LAW 13,979. Political sphere: Presidency of the Republic. Context: February 6, 2020. Coverage: Universal. Content: It provides for measures to confront the public health emergency of international importance due to the coronavirus responsible for the 2019 outbreak. Criteria for effectiveness: Article III - To deal with the public health emergency of international importance due to the coronavirus the following measures, among others, may be adopted: I - isolation; II - quarantine; III – determination of compulsory: a) medical exams; b) laboratory tests; c) collecting clinical samples; d) vaccination and other preventive measures; or e) specific medical treatments; IV - study or epidemiological investigation; V - exhumation, necropsy, cremation and corpse management; VI - exceptional and temporary restriction of entry and exit from the country, according to technical and reasoned recommendation of the National Health Surveillance Agency (Anvisa), by highways, ports, or airports; VII - requisition of goods and services from natural and legal persons, in which case the latter will be guaranteed payment of fair compensation; and VIII - exceptional and temporary authorization for imports of products subject to sanitary surveillance without registration at Anvisa, since: a) they are recorded by the foreign health authority; and b) provided by Act of the Ministry of Health in Brazil. Categories: Structural; provisional/emergency; regulatory. |
ORDINANCE 15. Political sphere: Ministry of Justice and Public Security. Context: March 27, 2020. Coverage: Segmented/fragmented – Companies. Content: Determines the registration of companies on the consumidor.gov.br platform to enable the mediation via the Internet, by the National Consumer Secretariat, of consumer conflicts electronically notified. The ordinance was enacted because of COVID-19 pandemic and focused on the prevention of the worsening of consumer disputes which might not be adequately overcome because of the need to impose social isolation. In partnership with the Ministry of Justice and Public Security, the Ministry of Tourism has applied for membership of the tourism segments in the Platform. Criteria for effectiveness: They are required to register on consumidor.gov.br, companies that necessarily act in any of these groups: I - companies with national or regional operations in sectors involving public services and essential activities; II - digital service platforms on the internet dedicated to individual or collective transport passengers or delivering food, or even the promotion, offer or sale of own products or third party to the final consumer; III - economic agents listed among the two hundred companies with the most complaints in the National Defense Information Consumer of the National Secretariat of the Ministry of Consumer Justice and Public Security System (Sindec) in the year 2019. Categories: Structural; provisional/emergency; regulatory. |
LAW 13,982 (REGULATED BY DECREE 10,316, of April 7, 2020). Political sphere: Presidency of the Republic and Ministry of Citizenship. Context: April 2, 2020. Coverage: Segmented/fragmented - Individual microentrepreneurs (MEI); individual Social Security taxpayer; informal worker. Content: Changes to Law 8,742, of December 7, 1993, to provide for additional parameters to characterize the situation of social vulnerability for eligibility purposes to the benefit of continued provision (BPC), and for exceptional measures of social protection to be adopted during the coping period of public health emergency of international concern arising from coronavirus (COVID-19) responsible for the 2019 outbreak, referred to Law 13,979, of February 6, 2020. Criteria for effectiveness: citizens 18 and over or mothers under 18 are eligible and meeting the following criteria: belonging to the family whose monthly income per person does not exceed half the minimum wage (R$ 522.50), or whose total family income is up to three times the minimum wage (R$ 3,135.00); and not receiving social security benefits or assistance, unemployment insurance or other federal income transfer program, except Bolsa Família; who has not received in 2018 taxable income above R$ 28,559.70. Is unemployed or employed provided that: classified as MEI; individual Social Security taxpayer; informal worker, of any kind, including intermittent inactive. Categories: Structural; provisional/emergency; regulatory; distributive. |
PROVISIONAL MEASURE 936 – Converted into Law 14,020, on July 6, 2020. Political sphere: Presidency of the Republic. Context: April 2, 2020. Coverage: Segmented/fragmented – Companies and employees. Content: Establishes the Emergency Program for Maintenance of Employment and Income. It provides for additional labor measures to face the state of public calamity and public health emergency of international concern arising from coronavirus (COVID-19). Criteria for effectiveness: Received R$ 51 billion to help companies of different sizes and industries, including tourism. Thus, entrepreneurs can receive Emergency Employment Benefit Preservation and Income; the proportionate reduction of working hours and wages; and the temporary suspension of the employment contract. Categories: Structural; provisional/emergency; redistributive; regulatory. |
ORDINANCE 8. Political sphere: Ministry of Justice and Public Security. Context: April 2, 2020. Coverage: Segmented – Foreigners. Content: It provides for the exceptional restriction and temporary entry of foreigners in Brazil from the countries that relates as Anvisa recommendation. Criteria for effectiveness: Article IV - The restriction provided for in this Ordinance does not apply to: I - the Brazilian, born or naturalized; II - the immigrant with prior definitive residence permit in Brazil; III - foreign professional on a mission to an international organization of service, if properly identified; IV - the foreign official accredited to the Brazilian Government; and V - the foreigner: a) spouse, partner, child, parent or Brazilian curator; b) whose entrance is specifically authorized by the Brazilian Government in view of the public interest; and c) Carrier National Migratory Registry. Categories: Provisional/emergency; regulatory. |
“DON’T CANCEL, RESCHEDULE!” CAMPAIGN. Political sphere: Ministry of Tourism. Context: April 7, 2020. Coverage: segmented/fragmented – Tourists. Content: Focuses on the importance of postponing, not canceling trips, packages and scheduled cultural events, enhancing the maintenance of business and jobs in the tourism sector. Criteria for effectiveness: The Ministry of Tourism has developed a manual with information on the measures taken by the government to contain the pandemic, as well as general recommendations for prevention. The ministry also released a promotional material on cards format, videos and/or animations which can be downloaded for free and posted on websites and online social networks. Categories: Provisional/emergency; regulatory. |
PROVISIONAL MEASURE 948. Political sphere: Presidency of the Republic. Context: April 8, 2020. Coverage: Segmented/fragmented – Service or business company. Content: Provides for the cancellation of services, bookings and events of tourism and culture sectors due to the state of public calamity and public health emergency of international concern due to coronavirus (COVID-19). Criteria for effectiveness: In its Article II it establishes: In the event of cancellation of services, reservations and events, including concerts and shows, the service provider or the business company will not be obliged to refund the amounts paid by the consumer, as long as they guarantee: I – rescheduling of services, reservations, and canceled events; II - the availability of credit for use or rebate on the purchase of other services, bookings and events available in the respective companies; or III - another agreement to be formalized with the consumer. It establishes that the consumer relations governed by the Provisional Measure characterize hypotheses of unforeseeable circumstances or force majeure and do not give rise to moral damages, the application of a fine or other penalty, pursuant to the provisions of Article 56 of Law 8,078, of September 11, 1990 (Consumer Protection Code). Categories: structural; provisional/emergency; regulatory. |
“BRAZIL IS WAITING FOR YOU” CAMPAIGN. Political sphere: Brazilian Agency for International Tourism Promotion (Embratur). Context: April 8, 2020. Coverage: Segmented/fragmented – Foreign tourists. Content: The campaign aims to promote and support the marketing of destinations, services, and Brazilian tourism products in the international market. Criteria for effectiveness: On the website of the Ministry of Tourism has created a space for the dissemination of promotional videos produced by Brazilian tourist destinations, reinforcing messages like: “see you soon”, “we will be waiting for you” and “the pandemic will pass; tourism will not”. Categories: Provisional/emergency; regulatory. |
“MUNICIPALITIES TOGETHER FOR TOURISM” CAMPAIGN. Political sphere: National Confederation of Municipalities in Brazil (CNM). Context: April 16, 2020. Coverage: Segmented/fragmented – Officials from the municipal executive, business, and related entities to the tourism sector. Content: A campaign to encourage appreciation of the domestic tourism market in the process of resumption of activities post- COVID-19 pandemic, assisting local efforts to organize themselves for this moment. Criteria for effectiveness: Preparation of a strategic plan focused on the resumption of local and national touring, as well as leisure activities and events. The campaign provides incentives for rescheduling trips and events booked before the emergence of the new coronavirus, as a contribution to local economies and to safeguard jobs. Another action is the dissemination of promotional videos of the affiliated municipalities, showing the population their main attractions and encouraging tourists to get to know the place. Categories: Provisional/emergency; regulatory. |
PROVISIONAL MEASURE 963. Political sphere: Presidency of the Republic. Context: May 7, 2020. Coverage: Segmented/fragmented – Entrepreneurship in the tourism industry. Content: Aims to protect jobs of workers in companies that received funding address by this Provisional Measure. Criteria for effectiveness: Extraordinary credit line in the amount of R$ 5,000,000,000.00, to supplement resources under the National Tourism Fund in Brazil (FUNGETUR) to be used to fund the national tourism infrastructure. Categories: Provisional/emergency; distributive. |
ORDINANCE 232. Political sphere: Ministry of Tourism. Context: May 14, 2020. Coverage: Segmented/fragmented - Business companies, preferably micro, medium, and small enterprises; individual entrepreneurs and companies Limited liability Individuals (EIRELI), legally constituted and established in the tourism sector. Content: Approves the general rules and application criteria for FUNGETUR resources in funding transactions. Criteria for effectiveness: It is stated in Article VII: Funding operations, dealt with in this Ordinance, must be carried out through financial agents accredited to FUNGETUR, by entering an administrative contract with the Ministry of Tourism. Categories: Provisional/emergency; distributive. |
LAW 14.002. Political sphere: Presidency of the Republic. Context: May 22, 2020. Coverage: Fragmented – Embratur and its employees. Content: Transforms the Embratur in Brazilian Agency for International Tourism Promotion – stand-alone service, private, supervised by the Ministry of Tourism. Criteria for effectiveness: The Agency is responsible for planning, formulating, and implementing trade promotion of products, services, and Brazilian tourist destinations abroad, in cooperation with the federal government. Categories: Structural; provisional/emergency; regulatory. |
“RESPONSIBLE TOURISM - CLEAN AND SAFE” SEAL. Political sphere: Ministry of Tourism. Context: June 4, 2020. Coverage: Segmented/fragmented - Tourism industry. Content: The program establishes good hygiene practices for 15 tourism industry segments. The initiative is part of the resumption of the Brazilian Tourism Plan, which seeks to minimize the impacts of the pandemic and to prepare the sector for a gradual return of the activities. Criteria for effectiveness: Issue of a seal certifying the safety of an establishment as regards the prevention of COVID-19. The enterprise requests certification, through the adoption of basic and specific health protocols. Interested parties should access the site of the initiative, read the guidelines under the Protocol for the segment in which it operates and be in good standing in the Registry of Tourism Service Providers (Cadastur). If so, it adheres to the self-declaration that meets the prerequisites determined and is forwarded to an area of the site where the seal can be download and printed. The seal, which is free, must be displayed within easy access to the customer and will contain a QR Code by which the tourist can see the measures taken by that undertaking and/or professional. In addition, it allows the realization of complaints in case of non-compliance, which may result in revocation of the seal. Categories: Structural; provisional/emergency; regulatory. |
LAW 14,017 (ALDIR BLANC LAW). Political sphere: Presidency of the Republic. Context: June 29, 2020. Coverage: Segmented/fragmented – Cultural sector. Content: It provides for emergency actions aimed at the cultural sector to be adopted during the state of emergency recognized by Legislative Decree 6 of March 20, 2020. Criteria for effectiveness: Article II: The Union will give the states, the Federal District and the municipalities, in a lump sum in the 2020 exercise, the price of R$ 3,000,000,000.00 for implementation by local executive authorities in emergency actions to support the cultural sector through: I - emergency monthly income to cultural workers; II – the monthly subsidy for the maintenance of artistic and cultural spaces, micro and small cultural enterprises, cooperatives, institutions and community cultural organizations that had their activities interrupted due to social isolation measures; and III - notices, public calls, prizes, procurement of related goods and services to the cultural sector and other instruments for the maintenance of agents, spaces, initiatives, courses, productions, development of creative economic activities and solidarity economy, audiovisual productions, cultural events, as well as the realization of artistic and cultural activities that can be transmitted over the internet or made available through social media and other digital platforms. Categories: Provisional/emergency; redistributive. |