Provisional Measure No. 1,984-17 Of 4 May 2000

Original Language Title: Medida Provisória nº 1.984-17, de 4 de Maio de 2000

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Provisional measure no. 1,984-17 of 4 May 2000.
In addition and changes in laws 8437 devices, of 30 June 1992, 9028, of 12 April 1995, 9494, and September 1997 10, 7347, of 24 July 1985, 8429 of 2 June 1992, 9704, 17 November 1998, and Decree-Law No. 5452, 1 May 1943, and of law No. 5869 January 11, 1973, and other matters.
The Vice-President of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 law No. 8437, of 30 June 1992, with the following changes:? Art. 1................................................................................................................................................................................................................................................................................................ paragraph 4 in cases where appropriate injunction, without prejudice to the communication to the Chairman of the organ or entity, its legal representative will be immediately served.
paragraph 5 shall not be applicable injunction that grants compensation or social security tax credit? (NR)
? Art. 4................................................................................................................................................................................................................................................................................................ paragraph 3 of the order granting or denying the suspension, injury, within five days, which can be received with suspensive effect.
§ 4 Denied the suspension, even before the filing of the grievance referred to in the preceding subparagraph, new suspension request to the President of the court competent to judge any special or extraordinary feature.
§ 5 the interposition of interlocutory appeal against injunction granted in claims against the Government and its agents shall not affect or conditions the suspension request referred to in this article.
§ 6 the President of the Court may give the request suspensive effect injunction, if courts prior, the plausibility of the right invoked and urgency in the granting of the measure.
§ 7 To verify that the injunction has now expired, in whole or in any part, or object or action is accepted in flagrante offence the law or the jurisprudence of the Court, the President of the Court may suspend it with effective retroactive to the date on which it was granted, making void any executive act resulting.
§ 8 The injunctions whose object is identical can be suspended in a single decision, the President of the Court may extend the effective suspension limares consequential, by simple addition of original application.? (NR)
? Art. 4th-a. rescisórias actions proposed by the Union, States, Federal District and Municipalities, as well as by and foundations imposed by public authorities, characterized the legal plausibility of the claim, the Court may, at any time, grant injunctive relief to suspend the effects of the sentence rescindenda? (NR)
Art. 2nd art. 6 of Act No. 9028, of 12 April 1995, goes into effect plus §§ 2 and 3, remunerating-if the current single paragraph for paragraph 1:? (2) subpoenas to be implemented outside the headquarters of judgment will be made, necessarily, in the form provided for in art. 237, item II, of the code of Civil procedure.
paragraph 3 shall apply to attorneys or lawyers members of the bodies linked to the Solicitor-General of the Union in the caput and paragraph 2 of this article, about the pending cases in court for the first degree of jurisdiction? (NR)
Art. 3rd Law No. 9028, 1995, with the following changes:? Art. 4................................................................................................................................................................................................................................................................................................ paragraph 4 upon request of the Attorney-General's Office or Manager of the Jaubert Attorney-General, and for the purposes set out in the chapeau, the organs and entities of the Federal Administration shall designate for servers that act as experts or technical assistant in particular made applicable to this request the provisions of §§ 1 and 2 of this article.? (NR)
? Art. 8A. Is created at the Office of the Attorney-General's Office, the coordination of Linked, to help it exercise its powers of normative guidance and technical supervision of the legal organs of the public and foundations.
(1) the Coordinator of the Bound will be the Union Consultant, appointed by the Attorney General's Office.
(2) the Attorney-General's Office will edit Act, pursuant to art. 45 of complementary law No. 73, of 10 February 1993, on the coordination of this article? (NR)
? Art. 11-a. is authorized the Solicitor-General to assume for their Offices, temporarily and exceptionally, legal representation of public authorities or foundations on the following assumptions: I-absence of attorney or lawyer;
II-impediment of the legal body.
(1) the legal representation provided for extraordinary in this article may occur at the request of the head of the entity or on the initiative of the Attorney-General's Office.
(2) the members of the General Law of the Union, in the exercise of judicial representation in this article, procedural prerogatives will be ensured by law.
(3) the Attorney-General's Office, with the purpose of supplying occasional organ deficiencies linked to the General Law of the Union may designate for providing them temporary corroboration members of law General, Local Attorneys, Legal Assistant and Lawyers of other entities, whether in judicial representation or activity of consultancy and Legal Advice, and, for the duration of the temporary collaboration, invested the same powers granted to the members of its Organs.
§ 4 in the cases contemplated in paragraph 3 does not apply the restriction contained in the final part of the art. 20, paragraph 3, of law No. 8112 of 11 December 1990, amended by Law of December 10, 1997 9527.? (NR)
? Art. 11-B. The legal representation of the Union, as the matters entrusted to the federal authorities and foundations listed in Annex V to this law shall be made directly by the lawyers themselves General while remaining Legal organs of those entities responsible their consulting activities and legal advice.
§1 The Local Attorneys, Paralegals and Lawyers members of the management of the entities referred to in the caput in them will remain, until law providing for a new form of legal representation, direct and indirect, of the Union, considered the foundational and local entities, as well as on the provision of consultancy and legal advice to these entities.
(2) until they are transferred to the law firm's own general court proceedings in tempos, the Legal Organs of the related entities in annex V shall continue for a period of 90 days, as jointly responsible for the legal representation as to matters of competence of the respective municipality or Foundation.
(3) the Attorney-General's Office, in the interests of the service and in specific cases, may extend the period referred to in paragraph 2 in order to ensure the best defence of the Union in court.
§ 4 The Legal Bodies of the entities referred to in the caput, together with the respective agencies of the Solicitor-General, within 60 days, will make the lifting of legal proceedings in progress, indicating the phase in which they find themselves? (NR)
? Art. 19.............................................................................................................................................................................................................................................................................................. § 5 transpositions take effect for this article reached only stable servers in public service, referred to in item I of the caput.? (NR)
? Art. 19-a. are transposed to the Paralegal career of law General, the current effective positions of direct Federal Administration, private of Bachelor of law, whose duties, laid down in normative act, have eminently legal content and correspond to those laid down in the assistance of that Career positions, or covering, and which: I-are vague; or (II) have as starters, stable servers in the public service: a) before October 5 1988 ever held office, or permanent employment, private Bachelor in law, eminently legal content, in accordance with the caput, direct Federal Administration, agencies or foundations, according to the constitutional and legal rules then applicable;
b) vested after 5 October 1988, have been due for approval in public tender or application of § 3 of art. 41 of the Constitution.
§ 1 in the situations provided for in item II, the implementation object of this article covers the positions and their holders.

§ 2 the transposition of egress server of autarchy or federal public Foundation, referred to in item II) (? the? and? b?, reaches only one who joined the direct administration as a result of the revocation or amendment of the legal nature of the entity to which it belonged, and provided that the tasks of the respective governing authority and its staff have been, by law, absorbed by organs of direct administration.
§ 3 The disciplined transpositions in this article also apply to correlation and the procedures set out in art. 19 of this law (§§ 2, 3 and 4).
§ 4 the transpositions of this article shall be formalized in declaratory Act the Attorney General's Office, for the application concerned.
§ 5 the possible financial effects of transpositions in reference, will only be due to their beneficiaries, from the date on which published the declaratory Act, object of the previous paragraph.
paragraph 6 maximum of holders of direct Federal Administration, in which there are positions in the situation described in the caput and item I should recommend you to Solicitor-General's Office, through the Ministry of planning, budget and management, indicating, for each vacant, its origin, evolution, and conducting assignments.
§ 7 the application contemplated in paragraph 4 must be accompanied by the necessary documentation to verify that the server meets the provisions of this article, and docketed in the human resources body of the respective Ministry or Secretary of State, after which should be forwarded to the Attorney-General's Office, in the manner regulated by it, accompanied by the respective conclusive manifestation body of legal advice? (NR)
? Art. 21. The holders of the offices of the Union Lawyer, Attorney of the National Treasury and Legal Assistant of the respective careers of law-General shall be responsible for representing you in court and out of court, as well as perform legal advice activities of the Executive power, as has normative act of the Attorney-General's Office? (NR)
? Art. 24-the. The Union, its local authorities and public foundations are exempt from charges and fees and other legal fees, on any forums and instances? (NR)
Art. 4 the law nº 9494, of 10 September 1997, force plus the following items:? Art. 1. Are exempt from prior deposit to appeal, legal entities of public law, federal, State, and municipal district? (NR)
? Art. 1. The period referred to in the caput of the art. 730 of the code of Civil procedure shall be thirty days.? (NR)
? Art. 1 c. will prescribe in five years the right to obtain compensation for damage caused by agents of legal entities under public law and private law legal persons providing public services? (NR)
? Art. 2A. The civil sentence rendered in collective action proposed by associative entity, in defence of the interests and rights of its members, will cover only the replaced which have, on the date of the filing of the action, domicile within the territorial jurisdiction of the pronouncing body.
Sole paragraph. In collective actions proposals against direct administration entities, agencies and foundations of the Union, the States, the Federal District and the Municipalities, the application must be instructed with the minutes of the meeting of the associative entity authorized, together with the nominal relationship of its members and their addresses? (NR)
? Art. 2nd-B. The sentence that has for object the resource release, inclusion in payroll, reclassification, assimilation, granting an increase and extension of benefits to the Union, the States, the Federal District and the Municipalities, including their and foundations, can only be performed after your traffic.
Sole paragraph. The judgment in precautionary action can only have satisfativo character when the final judgment in the main action.? (NR)
Art. 5 the time limits referred to in art. 26 of law No. 9651, of 27 May 1998, are extended for a further 24 months from its expiration.
Art. 6 art. 2 of law No. 7347, of 24 July 1985, goes into effect plus the following:? Sole paragraph. The filing of the action will prevent the jurisdiction of judgment for all actions subsequently instituted that have the same cause of action or the same object?
Art. 7th art. 17 of law No. 8429 of 2 June 1992, goes into effect with the following paragraph: 5. § 5 the filing of the action will prevent the jurisdiction of judgment for all actions subsequently instituted that have the same cause of action or the same object? (NR)
Art. 8. The art. 1 of law No. 9704, of 17 November 1998, goes into effect with the following paragraph 2, renumbering the current first paragraph for paragraph 1:? (2) To the head of legal body of federal authority and Foundation established and maintained by the Union, will be appointed Bachelor of law of recognized suitability, capability and experience for the position and that has exercised the law for at least five years.? (NR)
Art. 9th art. 467 of Decree-Law nº 5452 of 1st May 1943 (consolidation of the labour law), goes into effect with the following single paragraph:? Sole paragraph. The provisions of the main clause does not apply to the Union, the States, the municipalities and their public and foundations? (NR)
Art. 10. art. the law No. 741 5869, of 11 January 1973, with wording by law No. 8953, December 13 1954, goes into effect with the following single paragraph:? Sole paragraph. For the purposes of item II of this article, is also unenforceable, the Court title founded in law, normative act or in its interpretation or application declared unconstitutional by the Supreme Court? (NR)
Art. 11. Get convalidados the acts performed on the basis of provisional measure no. 1,984-16, 6 April 2000.
Art. 12. This provisional measure shall enter into force on the date of its publication.
Brasilia, 4 May 2000; 179 of independence and 112 of the Republic.
Fernando henrique cardoso José Gregori Martus Tavares Gilmar Ferreira Mendes

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