Provisional Measure No. 297, 9 June 2006

Original Language Title: Medida Provisória nº 297, de 9 de Junho de 2006

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Provisional measure no. 297, of 9 JUNE 2006.
Regulates § 5 of art. 198 of the Constitution, provides for the use of staff supported by the sole paragraph of art. 2nd constitutional amendment 51, February 14 2006, and other matters.
The 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 the activities of Community Health Agent and Agent to combat endemic diseases, shall be governed by the provisions of this provisional measure.
Art. 2 the performance of activities of Community Health Agent and Agent to combat endemic diseases, in terms of this provisional measure, shall be exclusively within the unified Health System-SUS, in the implementation of the activities of responsibility of the federated entities, through direct link between these agents and agency or entity of the direct administration, agencies or foundations.
Art. 3 the Community Health Agent has as assignment activities of disease prevention and health promotion, through household or Community actions, individual or collective, developed in accordance with the guidelines of SUS and under the supervision of the City Manager, district, State or federal.
Sole paragraph. Are considered to be activities of the Community Health Agent in your area of expertise: I-the use of instruments for demographic and socio-cultural diagnosis;
II-the promotion of education for the individual and collective health;
III-the registry for exclusive control and planning of health, births, deaths, illnesses and other harms to health;
IV-fostering community participation in public policies aimed at the health sector;
V-the holding of periodic visits for monitoring situations of risk to the family; and I saw the participation in actions that strengthen the linkages between the health sector and other policies that promote quality of life.
Art. 4 the fight against endemic diseases has as assignment activities of surveillance, prevention and control of diseases and health promotion, developed in accordance with the guidelines of SUS and under the supervision of the Manager of each federated entity.
Art. 5 the Ministry of health will regulate the activities of prevention, health promotion, surveillance and control operations referred to in arts. 3 and 4 and shall establish the parameters of the courses referred to in subparagraphs (II) of art. 6 and I do art. 7, observed the national curriculum guidelines set by the National Board of education.
Art. 6 the Community Health Agent must meet the following requirements for the exercise of the activity: I-reside in the Community area in that Act, from the date of publication of the notice of the public selection process;
II-to be completed successfully, introductory course of initial and continuing training; and III-be completed elementary school.
§ 1 does not apply the requirement referred to in subsection (III) those who, on the date of publication of this provisional measure, are exercising their own activities of Community Health Agent.
§ 2 the federal entity responsible for the implementation of the definition of the geographical area referred to in item I, in compliance with the parameters established by the Ministry of health.
Art. 7 agent to combat endemic diseases shall meet the following requirements for the exercise of the activity: I-to be completed successfully, introductory course of initial and continuing training; and II-be completed elementary school.
Sole paragraph. Does not apply the requirement referred to in item II to those who, on the date of publication of this provisional measure, are exercising activities as agent to combat endemic diseases.
Art. 8. The community health Agents and agents to combat endemic diseases admitted by local managers of the SUS and the National Health Foundation FUNASA, in the form of the provisions of § 4 of art. 198 of the Constitution, subject to the legal regime established by the consolidation of labor laws – CLT, unless, in the case of States, the Federal District and the Municipalities, local law provides differently.
Art. 9 the hiring of community health Agents and agents to combat endemic diseases should be preceded by public selection process of proof or evidence and bonds, according to the nature and complexity of your assignments and specific requirements for the exercise of activities, that meets the principles of legality, impersonality, morality, publicness and efficiency.
Sole paragraph. It will be up to the organs or direct administration entities of the States, the Federal District or the municipalities ensure, in each case, the existence of previous public selection process for the purpose of exemption referred to in the first paragraph of art. 2nd constitutional amendment 51, of 14 February 2006, considering as such that it has been carried out with observance of the principles referred to in the caput.
Art. 10. The public administration can only terminate unilaterally the contract of Community Health Agent or agent to combat endemic diseases, in accordance with the legal regime of work adopted, on the occurrence of one of the following hypotheses: (I) practice of misconduct, including those listed in art. 482 the consolidation of labor laws – CLT;
II-illegal accumulation of positions, jobs or public functions;
III-need for staff reduction, for excessive expenditure, in accordance with the law in 14 9801, June 1999; or IV-performance failure in procedure which will ensure at least a hierarchical appeal with suspensive effect, that will be appreciated in thirty days, and the prior knowledge of the minimum standards required for the continuity of the employment relationship must be established in accordance with the peculiarities of the activities carried out.
Sole paragraph. In the case of the Community Health Agent, the contract may also be terminated unilaterally in the event of non-compliance with provisions of item I of art. 6, or on the basis of submission of false statement of residence.
Art. 11. Is created, in the personnel of the National Health Foundation FUNASA, Additional Framework to combat endemic diseases, intended to promote, within the SUS, complementary actions of epidemiological surveillance and combat endemic diseases pursuant to item VI and sole paragraph of art. 16 of the law on the 8080, September 19 1990.
Sole paragraph. Additional staff in the caput applies, in that, in addition to the provisions of this provisional measure, the provisions of law No. 22 of 9962, February 2000, complying to work 40 hours a week.
Art. 12. non-professionals with job occupants in agency or entity of federal public administration that, on 14 February 2006, at any title, were in the performance of activities to combat the endemic diseases in the context of the FUNASA is ensured to submit waiver the public selection process referred to in paragraph 4 of art. 198 of the Constitution, provided that they have been hired from previous public selection process performed by FUNASA, or by another institution, under the effective supervision of FUNASA and upon compliance with the principles referred to in the caput of the art. 9. § 1 Act all the Ministers of health and of the control and transparency will set up Commission for the purpose of certifying the regularity of the selection process for the purposes of the exemption provided for in the caput.
§ 2 the Commission shall be composed of three representatives of the Federal Secretariat of Internal Control of the Office of the Comptroller General, one of which the presiding, by Special Advisor of Internal Control of the Ministry of health and the head of internal audit of FUNASA.
Art. 13. Combating endemic diseases agents members of Additional Framework referred to in art. 11 may be placed at the disposal of the States, the Federal District and the Municipalities, under the SUS, by agreement, or for the management of public services, through public consortium agreement, pursuant to law no 6 of 11107 April 2005, kept linking to FUNASA and without prejudice to the respective rights and advantages.
Art. 14. The local Manager of the SUS responsible for hiring the professionals of this provisional measure shall have on creating public jobs or posts and other aspects inherent to the activity, observed the local specificities.
Art. 15. Get created 5000, 365 public Agent jobs to combat endemic diseases, under the Additional Framework referred to in art. 11, with monthly remuneration established in the form of the Annex of this provisional measure, whose expenses shall not exceed the value currently taken by FUNASA hiring these professionals.
§ 1 the FUNASA, in 30 days, will promote the framing of the personnel in the art. 12 in the wage table in annex of this provisional measure, in classes and levels with wages equal to those paid currently, no increase of expense.
§ 2 applies to the occupants of the jobs referred to in heading the indemnity of the art field. 16 of law no 8216, 13 August 1991.
§ 3 it will be up to the Department of human resources of the Ministry of planning, budget and management discipline development of occupants of public jobs referred to in the caput in wage table in annex of this provisional measure.

Art. 16. Is prohibited hiring temporary or outsourced community health agents and agents to combat endemic diseases, except in the event of fighting endemic outbreaks, in accordance with the applicable law.
Art. 17. The professionals who, on the date of publication of this provisional measure, engaged in activities of Community Health Agent and Agent to combat endemic diseases, linked directly to the local managers of the SUS or indirect administration entities, not invested in Office or public employment, and unreached by the provisions of the sole paragraph of art. 9, may remain in the exercise of these activities, until it is completed the realization of public selection process by federal entity, with a view to compliance with the provisions of this provisional measure.
Art. 18. public jobs created within the framework of FUNASA, as provided for in art. 15 and completed under this provisional measure, will be extinct, when vacant.
Art. 19. the costs arising from the creation of public jobs referred to in art. 15 run to account for the appropriations allocated in the general budget, FUNASA of the Union.
Art. 20. This provisional measure shall enter into force on the date of its publication.
Art. 21. Is repealed law No. 10507, of 10 July 2002.
Brasilia, June 9 2006; 185 of independence and 118 of the Republic.
LUIZ INACIO LULA DA SILVA Paulo Bernardo Silva José Agenor Álvares da Silva

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