Presidency of the Republic

Casa Civil
Cabinet Subcommittee for Legal Affairs
LAW No. 8080, OF 19 SEPTEMBER 1990. Regulates the conditions for the promotion,
protection and recovery of health, the organization and functioning of relevant
services and other matters.
Veto message
THE PRESIDENT OF THE REPUBLIC, I know that the Congress decrees and I sanction t
he following law: PRELIMINARY PROVISIONS Article 1 This Law regulates the entire
national territory, the actions and health services, run individually or togeth
er, either permanently or possible, by natural or legal persons of public law or
private. TITLE I GENERAL PROVISIONS Article 2 Health is a fundamental human rig
ht, the State should provide the conditions essential to their full realization.
§ 1 The state's duty to ensure health is the formulation and implementation of
economic and social policies aimed at reducing risks of diseases and other hazar
ds and to establish conditions that ensure universal and equal access to actions
and services for its promotion, protection and recovery. § 2 The state's duty n
ot exclude people, families, businesses and society. Article 3 has as health det
erminants and constraints, among others, food, housing, sanitation, environment,
work, income, education, transport, leisure and access to essential goods and s
ervices ; levels of health of the population express the social and economic org
anization of the country Sole Paragraph. They relate also to health actions that
, by virtue of the preceding Article, are intended to safeguard the people and t
he collective conditions of physical well-being, mental and social. TITLE II OF
THE HEALTH SYSTEM ONLY PRELIMINARY PROVISION Article 4 The set of actions and he
alth services provided by agencies and public institutions, federal, state and m
unicipal administration of direct and indirect and foundations maintained by the
Government, is the System Health System (SUS). § 1 are included in this article
the public federal, state and local quality control, research and production in
puts, medicines, including blood and blood products, and equipment to health.
§ 2 The private sector may participate in the National Health System (SUS) in co
mplementary character. CHAPTER I Objectives and Duties Article 5 The objectives
of the Unified Health System SUS: I - the identification and dissemination of th
e conditioning factors and health determinants; II - the formulation of health p
olicy aimed at promoting economic and social fields, compliance with the provisi
ons of § 1 of Art. 2 of this Act III - to assist people through the promotion, p
rotection and recovery of health, with the implementation of integrated care act
ions and preventive activities. Article 6 also are included in the field for the
Unified Health System (SUS): I - the execution of actions: a) health surveillan
ce, b) epidemiological surveillance; c) Occupational health and d) assistance th
erapy full, including pharmaceutical II - participation in policy formulation an
d implementation of basic sanitation; III - the sort of training human resources
in health; IV - monitoring nutritional and dietary guidance; V - collaborative
environmental protection, including that of labor; VI - the formulation of medic
ines, equipment, immunobiological and other inputs relevant to the health and pa
rticipation in their production; VII - control and supervision of services, prod
ucts and substances health interest; VIII - supervision and inspection of food,
water and beverages for human consumption; IX - participation in the control and
supervision of production, transportation, storage and use of psychoactive subs
tances and products, toxic and radioactive, X - the increase in its area of oper
ation, the scientific and technological development; XI - formulating and implem
enting policy for blood and its derivatives. § 1 is defined as a set of sanitary
surveillance actions that can eliminate, reduce or prevent health risks and int
ervene in health problems arising from the middle
environment, production and circulation of goods and services of interest to hea
lth, including: I - control of consumer goods that directly or indirectly relate
 to health, at all stages and processes, from production to consumption, and II
- the control of services that relate directly or indirectly to health.ۤ 2 It i
s understood by the epidemiological surveillance set of actions that provide the
knowledge, detection or prevention of any change in the determinants and constr
aints of individual or collective health, in order to recommend and adopt measur
es to prevent and control diseases or injuries. § 3 It is understood by the work
er's health, for purposes of this Act, a set of activities that is intended, thr
ough epidemiological monitoring and health surveillance, promotion and protectio
n of health workers, and seeks the recovery and rehabilitation of health of work
ers subjected to the risks and injuries arising out of working conditions, inclu
ding: I - assistance to the employee victim of workplace accidents or suffering
from occupational disease and work; II - participation, within the jurisdiction
of the Unified Health System (SUS ), in studies, research, evaluation and contro
l of potential risks and harms to health existing in the work process; III - par
ticipation, within the jurisdiction of the Unified Health System (SUS) of the re
gulation, supervision and control of production conditions extraction, storage,
transport, distribution and handling of substances, products, machinery and equi
pment presenting hazards to worker health; IV - assessing the impact that techno
logies lead to health; V - information to the worker and their respective a labo
r union and businesses about the risks of accidents, occupational diseases and w
ork, and the results of inspections, environmental assessments and health checks
, admission, periodicals and firing, compliance with the precepts of professiona
l ethics; VI - participation in regulation, supervision and control of occupatio
nal health services in institutions and public and private companies; VII - regu
lar review of the official list of conditions originating in the work process, a
nd in its development cooperation of the unions, and VIII - guarantee to the wor
kers' union to apply to the competent body to ban the machine, the service secto
r or the entire desktop, when there is exposure to any imminent threat to life o
r health of workers. CHAPTER II Principles and Guidelines Article 7 The actions
and public health services and private services contracted or agreed that part o
f the Unified Health System (SUS), are developed according to the guidelines lai
d down in Art. 198 of the Constitution, still obeying the following principles:
R - universal access to health services at all levels of care; II - full service
, seen as cohesive and continuous actions and preventive and curative services,
individual and collective, required for each case in all levels of complexity Sy
stem III - preserving the autonomy of people in defense of their physical and mo
ral integrity; IV - equality of health care, without prejudice or privileges of
any kind; V - right to information, people attended, about their health; VI - di
ssemination of information about the potential of health services and their use
by the user; VII - use of epidemiology for the establishment of priorities, allo
cation of resources and programmatic guidance; VIII - community participation; I
X - political and administrative decentralization, with unique direction in each
sphere of government: a) emphasis on decentralization of services to municipali
ties, b) regional and hierarchical network of health services; X - integration i
nto the executive level of health, environment and sanitation; XI - combination
of financial, technological, material and human resources of the Union, States,
Federal District and the municipalities in the provision of health care to the p
opulation; XII - solving capacity of services at all levels of care, and XIII -
organization of public services to avoid duplication of means to ends identical.
CHAPTER III Organization, Direction and Management Article 8 The actions and he
alth services, run by the National Health System (SUS), either directly or throu
gh additional participation of the private sector will be organized on a regiona
l and hierarchical levels of increasing complexity. Article 9 The direction of t
he Unified Health System (SUS) is unique, in accordance with Part I of Art. 198
of the Constitution, being exercised in every sphere of government the following
organs: I - within the EU, the Ministry of Health; II - in the States and the F
ederal District, by its Department of Health or equivalent body, and
III - in the municipalities, the Department of Health or its equivalent body. Ar
ticle 10. The municipalities could form consortia to jointly develop the actions
and health services to them. § 1 applies to the intermunicipal consortia admini
strative principle of a single direction, and their incorporation will have on i
ts observance. § 2 At the municipal level, the National Health System (SUS) may
be organized into districts in order to integrate and coordinate resources, tech
niques and practices for full coverage of health. Article 11. (Vetoed). Article
12. Intersectoral committees will be established nationwide, subject to the Nati
onal Health Council, integrated by the ministries and bodies and bodies represen
ting civil society. Sole Paragraph. Intersectoral commissions are for the purpos
e of coordinating policies and programs of interest to health, whose implementat
ion involves areas not included within the Unified Health System (SUS). Article
13. The articulation of policies and programs at the expense of intersectoral co
mmittees, including in particular the following activities: I - Food and Nutriti
on II - sanitation and the environment; III - health surveillance and pharmacoep
idemiology IV - human resources; V - Science and technology, and VI - occupation
al health. Article 14. Standing Committees should be created for integration bet
ween health services and institutions of vocational and higher education. Sole P
aragraph. Each of these committees shall be to propose priorities, methods and s
trategies for training and continuing education of human resources of the Nation
al Health System (SUS) in the corresponding sphere, as well as in relation to re
search and technical cooperation among these institutions. CHAPTER IV Powers and
Duties Section I Duties Common Art. 15 The Union, States, Federal District and
municipalities shall, on its administrative scope, the following tasks: I - defi
nition of bodies and control mechanisms, assessment and monitoring of actions an
d health services;
II - administration of budgetary and financial resources for each year, health I
II - monitoring, evaluation and dissemination of health level of population and
environmental conditions; IV - organizing and coordinating the health informatio
n system, V - development technical standards and establishing quality standards
and cost parameters that characterize health care; VI - development of technica
l standards and establishing quality standards for health promotion worker VII -
participation of policy formulation and implementation of basic sanitation and
collaboration in the protection and restoration of the environment; VIII - prepa
ration and periodic updating of the health plan; IX - participation in the formu
lation and implementation of training policy and human resources development for
health; X - Preparation of budget proposal of the National Health System (SUS),
in compliance with the health plan; XI - the drafting of rules to regulate the
activities of private health services in view of their relevance to the public;
XII - the implementation of external operations of nature financial interests of
health, authorized by Senate XIII - for serving the collective needs and urgent
arrangements, arising from situations of imminent danger, public calamity or ou
tbreak of epidemics, the sphere of authority may request the relevant administra
tive goods and services, both natural persons as legal, and shall be assured fai
r compensation; XIV - implementing the National System of Blood Components and D
erivatives; XV - to propose the signing of agreements, international agreements
and protocols relating to health, sanitation and environment ; XVI - develop tec
hnical and scientific standards of promotion, protection and restoration of heal
th; XVII - promote cooperation with oversight bodies of professional and other b
odies representing civil society to define and control of ethical standards for
research, services and actions health; XVIII - to promote coordination of policy
and health plans; XIX - carrying out research in health; XX - define the instan
ces and mechanisms of control and supervision of public authority on animal heal
th; XXI - to promote, coordinate and implement programs and strategic projects a
nd emergency assistance.
Section II Jurisdiction Section 16. The national leadership of the Unified Healt
h System (SUS) shall: I - to formulate, evaluate and support policies for food a
nd nutrition;€II - participate in the formulation and implementation of policies
: a) Control of aggression against the environment, b) sanitation and c) relatin
g to the conditions and work environments; III - define and coordinate systems:
a) network integrated support of high complexity, b) network of public health la
boratories; c) epidemiological surveillance, and d) health surveillance; IV - pa
rticipate in the development of standards and control mechanisms, with similar b
ody of grievance about the environment or thereunder, which have repercussions o
n human health; V - participate in the development of standards, criteria and st
andards for the control of conditions and work environments and coordinate the p
olicy of the worker; VI - coordinate and participate in the execution of epidemi
ological surveillance; VII - set standards and carry out health surveillance of
ports, airports and borders, the implementation may be supplemented by the state
s, Federal District and Municipalities; VIII - establish criteria, parameters an
d methods to control the sanitary quality of products, substances and consumer s
ervices and human use; IX - to promote coordination with educational agencies an
d supervision of professional and representative bodies with training human reso
urces in health; X - to formulate, evaluate, and participate in developing stand
ards implementation of national policy and production inputs and equipment for h
ealth, in conjunction with other government agencies; XI - identify the services
state and local reference for the establishment of technical standards of healt
h care; XII - supervise and control proceedings products and substances of inter
est to health;
XIII - providing technical and financial cooperation to States, the Federal Dist
rict and the municipalities to improve their institutional performance; XIV - de
velop standards to regulate the relations between the National Health System (SU
S) and private services contracted health care ; XV - promote decentralization t
o the federal units and the municipalities, services and health actions, respect
ively, statewide and local levels; XVI - nationally standardize and coordinate t
he National System of Blood Components and Derivatives; XVII - monitor, monitor
and evaluate the actions and health services, while respecting the mandates stat
e and municipal XVIII - preparing the National Strategic Planning in the SUS, in
technical cooperation with states, municipalities and Federal District XIX - Es
tablishing the National Audit and coordinate technical and financial evaluation
of the health care system in the entire National Territory in technical cooperat
ion with states, municipalities and Federal District. (See Decree No. 1651 of 19
95) Sole Paragraph. The Union may perform epidemiological monitoring and health
in special circumstances such as unusual in the occurrence of injuries to health
which may escape the control of state direction of the Unified Health System (S
US) or that pose a risk of spreading nationwide. Article 17. At the direction of
the state Health System (SUS) is responsible for: I - promote decentralization
to the municipalities of services and health actions; II - monitor, control and
evaluate the hierarchical network of the Unified Health System (SUS) III - provi
de technical and financial support to municipalities and run suppletive actions
and health services; IV - coordinating and complementary in character, performin
g actions and services: a) epidemiological surveillance, b) health surveillance,
c) food and nutrition, and d ) of the worker; V - join together with other agen
cies, control of diseases of the environment that have impact on human health; V
I - participation in policy formulation and implementation of basic sanitation;
VII - participate in control actions and assessment of conditions and work envir
onments;
VIII - in a supplementary, formulate, implement, monitor and evaluate the policy
inputs and equipment to health; IX - Hospitals identify reference and managed p
ublic systems of high complexity, the reference state and regional levels; X - c
oordinate the statewide network of public health laboratories and blood banks, a
nd managing the units that remain in its administrative organization; XI - estab
lish standards, on an extension, control and evaluation of actions and health se
rvices; XII - make rules and establish standards in character additional control
procedures for quality products and substances for human consumption; XIII - wo
rk with the Union in the implementation of health surveillance at ports, airport
s and borders; XIV - monitoring,€evaluation and dissemination of morbidity and m
ortality in the federal unit. Section 18. At the direction of the Municipal Heal
th System (SUS) is responsible for: I - plan, organize, monitor and evaluate the
actions and health services and manage and implement public health services; II
- participate in the planning, programming and organization of the regionalized
hierarchical and the Unified Health System (SUS), together with its direction s
tate; III - part of the implementation, control and evaluation of actions relate
d to the conditions and work environments; IV - run services: a) epidemiological
surveillance; b ) health surveillance, c) food and nutrition; d) sanitation, an
d e) of the worker; V - to implement at the municipal level, the policy of input
s and equipment to health; VI - to collaborate on oversight of the aggression th
e environment that have impact on human health and act, together with municipal,
state and federal authorities to control them; VII - administrative form interm
unicipal consortia; VIII - managing public health laboratories and blood banks;
IX - work with the Union and states in the implementation of health surveillance
at ports, airports and borders; X - observing the provisions of art. 26 of this
Law, conclude contracts and agreements with providers of private health service
s as well as monitoring and evaluating its implementation; XI - control and moni
tor the procedures of private health services; XII - regulate complementary acti
ons and public health services in its scope of action. Article 19. Federal Distr
ict competing powers reserved to the States and Municipalities. CHAPTER V Subsys
tem Indigenous Healthcare (Included by Law No. 9836 of 1999) Section 19-A. Share
s and health services aimed to meet the indigenous people throughout the country
, collectively or individually, shall conform to provisions of this law (Include
d by Law No. 9836 of 1999) Section 19-B. There shall be a subsystem of Health Ca
re Indigenous component of the Unified Health System - SUS, created and defined
by this Law, and Law No 8142 of December 28, 1990, with which work in perfect ha
rmony. (Included by Law No. 9836 of 1999) Section 19-C. It will be up to the Uni
on, with its own resources, finance Subsystem Indigenous Healthcare. (Included b
y Law No. 9836 of 1999) Section 19-D. SUS will promote joint Subsystem establish
ed by this Act to the agencies responsible for indigenous policy of the country
(Included by Law No. 9836 of 1999) Section 19-E. States, municipalities, other g
overnmental and nongovernmental institutions may act complementarily in costing
and execution of actions. (Included by Law No. 9836 of 1999) Section 19-F. It sh
ould be required to take into account local realities and specificities of cultu
re of indigenous peoples and the model to be adopted for the Indian health care,
which should rule for a differentiated approach and comprehensive, covering asp
ects of health care , sanitation, nutrition, housing, environment, land demarcat
ion, health education and institutional integration. (Included by Law No. 9836 o
f 1999) Section 19-G. Subsystem for Indigenous Healthcare should be such as SUS,
decentralized, hierarchical and regionalized. (Included by Law No. 9836, 1999)
§ 1 Subsystem of the caput of this article will build on the Special Indigenous
Sanitary Districts. (Included by Law No. 9836, 1999) § 2 The SUS will serve as b
ackup and reference to the subsystem Indigenous Healthcare, and for that, occur
changes in the structure and organization of SUS in the regions where they resid
e indigenous populations, to provide this integration and care needs at all leve
ls without discrimination. (Included by Law No. 9836, 1999)
§ 3 Indigenous peoples should have guaranteed access to the SUS, at the local, r
egional and specialized centers, according to their needs, including the primary
, secondary and tertiary health care. (Included by Law No. 9836 of 1999) Section
19-H. Indigenous peoples have the right to participate in collegiate bodies for
mulation, monitoring and evaluation of health policies, such as the National Hea
lth Council and the State and Municipal Councils of Health, as appropriate. (Inc
luded by Law No. 9836, 1999) CHAPTER VI OF THE SUBSYSTEM TO INTERNMENT AND HOME
CARE (Included by Law No. 10,424, 2002) Section 19-I. Are established under the
National Health System, the home care and home care. (Included by Law No. 10.424
, 2002) § In the first form of care and hospital care at home include, mainly, m
edical procedures, nursing, physical therapy, psychological and social assistanc
e, among others necessary for the comprehensive care of patients at home. (Inclu
ded by Law No. 10,424, 2002) § The second home care and hospitalization will be
conducted by multidisciplinary teams who will act in the levels of Preventive Me
dicine, treatment and rehabilitation. (Included by Law No. 10,424, 2002) § 3 The
hospital and home care can only be made by medical prescription, with the expre
ss consent of the patient and his family. (Included by Law No. 10,424, 2002) CHA
PTER VII THE SUBSYSTEM MONITORING DURING LABOR, DELIVERY AND IMMEDIATE POSTPARTU
M (Included by Law No. 11,108 of 2005) Section 19-J. The health services of the
Health System - SUS, the network itself or the private, are obliged to permit th
e presence, beside the mother of one (1) during all the period of labor, deliver
y and immediate postpartum . (Included by Law No. 11,108, 2005) § The first comp
anion of the caput of this article will be indicated by the woman. (Included by
Law No. 11,108, 2005) § 2 The actions to facilitate the full exercise of rights
under this article shall include the regulation of the law, being drafted by the
competent organ of the executive branch. (Included by Law No. 11,108 of 2005) S
ection 19-L. (VETOED) (Included by Law No. 11,108, 2005) TITLE III OF THE SERVIC
ES OF PRIVATE HEALTH CARE CHAPTER I Workings Article 20. Private services for he
alth care are characterized by acting on their own initiative, to professionals,
legal power and legal persons of private law on the promotion, protection and r
ecovery of health.
Article 21. Health assistance is open to private enterprise. Article 22. In prov
iding private health care, will be observed the ethical principles and standards
established by the governing body of the Unified Health System (SUS) and the co
nditions for its functioning. Article 23. It is forbidden to direct or indirect
participation of companies or foreign capital in health care, except through don
ations from international organizations linked to the United Nations, internatio
nal technical cooperation and financing and loans. § 1 In any case it is require
d the authorization of the governing body's National Health System (SUS), submit
ting to its control activities that are developed and instruments that may be si
gned. § 2 are excluded from the provisions of this article health services maint
ained, operated for profit by companies for the care of their employees and depe
ndents at no cost to social security. CHAPTER II Participation Supplementary Art
icle 24. When its assets are insufficient to guarantee healthcare coverage to th
e population of a given area, the National Health System (SUS) may use the servi
ces offered by private enterprise. Sole Paragraph. The additional participation
of private services will be formalized by contract or agreement, subject to resp
ect the rules of public law. Article 25. Assuming the previous article, charitie
s and the nonprofit will have preference to attend the National Health System (S
US). Article 26. The criteria and values for the remuneration of services and pa
rameters of healthcare coverage will be established by the national leadership o
f the Unified Health System (SUS), passed the National Board of Health § 1 In se
tting the criteria, values, forms of readjustment and payment of remuneration al
luded to in this Article, the national leadership of the Unified Health System (
SUS) must justify his action in economic and financial statement to ensure the e
ffective execution quality of contracted services. § 2 The contracted services w
ill be subject to technical and administrative standards and principles and guid
elines of the Unified Health System (SUS), maintained the economic and financial
balance of the contract. § 3 (vetoed). § 4 The owners, managers and directors o
f entities or contracted services are forbidden to exercise leadership position
or function of confidence in the National Health System (SUS). TITLE IV HUMAN RE
SOURCES Article 27. The policy of human resources for health will be formalized
and implemented, articulately, by the different spheres of government, in compli
ance with the following objectives:
I - organization of a training system for human resources at all levels of educa
tion, including postgraduate,€beyond the development of programs for continuous
improvement of personnel; II - (vetoed) III - (vetoed) IV - appreciation of the
dedication services of the Unified Health System (SUS). Sole Paragraph. Public s
ervices that integrate the National Health System (SUS) constitute the practice
field for teaching and research through specific rules, developed jointly with t
he education system. Article 28. The roles and functions of supervision, directi
on and advice within the Unified Health System (SUS), can only be exercised in f
ull-time. § 1 The servers that legally accumulate two offices or positions could
exercise their activities in more than one establishment of the Unified Health
System (SUS). § 2 The preceding paragraph also applies to servers in full-time,
except for holders of positions or position of leadership, direction or advice.
Article 29. (Vetoed). Article 30. Specializations in the form of in-service trai
ning under supervision will be regulated by the National Commission, established
in accordance with Art. 12 of this Act, ensured the participation of relevant p
rofessional bodies. TITLE V OF CHAPTER I FINANCING Resources Section 31. The soc
ial security budget dedicated to the Unified Health System (SUS) according to es
timated revenues, the resources necessary to carry out its purposes as provided
in the proposal prepared by its national leadership, with the participation of t
he organs of Social Welfare and Assistance Social, taking into account the targe
ts and priorities set out in the Budget Guidelines Law. Article 32. They are con
sidered sources other resources from: I. - (vetoed) II Service - which could be
provided without prejudice to health care; III - help, contributions, grants and
donations; IV - disposals of property and capital income; V - fees, fines, fees
and public prices collected under the Unified Health System (SUS), and VI - any
income, including commercial and industrial.
§ 1 In the Unified Health System (SUS) will be up half the revenue that comes in
Item I of this article, calculated monthly, which will be dedicated to addictio
n recovery. § 2 The revenue generated under the National Health System (SUS) wil
l be credited directly into special accounts, handled by his direction, the sphe
re of power where they are collected. § 3 The sanitation actions that may be imp
lemented suppletive by the Unified Health System (SUS), will be financed by reso
urces of specific tariffs and other Union, States, Federal District, Municipalit
ies, and in particular the Housing Finance System (SFH ). § 4 (vetoed). § 5 The
research activities and scientific and technological development in health will
be co-financed by the National Health System (SUS), by universities and the fisc
al budget, and resource development institutions and funding or external source
and own revenue executing agencies. § 6 (vetoed). CHAPTER II Financial Managemen
t Section 33. The financial resources of the National Health System (SUS) will b
e deposited in a special account, in every sphere of their action, and moved und
er the supervision of the respective Boards of Health § 1 At the federal level,
financial resources, originating from the Social Security Budget from other EU b
udgets, and other sources, will be administered by the Ministry of Health, throu
gh the National Health Fund § 2 (vetoed). § 3 (vetoed). § 4 The Ministry of Heal
th will monitor, through its auditing system, conformity to the approved schedul
e of the application of funds transferred to states and municipalities. Given th
e misappropriation, diversion or non-application of resources, up to the Ministr
y of Health to implement the measures provided by law. Article 34. The authoriti
es responsible for the distribution of income actually received will automatical
ly transfer to the National Health Fund (FNS), subject to the discretion of the
sole paragraph of this article, the financial resources corresponding to the amo
unts allocated in the Social Security Budget, projects and activities to be perf
ormed at under the National Health System (SUS). Sole Paragraph. In the distribu
tion of funds from Social Security will be observed the same proportion of budge
ted in each area, the Social Security Budget. Article 35. For the establishment
of values to be transferred to states, Federal District and municipalities shall
include a combination of the following criteria, according to technical analysi
s of programs and projects: I - demographic profile of the region;
II - epidemiological profile of the population to be covered;€III - quantitative
and qualitative characteristics of the health network in the area; IV - technic
al performance, economic and financial in the previous period; V - levels of par
ticipation in the health sector in state and municipal budgets; VI - forecast fi
ve-year plan of investment in the network; VII - compensation for the care servi
ces provided to other spheres of government. § 1st Half of resources to states a
nd municipalities will be distributed according to the ratio of its division by
the number of inhabitants, regardless of any prior procedure. § 2 In the cases o
f states and municipalities are subject to known migration process, the demograp
hic criteria mentioned in this Act shall be weighted by other indicators of popu
lation growth, in particular the number of registered voters. § 3 (vetoed). § 4
(vetoed). § 5 (vetoed). § 6 The preceding paragraph shall not affect the activit
y of organs of internal and external control and not the imposition of penalties
provided by law in case of irregularities in the management of the assets trans
ferred. CHAPTER III Planning and Budget Section 36. The process of planning and
budget of the National Health System (SUS) will be ascending from local to feder
al, heard their governing bodies, harmonizing to the needs of health policy with
the availability of resources in health plans of the municipalities, States, Fe
deral District and the Union § 1 The health plans will form the basis of activit
ies and schedules for each level of leadership of the Unified Health System (SUS
), and its funding will be provided in its budget proposal. § 2 It is prohibited
to transfer resources to finance activities not provided for in health plans, e
xcept in emergency situations or public calamity, the area of health. Section 37
. The National Board of Health shall establish the guidelines to be followed in
the preparation of health plans, depending on the epidemiological characteristic
s and the organization of administrative services in each jurisdiction. Article
38. Not be allowed the allocation of grants and aid to institutions that provide
health services for profit. FINAL AND TRANSITIONAL PROVISIONS Article 39. (Veto
ed).
§ 1 (vetoed). § 2 (vetoed). § 3 (vetoed). § 4 (vetoed). § 5 The use of sale of i
mmovable property for the Inamps bodies comprising the Unified Health System (SU
S) will be made in order to preserve them as heritage of Social Security. § 6 Th
e properties that the previous paragraph will be listed with all its accessories
, equipment and other § 7 (vetoed). § 8 Access to information services and datab
ases, maintained by the Health Ministry and the Ministry of Labour and Social Se
curity will be provided at State and Municipal Health or similar organizations,
to support the management process, so to permit the manage computer accounts and
dissemination of health statistics and epidemiological medical equipment. Artic
le 40. (Vetoed) Article 41. The actions developed by the Foundation of Social Pi
oneers and the National Cancer Institute, supervised by the national leadership
of the Unified Health System (SUS), will remain as the benchmark for service del
ivery, human resource training and technology transfer. Article 42. (Vetoed). Ar
ticle 43. Gratuity stock and health services is preserved in the public services
contract, subject to the terms of contracts or agreements made with private par
ties. Article 44. (Vetoed). Article 45. Health services in university hospitals
and teaching are integrated into the Unified Health System (SUS), by agreement,
preserved their administrative autonomy, in relation to assets, human resources
and finance, education, research and extension within the limits conferred insti
tutions to which they are linked. § 1 The health services in municipal and state
systems of social security should be integrated into the corresponding directio
n of the Unified Health System (SUS), as its scope of action, and any other agen
cies and health services. § 2 In peacetime and in case of mutual interest, the h
ealth services of the Armed Forces will be integrated into the Unified Health Sy
stem (SUS), as provided for by an agreement that for this purpose is established
. Article 46. the Unified Health System (SUS) will establish incentive mechanism
s for private sector participation in investment in science and technology and s
timulate technology transfer from universities and research institutes to health
services in the Federal District and Municipalities, and national companies.
Article 47.€The Ministry of Health, in conjunction with state and municipal leve
ls of the Unified Health System (SUS), will organize, within two years, a nation
al health information integrated across the national territory, covering issues
epidemiological and services. Article 48. (Vetoed). Article 49. (Vetoed). Articl
e 50. The agreements between the Union, states and municipalities, agreements fo
r deployment of the Unified and Decentralized Systems for Health, will be termin
ated in proportion as their object is being absorbed by the Unified Health Syste
m (SUS). Article 51. (Vetoed). Article 52. Without prejudice to other sanctions,
constitutes the crime of unlawful use of public funds or annuities (Penal Code,
art. 315) the use of financial resources from the National Health System (SUS)
in purposes other than those set forth herein. Article 53. (Vetoed). Article 54.
That law takes effect on the date of its publication. Article 55. Are repealed
Law No. 2312, to September 3, 1954, Law no. 6229, to July 17, 1975, and other pr
ovisions to the contrary. Brasilia, September 19, 1990, 169 and 102 of the Indep
endence of the Republic. Fernando Collor Alkene War This text replaces the one p
ublished in the Federal of 09.20.1990