Law No. 12,863 September 24, 2013

Original Language Title: Lei nº 12.863, de 24 de setembro de 2013

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Law No. 12,863 SEPTEMBER 24, 2013 changes the law nº 12,772, of 28 December 2012, which rules on the structure of the plan of Careers and positions of Teaching; changes the laws Nos 11,526, October 4 2007, 8,958, of 20 December 1994, 11,892, December 29, 2008, 12,513 26 October 2011, 9,532, of 10 December 1997, 91, of August 28 1935, 12,101, and 27 November 2009; repeals law No. 12,550 device, of 15 December 2011; and other matters.
The Vice-President of the REPUBLIC, the Office of the President of the REPUBLIC do I know that the National Congress decrees and I sanction the following law: Art. 1 law No. 12,772, of 28 December 2012, with the following changes: "Art. 1.................................................................................... (1) the career of Teaching is structured into classes A, B, C, D and e and their levels of maturity in the form of annex I.
I-(repealed);
II-(repealed);
III-(repealed);
IV-(repealed);
V-(repealed).
(2) the classes of Higher Teacher career will receive the following designations according to the titration of the occupant of the position: I-class, with the names of: a) Associate Professor, if carrying the title of doctor;
b) Assistant Professor, if carrying the title of master; or c) Assistant Professor, graduated or bearer of specialization;
II-Class B, with the title of Assistant Professor;
III-C Class, with the title of Associate Professor;
IV-Class D, with the title of Associate Professor; and V-class and, with the title of Professor.
§ 3 the Career of Teaching of basic education, Technological and technical consists of the following classes, subject to the Annex i: I-D I;
II-D II;
III-D III;
IV-D IV; and V-Holder.
§ 4 The Isolated Positions of career Plan and Federal Teaching positions are structured in a single class and maturity level.
§ 5 the legal regime of the positions in the Plan of Careers and positions of Teaching is established by Federal Law No. 8,112, of 11 December 1990, in compliance with the provisions of this law.
§ 6 The effective roles of Careers and Isolated Positions in the caput of the staffing of federal institutions subordinate or linked to Education Ministry of education and the Ministry of Defense to end-activity the development and improvement of the teaching, research and extension, except the positions referred to in § 11 of the art. 108-A of law No. 11,784, September 22 2008, integrating the staff of the Ministry of planning, budget and management. " (NR)
"Art. 4º .....................................................................................
Sole paragraph. The vacant positions of the career of the caput shall integrate the plan of Careers and positions of Federal teacher training, and in positions should take place in the form and conditions laid out in this law. " (NR)
"Art. 8 the admission in Higher Teaching career always occurs in the first level of maturity of the class, subject to the approval in public competition and titles.
(1) the invitation to tender referred to in the caput has as a requirement of joining the title of doctor in the area required in the contest.
.......................................................................................................... § 3 the IFE may waive, in the notice of competition, the requirement of title of doctor, replacing it with a Masters degree, graduate diploma or expert when it comes to providing for knowledge area or locality with severe lack of academic doctorate degree holders, as reasoned decision of your Board.
paragraph 4 (vetoed). " (NR)
"Art. 9º ....................................................................................
.........................................................................................................
II-10 (ten) years of experience or of obtaining the title of doctor, both in the area of knowledge required in the contest, as disciplined by the Board of Governors of each IFE.
.......................................................................................................... § 3 the competition for the position isolated from Holder-Free will be conducted by Special Commission composed of at least 75% (75%) of professionals outside the IFE, pursuant to act of the Minister of State for education. " (NR)
"Art. 10. ...................................................................................
..........................................................................................................
§ 4º (VETADO)." (NR)
"Art. 11. ..................................................................................
........................................................................................................
II-10 (ten) years of experience or of obtaining the title of doctor, both in the area of knowledge required in the contest, as disciplined by the Board of Governors of each IFE.
.......................................................................................................... § 3 the competition for the position isolated from Holder-Free will be conducted by Special Commission composed of at least 75% (75%) of professionals outside the IFE, pursuant to act of the Minister of State for education. " (NR)
"Art. 12. ..................................................................................
........................................................................................................
§ 3º ..........................................................................................
I-for the class B, with title of Assistant Professor, be approved in performance appraisal process;
II-to the class C, with title of Associate Professor, be approved in performance appraisal process;
III-for the class D, with a designation of Associate Professor:..............................................................................................
IV-to the class and, with title of Professor: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... § 5 the evaluation process for access to the class and, with title holder, will be conducted by Special Commission composed of at least 75% (75%) of professionals outside the IFE, pursuant to act of the Minister of State for education.
............................................................................................." (NR)
"Art. 13. The Faculty approved the probationary stage from his post that meet the following requirements for titling will do justice to the promotion acceleration process: I-for the initial level of Class B, with title of Assistant Professor for the master's degree presentation; and II-for the initial level of class C, with title of Associate Professor, by the presentation of a PhD degree.
.............................................................................................." (NR)
"Art. 15. The Faculty approved the probationary stage from his post that meet the following requirements for titling will do justice to the promotion acceleration process: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... " (NR)
"Art. 20........................................................................................................................................................................................... paragraph 4, including in exclusive dedication, since not invested in charge in Commission or reliable function, you will be able: I-to participate in the steering bodies of the Foundation in support of the law nº 8,958, of 20 December 1994, as defined by the Board of Governors of the IFE, subject to the fulfillment of your workday and sealed the perception of remuneration paid by the Foundation; and II-be given the special title, by resolution of the Board of Governors of the IFE, to occupy the position of maximum leader of supporting Foundation that deals with law No. 8,958, of 20 December 1994, with charge to the transferee. " (NR)
"Art. 21. ..................................................................................
.........................................................................................................
III-scholarships of teaching, research, extension, or to stimulate the innovation paid for official development agencies international organizations supported by Act, treaty or International Convention;
.........................................................................................................
VIII-(VETOED);
.........................................................................................................
X-Commissioned Course coordination Function-FCC, which deals with the art. 7 of law nº 12,677, of 25 June 2012;
XI-royalty in any character, for work done in the framework of institutional projects of teaching, research and extension, in the form of law nº 8,958, of 20 December 1994; and

XII-royalty by sporadic collaboration scientific or technological matters of teacher's specialty, including technological innovation poles, duly authorised by the IFE according to your rules.
§ 1 (V and TA D O).
......................................................................................................... paragraph 4 the activities in items XI and XII of the caput shall not exceed, or computed the 120 h (120 hours) per year, subject to the situation of exceptionality to be justified and previously approved by the Board of Governors of the IFE, which may authorize the addition of up to 120 h (120 hours) exclusively for research activities , development and innovation. " (NR)
"Art. 26. Will be established a permanent Commission of teaching staff-CPPD, elected by their peers in every IFE, which has, in his paintings, staff member of the career Plan and Teaching positions.
.............................................................................................." (NR)
"Art. 30. ........................................................................
I-join stricto sensu graduate studies program or postdoc, regardless of the time busy in Office or institution;
.............................................................................................." (NR)
"Art. 34. (vetoed). "" Art. 35. ..................................................................................
I-the teacher of the caput to rely on at least 17 (seventeen) years of obtaining the title of doctor will be granted for repositioning the class D, with title of Associate Professor, level 2;
II-the teacher of the caput to reckon with at least 19 (nineteen) years of obtaining the title of doctor will be granted for repositioning the class D, with title of Associate Professor, level 3; and III-the teacher of the caput to reckon with at least 21 (twenty one) years of obtaining the title of doctor will be granted for repositioning the class D, with title of Associate Professor, level 4.
.............................................................................................." (NR)
Art. 2 teachers gazetted to post career plan and Teaching positions, the Federal Law No. 12,772, of 28 December 2012, that have been or will be appointed will be framed in accordance with the provisions of this law.
Art. 3 annexes I, II, III and IV of law No. 12,772, of 28 December 2012, with the changes listed in annexes I, II, III and IV of this Act.
Art. 4 the law nº 11,526, of 4 October 2007, with the following changes: "Art. 2.................................................................................... § 1 the teacher career plan and Federal Teaching positions, referred to in law No. 12,772, of 28 December 2012, subjected to the Regime of exclusive dedication can take charge of Direction-CD or Gratified Function-FG, Federal institutions, education being provided to opt, when occupants of CD, pursuant to item III of the caput.
......................................................................................................... paragraph 4 the teacher referred to paragraph 1 transferred to States, Federal District and Municipalities for the occupation of positions in Commission specified in regulation of the federal executive branch can choose to pay the charge, in which case notice maturity plus the advantage on exclusive dedication, and the burden of remuneration to the receiving agency or entity.
§ 5 the teacher referred to in paragraph 1 shall keep the Office effective remuneration, in which case notice maturity plus the advantage on exclusive dedication, when in special assignment in the art. 14 of law No. 9,637, of 15 May 1998, to social organizations assigned the federal executive branch. " (NR)
Art. 5 changes to requirements for access to public posts made by this Act do not produce effects for the contests whose edict was published until 15 may 2013, subject to decision by the Board of Governors of the IFE.
Art. 6th law No. 8,958, of 20 December 1994, goes into effect with the following changes: "Art. 1st Federal Institutions of higher education-IFES and other scientific and technological Institutions-ICTs, in law No. 10,973, of 2 December 2004, may enter into agreements and contracts, in accordance with section XIII of the caput of the art. 24 of law No. 8,666, of 21 June 1993, for a fixed period, with foundations set up in order to support projects of teaching, research, extension, institutional, scientific and technological development and innovation, including in administrative and financial management required for the implementation of these projects.
..............................................................................................." (NR)
"Art. 1. The Financiadora de Estudos e Projetos-FINEP, as Executive Secretary of the National Fund for scientific and technological development-FNDCT, the Conselho Nacional de Desenvolvimento Científico e Tecnológico-CNPq, the official financial agencies and public enterprises or joint stock companies, its affiliates or subsidiaries, may enter into agreements and contracts, in accordance with section XIII of the caput of the art. 24 of law No. 8,666, of 21 June 1993, for a fixed period, with the foundations of support, with the purpose of providing support to the IFES and other ICTs, including on the administrative and financial management of the projects mentioned in the caput of the art. First, with the express consent of institutions supported. " (NR)
"Art. 1st-B. Social organizations and private entities can carry out agreements and contracts, for a period determined, with the foundations of support, with the purpose of giving support to IFES and other ICTs, including on the administrative and financial management of the projects mentioned in the caput of the art. First, with the express consent of institutions supported.
Sole paragraph. The conclusion of agreements between the IFES or other ICTs supported, support Foundation, private entities, public enterprises or joint stock companies, its affiliates or subsidiaries, and social organizations, for purposes of research, development, and promotion of innovation stimulus, will be carried out by companies, enabling criteria regulated in Act of the federal executive branch, does not apply in these cases the federal legislation establishing rules for tenders and contracts of public administration for the identification and choice of enterprises convenentes. "" Art. 1st-C. The agreements referred to in this law shall be regulated by Act of the federal executive. "" Art. 2º ...................................................................................
Sole paragraph. In case of renewal of the accreditation provided for in paragraph III of the caput, the Superior Council or the competent organ of the federal institution to be supported should manifest itself in meeting by the Foundation in support of the provisions contained in art. 4th-a. " (NR)
"Art. 3rd in the execution of agreements, contracts, agreements and other adjustments covered by this law, including those involving funds from the Government, the Foundation will support specific regulation of acquisitions and contracting of works and services, to be edited through the Act of the federal executive branch.
I-(repealed);
II-(repealed);
III-(repealed);
IV-(repealed).
§ 1 the foundations of support, with the express consent of the institutions supported, can capture and receive directly the financial resources necessary for the formation and implementation of the projects of research, development and innovation, no ticket in national Treasury single account.
§ 2 the foundations of support may not: (I)-spouse, companion or relative contract, straight or collateral, by consanguinity or affinity, up to the third degree, of: a) the server IFES and other ICTs to act towards their respective foundations; and b) occupants of positions of IFES and other ICTs supported by them;
II-contract, without competitive bidding, a legal entity that has as an owner, partner or shareholder:) your leader;
b) server of IFES and other ICTs; and c) spouse, companion or relative straight or collateral, by consanguinity or affinity, up to the third degree to your manager or server of IFES and other ICTs supported by them; and III-use resources in diverse purpose provided for in the projects of teaching, research, and extension and institutional, scientific and technological development and to stimulate the innovation. " (NR)
"Art. 3A. in the implementation of agreements, contracts, agreements and other adjustments in the form of this law, the foundations should support: I-account of the resources applied to loved funders;
II-submit to control by the management of the Federal institution of education or similar of the contracting entity; and III-submit to finalístico control by the competent governmental control. "

"Art. 4............................................................................................................................................................................................. paragraph 4 the servers job occupants in Commission or function of trust in IFES and other ICTs may develop activities of teaching, research and extension in the scope of the projects supported by the foundations receiving scholarship support.
§ 5 participation is allowed unpaid donation of servers of IFES and other ICTs in the direction of supporting Foundations, them not being applicable the provisions of item X of the caput of the art. 117 of law No. 8,112, of 11 December 1990.
paragraph 6 shall not apply the provisions of paragraph 5 to the servers of IFES and other ICTs invested in charge in Commission or reliable function.
§ 7 the servers of IFES and other ICTs can only participate in activities in the foundations of support when there is prejudice to the fulfilment of your workday on the originator, subject to the possibility of special assignment referred to in item II of § 4 of art. 20 of law No. 12,772, December 28, 2012. " (NR)
"Art. 4-B. The Foundation may grant scholarships support teaching, research, and extension and innovation stimulus students technical courses, undergraduate and graduate students and to servers linked to institutional projects, including networking, the IFES and other ICTs supported, in the form of specific regulation, in compliance with the principles referred to in art. 2. " (NR)
"Art. 4-c. is assured access of the organs and public authority or contractors and Internal control system of the federal executive branch procedures, the documents and information relating to public funds received by foundations to support framed in the situation provided for in art. 1 and places of execution of the object of the contract or agreement. " (NR)
"Art. 4-D. The movement of resources of the projects managed by the foundations of support should be carried out by electronic means, by crediting an account of current ownership of suppliers and contractors duly identified.
paragraph 1 May be carried out by a detailed justification and in exceptional character, withdrawals for cash payment to individuals without bank account or withdrawals to meet the expenses of small face, defined in specific regulations laid down in art. 3 of this law, adopting, in both cases, mechanisms that allow the identification of the final beneficiary, and should the information about such payments be included in specific item of accountability.
§ 2 The resources from covenants, contracts, agreements and other adjustments involving public resources managed by the foundations of support should be maintained in specific accounts opened for each project.
§ 3 the foundations of support should ensure the specific accounting control of resources invested and used in each project, in order to ensure compensation to IFES, provided for in art. 6 of this Act. "" Art. 6. In compliance with the purposes referred to in this law, can the foundations of support, through legal instrument itself, use of goods and services of IFES and other ICTs supported, by the time needed for the preparation and execution of the project of teaching, research, and extension and institutional, scientific and technological development and to stimulate innovation through compensation previously set for each project.
§1 In projects involving technological risk, for specific technical problem solution or obtaining of product or process innovation, the use of goods and services of the IFES or other ICTs can be counted as a counterpart of the institution to the project, through contractual participation of the institution forecast us economic gains derived in the form of law nº 10,973, of 2 December 2004.
§ 2 in the case of paragraph 1, the compensation provided for in the caput may be dismissed upon detailed justification constant in the project to be approved by the Board of Governors of the IFES or competent body in other ICTs. " (NR)
Art. 7 Law No. 11,892, of 29 December 2008, with the following changes: "Art. 5............................................................................................................................................................................................. paragraph 6 The Federal Institutes may grant scholarships for research, development, innovation and exchange students, faculty and external researchers or companies, to be regulated by competent technical body of the Ministry of education. " (NR)
Art. 8 law No. 12,513, 26 October 2011, with the following changes: "Art. 4.................................................................................... § 1 the Training Scholarship Student will be allocated to the beneficiaries referred to in art. 2 for professional technical education courses, concurrent, integrated forms or subsequent, and for teacher training courses at middle level in normal mode, as defined in Act of the Minister of State for education.
............................................................................................." (NR)
"Art. 5º ....................................................................................
.........................................................................................................
II-professional technical education of middle level; and III-teachers training medium level in normal mode.
.............................................................................................." (NR)
Art. 9 (vetoed).
Art. 10. (vetoed).
Art. 11. (vetoed).
Art. 12. This law shall enter into force on the date of your publication.
Art. 13. Is repealed paragraph 2 of art. 7 of law nº 12,550, of 15 December 2011.
Brasília, 24 September, 2013; 192 of independence and 125 of the Republic.
MICHEL TEMER José Eduardo Cardozo Mbarak Henrique de Oliveira José Henrique Paim Fatima Miriam Belchior Luís Inácio Lucena Adams ATTACHMENTS

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