Decree No. 4126 of 13 FEBRUARY 2002.
Approves the Regimental Structure and the framework Statement of Positions and Functions functions of the Northeast development agency-ADENE, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI, paragraph a, of the Constitution, and in view of the provisions of the provisional measure in 2,156-5, 24 August 2001, DECREES: Art. first Get approved Regimental structure and the framework Statement of Positions and Functions functions-FG of the Northeast development agency-ADENE, in the form of annexes I and II to this Decree.
Art. 2 as a result of the provisions of art. First, are redeployed, in the form set out in annex III to this Decree, the Department of management, the Ministry of planning, budget and management, from extinct Federal public administration bodies, to ADENE, the following positions in the Group's Commission-direction and Advice-of and functions Functions-FG: one of the 101-6; three of the 101.5; ten of 101.4; Twenty-one of 101.3; one of 101.2; Thirteen of 101.1; four of the 102.3; two of 102.2; two of 102.1; ten FG-1; and ten FG-2.
Art. 3 the internal regulations of the Board shall be approved by ADENE Collegiate Church and published in the Official Gazette, within 90 days, counted of the date of publication of this Decree.
Art. 4 this Decree shall enter into force on the date of its publication.
Brasília, 13 February 2002; 181 of independence and 114 of the Republic.
FERNANDO HENRIQUE CARDOSO Guilherme Gomes Days Ney Suassuma annex I REGIMENTAL STRUCTURE of the Northeast development agency chapter I of the NATURE, location, purpose and Art SKILLS. 1st the Northeast development agency-ADENE, federal authority under the Ministry of national integration, created by provisional measure in 2,156-5, 24 August 2001, thirsty and Forum in the city of Recife, State of Pernambuco, with the goal of implementing policies and make development tools in the Northeast, have skills:-I propose and coordinate the implementation of the Development Plan of the Northeast under the supervision of the Ministry of national integration;
II-managing the Northeast Development Fund;
III-to approve projects to be implemented under the Development Fund of the Northeast;
IV. authorize procurement and free resources of the Northeast Development Fund, upon proposition of the operator agent;
V-audit and evaluate the results of the application of the Development Fund of the Northeast;
VI-implement studies and research aimed at identifying potential and socio-economic and environmental vulnerabilities and propose strategies and actions compatible with regional space;
VII-to strengthen the productive structures of the region, from the mobilization of their potential;
VIII. promote actions aimed at social development in the region;
IX-to structure and implement information networks in support of productive activities;
X-promote the financial, technological and technical cooperation with national or international bodies, aimed at integration and regional development;
XI-draw up feasibility studies of projects for integration and regional development;
XII-implement management training programs, training and qualification of human resources suited to the regional market;
XIII-studies of land use planning and territorial management and assess impacts of actions for integration and development in the region, especially from an environmental point of view; and XIV-check the suitability of projects to regional development policy.
Art. 2 the area of activity of the Northeast development agency covers the States of Alagoas, Bahia, Ceará, Maranhão, Paraíba, Pernambuco, Piauí, Rio Grande do Norte, Sergipe, Espírito Santo and regions and cities of the State of Minas Gerais in the Southeast region of what are the laws in 1348, 10 February 1951, 6218, of 7 July 1975, and 9690 July 15, 1998, as well as the cities of Águas Formosas, Ataléia, Bertópolis, Carlos Chagas, Belfry, Catuji, Franciscópolis, Frei Gaspar, Crisólita, Fronteira dos Vales, Itaipé, Itambacuri, Litany, Maxacalis, Nanuque, Novo Oriente de Minas, Ouro Verde de Minas, Pavão, Poté, Fisherman, Santa Helena de Minas, Serra dos Aimorés, Setubinha, Teófilo Otoni and Umburatiba, belonging to the Valley of Mucuri, in addition to Santa Fé de Minas and São Romão.
Art. 3 the performance of ADENE will obey to the foundations, objectives, guidelines and tools of integrated national development policy and Development Plan in the Northeast and will be carried out in conjunction with the deliberative Council for the development of the Northeast, public agencies and entities of the federal, State and municipal Governments that operate in the region, and organised civil society.
CHAPTER II ORGANIZATIONAL STRUCTURE Art. 4th ADENE has the following organizational structure: I-collegiate bodies: the Joint Board); and (b)) Technical Committee.
II. organs of direct and immediate assistance to the Collegiate Board: a) Office;
b) general coordination of Institutional strategic management; and c) Attorney General;
III-Sectional Bodies: a) internal audit; and (b)) general coordination of administration and finance;
IV-specific natural bodies: Executive Management.
CHAPTER III of the Art direction and APPOINTMENT. 5th ADENE will be directed in by a collegiate Board of Directors composed of a Chairman and three Directors.
(1) the appointment of the Director General and other Directors will be made by the President of the Republic, after approval by the Senate, under "f" of item III of art. 52 of the Constitution, by indication of the Minister of State for national integration, being at least one of them chosen among federal public servants.
(2) the Board shall appoint one of its members Joint to take the general direction on any absences and impediments of the Director-General and the other directors are possible substitutes to each other.
§ 3 the remaining directors shall be appointed by the Director General after approval by the Joint Board.
Art. 6. The appointment of the Attorney General will be preceded by the consent of the Attorney General's Office.
Art. 7 it is forbidden to the directors of ADENE exercise of another professional activity, business, trade union or party-political direction.
Sole paragraph. It is forbidden to ADENE leaders have a direct or indirect interest in recipient firm Development funds from the Northeast and Amazon.
Art. 8 Is prevented from exercising Office ADENE direction the person who, during the 12 months preceding the date of his appointment, he retained any of the following links to private company that has submitted or approved by the project ex-Superintendência the development of the Northeast or by ADENE, as provided in art. 14 of the provisional measure in 2001, 2,156-5: I-direct participation as a shareholder or partner with interest more than 5% of the share capital;
II-administrator, Manager or member of Supervisory Board; or III-employee, albeit with an employment contract suspended.
Art. 9th Executive Managers and coordinators-General will be chosen, preferably among occupants of senior staff position of the municipality or one of the Federal public administration servers that have professional qualification and training compatible with the occupation or position to be exercised.
Art. 10. The occupants of the offices of the Director and Advisory Group-of 101.2 and 102.2 will be chosen among occupants of post servers of staff of ADENE, obeyed the requirement of qualification and vocational training consistent with their function or position to be exercised.
Sole paragraph. Until it is created the staff of ADENE, the positions of the caput of this article shall be provided by the Federal Government, of proven technical and administrative experience.
CHAPTER IV TECHNICAL COMMITTEE Art. 11. The Technical Committee, Board of intermediate decision and assist the Board, the following Collegiate composition: I-Director General of ADENE, the coordinate;
II-a delegate: a) the Banco do Nordeste S.A.;
b) Brazil Bank S.A.;
c) of Banco Nacional de Desenvolvimento Econômico e Social-BNDES;
d) State Governments; and e) for private sector and workers ' organisations.
Sole paragraph. The Technical Committee will have its organisation and operation set out in regulation to be approved by the Collegiate Board.
Chapter V the powers of Art. 12. The Joint Board shall: (I)-to undertake the administration of ADENE;
II-edit rules on jurisdiction of the ADENE;
III-to approve the bylaws of ADENE;
IV-comply with and enforce the guidelines and proposals approved by the Board of Directors for the development of the Northeast;
V-verify the compatibility of projects with the development plan and the guidelines and priorities established by the Advisory Board for the development of the Northeast;
VI-to approve and authorize the contracting of projects to be implemented with funds from the Development Fund of the Northeast;
VII-forward the draft budget of the Ministry of National Integration, HEDGING;
VIII-forward management reports and financial statements of ADENE the competent organs;
IX-to authorize the dissemination of reports on the activities of the ADENE;
X-decide on the sale, transfer or lease of goods belonging to the patrimony of ADENE;
XI-notify and apply the penalties provided for in the legislation;
XII-knowing and judging requests for reconsideration of decisions of Board members;
XIII-supervise and coordinate, in a way that has the internal regulations, the actions of the Executive Management;
XIV-create technical Chambers to act in specific thematic areas, in order to subsidize technical matters submitted to the deliberation of the Collegiate Board;
XV-comply with and enforce the management contract that treats the art. 23; and XVI-indicate the members of the Technical Committee.
(1) the Joint Board shall meet with the presence of at least three directors, including the Chairman, and shall decide by simple majority of votes.
§ 2 the decisions related to the institutional competences of the ADENE will be taken by the Management Body.
§ 3 the development and changes of the internal regulations shall be taken with the presence of all Directors.
Art. 13. The Technical Committee has the competence to promote the integration of public and private institutions that represent the organized community of the area where the ADENE, aiming to concentrate efforts and resources to harmonize, synchronize, and enable the implementation of public and private actions of interest to the development of the Northeast.
Art. 14. The Office shall: (I)-assist the Director General in his social, political and administrative representation and advise you in matters of its competence; and II-plan, coordinate and execute the activities of media, parliamentary support and external relations.
Art. 15. The general coordination of Institutional strategic management shall: (I) advise the Board in Collegiate-issues related to the fulfilment of the goals laid down in its mandate;
II-to coordinate the preparation of the planning of the ADENE, as well as monitoring and evaluating its implementation;
III. establish guidelines to systematize and make available management information of ADENE;
IV-coordinating and evaluating activities related to planning, implementation of communication and information networks of the ADENE;
V-establish guidelines for the preparation of the program of human resources development, in line with the strategic direction of the ADENE;
I saw you draw up annually, the social balance sheet of ADENE;
VII. coordinate the implementation of actions that target the dissemination of new organizational practices, aiming at the continuous improvement of the quality, efficiency and productivity of the ADENE; and VIII-receive and adopt measures in relation to complaints, complaints and criticism about the performance of ADENE.
Art. 16. The Attorney General's Office, an agency linked to the General Law of the Union, shall: (I)-represent judicially ADENE, with procedural prerogatives of State;
II-perform the consulting activities and legal advisory services, applying, what fits, the provisions of art. 11 of the complementary law in 73, of 10 February 1993;
III-measuring the liquidity and certainty of claims, of whatever nature, inherent to the activities of ADENE, enlisting them in debt for friendly or judicial collection;
IV-represent holders and former holders of legal positions in Steering Committee as well as the occupants of the position of the ADENE, including promoting private criminal action or representing before the Prosecutor, when victims of crime, as the acts performed in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially from the Agency, and still the same acts , to file habeas corpus and injunction to protect the public; and V-watch ADENE authorities in control of the internal lawfulness of administrative acts to be committed, including examining the texts of normative acts, the edicts of bidding, contracts and other acts which flow from it as well as the acts of dismissal and non-requirement for tender.
Art. 17. The Internal Audit shall: (I) advise the Collegiate Board-for the achievement of institutional goals of the ADENE;
II-verify conformity to current standards of the actions of budget management, financial, accounting and assets;
III-physical and financial monitoring the implementation and the results obtained in the application of resources in relation to projects, programs and actions, under the responsibility of the ADENE;
IV-provide information and track requests from internal and external control bodies; and V-oversee the inspection of physical and financial execution of projects under the responsibility of the ADENE.
Art. 18. The general coordination of administration and finance to plan, coordinate and supervise duties and responsibilities of the implementation of activities related to the Federal budget Systems, accounting, Financial management, administration of computer Resources, Human resources and General Services, within the framework of the ADENE.
Art. 19. The Executive Managements competes coordinate and perform actions aimed at promoting regional development, focusing of business planning and strategic coordination, information and knowledge, economic competitiveness, regional integration and social inclusion, in the form laid down in the internal regulations of the ADENE.
Sole paragraph. The Executive Management shall refer to Directors in the form that has the internal regulations of the ADENE.
CHAPTER VI the RESPONSIBILITIES OF DIRECTORS Art. 20. The Director-General of the ADENE shall: (I)-exercise their legal representation;
II-preside over the meetings of the Collegiate Board;
III-to fulfill and to enforce the decisions of the Collegiate Board;
IV-decide, ad referendum of the Collegiate Board, urgent issues;
V-decide, in case of a tie, in the deliberations of the Collegiate Board;
VI-to appoint servers;
VII-to provide the offices and the functions of trust;
VIII-admit employees and order and dismiss employees and servers;
IX-to approve edicts and approve bidding procurement;
X-forward to the Ministry of national integration to ADENE's budget proposal;
XI-to authorize the hiring of third-party services, in the form of specific legislation;
XII-sign contracts, agreements and covenants, previously approved by the Collegiate Board;
XIII-order expenses and practice management acts necessary for the achievement of goals of the ADENE;
XIV-practice other acts of human resource management, including public notice and approve approve results of invitations to tender;
XV-exercise disciplinary authority in accordance with the legislation in force; and XVI-coordinate the Technical Committee.
(1) the Director-General, without prejudice to the competence referred to in item (IV), will participate in the deliberations with voting rights equal to those of other members of the Collegiate Board.
§ 2 The Committee positions and functions functions will be provided by the Director-General, after the passage of the Collegiate Board.
Art. 21. Are duties common to the directors of ADENE: I-run decisions taken by the Joint Board;
II-to fulfill and to enforce regulations within the scope of competences of the ADENE;
III-to ensure the credibility and institutional image of ADENE;
IV. ensure compliance with the plans, programs and projects of concern of ADENE;
V-practice and expedite the acts of administration within the framework of its powers and in accordance with the rules of procedure;
VI-responsible, jointly and severally, in accordance with current legislation and management contracts, as to the results, goals and objectives of the ADENE;
VII-help with grants for proposals for adjustments and modifications in the legislation necessary for the modernization of the institutional environment where the ADENE; and VIII-oversee matters delegated to them by the Collegiate Board.
Art. 22. The Chief of staff, coordinators-General, the Attorney General, the Chief Auditor, the Executive Managers and other leaders is up to plan, coordinate, guide and direct activities related to their respective units and perform other duties that they are committed by delegation of competence and by the internal regulation.
CHAPTER VII of the AGENCY ADMINISTRATION Art. 23 the ADENE administration is governed by the management contract, signed by the Minister of State for national integration and by the Director-General of the Agency, previously approved by the Board of Directors for the development of the Northeast, within 120 days following the appointment of the first Director-General.
(1) the management contract will establish the parameters for the internal administration of the ADENE, the indicators that assess, objectively, its performance and its performance.
(2) During the period referred to in the caput of this article, the lack of the management contract will not prevent the normal performance of the ADENE.
Art. 24. The unjustified management contract may imply the exoneration of the Director General, by the President of the Republic, at the request of the Minister of State for national integration, in compliance with the current legislation.
Art. 25. The ADENE activity will always be reasoned and legally disabled by the principles of legality, impersonality, publicity, equality, morality and economy.
Art. 26. Except for the documents and the records whose disclosure could antagonize the public interest or secret protected, all others will remain open to public consultation.
Art. 27. The ADENE shall establish mechanisms to ensure the participation of organised civil society on the proposition of the Development Plan of the Northeast and in control of his actions, by: I-Organization of special public consultations to discuss, size and legitimize the needs of the beneficiary population of integration policies and regional development;
II. disclosure of information relating to:) studies and official decisions on integration policies and regional development;
b) results achieved with the implementation of regional integration and development actions;
c) justifications for the achievement of the proposed objectives and goals; and d) conclusions of investigations and audits on the implementation of financial resources in projects of regional integration and development;
III-institution, whenever necessary, of committees, boards and advisory character forums, with representatives of the Union, the States, the municipalities and organised civil society.
CHAPTER VIII of the RECIPE and Art HERITAGE. 28. Are ADENE recipes: I-budget appropriations allocated in the general budget of the Union;
II-transfers of the Northeast Development Fund, equivalent to 2% of the value of each release of funds, by way of remuneration for the management of that Fund; and III-any other revenues not specified in items I and II.
Art. 29. World Heritage Constitute the ADENE property and rights that are conferred or to purchase or incorporate.
CHAPTER IX of the SELECTION and monitoring of PROJECTS. 30. The process of review and approval of projects to be financed with funds from the Development Fund of the Northeast will obey guidelines and priorities, criteria and industry space, in line with the development plan of the Northeast.
Art. 31. The supervision of projects financed with funds from the Development Fund of the Northeast will be made by operators, which will attest to its regularity.
(1) operators agents of Northeast development fund the Banco do Nordeste S.A. and other financial institutions federal officials, to be defined in Act of the Executive branch.
§ 2 specific standard will be established by setting the conditions and criteria for surveillance, which should be negotiated between the ADENE and banks operators, with publication in the Official Gazette.
CHAPTER X GENERAL and transitional PROVISIONS Art. 32. Are transferred or redeployed to ADENE: I-the technical and patrimonial collection, the rights and revenues of the Ministry of national integration and of its organs, necessary for the operation of the Agency; and II-budgetary appropriations balances approved by law No. 10171, of 5 January 2001, contained the extinguished sudene-SUDENE, transferred to the Ministry of national integration, maintained the same budgetary classification, expressed by category of programming in its lower level, subject to the provisions of paragraph 2 of art. 3 of law No. 9995, of 25 July 2000, as well as its detailed budget sphere, groups, sources of funding, methods of application and usage identifiers.
Sole paragraph. The Director-General of the ADENE and the Executive Secretary of the Ministry of national integration will adopt the necessary administrative measures to comply with the provisions of this article.
Art. 33. The rules of procedure shall lay down the details of the members of the regimental structure units of ADENE, its powers and responsibilities of their leaders.