PROVISIONAL MEASURE # 33, OF February 19, 2002

Disposal on the National Systems of Epidemiology, Environmental Health and Indigenous Health, creates the Federal Agency for Disease Prevention and Control-APEC, and gives other arrangements.

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

Chapter I

From Systems

I Section

Of Epidemiology

Art. 1º The set of health actions and services, pertaining to epidemiology, provided by federal, state, district and municipal public bodies and entities, constitutes the National System of Epidemiology.

Single Paragraph. For the purposes of this Provisional Measure, the National System of Epidemiology is conceptualized as being a set of actions that provides the knowledge, detection or prevention of any change in the determinant factors and conditioners of individual or collective health, with the purpose of recommending and adopting measures for the prevention and control of risk factors, diseases and other health aggravation.

Art. 2º Compete for the Union, within the framework of the National System of Epidemiology:

I-define the national policy of epidemiology applied to public health ;

II-organize, normalize and manage the National System of Epidemiology ;

III-define, normalize and coordinate the National System of Public Health Laboratories, in the aspects relating to epidemiology applied to public health ; and

IV-perform epidemiology actions under special risk circumstances, in the occurrence of ill-fated health aggravation that supplier the response capacity of the state level of the Single Health System-SUS or that pose a risk of national dissemination.

Art. 3º The competences of the Union provided for in art. 2º will be executed:

I-by the Ministry of Health, with regard to the formulation of the policy of applied epidemiology to health, as well as the monitoring and evaluation of the National System of Epidemiology ; and

II-by the Federal Agency for Disease Prevention and Control-APEC, as set out in this Provisional Measure.

Art. 4º The States, the Federal District and the Municipalities the management, respectively, of the state, district and municipal component of the National System of Epidemiology, as defined in Regulation.

Single Paragraph. States, the Federal District and Municipalities, as well as private entities acting in the area of health, will provide the relevant information to the National System of Epidemiology in the form and periodicity set forth by APEC.

Art. 5º The actions developed under the National System of Epidemiology will be implemented in accordance with integrated paced programming, to be periodically drawn up by the System Managers, in the form that is to be disciplined by APEC.

Section II

Environmental Health

Art. 6º The set of actions and services concerning environmental health, provided by federal, state, district and municipal public bodies and entities, constitutes the National Environmental Health System.

Single Paragraph. For the purposes of this Provisional Measure, it is understood by environmental health the knowledge, prevention and control of the processes, influences and physical, chemical and biological factors that exercise or can exercise, directly or indirectly, effect on human health, in particular in those related to:

I-sanitation for control of health aggravation ;

II-environmental contaminants ;

III-housing improvements for control of health aggravation ;

IV water quality for human consumption ;

V-natural disasters and accidents with dangerous products ;

VI-vectors, reservoirs and hosts ; and

VII-peçonhty animals.

Art. 7º Competes for the Union, within the framework of the National Environmental Health System:

I-define the national environmental health policy ;

II-organize, normalize and run the National Environmental Health System ;

III-define, normalize and coordinate the National System of Public Health Laboratories, in the aspects concerning environmental health ; and

IV-perform environmental health actions under special risk circumstances, in the occurrence of health-induced aggravation that supplates SUS state level response capability or that pose risk of dissemination national.

Art. 8º The competences of the Union provided for in art. 7º will be executed:

I-by the Ministry of Health, with regard to the formulation of environmental health policy, as well as the monitoring and evaluation of the National Environmental Health System ; and

II-by APEC, as set out in this Provisional Measure.

Art. 9º Competes to States, the Federal District and the Municipalities the management, respectively, of the state, district and municipal component of the National Environmental Health System as defined in regulation.

Single Paragraph. States, the Federal District and Municipalities, as well as private entities acting in the area of health, will provide the relevant information to the National Environmental Health System in the form and periodicity established by APEC.

Art. 10. The actions developed under the National Environmental Health System will be implemented according to integrated paced programming, to be periodically drawn up by the System Managers in the form that comes to be disciplined by APEC.

Section III

From Indigenous Health

Art. 11. The set of health actions and services concerning the care of Indigenous populations, integrated with SUS and observed the provisions contained in Law No. 9,836 of September 23, 1999, constitutes the Indigenous Health System.

Art. 12. It is incumbent on the Union under the Indigenous Health System:

I-define the national indigenous health policy ;

II-organize, normalize and run the Indigenous Health System ; and

III-finance, with own resources, and perform Indigenous health actions.

Single Paragraph. States, the Federal District and Municipalities, as well as other governmental and non-governmental institutions, will be able to act jointly in the funding and execution of Indigenous health actions.

Art. 13. The Union competences provided for in art. 12 will be executed:

I-by the Ministry of Health, with regard to the formulation of Indigenous health policy, as well as the monitoring and evaluation of the Indigenous Health System ; and

II-by APEC, as set out in this Provisional Measure.

Art. 14. Indigenous health actions will be developed according to schedule to be periodically drawn up by APEC, in the form established in regulation.

Chapter II

From the Federal Agency for Disease Prevention and Control

I Section

From Creation

Art. 15. It is established the Federal Agency for Disease Prevention and Control-APEC, a municipality linked to the Ministry of Health, with headquarters and venue in the Federal District, term of indeterminate duration and acting throughout the national territory.

Single Paragraph. The municipal nature conferred on APEC is characterised by administrative, financial, heritage, and human resource management autonomy, as well as in its technical decisions.

Art. 16. It shall be for the Executive Power to install APEC, and its regimental structure, approved by decree of the President of the Republic, shall fix the basic organizational structure to it.

Single Paragraph. Constituted APEC, with the publication of its regimental structure, will become the municipality, automatically, invested in the exercise of its competencies.

Art. 17. APEC will have for institutional purpose the promotion and protection of health, upon integrated actions of education and prevention and control of diseases and other worsening health, as well as in integral care for the health of Indigenous peoples, with views to the improvement of the quality of life of the population.

Section II

Of Competencies

Subsection I

From the Area of Epidemiology

Art. 18. APEC competencies in the area of epidemiology are:

I-propose the national policy of epidemiology applied to public health ;

II-organize, manage, and define procedures for operationalization of the National System of Epidemiology ;

III-to exercise the powers and responsibilities of federal health authority provided for in Law No. 6,259 of October 30, 1975 ;

IV-perform the actions of epidemiology, in such a way as to complement the acting of the states ;

V-perform the actions of epidemiology, in additional fashion, in exceptional character, when found insufficiency of state action ;

VI-define the activities, targets, and financial resources of the integrated paced programming for the area of epidemiology applied to public health ;

VII-provide technical advice to states, the Federal District and, exceptionally, Municipalities ;

VIII-participate in the financing of the epidemiology actions, in the form defined in regulation ;

IX-provider strategic inputs, in the form defined in regulation ;

X-define compulsory notification diseases ;

XI-define and manage epidemiological information systems ;

XII-elaborating and disseminating epidemiological analyses ;

XIII-coordinate and promote the education activities in health and social mobilization, national and regional comprehension ;

XIV-foster, coordinate, and execute applied studies and research ;

XV-perform, directly or indirectly, the activities of epidemiology, when directed at the indigenous populations, in articulation with the States, the Federal District and the Municipalities ;

XVI-fomenting and executing human resource development programs ;

XVII-foster national and international technical-scientific cooperation ;

XVIII-supervise, control and scrutinize the execution of the planned actions in integrated paced programming, including the permanent evaluation of state systems of epidemiology ;

XIX-organization, manage and define procedures for operationalization of the National Laboratory Network in the aspects concerning epidemiology applied to public health ;

XX-coordinate the National Immunizations Program, including the definition of the mandatory vaccines in the Country, the strategies of implementation and technical normatization on their use ;

XXI-normalize the epidemiology actions of the entry posts of people in the national territory, means of transportation and others that may occasion risks to the health of the population ; and

XXII-draw up epidemiological studies for the establishment of priorities in resource allocation and the programmatic orientation of public health actions and services.

Subsection II

From the Environmental Health Area

Art. 19. APEC competencies in the area of environmental health are:

I-propose the National Environmental Health Policy ;

II-participate in the formulation and implementation of the policies of:

a) sanitation ; and

b) control of aggression to the environment, which interfere in human health ;

III-organize, manage, and define procedures for operationalization of the National Environmental Health System ;

IV-monitor the quality of water for human consumption from public supply systems ;

V-fomenting the use of appropriate public health engineering technologies for disease prevention and control and other health aggravation ;

VI-perform environmental health actions, in such a way as to complement the performance of the states ;

VII-perform environmental health actions, in additional fashion, in exceptional character, when found insufficiency of state action ;

VIII-participate together with other organs and entities in the definition of standards and control mechanisms that have repercussions on human health ;

IX-define the activities, targets, and financial resources of integrated paced programming for the environmental health area ;

X-establish the maximum acceptable or permitted standards and levels of concentration in air, water and soil, of the factors and characteristics that may occasion harm to human health ;

XI-provide technical advice to states, the Federal District and, exceptionally, Municipalities ;

XII-participate in the financing of environmental health actions, in the form defined in regulation ;

XIII-define and manage information systems in environmental health ;

XIV-elaborate and disseminate analyses concerning the environmental health area ;

XV-coordinate and promote the activities of education in health and social mobilization, of national and regional comprehension ;

XVI-foster, coordinate, and execute studies and applied research ;

XVII-foster and run human resource development programs ;

XVIII-foster national and international technical-scientific cooperation ;

XIX-supervising, controlling and scrutinizing the execution of the planned actions in integrated paced programming, including the ongoing evaluation of state environmental health systems ;

XX-coordinate and define procedures for operationalisation of the National Laboratory Network in the environmental health aspects ;

XXI-normative environmental surveillance in health at the entry posts of people in the national territory, means of transportation and others that may occasion risks to the health of the population ; and

XXII-participate in the Curator Board of the Service Time Guarantee Fund, National Environment Council, National Board of Water Resources and other collegiate Holidays whose acting in the environmental area manages health reflexes human.

Subsection III

From the Indian Health Area

Art. 20. APEC competencies in the Indigenous health area are:

I-propose the Indigenous National Health Policy ;

II-organize, manage and define procedures for operationalization of the Indigenous Health System within the framework of SUS ;

III-coordinate, promote and execute, directly or indirectly, actions relating to the promotion, protection and recovery of the health of indigenous peoples, according to the peculiarities, epidemiological profile and health condition of each community, respected ethnic and cultural aspects ;

IV-providing full care for the health of indigenous peoples ;

V-participate together with other organs and entities of the definition of standards and control mechanisms that have repercussions on Indigenous health ;

VI-foster and execute human resource development programs ;

VII-foster the realization of studies and applied research ;

VIII-deploy and maintain sanitation systems and services ; and

IX-define and manage information systems in Indigenous health.

Section III

The Organizational Structure

Art. 21. The APEC will be directed by a Board, in the terms and quantitatively defined in its regimental structure, counting, still, with a Prosecutor's Office and an Audit.

Single Paragraph. The members of the Board will be Brazilian, of reputation ilibada, indicated by the Minister of State of Health and appointed by the President of the Repub

Art. 22. It competes for the President:

I-exercise the administration of APEC ;

II-legally represent APEC ;

III-nominate or exonerate servers ;

IV-to provide the effective and commissioned positions ;

V-exercise disciplinary power, in accordance with the legislation in force ;

VI-practice all the necessary management acts within the scope of APEC objectives ;

VII-sign contracts, arrangements and similar instruments, as well as order expenses ;

VIII-editing APEC competency standards ;

IX-propose to the Minister of State for Health the policies and governmental guidelines aimed at enabling APEC to fulfill its objectives ;

X-define and approve the internal regiment, the area of acting of the organizational units and the executive structure of APEC ; and

XI-comply with and enforce standards on epidemiology applied to public health, environmental health and Indigenous health.

Section IV

From Human Resources Management

Art. 23. The human resources management of APEC will observe the provisions of this Provisional Measure.

Single Paragraph. It is vetoed to employees, to the requisitioned, to the occupants of commissioned positions and to APEC leaders the exercise of other professional activity, including operational management of company or political-party direction, in exception cases admitted in law.

Art. 24. The Executive Power will refer to the National Congress specific bill, available on the creation of public jobs for exercise in APEC.

Art. 25. It is created the Specific Personnel Framework intended to absorb, second quantitative and criteria defined by APEC, servers belonging to the personnel framework:

I-from the National Healthcare Foundation-FUNASA ; and

II-from the Ministry of Health and its organs and linked entities that were in exercise at FUNASA on December 31, 2001.

§ 1º It is limited to three thousand the sum of the positions of the Board that it treats this article and those of the public jobs that it treats art. 24, when provident.

§ 2º The admission to the Specific Personnel Framework will be effected by redistribution.

§ 3º The servers of the Specific Personnel Framework will be able to be redistributed to other organs and entities of the Federal Public Administration.

§ 4º FUNASA's servers that do not come to integrate the Specific Personnel Framework will be redistributed, preferably, for the Ministry of Health's personnel framework.

§ 5º Stay assured to the member servers of the Specific Personnel Framework the gratuities awarded to the other servers of the Ministry of Health.

Art. 26. The occupants of the actual positions of Research careers in Science and Technology, Technological Development and Management, Planning and Infrastructure in Science and Technology, when in the exercise of activities inherent in the respective assignments in APEC, do jus to the Science and Technology Activity Performance Gratification-GDACT, created by Provisional Measure No. 2.229-43 of September 6, 2001.

Art. 27. Eight hundred posts are set up in committee of the Grupo-Direction and Superior-DAS, thus distributed: one DAS-6 ; eleven DAS-5 ; seventy and three DAS-4 ; one hundred and one DAS-3 ; three hundred and thirty-seven DAS-2 ; and one hundred and eighty-seven DAS-1.

Art. 28. They are created a thousand and two hundred Technical Commissioned Functions-FCT, in the terms of art. 58 of Provisional Measure No. 2.229-43, 2001, being: one hundred and five FCT 1 ; one hundred and two FCT 2 ; hundred and nine FCT 3 ; two hundred and seventy-two FCT 4 ; twelve FCT 5 ; fifteen FCT 6 ; twenty-two FCT 7 ; thirty-two FCT 7 ; thirty-two FCT 8 ; thirty-two FCT 8 ; FCT 9 ; sixty and an FCT 10 ; eighty-one FCT 11 ; one hundred and four FCT 12 ; and one hundred and thirty FCT 13.

Chapter III

Of The Management Contract

Art. 29. The administration of APEC will observe management contract, struck between its President and the Ministers of State for Health and Planning, Budget and Management, within the maximum term of one hundred and twenty days following the designation of the President of the Agency.

Single Paragraph. The management contract will establish the parameters for the internal administration of APEC, as well as the indicators that allow to evaluate, objectively, their administrative performance and performance.

Chapter IV

Of Heritage, Revenues and Financial Management

Art. 30. They constitute APEC heritage the assets and rights of their property, those conferred upon it or those who come to acquire or incorporate them.

Art. 31. They constitute revenues from APEC:

I-the appropriations earmarked in the Union General Budget, additional credits, transfers and repasses that are conferred upon it ;

II-the resources coming from arrangements, agreements or contracts concluded with national and international entities or bodies ;

III-the donations, legacies, grants and other resources that are intended for you ;

IV-the values ascertained in the sale or rental of movable and real estate of your property ;

V-the product of the sale of publications, technical material, data and information ;

VI-the values ascertained in applications in the financial market of the revenues provided for in this article ;

VII-retribution for services of any nature rendered to third parties ; and

VIII-any other tickets not specified in the incisos I to VII of this article.

Single Paragraph. The resources provided for in the incistes II to VIII of this article will be credited directly to APEC.

Chapter V

The Epidemiological Emergency

Art. 32. For the purpose of this Provisional Measure, it is understood by Epidemiological Emergency the occurrence of cases of diseases or other ill-fated aggravation of known or unknown etiology, of high degree of transmissibility, pathogenicity and lethality.

Art. 33. In the cases of Epidemiological Emergency, the Minister of State for Health, on a proposal from the President of APEC, may declare State of Federal Quarantine, ressaved the hypotheses of State of Defence and State of Site decrees.

§ 1º The State of Federal Quarantine will have a defined scope and area of comprehension, and may, if necessary, be extended.

§ 2º The act of which treats the caput, considered the severity of risks to public health, may:

I-dispel on the isolation of individuals, animals and communities in risk situation ;

II-dial over the interdiction of environments or means of transport ; and

III-determine the medical follow-up of individuals and the need for these if they report periodically to the authority of epidemiology.

Art. 34. It is incumbent on the President of APEC to mobilize resources and coordinate the implementation of the actions that reduce or eliminate the risks to public health, observed the conditions set for the Federal Quarantine State.

Art. 35. APEC will implement and maintain rapid response unit to epidemiological emergencies.

§ 1º The unit referred to in the caput should have technical and scientific empowerment, technology, mobility and equipment suitable for its mission for ready employment across national territory.

§ 2º Military of the Army, Navy and Aeronautics will be able to compose the unit referred to in the caput, on request of the President of APEC.

Art. 36. For all legal purposes, it is considered Federal Quarantine state as a state of public calamity.

Chapter VI

The Transitional Provisions

Art. 37. Constituted of APEC, with the publication of its regimental structure, will become the Agency, automatically, invested in the exercise of its competencies, and extinguishes FUNASA.

§ 1º The furniture and real estate of FUNASA shall be transferred to APEC, provided to the Executive Power, after inventory supervised by the Agency, divestments the surplus or donate it to the States, the Federal District or Municipalities.

§ 2º It is transferred responsibility for the payment of:

I-inactive and pensioner of the extinct FUNASA to the Ministry of Health ; and

II-active servers from FUNASA to APEC.

Art. 38. It is the Executive Power authorized to:

I-transfer to APEC the technical and documentary acquis, obligations, rights and revenue of FUNASA, necessary for the performance of its functions ;

II-remander, transfer or use FUNASA's budget balances for APEC, observed the same subprojects, subactivities and expenditure groups provided for in the Budget Law in force ; and

III-sub-rogar contracts or installments of these relating to the maintenance, installation and operation of APEC.

Chapter VII

OF TEMPORARY HIRING

Art. 39. They are considered temporary needs of exceptional public interest, in the terms of art. 37 of the Constitution, the activities concerning the implementation, monitoring and evaluation of projects and programmes of finalistic character in the area of APEC acting, indispensable to the deployment of the Agency.

§ 1º It is APEC allowed to temporarily hire, for the performance of the activities of which it treats the caput of this article, by non-surplus to thirty-six months.

§ 2º The maximum quantitative amount of the temporary hires of this article will be set, annually, in joint act of the Ministers of State for Health and Planning, Budget and Management, observed budgetary availability.

§ 3º The remuneration of the contracted personnel will temporarily have as reference values set out in joint act of APEC and the central body of the Federal Administration's Civil Personnel System-SIPEC.

Chapter VIII

Of The Final Provisions

Art. 40. The APEC will be able to hire specialists for the execution of work in the technical, scientific, administrative, economic and legal areas, by limited projects or deadlines, observed legislation in force.

Art. 41. In the first twenty-four months, from its installation, APEC will be able to request, with onus, organ servers and public entities, regardless of the function or activity to be exercised.

Single Paragraph. During the period provided for in the caput of this article, APEC will be able to supplement the remuneration of the requested server or employee, up to the limit of the remuneration of the effective post or employment occupied on the organ or entity of origin, when the application involve reducing that remuneration.

Art. 42. They stay convalidated, for exercise effect in APEC, the application of servers effected by the extinct FUNASA.

Art. 43. They may have exercise in the military APEC of the Armed Forces, at the discretion of the respective Force Commander, on request of the President of the Agency.

Single Paragraph. For the purpose of granting advantages, prerogatives and promotions, the period in which the military remains in the situation provided for in the caput will be considered for all purposes as an effective military exercise.

Art. 44. The expenses arising from the deployment of the APEC will run into the account of the budget allocations set by Constitutional Amendment No 29 of September 13, 2000.

Art. 45. This Provisional Measure comes into force on the date of its publication.

Brasilia, February 19, 2002 ; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Serra

Martus Tavares