PROVISIONAL MEASURE # 2.116-15, OF January 26, 2001

Ensures gratification perception by servers of the Federal Police Officer, Federal District Police Station and Civil Police of the Federal District, amends the Laws No. 4,878, December 3, 1965, 5,619, of 3 November 1970, and 5,906, of July 23, 1973, 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 values of Gratification by Special Operations to which they leased the Decrees-Leis No. 1,714 of November 21, 1979, and 2,372, of November 18, 1987, stay assured to all of the servers of the Police Carrier Federal, starting from 1º December 1999.

Art. 2º The values of Gratification by Special Operations to which they leased the Decrees-Leis No. 1,727 of December 10, 1979, and 2,387, of December 18, 1987, stay assured to all servers of the Delegated Carreiras of Federal District Federal District Police and Civil Police District, of which it treats Law No. 9,264 of February 7, 1996, in the following percentage:

I-eighty percent, as of 1º September 2000, for the occupants of the posts of Police Station, Criminal Perito and Medical Perito-Legista;

II-sixty percent, from 1º September 2000, to the occupants of the positions of Police Officer, Police Office, Police Papiloscopist and Penitentiary Agent ;

III-ninety per cent, from 1º January 2001, to all occupants of the posts referred to in the incisos I and II.

Single Paragraph. The gratification that it treats the caput will focus on the values set out in Annex III to Law No. 9,264 of 1996.

Art. 3º Annex III to Law No. 9,264, 1996, passes effect in the form of the Annex to this Provisional Measure, producing effects from 1º September 2000.

Art. 4º It is vetoed, in any title, retroactive payment in consequence of this Interim Measure.

Art. 5º The provisions of this Provisional Measure do not apply and do not extend to any other post or career, albeit of a similar nature.

Art. 6º The provisions of this Provisional Measure do not generate any financial effect on the servers of which they treat the arts. 1º and 2º that already perceive such values by virtue of a judicial, administrative decision or by administrative extension of judicial decision.

Art. 7º The art. 57 of Law No. 4,878 of December 3, 1965, passes vigorously with the following essay:

" Art. 57. ....................................................................

§ 1º Received the pieces of which it treats this article, the authority shall proceed in the manner provided for in art. 54, item I, of this Act.

§ 2º Civil, criminal and disciplinary sanctions will be able to cumulate, being independent of each other.

§ 3º The administrative responsibility of the server will be turned away in the case of criminal absolution that denies the existence of the fact or its authorship.

§ 4º The preventive suspension of which treats the single paragraph of art. 51 is mandatory when dealing with transgressions to the incisos IX, XII, XVI, XXVIII, XXXVIII, XL, XLVIII, LI, LVIII and LXII of the art. 43, or in the case of receipt of denunciation for the crimes provided in the arts. 312, caput, 313, 316, 317 and its § 1º, and 318 of Decree-Law No. 2,848 of December 7, 1940 (Penal Code). " (NR)

Art. 8º The provisions of the previous article apply to the current disciplinary proceedings.

Art. 9º Law No. 5,619 of November 3, 1970, passes vigorously with the following changes:

" Art. 13. The military police officer, by the effective exercise of his duties, will do jus to the following gratifications:

I-Time-of-Service Gratification ;

II-Gratification of Military Police Function ;

III-Gratification of Military Police Operations. "

(NR)

" Section III

From The Gratification of Military Police Operations

Art. 27-A. The Gratification of Military Police Operations is assigned to the military police officer for the effective performance of military police operations.

Single Paragraph. The Gratification that it treats this article is only due to the military police officer in active duty and in the effective performance of military police function. (NR)

Art. 27-B. The Military Police Operations Gratification, due from 1º October 2000, corresponds to the percent of seventy-three percent of the solder from the rank of Colonel. " (NR)

Art. 10. Law No. 5,906 of July 23, 1973 passes vigorously with the following changes:

" Art. 13. ....................................................................

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

IV-Gratification of Bomber Operations-Militar. " (NR)

" Section III

From the Gratification of Bomber-Militar Operations

Art. 27-A. The Gratification of Bomber-Myilitar Operations is assigned to the military firefighter by the effective performance of military firefighting operations.

Single Paragraph. The Gratification that it treats this article is only due to the military firepower in active service and the effective performance of the military-military function. (NR)

Art. 27-B. The Gratification of Bomber-Myilitar Operations, due from 1º October 2000, corresponds to the percent of seventy-three percent of the solder from the rank of Colonel. " (NR)

Art. 11. The expenses arising from the application of the provisions of the arts. 2º, 9º and 10 of this Provisional Measure shall run to the account of the Transfers to States, Federal District and Municipalities-Government of the Federal District-Resources under the supervision of the Ministry of Finance, constant of the Union Budget, until it is created the fund that it treats the art. 21, inciso XIV, of the Federal Constitution.

Art. 12. Until it is edited law it has on the obligations, duties, prerogatives and remuneration regiment of military personnel of the Military Police and the Military Bomber Corps of the Federal District and the former Territories of Roraima and Amapá, continue to be due:

I-the Gratification of Special Work Condition, under the conditions set out in Law No. 9,633 of May 12, 1998 ;

II-The Gratification of Military Activity, under the conditions set out in the Delegated Act No. 12 of August 7, 1992 ; and

III-the Military Pension, under the conditions set out in Law No. 3,765 of May 4, 1960, bear on December 28, 2000.

Art. 13. The acts practiced on the basis of the Provisional Measure No. 2.116-14, of December 27, 2000, shall be convalidated.

Art. 14. This Provisional Measure comes into force on the date of its publication.

Brasilia, January 26, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Gregori,

Pedro Malan

Martus Tavares

ANNEX

(Annex III to Law No. 9,264 of February 7, 1996)

CLASSES	POSTS	Basic maturity (R$)	SUPPLEMENTARY PARCEL (R$)
SPECIAL	Police Delegate, Criminal Expert Medical Expert-Legista	524.3	6.02
FIRST	Police Delegate, Criminal Expert Medical Expert-Legista	445.66	77.63
SECOND	Police Delegate, Criminal Expert Medical Expert-Legista	378.81	68.45
SPECIAL	Police Agent Writing Police Papiloscopic Police Officer Agent Penitentiary	309.93	41.40
FIRST	Police Agent Writing Police Papiloscopic Police Officer Agent Penitentiary	254.14	34.15
SECOND	Police Agent Writing Police Papiloscopic Police Officer Agent Penitentiary	210.94	28.64