DECREE NO 4,126, DE February 13, 2002.

Approves the Regimental Framework and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the North-East Development Agency-ADENE, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of the Provisional Measure n^o 2.156-5, of August 24, 2001,

DECRETA:

Art. 1 Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions-FG of the North-East Development Agency-ADENE in the form of Annexes I and II to this Decree.

Art. 2 As a result of the provisions of the art. 1, stay remanded, in the form of Annex III to this Decree, of the Office of Management, the Ministry of Planning, Budget and Management, coming from the extinct organs of the Federal Public Administration, to ADENE, the following posts in Board of the Grupo-Direction and Advisor Superiors-DAS and Gratified Functions-FG: a DAS 101-6 ; three DAS 101.5 ; ten DAS 101.4 ; twenty one DAS 101.3 ; a DAS 101.2 ; thirteen DAS 101.1 ; four DAS 102.3 ; two DAS 102.2 ; two DAS 102.1 ; ten FG-1 ; and ten FG-2.

Art. 3 The internal regiment of ADENE will be approved by the Directorate Colegiated and published in the Official Journal of the Union, within the period of up to ninety days, counted from the date of publication of this Decree.

Art. 4 This Decree goes into effect on the date of its publication.

Brasilia, February 13, 2002 ; 181^the of Independence and 114^o of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Dias

Ney Suassume

ANNEX I

REGIMENTAL STRUCTURE

DA North East Development Agency

CHAPTER I

OF NATURE, HEADQUARTERS, PURPOSE AND COMPETENCIES

Art. 1 The Development Agency of the North-ADENE, federal municipality, linked to the Ministry of National Integration, created by the Provisional Measure n^o 2.156-5, August 24, 2001, with headquarters and venue in the city of Recife, State of Pernambuco, with the aim of implementing policies and enabling development instruments of the North East, has for competencies:

I-propose and coordinate the deployment of the North East Development Plan, under supervision of the Ministry of National Integration ;

II-run the Northeast Development Fund ;

III-approve projects to be implemented within the framework of the North East Development Fund ;

IV-authorize hiring and release resources from the North-East Development Fund, upon proposition of the operator agent ;

V-audit and evaluate the results of the implementation of the resources of the North East Development Fund ;

VI-implement studies and research aimed at identifying potential and socio-economic and environmental vulnerabilities and propose strategies and actions compatible with the regional space ;

VII-strengthen the productive structures of the region, from the mobilization of its potential ;

VIII-promoting action aimed at social development in the region ;

IX-structuring and implementing information networks in support of productive activities ;

X-promote technical, technological and financial cooperation with national or international bodies, aimed at integration and regional development ;

XI-elaborating feasibility studies of integration and regional development projects ;

XII-implementing programs of managerial, training and human resource skills suitable to the regional market ;

XIII-carrying out territorial planning and management studies and assessing impacts of integration and development actions in the region, especially from an environmental point of view ; and

XIV-check the suitability of projects to regional development policy.

Art. 2 The acting area of the North East Development Agency covers the states of Alagoas, Bahia, Ceará, Maranhão, Paraíba, Pernambuco, Piauí, Rio Grande do Norte, Sergipe, Espírito Santo and the regions and the Municipalities of the State of Minas Gerais that treat the Leis n^the 1,348, February 10, 1951, 6,218, July 7, 1975, and 9,690, of July 15, 1998, as well as the Municipalities of Formous Waters, Atala, Bertopolis, Campanario, Carlos Chagas, Catuji, Crisólita, Franciscópolis, Frei Gaspar, Border of the Valleys, Itaipé, Itambacuri, Ladainha, Maxacalis, Nanuque, New East of Mines, Green Gold of Mines, Pavon, Pescador, Poté, Santa Helena of Mines, Serra dos Aimorés, Setubinha, Theophile Otoni and Umburatiba, belonging to the Valley of the Mucuri, in addition to Santa Fe de Minas and St. Roman.

Art. 3 ADENE's performance will obey the fundamentals, objectives, guidelines and instruments of the integrated national development policy and the Northeast Development Plan and will be effected in articulation with the Deliberative Council for the Development of the North East, organs and public entities of the federal, state and municipal governments that act in the region, and organized civil society.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 4 ADENE has the following organizational structure:

I-collegiate bodies:

a) Colegiated Board ; and

b) Technical Committee.

II-direct and immediate assistance organs to the Colegiated Directorate:

a) Cabinet ;

b) Coordination-General of Institutional Strategic Management ; and

c) Solicitor-General;

III-Sectional Organs:

a) Internal Audit ; and

b) Coordination-General of Administration and Finance ;

IV-singular specific organs: Executive Generations.

CHAPTER III

DA DIRECTION AND APPOINTMENT

Art. 5 ADENE will be directed in a collegiate regime by a Directorate composed of a Director General and three Directors.

§ 1 The appointment of the Director-General and the other Directors shall be made by the President of the Republic, after approval by the Federal Senate, pursuant to paragraph "f" of the inciso III of the art. 52 of the Constitution, by appointment of the Minister of State for National Integration, being at least one of them chosen from federal public servants.

§ 2 The Colegiated Directorate will designate one of its members to take the general direction in the eventual absences and impediments of the Director-General, and the other directors will be substitutes possible with each other.

§ 3 The remaining leaders will be appointed by the Director-General, after approval of the Colegiated Board.

Art. 6 The appointment of the Attorney General shall be preceded by the annuence of the Advocate General of the Union.

Art. 7 It is vetoed to the Directors of ADENE the exercise of another professional, business, trade union or political-party direction activity.

Single Paragraph. It is vetoed to ADENE's Leaders to have direct or indirect interest in the beneficial company of the Northeast Development Funds and the Amazon.

Art. 8 It is prevented from exercising direction of direction of ADENE the person who, in the twelve months prior to the date of his nomination, has maintained any of the following links with private enterprise that has submitted submitted project or approved by former Northeast Development Superintendency or ADENE, as set out in the art. 14 of Provisional Measure n^o 2.156-5, from 2001:

I-direct participation as a shareholder or partner, with an interest of more than five percent of the social capital ;

II-administrator, manager or board member of management or fiscal ; or

III-employed, albeit with suspended work contract.

Art. 9 The Generates-Executives and the General Coordinators will preferably be chosen from the effective job occupants of the Autarish Personnel Board or from the Federal Public Administration's servers that have vocational qualification and training compatible with the function or office to be exercised.

Art. 10. The occupants of the posts of the Group-Direction and Superior aides-DAS 101.2 and 102.2 will be chosen from the effective job-occupiers of the ADENE Personnel Framework, obeyed the requirement for qualification and professional training compatible with the respective function or office to be exercised.

Single Paragraph. Until the ADENE Personnel Framework is set up, the posts of which it treats the caput of this article will be provided by servers of the Federal Public Administration, of proven technical and administrative experience.

CHAPTER IV

OF THE TECHNICAL COMMITTEE

Art. 11. The Technical Committee, the intermediate and auxiliary decision-making body of the Colegiated Directorate, will have the following composition:

I-Director-General of ADENE, which will coordinate it ;

II-a representative:

a) from the Bank of Northeast S.A.;

b) of the Banco do Brasil S.A.;

c) of the National Bank for Economic Development and Social-BNDES ;

d) of the State Governments ; and

e) of the private sector and employees' entities.

Single Paragraph. The Technical Committee will have its organization and operation established in regulation of its own, to be approved by the Colegiated Board

CHAPTER V

DAs Competencies of the Organs

Art. 12. The Collegiate Board competes:

I-exercise the administration of ADENE ;

II-editing standards on the competence of ADENE ;

III-approve the internal regiment of ADENE ;

IV-comply with and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the North East ;

V-check the compatibility of the projects with the Northeast Development Plan and with the guidelines and priorities established by the Deliberative Council for the Development of the North East ;

VI-approve and authorize the hiring of projects to be executed with resources from the Northeast Development Fund ;

VII-refer ADENE's budget proposal to the Ministry of National Integration ;

VIII-forward the management reports and accounting demonstratives of ADENE to the competent bodies ;

IX-authorize the release of reports on the activities of ADENE ;

X-decide on the sale, assignment or rental of ADENE estate integral assets ;

XI-notify and apply the penalties provided for in the legislation ;

XII-know and judge requests for reconsideration of decision-making of Board members ;

XIII-supervise and coordinate, in the form that disposes of the internal regiment, the actions of the Executives Generations ;

XIV-create technical chambers to act in specific subject areas, aiming to technically subsidize subjects submitted to the deliberation of the Colegiated Board ;

XV-comply and enforce the management contract that it treats art. 23 ; and

XVI-nominate the members of the Technical Committee.

§ 1 The Colegiated Directorate will meet with the presence of at least three Directors, among them the Director-General, and will deliberate by a simple majority of votes.

§ 2 Decisions relating to the institutional competencies of ADENE will be made by the Colegiated Directorate.

§ 3 The elaboration and changes of the internal regiment shall be taken with the presence of all Directors.

Art. 13. The Technical Committee has for competence to promote the integration of public and private institutions that represent the organized community of ADENE's acting area, aiming to focus efforts and resources to harmonize, synchronize and make it possible to implementation of public and private actions of interest for the development of the Northeast.

Art. 14. The Cabinet competes:

I-provide assistance to the Director-General in his / her social, political and administrative representation and advise him on the matters of his / her competence ; and

II-plan, coordinate and execute the social media activities, parliamentary support and relations with the outside.

Art. 15. To the Coordination-General of Institutional Strategic Management competes:

I-advise the Colegiated Directorate in the matters related to meeting the targets set out in its mandate ;

II-coordinate the elaboration of ADENE planning, as well as monitor and evaluate their execution ;

III-establish guidelines for systematization and make available ADENE managerial information ;

IV-coordinate and evaluate activities related to planning, deployment of communication networks, and ADENE information ;

V-establish guidelines for the elaboration of the human resource development program, in line with ADENE's strategic direction ;

VI-draw up, annually, the social balance sheet of ADENE ;

VII-coordinate the implementation of actions that object to the dissemination of new organizational practices, aiming at the continuous improvement of ADENE's quality, efficiency and productivity ; and

VIII-receive and adopt arrangements in relation to complaints, grievances and criticisms about ADENE's acting.

Art. 16. To the Prosecutor-General, the body linked to the Advocacy-General of the Union, competes:

I-to judicially represent ADENE, with procedural prerogatives of Public Finance ;

II-perform the consultancy and legal advice activities, applying, in what couber, the provisions of the art. 11 of the Supplementary Law n^o 73, of February 10, 1993 ;

III-ascertaining the liquidity and certainty of claims, of any nature, inherent in ADENE's activities, by enrolling them in active debt, for the purposes of amicable or judicial collection ;

IV-to judicially represent holders and former officeholders in steering commission, as well the effective office occupants of ADENE, including by promoting private penal action or representing before the Public Prosecutor's Office, when victims of crime, as for acts practiced in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially of the Agency, and may, yet, as to the same acts, prevent habeas corpus and warrant for security in defence of public servants ; and

V-attend ADENE authorities in the internal control of the administrative legality of the acts to be practiced, including by previously examining the texts of normative acts, the bidding editions, contracts and other acts of it arising, as well as the acts of dispensation and unchargeability of bidding.

Art. 17. The Internal Audit competes:

I-advise the Colegiated Directorate for the fulfillment of ADENE's institutional objectives ;

II-check compliance with the current standards of the acts of budgetary, financial, accounting and heritage management ;

III-to monitor the physical and financial execution and results obtained in the application of resources in respect of projects, programs and actions, under the responsibility of ADENE ;

IV-provide information and monitor the requests coming from the internal and external control bodies ; and

V-supervise the supervision of the physical and financial execution of the projects under the responsibility of ADENE.

Art. 18. To the Coordination-General of Administration and Finance competes to plan, coordinate and supervise the execution of the activities related to the Federal Budget, Accounting, Financial Administration, Administration of Resources Administration. Informatics, Human Resources and General Services within the framework of ADENE.

Art. 19. Executive Generations competes to coordinate and execute actions aimed at the promotion of regional development, having as a focus of acting on strategic planning and coordination, information and knowledge, economic competitiveness, integration regional and social inclusion, in the form established in the internal regiment of ADENE.

Single Paragraph. Executive Generations will report to the Directors, in the form that disposes the internal regiment of ADENE.

CHAPTER VI

OF THE ALLOCATIONS OF LEADERS

Art. 20. The Director General of ADENE rests:

I-exercise their legal representation ;

II-chair the meetings of the Colegiated Directorate ;

III-comply and enforce the decisions of the Colegiated Board ;

IV-decide, ad referendum of the Colegiated Directorate, the questions of urgency ;

V-decide, in the event of a tie, in the deliberations of the Colegiated Board ;

VI-nominate and exonerate servers ;

VII-provide the posts in commission and the functions of trust ;

VIII-admit employees and requisition and fire employees and servers ;

IX-approve editions of bidding and homologate adjudications ;

X-refer to the Ministry of National Integration the proposed ADENE budget ;

XI-authorize the hiring of third party services in the form of the specific legislation ;

XII-sign contracts, agreements and arrangements, previously approved by the Colegiated Directorate ;

XIII-order expenses and practice the necessary management acts within the scope of ADENE objectives ;

XIV-practice other acts of human resource management, including approving edition and homologating results of public tenders ;

XV-exercise disciplinary power, in accordance with the legislation in force ; and

XVI-co-ordinate the Technical Committee.

§ 1 The Director-General, without prejudice to the jurisdiction referred to in inciso IV, shall participate in the deliberations with the right to vote equal to that of the other members of the Colegiated Board.

§ 2 The posts in commission and the gratified functions will be provided by the Director-General, after the approval of the Colegiated Board.

Art. 21. They are common assignments to the Directors of ADENE:

I-execute the decisions taken by the Colegiated Directorate ;

II-comply with and enforce regulatory provisions within the scope of ADENE's competences ;

III-to take care of the credibility and institutional image of ADENE ;

IV-to ensure compliance with ADENE's plans, programs and projects ;

V-practise and expedite the acts of administrative management within the scope of its assignments and in the terms of the internal regiment ;

VI-holding, severally, under the terms of the legislation in force and management contracts, as to the results, objectives and targets of ADENE ;

VII-contribute subsidies for proposals for adjustments and modifications to the legislation, necessary to the modernization of ADENE's acting institutional environment ; and

VIII-supervise matters that are delegated to them by the Colegiated Directorate.

Art. 22. To the Chief of Staff, the Coordinators-General, the Attorney General, the Chief Auditor-Officer, the Generates-Executives and the other leaders is to plan, coordinate, guide and direct the activities related to their respective units and exercise other assignments which are entrusted to them by delegation of competence and the internal regiment.

CHAPTER VII

DA ADMINISTRATION OF THE AGENCY

Art. 23 A ADENE administration shall be governed by contract of management, signed by the Minister of State for National Integration and the Director General of the Agency, previously approved by the Deliberative Council for Development of the North East, within the period of one hundred and twenty days following the appointment of the first Director-General.

§ 1 The management contract will establish the parameters for the internal administration of ADENE, as well as the indicators that allow to evaluate, objectively, its administrative performance and its performance.

§ 2° During the time limit set in the caput of this article, the non-existence of the management contract will not prevent the normal performance of ADENE.

Art. 24. The unwarranted discompliance of the management contract may entail the exoneration of the Director-General, by the President of the Republic upon request by the Minister of State for National Integration in compliance with the current legislation.

Art. 25. The activity of ADENE will always be substantiated and legally conditioned by the principles of legality, impersonality, equality, advertising, morality and economicity.

Art. 26. Salvaged the documents and the autos whose disclosure may counter the public interest or protected secret, all too many will remain open to public consultation.

Art. 27. The ADENE will establish mechanisms that ensure the participation of civil society organized in the proposition of the North East Development Plan and in the control of its actions, upon:

I-organization of special public consultations to discuss, size and legitimize the needs of the population benefactor of the policies of integration and regional development ;

II-disclosure of information regarding:

a) official studies and decisions on policies of integration and regional development ;

b) results achieved with the implementation of integration actions and regional development ;

c) justifications for the non-achieving of proposed goals and targets ; and

d) findings of investigations and audits on the application of financial resources in integration projects and regional development ;

III-institution, where necessary, of committees, chambers and advisory character forums, with representatives of the Union, States, Municipalities and organised civil society.

CHAPTER VIII

DA REVENUE AND WEALTH

Art. 28. They constitute recipes from ADENE:

I-budget appropriations earmarked in the General Budget of the Union ;

II-transfers from the North East Development Fund, equivalent to two per cent of the value of each release of resources, in the form of remuneration for the management of that Fund ; and

III-any other unspecified recipes in the incisos I and II.

Art. 29. They constitute an ADENE heritage the goods and rights which are conferred upon it or which it will acquire or incorporate.

CHAPTER IX

DA SELECTION AND SURVEILLANCE OF PROJECTS

Art. 30. The process of analysis and approval of projects to be funded with resources from the Northeast Development Fund will comply with guidelines and criteria of priorities, spatial and sector, in line with the North East Development Plan.

Art. 31. The supervision of projects financed with resources from the North East Development Fund will be done by the operators, who will, yet, attest to their regularity.

§ 1 Are operators of the North East Development Fund the Bank of Northeast S.A. and other federal official financial institutions, to be defined in act of the Executive Power.

§ 2 It will be established specific standard, setting out the conditions and the criteria for surveillance, which are to be negotiated between ADENE and the operators, with publication in the Official Journal of the Union.

CHAPTER X

DAS GENERAL AND TRANSITIONAL PROVISIONS

Art. 32. Stay transferred or remanded to ADENE:

I-the technical and patrimonial acquis, the rights and revenues of the Ministry of National Integration and its organs, necessary for the operation of the Agency ; and

II-the balances of the budget appropriations approved by the Law n° 10,171 of January 5, 2001, consignment to the extinction Superintendence of the Development of the North-SUDENE, transferred to the Ministry of National Integration, maintained the same budget classification, expressed by programming category at its lowest level, noted the provisions of the § 2th of art. 3 of Law n° 9,995, of July 25, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities and usage identifiers.

Single Paragraph. The Director General of ADENE and the Executive Secretary of the Ministry of National Integration shall adopt the administrative arrangements necessary to comply with the provisions of this article.

Art. 33. The internal regiment will define the detailing of the integral units of the regimental structure of ADENE, their competencies and the assignments of their leaders.