Decree No. 7,689, Of 2 March 2012

Original Language Title: Decreto nº 7.689, de 2 de Março de 2012

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DECREE N ° - 7,689, DE March 2, 2012 (*)

Establish, within the framework of the Executive Power federal, limits and instances of governance for the hiring of goods and services and for the realization of daily spending and passages.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VI, paragraph "a", of the Constitution,

D E C R E T A:

Art. 1 ° The devices of this Decree apply to the organs, entities and funds of the federal Executive Power members of Fiscal Budgets and Social Security.

Art. 2 The conclusion of new administrative contracts or the extension of contracts in force relating to custi activities shall be permitted expressly by the respective Minister of State.

§ 1 ° For contracts with a value of R$ 10,000,000.00 or more (ten million reais) is veted the delegation of competence.

§ 2 ° For contracts with values of less than R$ 10,000,000.00 (ten million reais), the competency that it treats the caput can be delegated or subdelegated, exclusively:

I-to the executive secretary, or equivalent authority, to the maximum leaders of the units directly subordinates to their respective ministers of state and to the maximum leaders of the linked entities, staying vetoed in subdelegation for contracts with a value of R$ 1,000,000.00 or more (one million reais) ;

II-to the subsecretaries of planning, budget and administration or equivalent authority, vetoed the subdelegation, for contracts with values of less than R$ 1,000,000.00 (one million reais), and equal to or greater than R$ 500,000.00 (five hundred thousand reais) ; and

III-the coordinators or heads of the administrative units of the respective bodies or entities for contracts with values lower than R$ 500,000.00 (five hundred thousand reais).

§ 3 The Minister of State for Planning, Budget and Management will be able to change or update, any time, the values set out in § § 1 ° and 2 °.

Art. 3 ° In contracts for acquisition, leasing, new construction or real estate expansion, the average area of up to nine square meters of area useful for the individual work, to be used by server, employed, military or outsourced, shall be observed. who exercise their activities in the real estate.

§ 1 ° In the case where the real estate is used by more than one organ or entity, for the purposes of calculating the median area ratio per server, employee, military or outsourced, should be considered all servers, the military or outsourced that perform their activities on the estate.

§ 2 For the acquisition or rental of real estate shall be considered all options available in the market, veiled restriction to any neighbourhood or region, save when there is public service, in which case the location of the real estate may be privileged because of the ease of access of the target audience.

§ 3 The respective Minister of State may authorize hiring exceeding the limit set in the caput, as long as there is technical justification, vetoed the delegation of competence.

Art. 4 The conclusion of rental contracts or the extension of contracts in force, valued equal to or greater than R$ 10,000.00 (ten thousand reais) per month, shall be authorized by the Minister of State or the Executive Secretary, or equivalent, of the body respective, vegin with delegation of competence.

Single Paragraph. The Minister of State for Planning, Budget and Management will be able to change or update, at any time, the value set in the caput.

Art. 5 ° The annual expenditure to be committed with daily and passages, within the bodies and entities, should observe the limits to be set, annually, by act of the Minister of State for Planning, Budget and Management.

Single Paragraph. The Minister of State for Planning, Budget and Management will be able to change, during the respective financial year, the limits set for the expense of which it treats the caput.

Art. 6 ° The daily grant and passages to the servers should be authorized by the respective Minister of State.

§ 1 The concession referred to in the caput may be delegated to the executive secretary, or authority equivalent.

§ 2 ° There may be subdelegation, solely:

I-to the maximum leaders:

a) of the units directly subordinated to the Ministers of State ;

b) of the linked entities ; and

c) of the regional units of the ministries and linked entities ; and

II-to the Secretary of Administration of the General Secretariat of the Presidency of the Republic.

§ 3 Subdelegations that it treats § 2 ° may only be carried out if there is the fixation of limits for the expenses referred to in art. 5 ° per act of the respective minister of state.

§ 4 Where the displacement requires the maintenance of secrecy, the authorities of which treat the caput, § 1 ° and § 2 ° will be able to delegate the competence for the granting of daily and passages to the heads of units responsible for the displacement.

Art. 7 ° Only Ministers of State will be able to authorize expenses with daily and passages regarding:

I-displacements of servers or military for longer term than ten continuous days ;

II-more than forty daily intercalated per server in the year ;

III-displacements of more than ten people for the same event ; and

IV-offsets for the exterior, with onus.

§ 1 ° In the cases of the incisos I, II and III of the caput, the competence may be delegated to the executive secretary, the equivalent authority, or the maximum leaders of the linked entities, vetoed the subdelegation, except in the hypothesis of § 8 °.

§ 2 It does not apply to the provisions of the incisos I and III of the caput to the granting of daily and passages necessary for the ongoing participation of training or further improvement provided by government schools.

§ 3 ° In the case of the inciso III of the caput, the authorization can be carried out by means of the indication of the quantitative of servers and public employees and the identification of the event, program, project or action.

§ 4 ° In the case of the inciso IV of the caput, the competence may be delegated to the executive secretary, or equivalent authority, vetoed the subdelegation.

§ 5 The electronic authorization required by the Division System of Diaries and Passages-SCDP may be done by server formally designated by the competent authority.

§ 6 It is up to the server responsible for electronic authorization the control over the insertion of data in the SCDP, so that the virtual process faithfully reflects written authorization, including in what concerne the threshold for the number of participants of the event, program, project or action.

§ 7 The provisions of § 6 do not exonerate from liability the other agents involved in the proceedings physical and virtual granting of daily and passages.

§ 8 Where the displacement requires the maintenance of secrecy, the authorizations for treating incisos I, II and III of the caput may be delegated or subdelegated to the authorities provided for in the letters "a" and "c" of the inciso I of § 2 ° of the art. 6 ° and to the heads of unity referred to in § 4 ° of the art. 6 °.

§ 9 The entitlements for expenses with daily and passages can be carried out in a manner confidential, when they involve police operations, of surveillance or activities of classified character, guaranteed lifting of secrecy after the shutdown of the operation.

Art. 8 ° It is incumbent on the Union Controller-General and the other governing bodies of the federal Executive Power's Internal Control System to ensure compliance with the provisions of this Decree, and to adopt the arrangements for the accountability of the leaders and the servers that practice acts at odds with the provisions in it.

Art. 9 ° The Minister of State for Planning, Budget and Management, within the framework of his / her competencies, may expedite supplementary standards for compliance with the provisions of this Decree.

Art. 10. This Decree shall enter into force on the date of its publication.

Art. 11. It is repealed Decree No. 7,446, from 1 ° March 2011.

Brasilia, March 2, 2012 ; 191 ° of the Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Miriam Belchior

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