DECREE NO 8,423, DE March 30, 2015

Regulation the criteria for progression functional and promotion in the career of Environment Specialist, of which it treats Law No. 10,410 of January 11, 2002, and the Special Plan of Cargos of the Ministry of the Environment and the Brazilian Institute of Environment and Resources Renewable Naturals-IBAMA-PECMA, of which it treats Law No. 11,357 of October 19, 2006.

THE CHAIRMAN OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of the art. 14 a art. 18-A of Law No. 10,410 of January 11, 2002 and in § 10 of the art. 16 of Law No. 11,357 of October 19, 2006,

DECRETA:

Art. 1º This Decree regulates the criteria for functional progression and promotion in the Environment Specialist's career, of which it treats Law No. 10,410 of January 11, 2002, and the Special Plan of Cars of the Ministry of the Environment and the Brazilian Institute for the Environment and Renewable Natural Resources-IBAMA-PECMA, of which it treats Law No. 11,357 of October 19, 2006.

Art. 2º The development of the occupational servers of effective proofing of the career of Specialist in Environment and PECMA will occur upon functional progression and promotion. Art. 3º For the purposes of this Decree, you consider yourself:

I-functional progression-the pass-through of the server to the immediately superior due standard within a same class ; and

II-promotion-the server pass from the last standard of a class to the first standard of the class immediately superior.

Art. 4º The development of the server in the Environment Specialist's career and PECMA will observe the following requirements:

I-for purposes of functional progression:

a) fulfillment of the interstine of a year of effective exercise in each standard ; and

b) result equal to or greater than seventy-per cent of the maximum score limit in the evaluations of individual performance, at the interstice considered for progression ; and

II-for promotion purposes:

a) fulfillment of the interstine of a year of effective exercise in the last standard of each class ;

b) result equal to or greater than eighty per cent of the maximum score limit in the evaluations of individual performance, at the intersttation considered for promotion ;

c) participation in capacitive events with minimum content and minimum hourly load established in the form of the Attachment ; and

d) for the PECMA's integral servers, the existence of vacancy in class immediately superior.

§ 1º The evaluation of applied individual performance for the purposes of perception of Gratification of Performance of Environmental Specialist-GDAEM Activity will be used for performance evaluation purposes for functional progression and promotion of the integral servers of the Environment Specialist's career.

§ 2º The evaluation of applied individual performance for the purposes of perception of Gratification of Performance of Technical Activity-Executive and Environment Support-GTEMA will be used for performance evaluation purposes for functional progression and promotion of the PECMA's integral servers.

§ 3º The server, an integral part of the career of Environment Specialist, occupant of Cargo de Special nature or position in commission of the Group-Direction and Superiors-DASlevels 4, 5, or 6 or equivalent applies, for purposes of functional progression and promotion, only the provisions of paragraph "to" the incisors I and II and in paragraph "c" of the inciso II of the caput.

§ 4º To server, member of PECMA, occupant of Special Nature Cargo or office in Superior board commission and Superior-DAS levels 4, 5, or 6 or equivalent applies, for purposes of functional progression and promotion, only the provisions of paragraph "to" the incisos I and II and in the letters "c" and "d" of the inciso II of the caput.

Art. 5º The interstential necessary for functional progression and the promotion provided in paragraph "to" the incisos I and II of the caput of art. 4º will be computed in days and counted from the date of entry into office of the server in office.

§ 1º In the case of servers already in exercise, the interstice will observe the date of the last progression functional or promotion granted to the server.

§ 2º The interstential count for functional progression and promotion will be suspended in absences and on the server's apartments, ressaved the cases considered by Law No. 8,112 of December 11, 1990, as of effective exercise, being taken up the comb from the server's return to activity.

§ 3º In the event of removal deemed to be effective exercise, without prejudice to remuneration, the server will receive the same score obtained previously in the performance evaluation for purposes of functional progression and promotion, until it is processed its first evaluation after the return.

§ 4º There will be no functional progression or promotion in case there has been no prior assessment, yet by force of removal considered to be effective exercise.

§ 5º In the hypothesis of redistribution of servers between the Ministry of the Environment Personnel Tables Environment, IBAMA and the Chico Mendes Institute for Conservation of Biodiversity, the server will take to the new organ the period of the intersttation already computed in the form of the caput.

Art. 6º It is up to the organ or the server's lotion entity to implement permanent program of empowerment, training and development, aimed at ensuring the professionalization of the holders of the Integral Roles of Specialist career in the Middle Environment and PECMA.

§ 1º The capacity-building and qualification will observe the annual capacity-building plan that treats the Decree No 5,707, February 23, 2006, with the aim of enhancing the formation of the servers of the effective personnel framework and the performance of the activities of each unit.

§ 2º The capacity-building needs and qualification of the server whose performance has been considered insufficient will be prioritized in the planning of the annual empowerment plan of the server's organ or lotation entity.

§ 3º The exercise of the typical assignments of the posts that integrate the career of Specialist in Middle Environment and PECMA in localities situated in the Legal Amazon will ensure their holders priority for the achievement of the specific capacity-building course for promotion purposes and removal contests.

Art. 7º For promotion purposes, you may be considered courses and events of empowerment, held in national or foreign institutions, whose contents are compatible with the tasks of the effective post or with the area of server acting.

§ 1º Can be accepted the accumulation of courses and capacitive events with minimum duration of twenty hours-class for the minimum hourly charge voucher set out in the Annex.

§ 2º Postgraduate courses lato sensu, master's and doctoral degrees will only be considered if completed successfully and recognized by the Ministry of Education and, when carried out abroad, they should be revalidated by competent national institution in the form of the legislation.

§ 3º The appropriateness of the courses and events of empowerment to the assignments of the effective post or the area of acting of the server, its content and its duration will be the subject of special committee evaluation to be instituted within the scope of each organ or entity, in act of its maximum leader.

§ 4º For the purposes of § 3º, the Special Committee for granting of the Qualification gratification that it treats art. 82 of Decree No 7,922 of February 18, 2013.

§ 5º Each capacity-building event can only be computed a single time.

Art. 8º The quantitative of PECMA vacancies per class will observe the following percentage:

I-up to twenty-five per cent of the total vacancies in Class A ;

II-up to thirty five per cent of the total vacancies in Class B ;

III-up to twenty percent of the total vacancies in Class C ; and IV-up to twenty percent of the total of vacancies in the Special Class.

§ 1º The Minister of State for the Environment will publish, annually, in the Official Journal of the Union, the quantitive vacancies available for promotion in each class.

§ 2º In the case of the percentage that it treats the caput result in fractional number of vacancies, the rounding up to the first subsequent integer should be carried out, preferring the final classes in descending order.

§ 3º Ato of the Minister of State for the Environment will have on tit-for-all criteria in the case in which the quantitative of servers that fulfill the requirements for the promotion is greater than the quantitative of vacancies made available for each class.

Art. 9º It will be disregarded, for promotion purposes, participation in integral server capacity-building events:

I-from the career of Specialist in the Environment, for the two-year period, from 4 million September 2014 ;

II-from PECMA, up to 1º from July 2016.

Art. 10. The acts of functional progression and promotion will be published, respectively, in the internal bulletin of the server's organ or entity and in the Official Journal of the Union, producing financial effects from the first day subsequent to the date on which the server has completed the requirements.

Art. 11. Act of the maximum leader of the server's organ or entity will have on the specific procedures for purposes of functional progression and promotion, and on the specific system of empowerment and functional qualification for the purposes of promotion of the occupants of the member positions of the Specialist career in the Environment and PECMA.

Art. 12. This Decree shall enter into force on the date of its publication.

Art. 13. Decree No 8,158 of December 18, 2013 shall be repealed.

Brasilia, March 30, 2015 ; 194º of the Independence and 127º of the Republic.

DILMA ROUSSEFF

Nelson Barbosa

Izabella Mónica Vieira Teixeira