015 )
XVI – the facility of the participants to rescind t he instrument, at any time, with the respective
conditions, sanctions and clear limits of responsib ilities, in addition to the stipulation of the
minimum term anticipated for the publication of thi s intention, which cannot be less than 60
(sixty) days;
XVII –the indication
XVIII – (repealed)
(Wording amended by Law no. 13.204, of 2015 )
XIX –the sole responsibility of the civil society o rganization for the administrative and financial
management of the funds that are received, includin g in respect to expenses from costs,
investments and human resources;
XX – the sole responsibility of the civil society o rganization for the payment of labor, social
security, tax and commercial charges related to the execution of the planned objective provided
for in the term of collaboration or fostering, and does not involve joint or subsidiary liability of
the public administration for defaults by the civil society organization relating to such payment,
the burden imposed on the objective of the partners hip or damage resulting from restrictions on
their implementation.
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. The work plan will be shown as an a nnex to the term of collaboration, term of
fostering or the cooperation agreement, which of th em will be an integral and inseparable part.
(Wording amended by Law no. 13.204, of 2015 )
I – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
II – (repealed); (Wording amended by Law no. 13.204, of 2015 )
Section II
Contracts Performed by the Civil Society Organizations
Art. 43
(Wording amended by Law no. 13.204, of 2015 )
Art. 44
(Wording amended by Law no. 13.204, of 2015 )
Section III
Expenses
Art. 45. The expenses related to the execution of t he partnership will be done in the terms of
sections XIX and XX of art. 42, with the following prohibited:
(Wording amended by Law no.
13.204, of 2015 )
I – using funds for purposes unrelated to the object of the partnership; (Wording amended by
Law no. 13.204, of 2015 )
II – to pay, to any public administration or public employee with funds related to the partnership,
except in the cases provided for in specific law an d the law of budgetary directives;
III –
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
IV – VETOED)
V –
(repealed) ; (W ording amended by Law no. 13.204, of 2015 )
VI –
(repealed) ; (W ording amended by Law no. 13.204, of 2015 )
VII –
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
IX –
(repealed) ; (W ording amended by Law no. 13.204, of 2015 )
a)
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
b)
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
c)
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
d)
(repealed) ; (Wording amended by Law no. 13.204, of 2015 )
Art. 46. Among other expenses, the following can be paid with funds linked to the partnership:
(Wording amended by Law no. 13.204, of 2015 )
I – compensation for the staff in charge of impleme nting the work plan, including the
organization’s own staff from the civil society, fo r the duration of the partnership, including the
cost of tax payments, social security contributions , the Service Time Guarantee Fund – FGTS,
vacation, thirteenth salary, commensurate wages, se verance pay and other social and labor
charges;
(Wording amended by Law no. 13.204, of 2015 )
a) (repealed);
(Wording amended by Law no. 13.204, of 2015 )
b)
(repealed); (Wording amended by Law no. 13.204, of 2015 )
c)
(repealed); (Wording amended by Law no. 13.204, of 2015 )
II – daily expenses related to travel, lodging and meals where the execution of the partnership
objective so requires;
(Wording amended by Law no. 13.204, of 2015 )
III – indirect costs related to requirements of executing the objective, whatever the proportion in
relation to the total value of the partnership; (
Wording amended by Law no. 13.204, of 2015 )
IV – acquisition of permanent equipment and materia ls essential to the achievement of the
objective and the adequate services of physical spa ce, for as long as necessary for the
installation of such equipment and materials. 1
st§ The default by the public administration does no t transfer the responsibility for payment of
obligations related to the partnership to the civil society organization with their own resources.
(
Wording amended by Law no. 13.204, of 2015 )
2
nd § Default by the civil society organization as a result of delays in the release of partnership-
related transfers may not lead to restrictions on t he release of further payment installments.
(
Wording amended by Law no. 13.204, of 2015 )
3
rd§ The payment of compensation for the staff contra cted by the civil society organization with
funds from the partnership does not lead to employm ent relationship with the public
administration. (
Wording amended by Law no. 13.204, of 2015 )
4
th§ (Repealed). ( Wording amended by Law no. 13.204, of 2015 )
5
th§ (VETOED).
Art. 47. (
Repealed by Law no. 13.204, of 2015 )
Section IV
The Release of Funds
Art. 48. The installments of the funds transferred under the partnership will be released in strict
accordance with the respective disbursement schedul e, except in the following cases, in which
they will be retained until the recovery of impropr ieties:
(Wording amended by Law no.
13.204, of 2015 )
I – when there is evidence of an irregularity in th e application of a payment installment that was
previously received;
(Wording amended by Law no. 13.204, of 2015 )
II – when a misuse of the purpose for the use of fu nds is found or a breach of civil society
organization in relation to the obligations establi shed in the term of collaboration or fostering;
(Wording amended by Law no. 13.204, of 2015 )
III – when the civil society organization fails to adopt, without sufficient justification, the remedi al
measures identified by the public administration or by bodies of internal or external control.
(Wording amended by Law no. 13.204, of 2015 )
Art. 49. In partnerships whose duration exceeds one year, accountability at the end of each
financial year is mandatory.
I – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
II – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
III – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
Art. 50. The public administration must facilitate the monitoring of the release processes of
funds on the internet relating to partnerships ente red into under this Law.
Section V
Financial Handling and Investment of Funds
Art. 51. Funds received as a result of the partnership shall be deposited in specific checking
account that is exempt from bank fees in a public f inancial institution to be determined by the
public administration.
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. Income from financial assets will b e invested in the partnership objective,
subject to the same conditions of accountability re quired for the transferred funds.
(Wording amended by Law no. 13.204, of 2015 )
Art. 52. Upon completion, termination, cancellation or termination of the partnership, the
remaining surplus funds, including those from the r evenues from the investments made, will be
returned to the public administration in a non-exte ndable period of thirty days, under penalty of
immediate initiation of taking special accounts of the responsible party, provided by the
competent authority of public administration.
(Wording amended by Law no. 13.204, of 2015 )
Art. 53. All transfers of funds within the partners hip will be made by electronic transfer and
subject to identification of the final beneficiary and the obligation to deposit in their bank
account. 1
st§ Payments must be done through a credit in the ba nk account of the owner of the suppliers
and service providers.
(Wording amended by Law no. 13.204, of 2015 )
2
nd § Having demonstrated the physical impossibility of payment through a wire transfer, the
term of collaboration or fostering may admit to mak ing payments in kind.
(Included by Law no. 13.204, of 2015 )
Art. 54.
(Repealed by Law no. 13.204, of 2015 )
Section VI
Amendments
Art. 55. The duration of the partnership may be ame nded at the request of civil society
organization, appropriately documented and justifie d, to be submitted to the public
administration at least thirty days before the init ializing the proposed term.
(Wording
amended by Law no. 13.204, of 2015 )
Sole paragraph. Any extension of the duration of th e term of collaboration or fostering should be
made by the public administration when it has cause d the delay in the release of financial
resources, limited to the exact period of the delay occurred.
(Wording amended by Law no.
13.204, of 2015 )
Art. 56.
(Repealed by Law no. 13.204, of 2015 )
Art. 57. The partnership work plan may be revised t o change the values or goals, through an
amendment or apostille to the original work plan.
(Wording amended by Law no. 13.204,
of 2015 )
Sole paragraph.
(Repealed) . (Wording amended by Law no. 13.204, of 2015 )
Section VII
Monitoring and Evaluation
Art. 58, The public administration will promote the monitoring and evaluation of the fulfillment of
the objectives of the partnership.
(Wording amended by Law no. 13.204, of 2015 )
1st§ To implement the provisions of the chapter, the p ublic administration can draw on the
support of others, delegate authority or partner wi th agencies or entities that are located near
the site of application of resources.
(Wording amended by Law no. 13.204, of 2015 )
2
nd § In partnerships with a duration of longer than o ne (1) year, the public administration will
carry out, whenever possible, a satisfaction survey with the beneficiaries of the work plan and
use the results as an aid in assessing the signed p artnership and the fulfillment of agreed upon
objectives, as well as the reorientation and adjust ment of the defined goals and activities.
3
rd § To implement the provisions within the 2nd §, th e public adminsitration can draw on the
support of others, delegate authority or partner wi th agencies or entities that are located near
the site of the application of resources.
Art. 59. The public administration will issue techn ical report of the monitoring and assessment of
the entered into partnership through the term of co llaboration or term of fostering and will submit
it to the monitoring committee and designated asses sment that ratify, regardless of the
obligatory presentation of accountability owed by t he civil society organization.
(Wording amended by Law no. 13.204, of 2015 )
1
st § The technical report of the monitoriong and ev aluation of the partnership, notwithstanding
other elements, must contain:
(Wording amended by Law no. 13.204, of 2015 )
I – summary of activities and goals that have been established;
II – an analysis of activities that have been carri ed out, the fulfillment of goals and the social
impact derived from the execution of the objective up to that time, based on indicators
established and approved in the work plan;
III – amounts effectively transferred by the public administration;
(Wording amended by Law no.
13.204, of 2015 )
IV – (repealed);
(Wording amended by Law no. 13.204, of 2015 )
V – an analysis of the expenditure documents will b e submitted by the civil society organization
for accountability, when there is no proof that goa ls and results were achieved that were set out
in its term of collaboration or fostering;
(Wording amended by Law no. 13.204, of 2015 )
VI – an analysis of any audits performed by interna l and external controls, in the framework of
preventive supervision, as well as their conclusion s and the action taken as a result of these
audits.
(Wording amended by Law no. 13.204, of 2015 )
2
nd § In the case of partnerships financed with speci fic resource funds, the monitoring and
evaluation will be conducted by the respective mana gement boards, subject to the requirements
of this Law.
(Included by Law no. 13.204, of 2015 )
Art. 60. Subject to the supervision by the public administration and bodies of control, the
implementation of the partnership will be monitored and supervised by public policy boards from
the corresponding areas of existing operations in e ach sphere of public administration.
(Wording amended by Law no. 13.204, of 2015 )
Sole paragraph. Partnerships of covered by this law will also be subject to social control
mechanisms provided for in the legislation.
Section VIII
Obligations of the Manager
Art. 61. The obligations of the manager are:
I – to monitor and supervise the implementation of partnership
II – report to their superior the existence of fact s that jeopardize or may jeopardize the activities
and goals of the partnership and any evidence of ir regularities in the management of resources,
as well as the measures adopted or to be adopted to remedy the problems that have been
identified;
III – (VETOED)
IV – issue a conclusive technical opinion of the an alysis of the final accounting, taking into
account the contents of the technical monitoring an d evaluation report referred to in art. 59;
(Wording amended by Law no. 13.204, of 2015)
V – provide technological materials and equipment n ecessary for monitoring and evaluation
activities.
Art. 62. In the event of a nonperformance through t he exclusive fault of the civil society
organization, the public administration can, exclus ively to ensure the essential services for the
population, through its own act and independently o f judicial authorization, in order to achieve or
maintain implementation of the goals and activities agreed upon: (
Wording amended by
Law no. 13.204, of 2015)
I –return public assets held by the civil society o rganization partner, whatever had been the
manner or title that granted rights for the use of such assets;
II – take responsibility for implementing the rest of the planned objective within the work plan, in
the event of a stoppage, to avoid a discontinuity, and should be considered in the accountability
that had been executed by the civil society organiz ation until such time that the administration
assumes these responsibilities.
Sole paragraph. The situations provided for in the chapter heading must be communicated by
the manager to the public administration. (
Wording amended by Law no. 13.204, of 2015)
CHAPTER IV
ACCOUNTABILITY
Section I
General Conditions
Art. 63. Accountability must be done observing the rules provided for in this Law, in addiiotn to
the terms and conditions of preparation set out in the partnership instrument and the work plan.
1
st § The public administration will supply specific m anuals to the civil society organizations at
the signing of the partnerships, assuming the exist ence of a simplification and streamlining of
procedures. (
Wording amended by Law no. 13.204, of 2015)
2
nd § Any changes in the content of the manuals referred to in the 1st § of this Article must be
previously reported to the civil society organizati on and published in the official communication.
3
rd§ The regulation will establish simplified procedu res for accountability. ( Wording
amended by Law no. 13.204, of 2015)
Art. 64. Accountability submitted by the civil soci ety organization should contain information that
allow the manager of the partnership to assess prog ress and conclude that their objective was
executed as agreed upon, with a detailed descriptio n of activities and evidence of achievement
of goals and expected results, by the period mentio ned accountability.
1
st§ Amounts related to goals and results breached wi thout sufficient justification will be
disallowed. (
Wording amended by Law no. 13.204, of 2015)
2
nd§ Financial data will be analyzed in order to esta blish the causal link between the revenue
and expenditure incurred, and its conformity and co mpliance with the relevant standards.
3
rd § The analysis of accountability should consider the real truth and the results achieved.
4
th § The accountability of the partnership will obse rve specific rules according to the amount of
public funds involved, in accordance with the provi sions and procedures as provided for in the
work plan and the term of collaboration or fosterin g.
Art. 65. The accountability and all actions flowing from it will give an electronic platform, allowing
it to be viewed by any interested party. (
Wording amended by Law no. 13.204, of 2015)
Art. 66. Accountability related to the implementati on of the term of collaboration or fostering will
occur through analyzing the documents provided for in the work plan, pursuant to item IX of art.
22 in addition to the following reports:
I – a report on the implementation of the objective , prepared by the civil society organization,
containing the activities or projects developed for the fulfillment of the objective and the
comparison of proposed goals with the results achie ved; (
Wording amended by Law no.
13.204, of 2015)
II – report on the financial execution of the term of collaboration or term of fostering, describing
the costs and actual revenue collections and their connection with the execution of the object, in
case of noncompliance of goals and outcomes set out in the work plan. (
Wording amended by
Law no. 13.204, of 2015)
Sole paragraph. The public administration must also consider the following internally prepared
reports in their analysis, if any: (
Wording amended by Law no. 13.204, of 2015)
I – on-site technical visit report possibly held du ring the implementation of the partnership:
(
Wording amended by Law no. 13.204, of 2015)
II – monitoring and evaluation technical report, ap proved by the monitoring committee and
designating an assessment on the conformity of comp liance with the object and the results
achieved during the implementation of the term of c ollaboration or fostering.
Art. 67. The manager will issue a technical opinion for the accounting analysis of the signed
partnership.
§ 1st In the case of single accounts, the manager will submit a conclusive technical opinion for
the purposes of assessing compliance with the objec t. (Wording amended by Law no.
13.204, of 2015)
§ 2nd If the duration of the partnership exceeds o ne year, the civil society organization must
submit accounts at the end of each year in order to monitor compliance with the goals of the
object. (Wording amended by Law no. 13.204 , of 2015)
§ 3rd (Repealed). (Wording amended by Law no. 13.204, of 2015)
§ 4th For the purposes of evaluating the efficienc y and effectiveness of the actions to be
executed or that already being performed, the techn ical opinions dealing with this article must
obligatorily mention: Wording amended b y Law no. 13.204, of 2015)
I – the results already achieved and their benefits ;
II – economic or social impacts;
III – the target audience’s degree of satisfaction;
IV – the possibility of sustaining the actions afte r the conclusion of the agreed upon object.
Art. 68. The documents included by the entity on th e electronic platform provided for in article
65, provided they have a guarantee of origin and it s signatory through a digital certification, will
be considered as an original for accounting purpose s.
Sole paragraph. Over a period of 10 (ten) years, fr om the subsequent business day of providing
the accounting, the entity shall keep the documents on file that comprise the accounting.
Section II
Terms
Art. 69. The civil society organization will repor t the good and regular use of funding received
within ninety days from the end of the partnership or at the end of each year, if the duration of
the partnership exceeds one year. (W ording a mended by Law no. 13.204, of 2015)
§ 1st The terms for the final presentation of acco unts will be established in accordance with the
complexity of the partnership objective. (W ording amended by Law no. 13.204, of 2015)
§ 2nd The provisions in the caput do not prevent t he public administration from promoting the
establishment of special accounts taken before the end of the partnership, before evidence of
irregularities in the implementation of the objecti ve. (W ording amended by Law no. 13.204,
of 2015)
§ 3rd In the event of the § 2nd, the obligation of accounting arises at the time of the release of
funds involved in the partnership. (Wording amended by Law no. 13.204, of 2015)
§ 4th The terms referred to in the caput may be ext ended for up to 30 (thirty) days, unless duly
justified.
§ 5th The conclusive manifestation on accounting by the public administration will observe the
time limits provided for in this Law, being conclud ed, alternatively, by: (Wording amended
by Law no. 13.204, of 2015)
I – approval of the rendering of accounts;
II – approval of the rendering of accounts with exceptions; or (Wording amended by Law no.
13.204, of 2015)
III – rejection of the rendering of accounts and a determination of immediate establishment of
the taking of special accounts. (Wording am ended by Law no.13.204, of 2015)
§ 6th The improprieties that gave rise to the reje ction of the rendering of accounts will be
registered on an electronic platform for public acc ess, being taken into account when signing
future partnerships with the public administration, as defined in the regulation. (Wording
amended by Law no. 13.204, of 2015)
Art. 70. An irregularity or omission contained in t he rendering of accounts will be granted time
for the civil society to remedy the problem or fulf ill the obligation.
§ 1st The term referred to in the caput is limited to 45 (forty five) days of notification, which may
be extended, at most, for the same period within wh ich the public administration has to examine
and decide on the rendering of accounts and results of the proof.
§ 2nd The elapsed time period for remedying an irre gularity or omission, not having a remedy,
the competent administrative authority, subject to joint liability, should adopt measures to
investigate the facts, identify those responsible, quantify the damage and obtain compensation
under the current legislation.
Art. 71. The public administration will consider th e final of the accounts submitted within one
hundred and fifty days from the date of receipt or the fulfillment of diligence that it will determine,
justifiably extendable for the same period. (
Wording amended by Law no. 13.204, of 2015)
1
st § (Repealed). ( Wording amended by Law no. 13.204, of 2015)
2
nd § (Repealed). ( Wording amended by Law no. 13.204, of 2015)
3
rd§ (Repealed). ( Wording amended by Law no. 13.204, of 2015)
4
th§ The course of the deadline set under the chapter heading without accounts having been
appreciated: (
Wording amended by Law no. 13.204, of 2015)
I – does not mean the impossibility of appreciation at a later date or seal to which they adopt
remedial measures, punitive or intended, to compens ate damage that may be caused to the
public coffers;
II – in cases where fraud by the civil society orga nization or its agents was not observed, subject
to inflation adjustment, prevents the incidence of default on debts possibly calculated interest for
the period between the end of the period referred t o in this paragraph and the date which was
finalized to the appreciation by the public adminis tration. (
Wording amended by Law no.
13.204, of 2015)
Art. 72. Accounts will be evaluated:
I – regular, when expressed in a clear and objectiv e manner, the objectives and targets set out
in the work plan; (
Wording amended by Law no. 13.204, of 2015)
II – regular with restriction, when they show impro priety or any other lack of a formal nature that
does not result in damage to the treasury; (
Wording amended by Law no. 13.204, of 2015)
III – irregular, when any of the following circumstances are proven: ( Wording amended by
Law no. 13.204, of 2015)
a) omission in the duty of accounting;
b) unjustifiable incompliance with the objectives a nd goals established in the work plan;
(
Wording amended by Law no. 13.204, of 2015)
c) damage to the treasury due to an act of illegiti mate or anti-economic management;
d) embezzlement or misuse of money, assets or publi c values.
1
st § The public administrator is responsible for the decision on the approval of accountability or
omission in relation to the analysis of its content s, taking into consideration, in the first case, the
technical, financial and legal opinions, with deleg ation permitted to subordinate authorities,
prohibited sub-delegation. (
Included by Law no. 13.204, of 2015)
2
nd § W hen accountability is assessed as irregular, a fter the appeals process is exhausted and
if the decision is maintained, the civil society or ganization may request authorization for
reimbursement to the treasury to be promoted throug h compensatory actions of public interest,
by submitting a new work plan, conforming to the ob jective described in the term of
collaboration or fostering and the organization’s a rea of expertise, whose economic
measurement will be done from the original work pla n, since there has been no bad faith or
fraud and a full refund of resources is not the cas e. (
Included by Law no. 13.204, of 2015)
CHAPTER V
LIABILITY AND SANCTIONS
Section I
Administrative Sanctions to the Entity
Art. 73. Through the implementation of partnership at odds with the work plan and the rules of
this law and the specific legislation, the public a dministration may guaranteed prior defense, to
apply to the civil society organization the followi ng sanctions: (
Wording amended by
Law no. 13.204, of 2015)
I – a warning;
II –temporary suspension from participating in cal l for public comment and impediment to
entering into a partnership or contract with agenci es and entities of the sphere of public
administration of the public administration sanctio ned, for a period not exceeding two years;
(
Wording amended by Law no. 13.204, of 2015)
III – declaration of unfitness to participate in a call for public comment or enter into a partnership
or contract with agencies and entities of all level s of public administration, while pondering the
decisive reasons for punishment or until rehabilita tion is promoted before the very authority
which imposed the fine, which will be granted whene ver the civil society organization reimburse
the public administration for damages resulting fro m and following the expiry of the penalty
imposed on the basis of section 11. (
Wording amended by Law no. 13.204, of 2015)
1
st § The sanctions established in sections II and II I are the sole jurisdiction of the Minister of
State or State, District or Municipal Department, a s appropriate, facilitating the defense of the
interested party in the respective proceedings, wit hin ten days of the opening of view, and can
have rehabilitation be required after two years of the penalty. (
Wording amended by Law no.
13.204, of 2015)
2nd § To limit to five years, counted from the date of submission of accountability, the application
of penalties arising from violations related to the implementation of the partnership.
(
Included by Law no. 13.204, of 2015)
3
rd§ The limitation is interrupted by the editing of the administrative act aimed at determining
the infringement. (
Included by Law no. 13.204, of 2015)
Section II
Responsibility for the Implementation and Issuance of Technical Opinions
Art. 74. (VETOED)
Art. 75. (
Repealed by Law no. 13.204, of 2015)
Art. 76. (
Repealed by Law no. 13.204, of 2015)
Section III
Acts of Administrative Misconduct
Art. 77. Art. 10 of Law no. 8.429 of June 2, 1993, becomes effective with the following changes:
(In Effect)
“ Art. 10
………………………………………………………………………………………………………………
……………………………………………………………………………………………
VIII – thwart the legality of the bidding process o r selection process for entering into partnerships
with nonprofits, or dismiss them unduly;
……………………………………………………………………………………………………………….
XVI – facilitate or contribute, in any way, to the incorporation, the private assets of individuals or
businesses, goods, incomes, money or public funds t ransferred by the public administration to
private entities by entering into partnerships with out compliance with the legal or regulatory
formalities applicable to the species;
XVII – allow or contribute to that an individual or legal entity uses goods, incomes, money or
public funds transferred by the public administrati on to a private entity by entering into
partnerships without compliance with the legal or r egulatory formalities applicable to the
species;
XVIII – enter into public administration partnershi ps with private entities without observing the
legal or regulatory formalities applicable to the s pecies;
XIX – act negligently in entering into, monitoring and analysis of the accountability of
partnerships signed by the public administration wi th private entities; (
Wording amended by
Law no. 13.204, of 2015)
XX – release funds from the signed partnerships for public administration with private entities
without the strict observance of relevant standards or affect in any way for their irregular
application. (
Wording amended by Law no. 13.204, of 2015)
XXI – release funds from the signed partnerships fo r public administration with private entities
without the strict observance of relevant standards or affect in any way for their irregular
application. (NR)
Art. 78. Article 11 of Law no. 8.429 of June 2, 1992, shall henceforth include the following
section VIII: (In Effect)
“Art. 11
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
…………………………………………………………..
VIII – incompliance to the norms related to the sig ning, supervision and approval of partnerships
accounts for public administration with private ent ities.” (NR)
Art. 78-A. Article 23 of Law no. 8.429 of June 2, 1 992, shall henceforth include the following
section III: (
Included by Law no. 13.204, of 2015) (In Effect)
“Art. 23.
………………………………………………………………………………………………………………
………………………………
III – up to five years from the date of submission to the public administration of providing final
accounts by the entities referred to in paragraph o f art. 1 of this Law.’ (NR)”
CHAPTER VI
FINAL PROVISIONS
Art. 79. (VETOED)
Art. 80. The processing of purchases and contractin g involving financial resources a from
partnership may be made through an electronic syste m provided by the public administration to
civil society organizations, open to the public via the Internet, to allow interested parties to
formulate proposals. (
Wording amended by Law no. 13.204, of 2015)
Sole paragraph. The Unified Suppliers Registration System – SICAF, maintained by the
Brazilian Public administration, is available to ot her federal entities for the purposes of the
provisions of the chapter heading, subject to the u se by their own systems. (
Included by
Law no. 13.204, of 2015)
Art. 81. Authorization through the Brazilian Federa l Public administration, States, Municipalities
and the Federal District may adhere to the Covenant s and Transfer Agreements Management
System – SICONV to use its features in compliance w ith this Law.
Art. 81-A. Until it is made possible to the adaptio n of the system refered to in art. 81 or their
counterparts in other units of the federation: (
Included by Law no. 13.204, of 2015)
I – routines provided before the entry into force o f this Law for the transfer of funds to civil
society organizations arising from partnerships hel d under this Law will be used;
(
Included by Law no. 13.204, of 2015)
II – Municipalities of up to one hundred thousand p eople will be allowed to carry out
accountability and acts arising from it without usi ng the electronic platform provided for in art.
65. (
Included by Law no. 13.204, of 2015)
Art. 82. (VETOED)
Art. 83. Existing partnerships at the time of entry into force of this Law shall remain governed by
the law at the time of its signing, subject to the subsidiary application of this Law, in that it is
appropriate, provided it is for the benefit of the scope of the partnership objective
1
st§ Partnerships dealt with in the chapter heading m ay be extended ex-officio, in the case of a
delay in the release of funds by the public adminis tration, for a period equivalent to the delay.
(
Wording amended by Law no. 13.204, of 2015)
2
nd § The partnerships entered into for an indefinite period before the entry into force of this
Law, or extended for a period longer than initially established, within one year after the date of
entry into force of this Law, shall be either: (
Wording amended by Law no. 13.204, of 2015)
I – substituted with instruments provided for in ar ts. 16 or 17, when applicable; (
Included by
Law no. 13.204, of 2015)
II – object of unilateral termination by the public administration. (
Included by Law no. 13.204, of
2015)
Art. 83-A. (VETOED) (
Included by Law no. 13.204, of 2015)
Art. 84. Does not apply to partnerships governed by this Law of the provisions of Law No. 8.666
of June 21, 1993. (
Wording amended by Law no. 13.204, of 2015)
Sole paragraph. The following agreements are ruled by art. 116 of Law No. 8.666, of June 21,
1993: (
Included by Law no. 13.204, of 2015)
I – between federal entities or entities related to them
(Included by Law no. 13.204, of 2015)
II – resulting from the application of section IV o f art. 3.
(Included by Law no. 13.204, of 2015)
Art. 84-A. After the effective date of this Law, wi ll only be entered into agreements in the event
of the sole paragraph of art. 84.
(Included by Law no. 13.204, of 2015)
Art. 84-B. Civil society organizations will be enti tled to the following benefits, regardless of
certification:
(Included by Law no. 13.204, of 2015)
I – to receive donations from companies, up to a li mit of 2% of their gross revenue;
(Included by Law no. 13.204, of 2015)
II – receive movable assets considered irrecoverabl e, seized, abandoned or available,
administered by the Federal Revenue Service of Braz il;
(Included by Law no. 13.204, of 2015)
III – distribute or promise to distribute prizes th rough drawings, gift certificates, contests or
similar operations, in order to raise additional re sources for its maintenance and fostering.
(Included by Law no. 13.204, of 2015)
Art. 84-C. The benefits provided for in art. 84-B w ill be granted to civil society organizations that
present, among their social objectives, at least on e of the following purposes:
(Included by
Law no. 13.204, of 2015)
I – promotion of social assistance;
(Included by Law no. 13.204, of 2015)
II – promotion of culture, defense and conservation of historic and artistic heritage;
(Included by Law no. 13.204, of 2015)
III – promotion of education;
(Included by Law no. 13.204, of 2015)
IV – promotion of health; (Included by Law no. 13.204, of 2015)
V – promotion of food and nutritional security;
(Included by Law no. 13.204, of 2015)
VI – defense, preservation and conservation of the environment and promotion of sustainable
development;
(Included by Law no. 13.204, of 2015)
VII – promotion of volunteerism;
(Included by Law no. 13.204, of 2015)
VIII – promotion of economic and social development and combating poverty;
(Included by
Law no. 13.204, of 2015)
IX – the non-profit experimentation of new socio-pr oductive models and alternative systems of
production, trade, employment and credit;
(Included by Law no. 13.204, of 2015)
X – promotion of established rights, creation of ne w rights and free judicial assistance of
supplementary interest;
(Included by Law no. 13.204, of 2015)
XI – promotion of ethics, peace, citizenship, human rights, democracy and other universal
values;
(Included by Law no. 13.204, of 2015)
XII – religious organizations that are dedicated to activities in the public interest and socially
oriented that are distinct from those aimed at excl usively religious purposes;
(Included by Law no. 13.204, of 2015)
XIII – studies and research, the development of alt ernative technologies, production and release
of information and technical and scientific knowled ge in respect to the to activities mentione in
this article.
(Included by Law no. 13.204, of 2015)
Sole paragraph. It is forbidden for entities benefi ting from art. 84-B to participate in a political
party or electoral interest campaigns, under any me ans or forms.
(Included by Law no.
13.204, of 2015)
Art. 85. The 1
st Article of Law no. 9.790 of March 23, 1999, shall henceforth include the
following wording:
“1
st Article. Legal entities of private non-profit orga nizations that have been
established and are in regular operation for at lea st three (3) years may qualify as a
Civil Society Organizations for the Public Interest , provided that their social objectives
and standards meet the statutory requirements estab lished by this Law. “(NR)
Art. 85-A. The 3rd Article of Law no. 9.790 of Marc h 23, 1999, shall henceforth include the
following section XIII:
(Included by Law no. 13.204, of 2015) (In Effect)
“3
rd
Art………………………………………………………………………………………………
…………………………………………………………………..
XIII – studies and research for the development, de livery and implementation of
technologies related to the mobility of persons, by any means of transport.
…………………………………………………………………………………………………
……………………… (NR)”
Art. 85-B. The sole paragraph of the 4
th art. Of Law no. 9.790 of march 23, 1999, shall
henceforth include the following wording:
(Included by Law no. 13.204, of 2015) (In
Effect)
4th Art. ………………………………………………………………
Sole paragraph. The participation of public employe es is permitted in the composition
of the boards or directors of the Civil Society Org anizations of Public Interest.’ (NR) “
Art. 86. Law no. 9.790 of March 23, 1999, shall hen ceforth include the following arts. 15-A and
15-B: (In Effect)
“Art. 15-A. (VETOED).”
“Art. 15-B Accountability related to the implementa tion of the Partnership Agreement pertanant
to the state entity partner refers to the correct a pplication of public funds received and the due
performance of the Partnership Agreement of the obj ective through submitting the following
documents:
I – annual progress report on the implementation of activities specifically containing a report on
the implementation of the objective of the Partners hip Agreement, as well as a comparison
between the goals and the results achieved;
II – full statement of revenue and expenditure incu rred in the implementation;
III – statement of the physical and financial execu tion;
IV – income statement for the year;
V – balance sheet;
VI – statement of sources and uses of funds;
VII – statement of changes in equity;
VIII – notes to the financial statements, if requir ed;
IX – opinion and the audit report, if any. “
Art. 87. The requirements of transparency and publi city envisioned at all stages involving the
partnership, from the preparatory phase to the end of accountability, in what is required, will be
exempted when dealing with protection program for t hreatened people or a situation that may
compromise their safety, according to the regulatio ns. (
Wording amended by Law no. 13.204,
of 2015)
Art. 88. This Law shall enter into effect after the expiry of five hundred and forty days of its
official publication, subject to the provisions in §§ 1st and 2nd of this article. (
Wording
amended by Law no. 13.204, of 2015)
1
st§ For municipalities, this Act shall enter into ef fect as of January 1, 2017. ( Included by
Law no. 13.204, of 2015)
2
nd § For the local administrative act, the provisions of this Law may be implemented in the
municipalities from the date resulting from the pro visions in the chapter heading.
Brasilia, July 31, 2014; 193
rd of Independence and 126 th of the Republic.
DILMA ROUSSEFF
José Eduardo Cardozo
Guido Mantega
Miriam Belchior
Tereza Campello
Clélio Campo/ina Diniz
Vinícius Nobre Lages
Gilberto Carvalho
Luís Inácio Lucena Adams
Jorge HageSobrinho
This text does not replace the one published in the Official Gazette of the 1
st .8.2014