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Provis Measure

Original Language Title: MEDIDA PROVIS

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PROVISIONAL MEASURE NO 1.964-27, DE May 26, 2000.

Altera the Leis #s 6,368, of 21 of October 1976, and 8,112, of December 11, 1990, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The art. 3º of Law No. 6,368 of October 21, 1976, passes vigorously with the following essay:

" Art. 3º The activities of prevention, repression of illicit trafficking, misuse and unauthorized production of narcotic substances and drugs that cause physical or psychic dependence, and the recovery activity of dependents will be integrated into a National Anti-drug System, consisting of the set of organs exercising these assignments in the federal, state, district, and municipal fields.

............................................................................................................................... "(NR)

Art. 2º The arts. 25, 46, 47, 91.117 and 119 of Law No. 8,112 of December 11, 1990, pass vigorously with the following changes:

" Art. 25. Reversion is the return to retiree server activity:

I-per disability, when official medical board declare unrealistic the reasons for retirement ; or

II-in the interest of the administration, since that:

a) has requested the reversal ;

b) the retirement has been voluntary ;

c) stable when in the activity ;

d) the retirement has occurred in the five years prior to the request ;

and) there is vacant post.

§ 1o The reversion will take place in the same job or in the post resulting from its transformation.

§ 2o The time when the server is in exercise will be considered for grant of retirement.

§ 3o In the case of inciso I, finding itself propped up the post, the server will exercise its assignments as surplus, until the occurrence of vacancy.

§ 4o The server that returns to activity in the interest of the administration will perceive, in substitution to the pension's ordeal, the remuneration of the office returning to exercise, including with the perks of personal nature that previously perceived to be retirement.

§ 5o The server that treats the inciso II will only have the proof calculated on the basis of the current rules if it remains at least five years in office.

§ 6o The Executive Power will regulate the provisions of this article. " (NR)

" Art. 46. The repositions and damages to the erary, updated until June 30, 1994, will be previously communicated to the server or pensioner and amortized in monthly installments whose values will not exceed ten per cent of the remuneration or provenance.

§ 1the When the undue payment there occurred in the month prior to the processing of the sheet, the reposition will be made immediately, in a single instalment.

§ 2the Applies the provisions of this article to the reposition of values received in compliance with the preliminary decision, the early tutelage or sentencing which will be revoked or rescinded.

§ 3o In the hypotheses of the paragraph previous, applies the provisions of § 1the of this article whenever payment has occurred by judicial decision granted and cassed in the month prior to that of the payroll in which the reposition will occur. " (NR)

" Art. 47. The debit server with the erary, who is fired, exonerated or has his retirement or availability cassed, will have the deadline of sixty days to quip the debit.

Single Paragraph. The non-discharge of debit within the forecast period will entail your enrollment in active debt. " (NR)

" Art. 91. At the discretion of the Administration, you may be granted the occupier of effective office, provided that you are not in probationary probation, licences for the private affairs tract by the term of up to three consecutive years, without pay.

Single Paragraph. The license may be interrupted, at any time, at the request of the server or in the interest of the service. "(NR)

" Art. 117. .....................................................................................................................

............................................................................................................................

X-participation in management or administration of private enterprise, civil society, unless participation in the boards of directors and tax of undertakings or entities in which the Union directly or indirectly departs from the social capital, and shall be able to exercise the trade, except in the quality of shareholder, cotist or commander ;

........................................................................................................................... "(NR)

" Art. 119. ..........................................................................................................................

Single Paragraph. The provisions of this Article shall not apply to remuneration due for participation in boards and tax boards of public undertakings and mixed economy corporations, their subsidiaries and controlled, as well as any companies or entities in which the Union, directly or indirectly, detain participation in social capital, observed what, in respect, to have specific legislation. "(NR)

Art. 3º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.964-26 of April 28, 2000.

Art. 4º This Provisional Measure shall come into force on the date of its publication.

Art. 5º Revoke:

I-the art. 26 of Law No. 8,112 of December 11, 1990 ;

II-the inciso III of the art. 61 and the art. 67 of Law No. 8,112 of December 11, 1990, complied with the situations constituted until March 8, 1999.

Brasilia, May 26, 2000 ; 179º of the Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Gregori

Pedro Malan

Martus Tavares

Alberto Mendes Cardoso