THE VICE-PRESIDENT OF THE REPUBLIC, in the exercise of the office of PRESIDENT OF THE REPUBLIC, I hereby make known that the National Congress decrees and I sanction the following Law:

Chapter I General Provisions

Art. 1º

This Law establishes the National Civil Protection and Defense Policy (PNPDEC), provides for the National Civil Protection and Defense System (SINPDEC) and the National Civil Protection and Defense Council (CONPDEC), authorizes the creation of a disaster information and monitoring system and provides other measures.

Sole paragraph. The technical definitions for application of this Law shall be established by an act of the federal Executive Branch.

Sole paragraph. For the purposes of this Law, the following are considered: (Wording given by Law 14,750, of 2023)

1. accident: defined event or sequence of fortuitous and unplanned events that give rise to a specific and undesired consequence of human, material or environmental damages; (Added by Law 14,750, of 2023)
2. (VETOED) (Added by Law 14,750, of 2023)
3. shelterless: a person who has been forced to abandon their housing temporarily or permanently due to preventive evacuations, destruction or serious damage resulting from an accident or disaster and who needs shelter provided by SINPDEC or by the entrepreneur whose activity gave rise to the accident or disaster; (Added by Law 14,750, of 2023)
4. displaced person: a person who has been forced to abandon their housing temporarily or permanently due to preventive evacuations, destruction or serious damage resulting from an accident or disaster and who does not necessarily need shelter provided by SINPDEC or by the entrepreneur whose activity gave rise to the accident or disaster; (Added by Law 14,750, of 2023)
5. disaster: result of an adverse event, of natural origin or induced by human action, on vulnerable ecosystems and populations that causes significant human, material or environmental damage and economic and social losses; (Added by Law 14,750, of 2023)
6. state of public calamity: abnormal situation caused by a disaster causing damages and losses that imply the substantial impairment of the response capacity of the public power of the affected entity, in such a way that the situation can only be overcome with the aid of the other entities of the Federation; (Added by Law 14,750, of 2023)
7. contingency plan: a set of procedures and actions planned to prevent a specific accident or disaster or to respond to an emergency arising therefrom, including the definition of human and material resources for prevention, preparation, response and recovery, prepared on the basis of accident or disaster hypotheses, with the objective of reducing the risk of their occurrence or minimizing their effects; (Added by Law 14,750, of 2023)
8. prevention: planning, territorial-ordering and investment actions aimed at reducing the vulnerability of ecosystems and populations and at avoiding the occurrence of accidents or disasters or minimizing their intensity, through the identification, mapping and monitoring of risks and the training of society in civil protection and defense activities, among others established by the SINPDEC bodies; (Added by Law 14,750, of 2023)
9. preparation: actions aimed at preparing the SINPDEC bodies, the community and the private sector, including, among other actions, training, monitoring and the implementation of alert systems and of the infrastructure necessary to ensure an adequate response to accidents or disasters and to minimize damages and losses arising therefrom; (Added by Law 14,750, of 2023)
10. civil protection and defense: a set of prevention, preparation, response and recovery actions aimed at avoiding or reducing the risks of accidents or disasters, minimizing their socioeconomic and environmental impacts and reestablishing social normality, including the generation of knowledge about accidents or disasters; (Added by Law 14,750, of 2023)
11. recovery: a set of definitive actions taken after the occurrence of an accident or disaster, aimed at restoring ecosystems, reestablishing the destroyed setting and the living conditions of the affected community, fostering local socioeconomic development, recovering degraded areas and avoiding the reproduction of conditions of vulnerability, including the reconstruction of housing units and of public infrastructure and the recovery of services and economic activities, among other actions defined by the SINPDEC bodies; (Added by Law 14,750, of 2023)
12. disaster response: immediate actions with the aim of assisting the affected population and reestablishing the security conditions of the affected areas, including search and rescue of victims, first aid, pre-hospital, hospital, medical and surgical emergency care, without prejudice to attention to the population's chronic and acute problems, provision of food and means for its preparation, sheltering, supply of clothing and personal cleaning and hygiene products, supply and distribution of electricity and potable water, sanitary sewage, urban cleaning, stormwater drainage, public transport, traffic and communications, removal of debris and clearing of river beds, management of the deceased, and others established by the SINPDEC bodies; (Added by Law 14,750, of 2023)
13. disaster risk: probability of occurrence of significant social, economic, material or environmental damages resulting from an adverse event, of natural origin or induced by human action, on vulnerable ecosystems and populations; (Added by Law 14,750, of 2023)
14. emergency situation: abnormal situation caused by a disaster causing damages and losses that imply the partial impairment of the response capacity of the public power of the affected entity, and from which the need for complementary resources from the other entities of the Federation arises to address the situation; and (Added by Law 14,750, of 2023)
15. vulnerability: physical, social, economic or environmental fragility of a population or ecosystem in the face of an adverse event of natural origin or induced by human action. (Added by Law 14,750, of 2023)

Art. 2º

It is the duty of the Federal Union, the States, the Federal District and the Municipalities to adopt the measures necessary to reduce disaster risks.

It is the duty of the Federal Union, the States, the Federal District and the Municipalities to adopt the measures necessary to reduce the risks of accidents or disasters. (Wording given by Law 14,750, of 2023)

§ 1º The measures provided for in the caput may be adopted with the collaboration of public or private entities and society in general.

§ 2º Uncertainty about disaster risk shall not be an obstacle to the adoption of preventive and mitigating measures for the risk situation.

Chapter II On the National Civil Protection and Defense Policy (PNPDEC)

Section I · Guidelines and Objectives

Art. 3º

The PNPDEC covers the actions of prevention, mitigation, preparation, response and recovery directed at civil protection and defense.

Sole paragraph. The PNPDEC shall be integrated with the policies of territorial ordering, urban development, health, environment, climate change, water resources management, geology, infrastructure, education, science and technology, and with the other sector policies, with a view to promoting sustainable development.

Art. 4º

The guidelines of the PNPDEC are:

1. articulated action among the Federal Union, the States, the Federal District and the Municipalities for the reduction of disasters and support to affected communities;
2. systemic approach to prevention, mitigation, preparation, response and recovery actions;
3. priority to preventive actions related to minimizing disasters;
4. adoption of the river basin as the unit of analysis for actions to prevent disasters related to water bodies;
5. planning based on research and studies on risk areas and disaster occurrence in the national territory;
6. participation of civil society.

Art. 5º

The objectives of the PNPDEC are:

1. to reduce disaster risks;
2. to provide aid and assistance to populations affected by disasters;
3. to recover the areas affected by disasters;
4. to recover the areas affected by disasters, in such a way as to reduce risks and prevent recurrence; (Wording given by Law 14,750, of 2023)
5. to incorporate disaster risk reduction and civil protection and defense actions among the elements of territorial management and of the planning of sector policies;
6. to promote the continuity of civil protection and defense actions;
7. to encourage the development of resilient cities and sustainable urbanization processes;
8. to promote the identification and assessment of disaster threats, susceptibilities and vulnerabilities, so as to avoid or reduce their occurrence;
9. to monitor meteorological, hydrological, geological, biological, nuclear, chemical and other events potentially causing disasters;
10. to produce early alerts about the possibility of natural disasters;
11. to produce early alerts on account of the possibility of disasters; (Wording given by Law 14,750, of 2023)
12. to encourage the ordering of urban and rural land occupation, with a view to its conservation and to the protection of native vegetation, water resources and human life;
13. to combat the occupation of environmentally vulnerable and risk areas and to promote the relocation of the population residing in these areas;
14. to encourage initiatives that result in the allocation of housing in a safe location;
15. to develop national awareness about disaster risks;
16. to guide communities to adopt appropriate prevention and response behaviors in disaster situations and to promote self-protection; and
17. to integrate information into a system capable of supporting the SINPDEC bodies in forecasting and controlling the negative effects of adverse events on the population, on goods and services, and on the environment.
18. to include risk analysis and disaster prevention in the environmental licensing process of undertakings, in the hypotheses defined by the public power; and (Added by Law 14,750, of 2023)
19. to promote the accountability of the private sector in adopting preventive disaster measures and in preparing and implementing a contingency plan or related document. (Added by Law 14,750, of 2023)

Section II · On the Competences of the Federated Entities

Art. 6º

It is the competence of the Federal Union to:

1. issue rules for the implementation and execution of the PNPDEC;
2. coordinate the SINPDEC, in articulation with the States, the Federal District and the Municipalities;
3. promote studies on the causes and possibilities of occurrence of disasters of any origin, their incidence, extent and consequence;
4. support the States, the Federal District and the Municipalities in the mapping of risk areas, in studies for the identification of threats, susceptibilities, vulnerabilities and disaster risk, and in other actions of prevention, mitigation, preparation, response and recovery;
5. establish and maintain a disaster information and monitoring system;
6. establish and maintain a national registry of municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes;
7. establish and maintain a system for declaring and recognizing emergency situations or states of public calamity;
8. establish the National Civil Protection and Defense Plan;
9. perform meteorological, hydrological and geological monitoring of risk areas, as well as of biological, nuclear and chemical risks, and produce alerts on the possibility of disasters, in articulation with the States, the Federal District and the Municipalities;
10. establish criteria and conditions for the declaration and recognition of emergency situations and states of public calamity;
11. encourage the installation of university centers for teaching and research on disasters and of multidisciplinary centers for permanent and distance teaching, intended for research, extension and training of human resources, with a view to the management and execution of civil protection and defense activities;
12. promote research on the events that trigger disasters; and
13. support the teaching community in the development of pedagogical materials related to the development of a disaster prevention culture.
14. make additional transfers of resources to States and Municipalities with a state of public calamity or emergency situation recognized, within the scope of the Unified Health System (SUS), for priority and continued assistance to the physical and mental health of people affected by disasters, pursuant to item VII of the caput of art. 9º of this Law. (Added by Law 14,750, of 2023)

§ 1º The National Civil Protection and Defense Plan shall contain, at a minimum:

1. the identification of disaster risks in the geographic regions and large river basins of the country; and
2. the guidelines for governmental action on civil protection and defense at the national and regional level, especially regarding the meteorological, hydrological and geological monitoring network and biological, nuclear and chemical risks, and the production of early alerts for the regions at risk of disasters.
3. the criteria and guidelines for the classification of risk as low, medium, high and very high. (Added by Law 14,750, of 2023)

§ 2º The deadlines for the preparation and revision of the National Civil Protection and Defense Plan shall be defined in regulation.

§ 2º The National Civil Protection and Defense Plan shall be: (Wording given by Law 14,750, of 2023)

1. established within up to 18 (eighteen) months, counted from the publication of this Law; (Added by Law 14,750, of 2023)
2. submitted to annual evaluation and accountability, through a public hearing with broad dissemination; (Added by Law 14,750, of 2023)
3. updated every 3 (three) years, through a process of social mobilization and participation, including the holding of hearings and public consultations. (Added by Law 14,750, of 2023)

Art. 7º

It is the competence of the States to:

1. execute the PNPDEC within their territorial scope;
2. coordinate the actions of the SINPDEC in articulation with the Federal Union and the Municipalities;
3. establish the State Civil Protection and Defense Plan;
4. identify and map risk areas and carry out studies for the identification of threats, susceptibilities and vulnerabilities, in articulation with the Federal Union and the Municipalities;
5. perform meteorological, hydrological and geological monitoring of risk areas, in articulation with the Federal Union and the Municipalities;
6. support the Federal Union, when requested, in the recognition of emergency situations and states of public calamity;
7. declare, where applicable, a state of public calamity or emergency situation; and
8. support, whenever necessary, the Municipalities in surveying risk areas, in preparing Civil Protection and Defense Contingency Plans and in disseminating prevention and alert protocols and emergency actions.

Sole paragraph. The State Civil Protection and Defense Plan shall contain, at a minimum:

§ 1º The State Civil Protection and Defense Plan shall contain, at a minimum: (Added by Law 14,750, of 2023)

1. the identification of river basins at risk of disasters; and
2. the guidelines for governmental action on civil protection and defense at the state level, especially regarding the implementation of the meteorological, hydrological and geological monitoring network for basins at risk of disasters.

§ 2º The State Civil Protection and Defense Plan shall be: (Added by Law 14,750, of 2023)

1. (VETOED) (Added by Law 14,750, of 2023)
2. adapted to the National Civil Protection and Defense Plan within up to 24 (twenty-four) months after its publication; (Added by Law 14,750, of 2023)
3. submitted to annual evaluation and accountability, through a public hearing with broad dissemination; (Added by Law 14,750, of 2023)
4. updated every 2 (two) years, through a process of social mobilization and participation, including the holding of hearings and public consultations. (Added by Law 14,750, of 2023)

Art. 8º

It is the competence of the Municipalities to:

1. execute the PNPDEC at the local level;
2. coordinate the actions of the SINPDEC at the local level, in articulation with the Federal Union and the States;
3. incorporate civil protection and defense actions into municipal planning;
4. identify and map disaster risk areas;
5. promote the enforcement of disaster risk areas and prohibit new occupations in these areas;
6. V-A · carry out, in articulation with the Federal Union and the States, real-time monitoring of areas classified as of high and very high risk; (Added by Law 14,750, of 2023)
7. V-B · produce, in articulation with the Federal Union and the States, early alerts on the possibility of disasters, including by means of sirens and mobile telephone messages, to inform the population and guide them on behavioral standards to be observed in emergency situations; (Added by Law 14,750, of 2023)
8. declare an emergency situation and a state of public calamity;
9. inspect buildings and risk areas and promote, where appropriate, preventive intervention and evacuation of the population from high-risk areas or vulnerable buildings;
10. organize and administer temporary shelters to assist the population in disaster situations, under adequate conditions of hygiene and safety;
11. keep the population informed about risk areas and occurrence of extreme events, as well as about prevention and alert protocols and about emergency actions in disaster circumstances;
12. mobilize and train radio amateurs to act in the event of a disaster;
13. regularly carry out simulated drills, in accordance with the Civil Protection and Defense Contingency Plan;
14. promote the collection, distribution and control of supplies in disaster situations;
15. carry out the assessment of damages and losses in areas affected by disasters;
16. keep the Federal Union and the State informed about the occurrence of disasters and civil protection activities in the Municipality;
17. encourage the participation of private entities, voluntary associations, service clubs, non-governmental organizations and class and community associations in the actions of the SINPDEC and promote the training of volunteer associations to act jointly with the supported communities; and
18. provide a temporary housing solution for families affected by disasters.

Art. 9º

It is the competence of the Federal Union, the States and the Municipalities to:

1. develop a national disaster prevention culture, aimed at developing national awareness about disaster risks in the country;
2. encourage prevention behaviors capable of avoiding or minimizing the occurrence of disasters;
3. stimulate the reorganization of the productive sector and the economic restructuring of areas affected by disasters;
4. establish preventive safety measures against disasters in schools and hospitals located in risk areas;
5. offer human-resources training for civil protection and defense actions; and
6. provide data and information for the national disaster information and monitoring system.
7. provide priority and continued assistance to the physical and mental health of people affected by disasters, through the SUS, with periodic clinical and laboratory examinations, as needed by the assisting health professionals, pursuant to item II of the caput of art. 7º of Law 8,080, of September 19, 1990 (Organic Health Law), without prejudice to the duties of the entrepreneur provided for in this Law. (Added by Law 14,750, of 2023)

Chapter III On the National Civil Protection and Defense System (SINPDEC)

Section I · General Provisions

Art. 10

The SINPDEC is composed of the bodies and entities of the federal, State, Federal District and Municipal public administration and of the public and private entities with significant activity in the field of civil protection and defense.

Sole paragraph. The purpose of the SINPDEC is to contribute to the process of planning, articulation, coordination and execution of civil protection and defense programs, projects and actions.

Art. 11

The SINPDEC shall be managed by the following bodies:

1. advisory body: CONPDEC;
2. central body, defined by an act of the federal Executive Branch, with the purpose of coordinating the system;
3. the state and municipal regional civil protection and defense bodies; and
4. sector bodies of the 3 (three) levels of government.

Sole paragraph. Voluntary community organizations or other entities with significant activity in local civil protection and defense actions may participate in the SINPDEC.

Section II · On the National Civil Protection and Defense Council (CONPDEC)

Art. 12

The CONPDEC, a collegiate body integrating the Ministry of National Integration, shall have the purposes of:

1. assisting in the formulation, implementation and execution of the National Civil Protection and Defense Plan;
2. proposing rules for the implementation and execution of the PNPDEC;
3. issuing procedures for the implementation, execution and monitoring of the PNPDEC, observing the provisions of this Law and its regulation;
4. proposing procedures for the care of children, adolescents, pregnant women, elderly persons and persons with disabilities in disaster situations, observing the applicable legislation; and
5. monitoring compliance with the legal and regulatory provisions on civil protection and defense.

§ 1º The organization, composition and functioning of the CONPDEC shall be established by an act of the federal Executive Branch.

§ 2º The CONPDEC shall have representatives of the Federal Union, the States, the Federal District, the Municipalities and organized civil society, including representatives of communities affected by disasters and experts of recognized knowledge.

Chapter III-A (Added by Law 14,750, of 2023) On the Management of Accidents and Disasters Induced by Human Action

Art. 12-A (Added by Law 14,750, of 2023)

It is the duty of the public or private entrepreneur, according to the risk of accident or disaster and the associated potential damage of the undertaking, as defined by the public power, to adopt preventive measures of accident or disaster, by means of:

1. incorporation of risk analysis prior to the implementation of its undertakings and activities, as well as in any project changes and expansions and during the operation of the undertaking or activity;
2. preparation and implementation of a contingency plan or related document in the case of activities and undertakings with risk of accident or disaster;
3. continuous monitoring of factors related to its undertakings and activities that entail:
   1. medium or high risk of accident or disaster; or
   2. medium or high associated potential damage, in case of disaster;
4. continuous integration with the SINPDEC bodies and with society in general, informing them about the risk of accident or disaster related to its undertaking or activity, as well as the procedures to be adopted in their occurrence, through public documents and open information systems;
5. regular and periodic carrying out of simulated drills with the potentially affected population, in accordance with the contingency plan or related document and with the participation of the SINPDEC bodies;
6. immediate notification to the SINPDEC bodies about any change in the safety conditions of its undertaking or activity that may imply a threat of accident or disaster; and
7. provision of resources necessary to guarantee the safety of the undertaking or activity and reparation of damages to human life, the environment and public assets, in case of accident or disaster.

Art. 12-B (Added by Law 14,750, of 2023)

The issuance of an environmental installation license, provided for in Law 6,938, of August 31, 1981, for undertakings that involve disaster risk, shall be conditional on the preparation of a contingency plan or related document by the entrepreneur.

Art. 12-C (Added by Law 14,750, of 2023)

In the imminence or occurrence of an accident or disaster related to its undertaking or activity, it is the duty of the entrepreneur to:

1. issue early alerts to the population for immediate evacuation of the potentially affected area;
2. accompany and provide technical advice to the public power in all disaster response actions and ensure, in particular, aid and assistance to those affected;
3. provide temporary residence to those affected and promote the reconstruction of residences destroyed or damaged by the disaster or, where applicable, bear the costs of the public power actions to promote resettlement and ensure permanent housing in an appropriate location for the citizens who were forced to permanently abandon their homes due to the disaster;
4. offer specialized care to those affected, with a view to full social reintegration;
5. recover the degraded area and promote the full reparation of civil and environmental damages;
6. pay indemnity or provide priority and continued assistance to the physical and mental health of those affected by disasters, independently of that provided by the public power; and
7. bear the cost of independent technical advisory services, of a multidisciplinary nature, chosen by the affected communities and without interference from the entrepreneur, with the aim of guiding them and promoting their informed participation in the entire process of full reparation of the damages suffered.

Sole paragraph. The resettlement of shelterless persons shall be executed by the public power and shall be accompanied by independent multidisciplinary advisory services, funded by the entrepreneur, through negotiation with the affected community.

Art. 12-D (Added by Law 14,750, of 2023)

Without prejudice to the requirements established in specific legislation, the contingency plan or related document, to be prepared and implemented by the entrepreneur, shall contain, at a minimum:

1. the delimitation of potentially affected areas, indicating those that must be subjected to special control and prohibited for urban land subdivision, use and occupation;
2. the alert system for the potentially affected population, the escape routes and the safe points to be reached at the moment of the accident or disaster;
3. the description of the response actions to be developed and the organization responsible for each one of them, including medical, hospital and psychological care for those affected, the strategy for distributing donations and supplies, and shelter locations; and
4. the organization of simulated drills, with the participation of the population and the SINPDEC bodies, carried out periodically and whenever there is a change in the contingency plan or related document.

Sole paragraph. Without prejudice to the requirements established in specific legislation, the contingency plan or related document shall be periodically reviewed, as established by the supervisory body, and whenever changes in the characteristics of the undertaking imply new risks or an increase in the degree of risk of accident or disaster.

Art. 12-E (Added by Law 14,750, of 2023)

In the establishment of an undertaking or activity with risk of disaster under its responsibility, the entrepreneur is required to carry out a demographic registry, which may be prepared by a public or private firm, periodically updated, as defined by the supervisory body, in the potentially affected areas, as so defined in the environmental licensing process established in Law 6,938, of August 31, 1981, and in the contingency plan or related document.

Sole paragraph. The data of the registry referred to in the caput of this article shall be entirely available to the SINPDEC bodies.

Art. 12-F (Added by Law 14,750, of 2023)

The permanence of schools and hospitals in disaster risk areas is forbidden.

Sole paragraph. It is the obligation of the entrepreneur to relocate schools and hospitals to a safe location prior to the implementation of its undertaking, in agreement with the maintainers of those institutions.

Chapter IV Final Provisions

Art. 13

The creation of a disaster monitoring information system is authorized, in a computerized environment, which shall operate through a database shared among the members of the SINPDEC, with a view to offering updated information for prevention, mitigation, alert, response and recovery in disaster situations throughout the national territory.

Art. 14

The housing programs of the Federal Union, the States, the Federal District and the Municipalities shall prioritize the relocation of affected communities and of residents of risk areas.

Art. 15

The Federal Union may maintain a specific credit line, through its official financial development agencies, for working capital and investment of business companies, individual entrepreneurs and individuals or legal entities in Municipalities affected by disaster that have had the emergency situation or the state of public calamity recognized by the federal Executive Branch.

Art. 16

The Federal Union is authorized to grant an incentive to the Municipality that adopts measures aimed at increasing the supply of urbanized land for use in social interest housing, through the instruments provided for in Law 10,257, of July 10, 2001, as set forth in regulation.

Sole paragraph. The incentive referred to in the caput shall include the transfer of resources for the acquisition of land destined for social interest housing programs.

Art. 17

In situations of imminence or occurrence of disaster, the competent bodies are authorized to transfer goods seized in operations to combat and suppress crimes to the civil protection and defense bodies.

Art. 18

For the purposes of this Law, the following are considered civil protection and defense agents:

1. the political agents of the Federal Union, the States, the Federal District and the Municipalities responsible for the senior direction of the SINPDEC bodies;
2. the public agents responsible for the coordination and direction of public bodies or entities providing civil protection and defense services;
3. the public agents holding civil or military public office, employment or function, with attributions relating to the provision or execution of civil protection and defense services; and
4. the volunteer agents, linked to private entities or providers of voluntary services who exercise, in a supplementary capacity, services related to civil protection and defense.

Sole paragraph. The SINPDEC bodies shall adopt, within the scope of their competences, the pertinent measures to ensure the professionalization and qualification, on a permanent basis, of the public agents referred to in item III.

Art. 18-A (Added by Law 15,367, of 2026)

Federal public servants in service at the central body of the SINPDEC may, pursuant to the regulation, perform their activities in a special regime of shifts or rotations, when the activities require continuous and uninterrupted services, with a workday exceeding 8 (eight) hours per day, provided they act in:

1. mitigation actions for emergencies and disasters; and
2. preparation, response and recovery actions in areas affected by disasters, including monitoring, mobilization and emergency processes.

Art. 19

The competences attributed in this Law to the States and the Municipalities apply to the Federal District.

Art. 20

The heading of Law 12,340, of December 1, 2010, shall be in force with the following wording:

"Provides for the transfer of resources from the Federal Union to the bodies and entities of the States, the Federal District and the Municipalities for the execution of response and recovery actions in areas affected by disaster, and on the Special Fund for Public Calamities; and provides other measures."

Art. 21

Arts. 4º and 5º of Law 12,340, of December 1, 2010, shall be in force with the following wording:

"Art. 4º Transfers from the Federal Union to the bodies and entities of the States, the Federal District and the Municipalities for the execution of response and recovery actions are mandatory, observing the requirements and procedures provided for in this Law.

§ 1º The actions referred to in the caput shall be defined in regulation, and the central body of the SINPDEC shall define the amount of resources to be transferred, by deposit into a specific account maintained by the beneficiary entity in an official federal financial institution, according to its budgetary and financial availability and based on information obtained from the federated entity.

§ 2º In the case of execution of recovery actions, the beneficiary entity shall submit a work plan to the central body of the SINPDEC within a maximum of 90 (ninety) days from the occurrence of the disaster. (NR)

Art. 5º The central body of the SINPDEC shall monitor and supervise the application of the resources transferred under art. 4º.

...........................................................................................................................................................

§ 2º The beneficiary entities of the transfers referred to in the caput shall submit to the central body of the SINPDEC the accountability of the total resources received, as set forth in regulation.

§ 3º The beneficiary entities shall keep, for a period of 5 (five) years, counted from the date of approval of the accountability referred to in § 2º, the documents related to it, including the proof of payments made with the financial resources transferred under this Law, and shall be required to make them available, whenever requested, to the central body of the SINPDEC, the TCU (Federal Court of Accounts) and the Internal Control System of the federal Executive Branch. (NR)"

Art. 22

Law 12,340, of December 1, 2010, shall be in force as supplemented by the following arts. 3º-A, 3º-B and 5º-A:

"Art. 3º-A. The Federal Government shall establish a national registry of municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes, as set forth in regulation.

§ 1º Enrollment in the registry provided for in the caput shall occur on the initiative of the Municipality or by indication of the other federated entities, observing the criteria and procedures provided for in regulation.

§ 2º Municipalities included in the registry shall:

1. prepare a mapping containing the areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes;
2. prepare a Civil Protection and Defense Contingency Plan and establish municipal civil defense bodies, in accordance with the procedures established by the central body of the National Civil Protection and Defense System (SINPDEC);
3. prepare a plan for the implementation of works and services for disaster risk reduction;
4. create control and enforcement mechanisms to prevent construction in areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes; and
5. prepare a geotechnical chart of urbanization suitability, establishing urban-planning guidelines aimed at the safety of new land subdivisions and at the use of aggregates for civil construction.

§ 3º The Federal Union and the States, within the scope of their competences, shall support the Municipalities in carrying out the measures provided for in § 2º.

§ 4º Without prejudice to the monitoring actions carried out by the States and Municipalities, the Federal Government shall periodically publish information on the evolution of occupations in areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes in the Municipalities included in the registry.

§ 5º The information referred to in § 4º shall be forwarded, for knowledge and action, to the Executive and Legislative Branches of the respective States and Municipalities and to the Public Prosecutor's Office.

§ 6º The Civil Protection and Defense Contingency Plan shall be prepared within 1 (one) year, being submitted to annual evaluation and accountability, through a public hearing, with broad dissemination.

Art. 3º-B. Once the existence of occupations in areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes is verified, the municipality shall adopt the measures for risk reduction, among which, the execution of a contingency plan and safety works and, when necessary, the removal of buildings and the resettlement of the occupants in a safe location.

§ 1º The removal shall only take place upon prior observance of the following procedures:

1. carrying out an inspection on site and preparing a technical report that demonstrates the risks of the occupation to the physical integrity of the occupants or third parties; and
2. notification of the removal to the occupants, accompanied by a copy of the technical report and, where appropriate, information on the alternatives offered by the public power to ensure their right to housing.

§ 2º In the case of removal of buildings, measures shall be adopted to prevent reoccupation of the area.

§ 3º Those who have had their homes removed shall be sheltered, when necessary, and registered by the Municipality to guarantee permanent housing assistance, in accordance with the criteria of public social interest housing programs.

Art. 5º-A. Once defects in the documents presented are found, at any time, or the absence of the declared state of public calamity or emergency situation, the administrative act that authorized the carrying out of the mandatory transfer shall lose its effect, and the beneficiary entity shall be required to return the amounts transferred, duly updated.

Sole paragraph. Without prejudice to the provisions of the caput, if indications of falsification of documents by the federated entity arise, the Federal Public Prosecutor's Office and the respective State Public Prosecutor's Office shall be notified, for adoption of the appropriate measures."

Art. 23

The granting of license or building permit in risk areas indicated as non-buildable in the Master Plan or in legislation derived from it is forbidden.

Art. 24

Item VI of art. 2º of Law 10,257, of July 10, 2001, shall be in force as supplemented by the following item h:

"Art. 2º .................................................................................................

..........................................................................................................................................................

VI, ............................................................................................................................

...........................................................................................................................................................

h) the exposure of the population to disaster risks.

.................................................................................................................................................... (NR)."

Art. 25

Art. 41 of Law 10,257, of July 10, 2001, shall be in force as supplemented by the following item VI:

"Art. 41. ..........................................................................................................................................

.............................................................................................................................................................

VI, included in the national registry of Municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes.

.............................................................................................................................................................. (NR)"

Art. 26

Law 10,257, of July 10, 2001, shall be in force as supplemented by the following arts. 42-A and 42-B:

"Art. 42-A. In addition to the content provided for in art. 42, the Master Plan of Municipalities included in the national registry of municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes shall contain:

1. parameters for subdivision, use and occupation of land, so as to promote the diversity of uses and contribute to the generation of employment and income;
2. mapping containing the areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes;
3. planning of preventive intervention actions and relocation of populations from disaster risk areas;
4. urban drainage measures necessary for the prevention and mitigation of disaster impacts; and
5. guidelines for the land regularization of irregular urban settlements, if any, observing Law 11,977, of July 7, 2009, and other pertinent federal and state rules, and provision of areas for social interest housing through the demarcation of special zones of social interest and other urban policy instruments, where housing use is permitted.

§ 1º The identification and mapping of risk areas shall take the geotechnical charts into account.

§ 2º The content of the Master Plan shall be compatible with the provisions contained in the water resources plans, formulated pursuant to Law 9,433, of January 8, 1997.

§ 3º The Municipalities shall adapt the Master Plan to the provisions of this article on the occasion of its revision, observing the legal deadlines.

§ 4º The Municipalities included in item VI of art. 41 of this Law and that do not have an approved Master Plan shall have a period of 5 (five) years to submit it for approval by the Municipal Council.

Art. 42-B. Municipalities that intend to expand their urban perimeter after the date of publication of this Law shall prepare a specific project containing, at a minimum:

1. demarcation of the new urban perimeter;
2. delimitation of the stretches with urbanization restrictions and of the stretches subject to special control on account of the threat of natural disasters;
3. definition of specific guidelines and of areas to be used for infrastructure, road system, urban and social public equipment and facilities;
4. definition of parameters for subdivision, use and occupation of land, so as to promote the diversity of uses and contribute to the generation of employment and income;
5. provision of areas for social interest housing through the demarcation of special zones of social interest and other urban policy instruments, when housing use is permitted;
6. definition of specific guidelines and instruments for environmental and historical-cultural heritage protection; and
7. definition of mechanisms to ensure the just distribution of the burdens and benefits resulting from the urbanization process of the urban expansion territory and the recovery for the community of the real estate appreciation resulting from the action of the public power.

§ 1º The specific project referred to in the caput of this article shall be established by municipal law and shall comply with the guidelines of the Master Plan, where one exists.

§ 2º When the Master Plan contemplates the requirements established in the caput, the Municipality shall be exempted from preparing the specific project referred to in the caput of this article.

§ 3º The approval of land subdivision projects in the new urban perimeter shall be conditional on the existence of the specific project and shall comply with its provisions."

Art. 27

Art. 12 of Law 6,766, of December 19, 1979, shall be in force with the following wording, renumbering the current sole paragraph to § 1º:

"Art. 12. ..................................................................................................................................

§ 1º The approved project shall be executed within the period set in the execution schedule, on pain of lapse of the approval.

§ 2º In the Municipalities included in the national registry of municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes, the approval of the project referred to in the caput shall be conditional on compliance with the requirements contained in the geotechnical chart of urbanization suitability.

§ 3º The approval of land subdivision and lot-split projects is forbidden in risk areas defined as non-buildable in the Master Plan or in legislation derived from it. (NR)"

Art. 28

Art. 3º of Law 8,239, of October 4, 1991, which regulates §§ 1º and 2º of art. 143 of the Federal Constitution, providing for Alternative Service to Mandatory Military Service, shall be in force as supplemented by the following §§ 4º and 5º:

"Art. 3º ............................................................................................................................................

§ 4º The Alternative Service shall include training to act in areas affected by disaster, in emergency situations and states of calamity, executed in an integrated manner with the federal body responsible for the implementation of civil protection and defense actions.

§ 5º The Federal Union shall coordinate with the States and the Federal District for the execution of the training referred to in § 4º of this article. (NR)"

Art. 29

Art. 26 of Law 9,394, of December 20, 1996, which establishes the guidelines and bases of national education, shall be in force as supplemented by the following § 7º:

"Art. 26. ...........................................................................................................................................

§ 7º The curricula of elementary and secondary education shall include the principles of civil protection and defense and environmental education in an integrated manner with the mandatory contents. (NR)"

Art. 30

Arts. 1º, 2º and 17 of Law 12,340, of December 1, 2010, are hereby repealed.

Art. 31

This Law enters into force on the date of its publication, except for the provisions of § 2º of art. 12 of Law 6,766, of December 19, 1979, which shall enter into force after 2 (two) years from the date of its official publication.

Brasília, April 10, 2012; 191st of Independence and 124th of the Republic.

DILMA ROUSSEFF
José Eduardo Cardozo
Celso Luiz Nunes Amorim
Antonio de Aguiar Patriota
Guido Mantega
Fernando Damata Pimentel
Aloizio Mercadante
Aguinaldo Ribeiro
Izabella Mónica Vieira Teixeira
Fernando Bezerra Coelho
Gilberto Carvalho
Luís Inácio Lucena Adams

This text does not replace the one published in the Official Federal Gazette of April 11, 2012.