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Provisional Measure No. 1,984-13, Of 11 January 2000

Original Language Title: Medida Provisória nº 1.984-13, de 11 de Janeiro de 2000

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PROVISIONAL MEASURE # 1.984-13, OF January 11, 2000.

Add and alter devices from the Leis nthe 8,437, June 30, 1992, 9,028, April 12, 1995, and 9,494, of September 10, 1997, 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 Law No. 8,437 of June 30, 1992 passes the following devices in addition to the following devices:

?Art. 4º .....................................................................................................................................

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

§ 4º Denied the suspension even before the interposition of the aggravation referred to in the paragraph belonging, shall have a further request for a suspension to the President of the Tribunal competent to judge eventual special or extraordinary appeal.

§ 5º The interposition of the aggravating instrument against injunction granted in the actions moved against the Public Power in its agents does not prejudice or condition the judgment of the application for suspension referred to in this article.? (NR)

?Art. 4º-A. In the rescisory actions proposed by the Union, States, Federal District and Municipalities, as well as by the authorities and foundations instituted by the Public Power, characterized the legal plausibility of the pretender, may the court, at any time, give caution measure to suspend the effects of the sentence rescinded.? (NR)

Art. 2º The art. 6º of Law No. 9,028 of April 12, 1995, passes in addition to § § 2º and 3º, remunerating the current single paragraph for § 1º:

?§ 2º The subpoenas to be realized outside the seat of judgment will necessarily be made in the manner provided for in art. 237, inciso II, of the Code of Civil Procedure.

§ 3º Applies to the procurators or lawyers' members of the bodies linked to the Advocacy-General of the Union contained in the caput and § 2º of this article, as to the processes in trumpeting in the first degree of jurisdiction.? (NR)

Art. 3º Law No. 9,028, from 1995, passes the increased number of § 5º to its art. 19 and of the following art. 19-A ;

?Art. 19. .................................................................................................................................. ...........................................................................................................................................................

§ 5º The transpositions effective by this article have reached-only stable servers in the public service, mentioned in item I in the caput.? (NR)

?Art. 19-A. They are transposed, to the Legal Assistant Carrier of the Advocacy-General of the Union, the current effective posts of the direct Federal Administration, bachelor's deprivation in law, whose assignments, fixed in a timely normative act, have content eminently legal and correspond to those of assistance fixed to the posts of the said Carrier, or to cover them, and to which:

I-be vacant ; or

II-have as servers servers, stable in the public service, which:

a) previously on October 5, 1988 already held effective office, or permanent employment, bachelor's deprivation in law, of eminently legal content, pursuant to the caput, in the direct Federal Administration, municipal office, or foundational, as per the then applicable constitutional and legal standards ;

b) invested after October 5, 1988, have been in the course of approval in public tender or the application of § 3º of the art. 41 of the Constitution

§ 1º In the situations provided for in inciso II, the object transposition of this article covers the posts and their holders.

§ 2º The transposition of egresic server of municipality or federal public foundation, provided for in inciso II, points?a? e?b?, achieves th-only the one who went on to integrate the direct Administration in consequence of the extinction or alteration of the legal nature of the entity to which it belonged, and provided that the tasks of the respective entity and its framework of personnel have been, by law, absorbed by direct Administration bodies.

§ 3º At the disciplined transpositions in this article apply, too, the correlation and constant procedures of art. 19 of this Act (§ § 2º, 3º and 4º).

§ 4º Transpositions of which this article is to be formalized in act declaratory of the Advocate-General of the Union, in view of the application formulated by the person concerned.

§ 5º The possible financial effects, of the transpositions in reference, shall be due only, to their beneficiaries, from the date on which the declaratory act, object of the preceding paragraph, is published.

§ 6º The maximum holders of the organs of the direct Federal Administration, in which there are positions in the situation described in the caput and inciso I, should indicate them to the Advocacy-General of the Union, through the Ministry of Planning, Budget and Management, explaining, with respect to each vacant post, its origin, evolution, assignments and normative regency.

§ 7º The requirement that it treats § 4º should be instructed with the necessary documentation to prove that the server meets the provisions of this article, and filed in the human resources body of the respective Ministry or Registrar of State, after which it should be forwarded to the Advocate General of the Union, in the form he regulated, accompanied by conclusive manifestation of the respective organ of legal advice.? (NR)

Art. 4º Law No. 9,494 of September 10, 1997 passes the following articles in addition to the following articles:

?Art. 1º-A. They are exempted from prior deposit, for appeal interposition, the legal persons of federal, state, district and municipal public law.? (NR)

?Art. 2º-A. The civil sentence probed in action of collective character proposed by associative entity, in the defence of the interests and rights of its associates, will cover only those substituted who have, on the date of the proposal of the action, domicile within the framework of the territorial competence of the prolator organ.

Single Paragraph. In the collective actions proposed against entities of the direct, municipal and founder administration of the Union, the States, the Federal District and the Municipalities, the initial petition must be required to be instructed with the minutes of the assembly of the entity associative who authorized it, accompanied by the nominal relationship of their associates and indication of their respective addresses.? (NR)

?Art. 2º-B. The sentence that has per object the release of appeal, inclusion in payroll, reclassification, equation, grant of increase or extension of advantages to servers of the Union, States, the Federal District and the Municipalities, including from its municipalities and foundations, can only be performed after their transit on trial.

Single Paragraph. The sentence handed over in caution can only have satisfactory character when carried on trial the sentence handed down in the main action.? (NR)

Art. 5º The deadlines referred to in art. 26 of Law No. 9,651 of May 27, 1998 stay extended for another twenty-four months from their termination.

Art. 6º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.984-12 of December 10, 1999.

Art. 7º This Provisional Measure shall come into force on the date of its publication.

Brasilia, January 11, 2000 ; 179º of Independence and 112º of the Republic.

fernando henrique cardoso

Jose Carlos Dias

Geraldo Magela of the Quintan Cross

Martus Tavares