interim measure nº2.102-26, of December 27, 2000.

Add and change devices from the Leis # 8,437, June 30, 1992, April 12, 1995, April 12, 1995, 9,494, September 10, 1997, 7,347, July 24, 1985, 8,429, June 2, 1992, 9,704, November 17, 1998, of Decree-Law No. 5,452, 1º May 1943, of laws No. 5,869, of January 11, 1973, and 4,348, of June 26, 1964, 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 vigorously with the following changes:

?Art. 1º ....................................................................................................................................

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

§ 4º In cases where a preliminary injunction is to be measured, without prejudice to the communication to the governing body's leader or entity, the respective judicial representative of it shall be immediately subpoenaed.

§ 5º It will not be possible for injunction to compensate for compensation for tax credits or previders.? (NR)

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

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

§ 2º The President of the Tribunal will be able to hear the author and the Public Prosecutor's Office in seventy-two hours.

§ 3º From the order granting or denying the suspension, it will be aggravated, within five days, that it will be brought to trial in the following session at his interpositi

§ 4º If the judgement of the aggravation of which it treats the preceding paragraph results in the maintenance or the restoration of the decision which is intended to suspend, a further application for suspension shall be made to the President of the Tribunal competent to know of any special or extraordinary appeal.

§ 5º It is also possible for the application for suspension referred to in the preceding paragraph when denied the aggravation of an instrument interposed against the injunction to which this article is referred.

§ 6º The interposition of instrument aggravation against injunction granted in the actions moved against the Public power and its agents does not prejudice or condition the judgment of the application for suspension referred to in this article.

§ 7º The President of the Tribunal may confer upon the application suspension injunction, if it finds, in prior judgment, the plausibility of the right invoked and the urgency in the granting of the measure.

§ 8º The injunction whose object is identical may be suspended in a single decision, and may the chairman of the court extend the effects of suspension to superconvenient injunction, upon simple addition of the original application.? (NR)

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

?§ 2º The subpoenas to be realized outside the seat of judgment will necessarily be made in the predicted form of the art. 237, inciso II, of the Code of Civil Procedure.? (NR)

Art. 3º Law No. 9,028 of 1995 passes in effect with the following changes:

?Art. 3º Regional Prosecutors d Union shall exercise the coordination of the activities of the Union Goods located in their area of acting.

§ 1º The Advocate-General of the Union, with the object of rationalizing services, can disable Union procuratorate located in Federation Capital of Unit where it is installed Regional Prosecutor's Office, hypothesis where this will absorb the assignments of that.

§ 2º ORunning the hypothesis that it deals with the preceding paragraph, it will be incumbent upon the Advocate General of the Union have on the restructuring of the Regional Prosecutor's Office, and may remain in office and servers of the Prosecutor's Office disabled.

§ 3º The restructuring and redeployment of which it treats § 2º will be possible even in the hypothesis of coexistence of the two Procuratorates, if convenient the use of single support structure to meet both.

§ 4º With the same purpose of rationalization of services, the Advocate-General of the Union shall also be authorized to deactivate or cease to install Union Sectional Prosecutor's Office, applying the hypothesis, in what couber, the provisions of the final part of § 1º and § 2º of this article.? (NR)

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

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

§ 4º Mediating application of the Advocate-General of the Union or of the Chief Prosecutor's Office of the Union Law-General, and for the purposes provided for in the caput, the organs and entities of the Federal Administration shall designate servers to act as experts or technical assistants in specific accomplishments, applicable to this application as provisions of § § 1º and 2º of this Article.? (NR)

?Art. 8º-A. It is set up, in the Office of the Advocate General of the Union, the Coordination of Linked Bodies, to assist you in the exercise of its assignments of normative guidance and technical supervision of the legal bodies of public authorities and foundations.

§ 1º The Coordinator of Linked Bodies will be Consultant of the Union, designated by the Advocate General of the Union.

§ 2º The Advocate-General of the Union will edit act, in the terms of art. 45 of the Supplementary Law No. 73 of February 10, 1993, available on the Coordination of which this article is concerned.? (NR)

?Art. 8º-B. They are instituted in the Advocacy-General of the Union with integration and coordination functions, the Contencious Activities Chamber and the Chamber of Consulting Activities.

Single Paragraph. The Cameras object of the caput, directly and immediately subordinated to the Advocate General of the Union, will have disciplined in act of this one.? (NR)

?Art. 8º-C. The Advocate-General of the Union, in the defence of the interests of this and in hypotheses which may bring reflections of an economic nature, albeit indirect, to the federal erary, may avocar, or integrate and coordinate, the works as organ legal of public enterprise or mixed economy company, to develop in judicial or extrajudicial headquarters.

Single Paragraph. They may be committed, the competent chamber of the Advocacy-General of the Union, the functions of carrying out the integration and coordination provided for in this article.? (NR)

?Art. 8º-D. It is established, as an auxiliary body of the Attorney General of the Union, the Coordination of Calculations and Peresses, for the purpose of carrying out, conferring and coordinating judicial calculations and expertise concerning the achievements of the Union and its municipalities and foundations.

§ 1º The Coordination of which this article is to be able to rely on the decentralised units, as per the act of the Advocate-General of the Union.

§ 2º The bodies and entities of the Federal Administration will give the necessary support to the Coordination of Calculations and Peresses for the performance of your assignments, including by placing specialized personnel at your disposal.

§ 3º The Calculation of Calculations and Peresses will have specific unit tasked with the review of the calculations of the values of Union liability precation and of federal authorities and foundations whose judicial representation is in charge of the Advocacy-General of the Union, in the terms of the arts. 11-A and 11-B of this Act.? (NR)

?Art. 11-A. It is authorized the Advocacy-General of the Union to take over, for its procuratorates, temporarily and exceptionally, the judicial representation of public authorities and foundations in the following hypotheses:

I-absence of the prosecutor or lawyer ;

II-impediment of the members of the legal body.

§ 1º The extraordinary judicial representation provided for in this article may occur on request of the leader of the entity or at the initiative of the Solicitor-General of the Union.

§ 2º The lack of an integral legal body of the respective Prosecutor's Office or Legal Department, in the city seat of the judicial Organ before which it runs effect of interest of municipality or foundation of the Union, sets the hypothesis of absence provided for in the inciso I of this article.

§ 3º The Advocate-General of the Union, with the purpose of suppressing occasional deficiencies of Organs Linked to the Advocacy-General of the Union, you can designate to provide them with temporary collaboration effective members of the Union Advocacy-General, Autarquical Prosecutors, Legal Assistants and Lawyers of other entities, whether in activities of judicial or advisory representation and legal advice, while being, while lasting for the temporary collaboration of the same powers conferred on the members of the respective Linked Body.

§ 4º In the cases that it treats § 3º, and in those for the assignment of effective Members of Advocacy-General of the Union or Federal Prosecutors to perform legal functions in the Federal Public Prosecutor's Office does not apply to the restriction contained in the final part of art. 20, § 3º, of Law No 8,112 of December 11, 1990, as amended by Law No. 9,527 of December 10, 1997.? (NR)

?Art. 11-B. The judicial representation of the Union, as to the matters entrusted to the federal authorities and foundations relating to Annex V to this Act, is to be made directly by the Union Advocacy-General's own organs, remaining the Organs Legal of those entities responsible for their respective advisory activities and legal advice.

§ 1º The Municipal Prosecutors, Legal Assistants and Lawyers for the tables of the entities that it treats the caput in them will remain, until it has law at its disposal on the new form of judicial, direct and indirect representation of the Union, considered to be its municipal and founder entities. as well as on the provison of consultancy and legal advice to these entities.

§ 2º The legal bodies of entities related in Annex V of this Act will continue, until July 7 of 2000, as co-responsible for judicial representation as to the matters of competence of the respective autarchy or foundation.

§ 3º The citations, subpoenas and notifications of the authorities and foundations related to Annex V of this Law, as well as the hypotheses that it treats art. 11-A, the respective procuratorates of the Advocacy-General of the Union shall be made, assured to its members, in the exercise of the judicial representation of which it treats the art. 11-A and this article, the procedural prerogatives provided for in law.

§ 4º The Legal Bodies of the entities it treats the caput, together with the respective Organs of the Advocacy-General of the Union, within sixty days, will make and lift the ongoing legal proceedings, indicating the stage at which they are located.

§ 5º Until the advent of the Law referred to in § 1º of this article, the Advocate-General of the Union, of trade and upon proposal of the Union Prosecutor's Office, may appoint Autarquical Prosecutors, Lawyers and Legal Assistants of the entities related to Annex V of this Act to exercise in the procuratorates of the Advocacy-General of the Union.? (NR)

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

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

§ 5º The transpositions effective by this article have reached-only stable servers in the public service, mentioned in item I of 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 with those of assistance fixed to the posts of the said Carrier, or cover them, and 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 post, or permanent employment, deprivation of bachelor in law, of eminently legal content, in the terms of the caput, in the direct, municipal or founder Federal Administration, as per the then applicable constitutional and legal standards ;

b) invested after October 5, 1988, have been in due course of approval in contest public 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 its holders.

§ 2º The transposition of egresse server of municipality or federal public foundation, provided for in the 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 The disciplined transpositions in this article apply, too, to correlation and procedures constants of the art. 19 of this Act (§ § 2º, 3º and 4º).

§ 4º The transpositions of which this article is to be formalized in declaratory act of the Advocate General of the Union.

§ 5º To the eventual financial effects, of the transpositions in reference, shall only be due, to the its beneficiaries, from the date on which it published the declaratory act, object of the preceding paragraph.

§ 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, shall indicate them to Advocate-General of the Union, through the Ministry of Planning, Budget and Management, explaining, in respect of each vacant post, its origin, evolution, assignments and regency normative.

§ 7º Each case should be instituted by the human resources body of the respective Ministry or Secretary of State, with the necessary documentation to prove that the server meets the provisions of this article, after which it is to be forwarded to the Advocate General of the Union in the manner regulated by it, accompanied by conclusive manifestation of the respective organ of legal advice.? (NR)

?Art. 21. To holders of the positions of Union Lawyer, National Farm Prosecutor and Legal Assistant to the respective careers of the Advocacy-General of the Union, it is incumbent to represent it judicial and extrajudicially, as well as to perform the activities of legal advice from the Executive Power, as it disposes normative act of the Advocate General of the Union.? (NR)

?Art. 24-A. The Union, its municipalities and foundations, are free from expense and emoluments and other judicial fees, as well as prior deposit and fine in rescission action, in any forum and instances.

Single Paragraph. The provisions of this article shall apply to all administrative and judicial proceedings in which the Service Time Guarantee Fund-FGTS, whether on the active or passive pole, extends the exemption to legal person who represent it in Judgment or outside of him.? (NR)

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

?Art. 1º-A. They are dispensed with prior deposits, for appeal interposition, legal persons with federal, state, district and municipal public law.? (NR)

?Art. 1º-B. The time frame referred to as the caput of the arts. 730 of the Code of Civil Procedure, and 884 of the Consolidation of Labor Laws, passed by Decree-Law No. 5,452, from 1º May 1943, pass to thirty days.? (NR)

?Art. 1º-C. You will prescribe in five years the right to obtain compensation for damages caused by agents of legal persons of public law and legal persons from private law providers.? (NR)

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

Single Paragraph. In the collective actions proposed against the Union, the States, the Federal District, the Municipalities and their municipalities and foundations, the initial petition must be obliged to be instructed with the minutes of the assembly of the associative entity that authorized it, accompanied by the nominal relationship of their associates and indications of their respective addresses.? (NR)

?Art. 2º-B. The setention that has per object the release of appeal, inclusion of payroll, reclassification, equipping, granting of increase or extension of advantages to servers of the Union, States, the Federal District and the Municipalities, including from their municipalities and foundations, can only be performed after their transit on trial.? (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 The arts. 1º and 2º of Law No. 7,347 of July 24, 1985, pass vigorously with the following amendments:

?Art. 1º ....................................................................................................................................

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

V-for infraction of economic order and the popular economy.

Single Paragraph. It will not be possible public civil action to vehicular pretensions involving tributes, pension contributions, the Labor Time Guarantee Fund-FGTS or other funds of an institutional nature whose beneficiaries can be individually determined.? (NR)

?Art. 2º ....................................................................................................................................

Single Paragraph. The action proposal will prevent the jurisdiction of the judgment for all subsequent actions that possess the same cause of asking for or the same object.? (NR)

Art. 7º The art. 17 of Law No. 8,429 of June 2, 1992, passes in addition to the following § 5º:

?§ 5º The proposal of the action will prevent the jurisdiction of judgment for all actions later intended that possess the same cause of asking for or the same object.? (NR)

Art. 8º The art. 1º of Law No. 9,704 of November 17, 1998, passes the following in addition to the following § § 2º and 3º, remunerating the current single paragraph for § 1º:

?§ 2º For the heads of legal organ of municipality and federal foundation it will be preferentially indicated Federal Prosecutor's Office, of recognized seniority, ability and experience for the post and who has exercised Advocacy for at least five years.

§ 3º On the assumption that the indication falls on Bachelor in Law other than Federal Prosecutor, it should be sufficiently justified as well as met all the other requirements of the preceding paragraph.? (NR)

Art. 9º The art. 467 of the Consolidation of Labor Laws, approved by Decree-Law No. 5,452, from 1º May 1943, passes the vigorous one of the following single paragraph:

?Single paragraph. The willing in the caput does not apply to the Union, the States, the Federal District, the Municipalities and their public authorities and foundations.? (NR)

Art. 10 The art. 741 of Law No. 5,869 of January 11, 1973, with the essay given by Law No. 8,953 of December 13, 1994, passes in addition in addition to the following single paragraph:

?Single paragraph. For the purpose of the provisions of the inciso II of this article, it is also deemed to be inenforceable the judicial title founded on law or normative act declared unconstitutional by the Federal Supreme Court or in application or interpretation taken by incompatible with the Federal Constitution.? (NR)

Art. 11. Established controversy of a legal nature between entities of the Federal Indirect Administration, or between such persons and the Union, the Ministers of competent States shall forthwith request the President of the Republic, the hearing of the Advocacy-General of the Union.

Single Paragraph. It will be incumbent upon the Advocate General of the Union to adopt all necessary arrangements to dispel the controversy in administrative headquarters.

Art. 12. They are not subject to the double degree of mandatory jurisdiction the sentences handed down against the Union, its municipalities and public foundations, when regarding the controversy the Advocate-General of the Union or other competent administrative body there is edited sudden or normative instruction determining the non-interposition of voluntary appeal.

Art. 13. It is added to Annex I to Law No. 9,366 of December 16, 1996, an Adjune post of the Advocate-General of the Union.

Art. 14. The art. 4º of Law No. 4,348 of June 26, 1964, passes effect with the following changes:

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

§ 1º Indexed the request for suspension or propped up the aggravation referred to in the caput, it will be up to new application for suspension to the President of the Tribunal competent to know of any special or extraordinary appeal.

§ 2º Application of the security suspension of which this Act is concerned, the provisions of § § 5º to 8º of the art. 4º of Law No. 8,437 of June 30, 1992.? (NR)

Art. 15. It applies the rescisory action the general power of caution that it treats the art. 798 of the Code of Civil Procedure.

Art. 16. The acts practiced on the basis of the Provisional Measure No. 1.984-25, of December 21, 2000, shall be convalidated.

Art. 17. This Provisional Measure comes into force on the date of its publication.

Art. 18. Provisional Measure No. 1.984-25 of December 21, 2000.

Brasilia, December 27, 2000 ; 179º of the Independence and 112º of the Republic.

Fernando Henrique Cardoso

Jose Gregori

Martus Tavares

Fernando Bezerra

Gilmar Ferreira Mendes

attachment

(Annex V to which the art refers. 11-B of Law No. 9,028, 1995)

Entities linked to the Ministry of Education:

1. Federal Technological Education Centre?Celso Suckou from Fonseca?

2. Federal Centre for Technological Education of Bahia

3. Federal Centre for Technological Education of Paraíba

4. Federal Centre for Technological Education of Alagoas

5. Federal Centre for Technological Education of Fields

6. Federal Center for Technology Education of Goiás

7. Federal Centre for Technological Education of Minas Gerais

8. Federal Centre for Technological Education of Pelotas

9. Federal Centre for Technological Education of Pernambuco

10. The Federal Centre for Technological Education of Petrolina

11. Federal Center for Chemistry Technological Education of Nilopolis

12. Federal Centre for Technological Education of São Paulo

13. Ceará Federal Technological Education Center

14. Federal Centre of Technological Education of the Holy Spirit

15. Maranhão Federal Technological Education Center

16. Federal Centre for Technological Education of Pará

17. Federal Centre for Technological Education of Paraná

18. The Federal Centre for Technological Education of Piauí

19. Federal Centre for Technological Education of Rio Grande do Sul

20. Federal Agrotechnical School Antony Jose Teixeira

21. The Federal Agrotechnical School of Alegre

22. The Federal Agrotechnical School of Alegrete

23. The Federal Agrotechnical School of Araguatins

24. Federal Agrotechnical School of Bambui

25. The Federal Agrotechnical School of Barbacena

26. Federal Agrotechnical School of Barons

27. The Federal Agrotechnical School of Belo Garden

28. The Federal Agrotechnical School of Cáceres

29. The Federal Agrotechnical School of Castanhal

30. The Federal Agrotechnical School of Catu

31. The Federal Agrotechnical School of Ceres

32. The Federal Agrotechnical School of Codó

33. Federal Agrotechnical School of Colatine

34. Western Colorado Federal Agrotechnical School

35. Federal Agrotechnical School of Concordia

36. Federal Agrotechnical School of Crato

37. The Federal Agrotechnical School of Cuiabá

38. The Federal Agrotechnical School of Iguatu

39. Federal Agrotechnical School of Inconfidants

40. The Federal Agrotechnical School of Januaria

41. The Federal Agrotechnical School of Machado

42. Federal Agrotechnical School of Manaus

43. The Federal Agrotechnical School of Muzambinho

44. Federal Agrotechnical School of Rio de Rio

45. The Federal Agrotechnical School of Rio Pomba

46. The Federal Agrotechnical School of Rio Verde

47. The Federal Agrotechnical School of Salinas

48. The Federal Agrotechnical School of Santa Inês

49. The Federal Agrotechnical School of Santa Teresa

50. The Federal Agrotechnical School of St. Cristogo

51. The Federal Agrotechnical School of San Gabriel of the Cachoeira

52. Federal Agrotechnical School of Saint John Evangelista

53. The Federal Agrotechnical School of Saint Louis

54. Federal Agrotechnical School of South Vicente

55. Federal Agrotechnical School of Satuba

56. Dollar Federal Agrotechnical School of the Bonfim

57. Federal Agrotechnical School of Sertan

58. Somber Federal Agrotechnical School

59. The Federal Agrotechnical School of Sousa

60. Federal Agrotechnical School of Uberaba

61. Federal Agrotechnical School of Uberland

62. Federal Agrotechnical School of Urutai

63. Federal Agrotechnical School of Victory of Santo Anso

64. Federal Agrotechnical School President Juscelino Kubitschek

65. Federal Technical School of Mato Grosso

66. Black Gold Federal Technical School

67. Federal Technical School of Palmas

68. The Federal Technical School of Porto Velho

69. Federal Technical School of Moura Rolim

70. The Federal Technical School of Roraima

71. The Federal Technical School of Santa Catarina

72. The Federal Technical School of Santarém

73. Federal Technical School of Sergipe

74. The Federal Technical School of the Amazon

75. Pedro II College

76. Schools of Pharmacy and Odontology of Alfenas

77. Federal School of Engineering of Itajubá

78. Mossoró Agriculture Superior School

79. Faculty of Agrarian Sciences of Pará

80. Mineral Triangle Medicine College

81. Federal Faculty of Odontology of Diamantina

82. Foundation of Higher Education of Saint John del Rei

83. Federal Faculty Foundation of Medical Sciences of Porto Alegre

84. Joaquim Nabuco foundation

85. Federal University of Piauí.

Entities Linked to the Ministry of Sport and Tourism:

86. EMBRATUR-Brazilian Institute of Tourism

87. National Institute for Sport Development-INDESP

Entities Linked to the Ministry of Planning, Budget and Management:

88. Institute of Applied Economic Research-IPEA

89. Brazilian Institute of Geography and Statistical-IBGE

Entity Linked to the Ministry of Transport:

90. National Department of Round Roads-DNER

Entity Linked to the Ministry of Justice:

91. Indian National Foundation-FUNAI

Entity Linked to the Ministry of Development, Industry and Exterior Trade:

92. Superintendency of the Franca Zone of Manaus-SUFRAMA

Entities Linked to the Ministry of Health:

93. National Health Foundation

94. Oswaldo Cruz-FIOCRUZ Foundation

Entity Linked to the Ministry of National Integration:

95. Amazon Development Superindence-SUDAM

Attachment (s)