Decree No. 4419, Of 11 October 2002

Original Language Title: Decreto nº 4.419, de 11 de Outubro de 2002

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Decree No. 4419, of 11 OCTOBER 2002 Approving the Regimental Structure and the framework Statement of Positions and Functions functions of the National Social Security Institute-INSS, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item VI, of the Constitution, D and C R E T a: Art. first Get approved Regimental structure and the framework Statement of Positions and Functions functions of the National Social Security Institute-INSS, in the form of annexes I and II to this Decree.
Art. 2 The apostilamentos arising from the adoption of the Regimental Structure of the art. 1 shall occur within 20 days, counted of the date of publication of this Decree.
Sole paragraph. After the apostilamentos referred to in the caput of this article, the President Director of INSS shall publish, in the Official Gazette, within 60 days, counted of the date of publication of this Decree, a nominal relationship of holders of positions in the Group's Commission-direction and Advice of Superior, referred to in annex II, indicating even the number of vacant positions, their name and their level.
Art. 3 the internal regulations of the INSS will be approved by the Minister of welfare and welfare State and published in the Official Gazette, within 90 days, counted of the date of publication of this Decree.
Art. 4 this Decree shall enter into force on the date of its publication.
Art. 5 Are repealed decrees n 3838, of 6 June 2001, and 4095, of 22 January 2002.
Brasília, 11 October 2002; 181 of independence and 114 of the Republic.
FERNANDO HENRIQUE CARDOSO Guilherme Gomes Days Joha Ness Eck REGIMENTAL STRUCTURE the NATIONAL SOCIAL SECURITY INSTITUTE-INSS chapter I of the NATURE, location and JURISDICTION Art. 1 the National Social Security Institute-INSS, federal authority, with headquarters in Brasilia, under the Ministry of welfare and Social Assistance, established pursuant to the provisions of art. 17 of law No. 8029 of 12 April 1990, is intended to: (I) promote the collection, monitoring and the collection of social contributions for the financing of Social Security, in the form of the laws in force; and II-promote the recognition, by the Social Security, the right to receive benefits for her run, ensuring agility, convenience to its users and expansion of social control.
CHAPTER II ORGANIZATIONAL STRUCTURE Art. 2 social security has the following Organizational Structure: I-collegial body: the Collegiate Board);
II-direct and immediate assistance body to the Chief Executive Officer: a) Office; and b) Attorney General;
III-sectional bodies: a) General Audit;
b) Directorate of budget, finance and logistics; and c) Directorate of human resources;
IV-specific bodies: the Board of Benefits); and (b)) Board of revenues;
V-units and decentralized organs: a) Offices;
(b) Social Welfare Agencies); and c) Advanced Units of Social welfare service;
d)-Executive Management;
and Regional Audits); and (f)) public prosecutors of Courts.
CHAPTER III of the Art direction and APPOINTMENT. 3 the INSS is directed by a Joint Board, a Chief Executive Officer, four officers and an Attorney General.
(1) the Chief Executive Officer, the directors and the Auditor-General shall be appointed by the President of the Republic.
(2) the Attorney General shall be appointed by the President of the Republic, by the Minister of State for social security and Social Assistance, with the prior consent of the Attorney General's Office.
(3) the Chief of staff, the Corregidor, the coordinators-General superintendents and engineers shall be appointed by the Minister of State for social security and Social Assistance, by indication of the President Director of INSS.
§ 4 The Executive Managers, in annex II, shall be appointed by the Minister of State for social security and Social Assistance, and chosen exclusively in triple list composed from internal selection process to prioritize the professional merit, in the form and conditions laid down in ministerial decree promoted by spontaneous adhesion of occupants of positions effective servers belonging to the staff of the INSS.
§ 5 the posts and functions functions members of Management-executives, Social Security Agencies and Advanced Units of Social Security Service will be provided exclusively by occupants of positions effective servers belonging to the staff of the INSS.
CHAPTER IV of the COLLEGIAL BODY of the composition and functioning of the Collegiate Board Art. 4th Joint Board consisting of six members, is broken down as follows: (I)-Chief Executive Officer;
II-Directors; and III-Attorney General.
Art. 5 the Joint Board shall meet ordinarily, once a month, at its headquarters and, extraordinarily, on convocation of its President or at the request of at least three members.
(1) in exceptional cases, provided that superior technical convenience reasons so require, meetings may occur outside of the headquarters.
§ 2 The Collegiate Board meetings shall be instated with the presence of at least three members, including the Chief Executive Officer or his legal substitute.
§ 3 the impossibility of attending the meeting, the members of the Joint Board shall be represented by their legal substitutes.
Art. 6. The deliberations of the Joint Board, in the form of resolutions and other normative acts, shall be taken by majority vote of those present, subject to the minimum quorum of three members.
§ 1 In case of a tie, it is up to the Chief Executive Officer, in addition to his vote as a member of the Joint Board, the casting vote.
(2) the Member presiding at meeting at which is missing the ceo shall exercise the right to vote only once, by matter appreciated.
§ 3 the Chairman being absent, the appreciation of the matter be discontinued until the next meeting, when it will be given the casting vote by the Chief Executive Officer or member who is presiding.
paragraph 4 Being away or prevented the Chief Executive Officer, the Member who is chairing the meeting shall have the casting vote.
§ 5 in the meetings, shall be permitted to the installed requesting Member, view of the subject object of deliberation for a period not exceeding that of the date of the next ordinary meeting.
§ 6 the request of view formulated by one or more members present in the meeting, forcing the others to express and immediate manifestation on exercise or waiver of the right to request and, in relation to the missing member, if any, the shipment of copy of the documents that make up the subject with the consignment of the period granted to the application.
§ 7 Installed ordinary meeting, immediately following the meeting at which it was admitted the subject will be necessarily final deliberation object, if it has not been decided in an extraordinary meeting.
§ 8 Started to vote on the matter, will not be admitted to application for vista.
§ 9 members are not allowed to abstain in the vote on any subject.
Chapter V the COMPETENCE of ORGANS of COLLEGIAL BODY Art Section. 7 the Collegiate Board shall: i. adopt the action plan and the annual budget proposal and its amendments;
II. examine and deliberate on the matters submitted to it by the Chief Executive Officer or by any of its members by issuing resolutions and issuing normative acts;
III-decide on the disposal and acquisition of real estate, including about the acceptance of restitution in payment or donation, with or without charge;
IV-deliberate on: (a)) the need and conditions of implementation activity materials, indirect or accessory instruments to those that make up the legal mission of the INSS, in the areas of medical expertise, debt and real estate assets non-operational; and (b)) the indirect execution policy service to users of the services, subject to the approval of the National Council of Welfare-CNPS those that are related to the collection of revenue and the payment of pension benefits;
V-producing and disseminating bi-annual reports on the activities of the INSS, referring them to the Minister of social security and welfare State and CNPS;
VI-to fulfill and to enforce the rules on the collection and recovery of social security contributions, as well as the initial recognition, maintenance and revision of entitlement to social security benefits;
VII recruit periodic external audits to review and issue an opinion on financial statements and accounting, collection, collection and enforcement of social security contributions, as well as, benefits payment, submitting the results to the Minister of social security and welfare State and CNPS, in accordance with the legislation in force;
VIII-to propose to the Minister of State for welfare and Social Assistance the change of location, and installation of new Management-executives, and Audits Regional Offices;
IX-deliberate on the location and the change of Social welfare agencies binding to the Managers-executives, and Advanced service units of the Social Welfare Social welfare agencies;

X-deliberate on the conferral of jurisdiction on the Executive Management for the implementation of the activities of General Services, human resources, budget, finance and accounting, necessary for the operation of organs and units of SOCIAL SECURITY, as well as on managing the receipt, distribution and execution of the litigation and the payment of requisitions were presented;
XI-decide on the allocation of positions in the project manager and Committee Manager available on board;
XII-to propose to the Minister of State for welfare and Social Assistance the internal regulations of the INSS and changes thereto;
XIII-deliberate on rules for its functioning, in the form of internal regulations; and XIV-exercise the functions assigned to it by the Minister of State for welfare and Social Assistance.
Sole paragraph. The provisions of item (IX) will notice the amount of Management-Executives set out in annex II.
Section II of the DIRECT and immediate ASSISTANCE to the Chief Executive Officer Art 8 the Office of the Chief Executive Officer shall: (I)-watch the President Director of INSS in its political and social representation and deal with the media and the preparation and dispatch of its administrative expedient;
II. provide the official publication of matters relating to the area of work of the Chief Executive Officer;
III-to coordinate the planning and the preparation of dispatch and tariff hearings of Chief Executive Officer;
IV-provide customer service queries and requirements formulated by the National Congress, forwarded by the Ministry of welfare and Social Assistance; and V-perform other duties as assigned by the Chief Executive Officer.
Art. 9 to the Attorney General's Office, an agency linked to the General Law of the Union for the purpose of normative guidance and technical supervision, shall: (I)-to ensure the observance of the Constitution, the laws and acts from the public authorities, under the guidance of normative legal advice of the Ministry of welfare and Social Assistance and advocacy-General;
II-judicial and represent out of court, the INSS and the institutions that it is agent or with which keep Covenant;
III-to exercise the activities of consultancy and legal advice under the INSS, applying, what fits, the provisions of art. 11 of complementary law No. 73, of 10 February 1993;
IV-establish the legal orientation of the INSS, intervened in the drafting and editing of their normative acts and interpretive, in conjunction with the organs of the Collegiate Board components;
V-Guide, monitor, evaluate and promote the determination of liquidity and certainty of claims, of whatever nature, inherent to the activities of the INSS, enlisting them in debt for friendly or judicial collection;
VI-coordinate and supervise, technically, the public prosecution service;
VII-to plan and manage, in coordination with the general coordination of monitoring the recovery of Pension Credits, the inscription on the debt, the friendly billing and the judicial enforcement of social security credits;
VIII-to plan and implement the specialization of management actions of judicial recovery of the debt by its decentralised organs or by indirect executors;
IX-to manage the results of court proceedings made the performers indirect, relating to the administration of the patrimony of the INSS; and X-to propose to the Chief Executive forwarding, the Attorney General's Office, to request verification of irregularities occurring within the Attorney General's Office, without prejudice to the specific competence of General Audit.
Section III SECTIONAL BODIES Art. 10. The General Audit shall: (I)-to plan, monitor and control the development of preventive and corrective audits, including, in the organs and decentralised units, in line with the results-based management model;
II-monitor server performance and leaders of organs and units of the INSS, overseeing and evaluating their conduct functional;
III-to analyze the relevance of the investigation of complaints relating to the performance of the directors and the INSS servers;
IV-to promote the establishment of sindicâncias and administrative disciplinary processes;
V-support the Comptroller General Coordination on the proposition of standards, systems and methods of assessing and monitoring the quality and productivity of SOCIAL activities, as well as in actions geared toward institutional administrative modernization;
VI-propose to the Collegiate Board plans, programs and goals of technological innovation in processes and systems used by SOCIAL SECURITY, to be submitted to the technology and information Committee of the welfare and Social Assistance;
VII-propose to the Board, forwarding the Collegiate Ministry of welfare and Social Assistance of the location of the Regional Audits; and VIII-to propose to the Chief Executive forwarding, the Attorney General's Office, to request verification of irregularities occurring within the Attorney General's Office, without prejudice to the specific competence of the Attorney General.
Art. 11. The Directorate of budget, finance and Logistics shall: (I)-propose to the Collegiate Board: a) annual and multiannual plans and programmes in the areas of budget and finance, in conjunction with the Comptroller General coordination;
b) plans and programs of generation of revenue arising from the use or disposal of real estate assets non-operational;
c) consolidation of the annual budget proposal, from budget proposals elaborated by the INSS; investment in the conservation plan, expansion, acquisition or disposal of real estate assets belonging to the INSS, used directly in its operational and administrative activities; and (d)) General guidelines, including global quantitative and qualitative targets, regarding the use, maintenance and management of assets and operating expenses, in line with the action plan approved by the Collegiate Board;
II-consolidate, in conjunction with the Comptroller General coordination, plans and programs approved by the Collegiate Board, aligning them with the budget;
III-manage physiochemical budget execution and financial programming established by proposing, if necessary, corrective actions;
IV-managing the decentralisation and transfer of resources to the organs and decentralised units;
V-assess, through the monitoring of the implementation, the results obtained with the implementation of the annual and multiannual plans and programmes in the areas of budget and finance, balancing the execution and their accounting;
VI-accounting management exercise, following the review and bookkeeping made by organs and decentralised units;
VII – control the acts and facts arising from the budgetary, financial and patrimonial, and draw up the financial statements required by the legislation in force;
VIII-devise social security revenue and expenditure statements;
IX-to establish, in conjunction with the Auditor-General, standards, systems and working methods aimed at improvement of budget management, financial systems and accounting of SOCIAL SECURITY;
X-manage the acquisition, use and maintenance of movable goods, materials and services, in line with the goals set for the operating expenses, adopting, if necessary, corrective actions;
XI-manage the plans and programs related to real estate assets, as well as the Administration carried out by performers;
XII-exercising technical supervision of internal management activities of organs and decentralised units; and XIII-establish general guidelines for the design, adequacy and evaluation of services provided.
Art. 12. The Office of Human Resources shall: (I)-propose to the Collegiate Board: a) General guidelines for the organs and decentralised units, as the preparation of plans, programs and targets, development and management of human resources;
b) General guidelines regarding the qualification of human resources implementing indirect activity bound materials, ancillary or instrumental to those that make up the legal mission of the INSS; and c) guidelines for the provision of human resources and administration of the general framework of SOCIAL SECURITY staff;
II-managing the plans and programs of improvement and development of human resources;
III-manage the actions inherent in human resource management; and IV-develop and maintain record of skills and managerial and operational capabilities, in line with the results-based management model.
Section IV of the SPECIFIC BODIES Art. 13. The Board shall: (I) collection-plan and implement the specialization of management actions of the recipe of social security contributions;
II. plan and implement the specialization of economic segments, actions aimed at combating tax evasion and tax avoidance, as well as to speed the receipt of social security credits;
III-plan and manage, in coordination with the general coordination of monitoring the recovery of Pension Credits, the recovery in social security credits;
IV-developing analyses geared to oscillations, variables, and economic trends that influence the collection of social security contributions, as well as the Exchange with government entities, national and international institutions;
V-propose to the Collegiate Board:

the) the location and the change of Social welfare agencies binding to the Managers-executives, and Advanced service units of the Social Welfare Social welfare agencies;
b) forwarding, the Ministry of welfare and Social Assistance of the location and installation of new Management-Executive and Supervisory; and (c)) the Exchange with government entities, national and international institutions;
VI-establishing general guidelines for the development of plans, programs and targets the activities of collection, enforcement and administrative collection of social security contributions imposed by Management-Executives; and VII-standardize, guide and standardize the procedures for collecting, monitoring and recovery.
Art. 14. The Board shall: (I) benefits-manage the recognition, by the Social Security, the right to receive benefits administered by it;
II-develop analyses aimed at the improvement of the mechanisms for the recognition of a right to receive benefits;
III-manage medical expertise and activities and vocational rehabilitation, including, made by executors;
IV. propose to the Collegiate Board: a) the location and the change of Social welfare agencies binding to the Managers-executives, and Advanced service units of the Social Welfare Social welfare agencies;
b) forwarding, the Ministry of welfare and Social Assistance of the location and installation of new Management-Executive and Supervisory; and (c)) the Exchange with government entities, national and international institutions;
V-establish general guidelines for the development of plans, programs and goals of the initial reconnaissance activities, maintenance and review of rights to receipt of social security benefits imposed by Management-Executives; and saw guide and standardize the procedures for initial recognition, maintenance and review of rights to receipt of social security benefits.
Section V of the COMMON SKILLS and specific ORGANS SECTIONAL Art. 15. sectional and specific bodies, observed their areas of expertise, it is in common: I-propose to the Collegiate Board: a) guidelines for the preparation of the plan of action of the INSS and, from its approval, their plans and programmes;
b) forwarding, the Ministry of welfare and Social Assistance, legal instruments aimed at improving the legal action, budget management, financial, accounting and real estate assets, collection, billing and administrative oversight of social security contributions and the initial recognition, maintenance and review of rights to receipt of social security benefits;
(c)) the improvement and the development of human resources; and d) plans, programs and goals of technological innovation in processes and systems used in their activities, to be submitted to the Technology Committee and the pension and Social Assistance Information, observed the specific competence of the audit-General;
II-to subsidize the Comptroller General Coordination on the proposition of standards, systems and methods of assessing and monitoring the quality and productivity of its activities and services, as well as in the actions directed to the administrative modernization institutional, subject to the specific competence of the audit-General;
III-keep informed the Board about Collegiate: a) the results of the processes of judicial charges stemming from tax assessments and of the applicable legal provisions, as well as the technical and administrative litigation, especially those arising from the administration of real estate assets;
b) the results of preventive and corrective audits;
c) internal management actions;
d) collection actions, monitoring and recovery; and and) the actions of initial recognition, maintenance and review of rights to receipt of social security benefits;
IV-provide general coordination of Controlling the information necessary for the monitoring of results;
V-systematize and disseminate standards and guidelines and support the coordination of Institutional Information;
VI-co-ordinating and supervising the public prosecutors of courts, Regional audits, collection activities, monitoring and administrative collection of social security contributions, as well as the initial recognition, maintenance and review of rights to receipt of social security benefits;
VII-to support the achievement of the internal selection process for choice of occupants of Senior Executive Manager; and VIII-enforce the deliberations of Collegiate Board.
Section VI of the UNITS and DECENTRALIZED ORGANS Art. 16. To subject to Collegiate Board, Superintendencies and with jurisdiction limited to one unit of the Federation, shall: i. support the activities of media and political and social representation of SOCIAL SECURITY, under the supervision of the media, which was responsible for preparing the unit under the Ministry of welfare and Social Assistance;
II-promoting the articulation between the Management-your Executive jurisdiction;
III-support the Comptroller General coordination in the exercise of its powers; and IV-keep the Board informed on the results of the Joint actions of the INSS, that are assigned or requested.
Sole paragraph. In the units of the Federation, where there are more than two Areas-may be in an Executive Oversight.
Art. 17. Social Welfare Agencies and the Advanced Units of the Social Welfare Service competes run services of collection and recovery of social security contributions, as well as carry out the initial recognition, maintenance and review of rights to receipt of social security benefits, ensuring speed and convenience to its users.
Art. 18. The Management-executives, subject directly to the Collegiate Board, shall: (I)-supervise, within the framework of Social Welfare Agencies and Advanced Units of the Social welfare related activities: the collection and administrative charge) social security contributions; and b) initial recognition, maintenance and review of rights to receipt of social security benefits;
II-ensuring agility and comfort to users of SOCIAL services, as well as extend social control, articulating with the Ombudsman General of Social Security, whose demands should receive preferential service and priority;
III-in the scope of their Offices: the Court or out of court) representing the INSS and the institutions that it is agent or with which keep Covenant, as well as when requested, before the administrative jurisdiction, in the municipalities;
b) exert legal consulting and advisory activities, applying, what fits, the provisions of art. 11 of complementary law No. 73, of 10 February 1993; and c) promote liquidity and certainty-telling of the debt-claims of every kind, inherent to the activities of the INSS, enlisting them in debt for friendly or judicial collection;
IV-supporting reception management, distribution and execution of litigation, as well as the payment of requisitions were presented, according to decision of the Collegiate Board;
V-support and administrative level, the activities of judicial or extrajudicial representation, consulting and legal advice and determination of liquidity and certainty of SOCIAL SECURITY credits;
I saw him perform and supervise surveillance activities;
VII-appeals and offer counter-rationale to resource Together and Trial Chambers of the Board of Social Security Resources-CRPS; and VIII-perform the activities of General Services, human resources and budget and finance necessary for the operation of organs and units of the INSS, according to decision of the Collegiate Board.
(1) The Management Executive also competes-oversee, support and monitor the customer units they linked, formed with companies, municipal administrations and other public and community agents.
(2) it is for the Executive Management, located in the capital, in the unity of the Federation in which there are two Managers-executives, support the activities of media and political and social representation of SOCIAL SECURITY, under the supervision of the media, which was responsible for preparing the unit under the Ministry of welfare and Social Assistance.
Art. 19. Regional Audits, directly subordinate to the General Audit, shall: I-track and perform preventive and corrective audits in the organs and decentralised units;
II-monitor server performance and leadership in the organs and decentralised units, overseeing and evaluating their conduct functional;
III-set about the relevance of the investigation of complaints relating to the performance of the directors and the INSS servers; and IV-promoting the establishment of sindicâncias and administrative disciplinary processes.
Art. 20. The public prosecutors of courts, located in municipality-headquarters of the Federal Regional Court, subordinate directly to the Attorney General, shall: (I)-follow lawsuits under the Federal Regional Court, the Regional Labor Court and the Court of Justice, in the unity of the Federation in which they are located; and

II-establish uniformity of procedures in cases of interest to the INSS which themselves to move in degree of appeal to the courts referred to in the previous paragraph.
Sole paragraph. On the unity of the Federation in that there is no Attorney to Court, the powers provided for in item (I) shall be carried out by Executive Management located in the capital.
Section VII of the COMMON SKILLS units and DECENTRALIZED ORGANS Art. 21. To units and decentralized organs competes, in common: I-provide general coordination of Controlling the information necessary for the monitoring of results;
II-to enforce the resolutions of the Joint Board; and III-subsidizing the coordination of Institutional Information.
CHAPTER VI the RESPONSIBILITIES of HEADS of Section Chief Executive Officer Art. 22. The Chief Executive Officer shall: (I) represent the INSS in court or out of court;
II-convene and chair the meetings of the Collegiate Board;
III-to fulfill and to enforce the decisions of the Collegiate Board;
IV-decide, ad referendum of the Collegiate Board, urgent issues;
V-decide, in case of a tie, in the deliberations of the Collegiate Board;
VI-to appoint servers, providing effective positions and, as ministerial delegation, in Committee and functions functions, as well as exercise disciplinary authority in accordance with the legislation in force;
VII-forward to the Ministry of welfare and Social Assistance proposals for legal instruments adopted by the Joint Board and the documents and reports to be submitted to the CNPS;
VIII-forward to the Minister of welfare and welfare State three-name list for appointment of Executive Managers;
IX-forward to the Minister of welfare and welfare State, after approval of the Collegiate Board: a) the amendments of the location and installation of new Management-executives, and Audits Regional Offices;
b) the proposals for amending the internal regulations of the SOCIAL SECURITY; and (c)) the proposals of plans, programs and goals of technological innovation in processes and systems used by SOCIAL SECURITY, to be submitted to the technology and information Committee of the welfare and Social Assistance;
X-forward to the Attorney General's request for determination of irregularities occurring within the Attorney General's Office;
XI-send accountability to the Ministry of welfare and Social Assistance for the purpose of forwarding to the Court of Auditors;
XII-sign contracts, covenants, agreements and adjustments as well as order costs; and XIII-exercise hierarchical control under the National Social Security Institute.
Section II of the Art DIRECTORS. 23. The Board, the Attorney General, the Chief of staff, the Auditor-General, the Superintendents, executive managers, auditors and the bosses, to plan, direct, coordinate, guide, monitor and evaluate the implementation of the activities affected the respective units and perform other duties assigned to them, in their areas of expertise, by Collegiate Board.
CHAPTER VII GENERAL PROVISIONS and transitional provisions Art. 24. the rules of organization and functioning of the organs and the Regimental Structure units of SOCIAL SECURITY shall be laid down in internal rules.
Art. 25. The occupants of positions and functions functions will be replaced, on his absences and impediments in the form of the internal regulations.

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