Key Benefits:
DECREE NO 3,698, DE December 21, 2000.
Approves the Regimental Structure and Demonstrative Framework of the Cargos in Commission and the Gratificastes functions of the Ministry of Justice and other arrangements.
OPRESIDENTDAREPUBLIC, in the use of the assignments that confers you on art. 84 inciso IV and VI of the Constitution
DECRETA:
Art. 1º Stay approved of the Regimental Framework and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Ministry of Justice in the form of Annexes I and II to this Decree.
Art. 2º As a result of the provisions of the preceding Article shall be remanded in the form of Annex III to this Decree, the following posts in committees of the Group Steering Senior Advising-DAS and rewarding functions-FG.
I-from the Office of Management of the Ministry of Planning Budget and Management from extinct organs of the Federal Publishing Administration, to the Ministry of Justice a DAS 101.5 ; six of the 101.4, fourteen of the 101.3 a DAS 101.2 ; three DAS 101.1 ; eight DAS 102.3 ; thirty and three DAS 102.2 ; and ten FG- 3
II-of the Ministry of Justice for the Management Bureau of the Ministry of Budget Planning and Management three DAS 102.1.
Art. 3º The apostillations arising from the approval of the Regimental Structure of which it treats art. 1º should occur within twenty days counted from the date of their publication of this Decree.
Single Paragraph After the planned apostilisation in the caput of this article the Minister of State for Justice will make publication in the Official Journal of the Union within thirty days counted of the dates of its publication of this decree nominal relationship of the holders of the positions in committee of the Group Direction and Advisor Superior DAS referred to in Annex II indicating even the number of vacant posts, their denomination and their level.
Art. 4º The internal Regations of the organs of the Ministry of Justice will be approved by the Ministry of State and will be publishing in the JournalOfficial of the Union within thirty days, counted from the date of its publication of this Decree.
Art. 5º This decree will enter into force on the date of its publication.
Art. 6º Stay revoked the Decrees No. 3,382 of March 14, 2000 and 3,511 of June 16, 2000.
Brasilia December 21, 2000 ; 179º of the independence and 112º of the Republic.
Fernando Henrique Cardoso
Jose Gregori
Martus Tavares
ANNEX I
Regimental structure of the ministry of justice
Capitulo i
OF NATURE AND COMPETENCE
Art. 1º The Ministry of Justice's judicial body of direct federal administration has as area of competence the following subjects:
I-defence of the legal order of po0liticos rights and constitutional guarantees ;
II-judicial policies ;
III-right of citizenship, children's rights of the teenager of Indians and minorities ;
IV-number security publishes transition transition federal, Road and Federal Railway policies of the Federal District ;
V-defence of the rights of persons with disabilities and promotion of their integration into community life ;
VI-defence of the national economic order and consumer rights ;
VII-schedules coordination and administration of the national penitentiary policy ;
VIII-citizenship immigration and foreign nationals ;
IX-general ouvidority ;
X-ouvidority of federal policies ;
XI-judicial and extrajudicial legal assistance integral and free of charge to the needy so considered in law ;
XII-defence of the goods and of the Union's own and the integral entities of the Federal Indirect Administration: and
XIII-Articular integrates and propose Government actions in aspects related to the activities of repression to the misuse of illicit trait and unauthorized production of narcotic substance and drugs that cause dependence physics or psychic.
CAPITCHAPTER II
DA ORGANIZATIONAL STRUCTURE
Art. 2º The Ministry of Justice has the following organizational structure:
I-open of direct and immediate assistance to the Minister of State:
a) Cabinet ;
b) Secretary-Executive: and
1. Schedule Subsecretary, Budget and Administration and
2. National Transition Department ;
c) Legal consultancy ;
II) singular specific organs ;
a) Human Rights Study of Human Rights
1. Secretary-Executive of the National Council on Women's Rights.
2. Department of cooperation and articulation of Security Actions Publicas.
d) Office of Economic Rights
1. Department of Economic Protection and Defense and
2. Consumer protection and defense department ;
e) Registration of legislative affairs
1. Department of analysis and legislative elaboration and
2. Department of Studies and Legislative Monitoring.
f) Department of federal policing
g) Department of Federal Road Police Officers and
h) Public Defensoria of the Union.
III-collegiate bodies and
a) Human Human Rights Defense Council ;
b) National Council of Criminal Policies and penitentiary
c) National transition board
d) National Council on the Rights of the woman.
e) National Council on the Rights of the Child and the teenager
f) National security board publishes
g) Federal Gestor Council of the Defense Fund for the rights of diffuses
h) National Board of Rights of the person carrier of Disability
IV-linked entities ;
a) Autarquia: Administrative Council of Economic Defence and
b) Indian national founding political foundation
CAPITCHAPTER III
DA COMPETENCY OF ORGANS
I Section
of the organs d direct and immediate assistance to the Ministry of State
Art. 3º To the office of the competent Minister:
I-coordinator and develop the activities concernate the Ministry of Justice's relationship with the National Congress especially in the Ministry's project monitoring of interest in articulation with the Office of the Affairs Legislative and in the care of consultation and required formulations.
II-attend the Minister of State in his political and social representation to occupy himself from the public relations and preparation and dispatch of his personal expedient.
III-coordinate and develop activities within the international framework that assist the institutional acting of the Ministry of Justice, in articulation with the Ministry of Foreign Affairs and other bodies of the Public Administration.
IV-arrange for official publication and dissemination of the matéras related to the Ministry's acting area and
V-exercise other assignments that are committed to it by the Minister of State.
Art. 4º To Executive Secretary Competes:
I-Assist to the Minister of State in the supervision and coordination of the activities of the members of the Ministry structure and of the linked to it.
II-supervise and coordinate activities in connection with federal planning and organizational budget systems and administrative modernization of financial administration accounting of resources administration of information and informatics of human resources and general services within the Ministry and
III-aiding the Minister of State in the definition of guidelines and in the implementation of the actions of the Ministry's areas of competencies.
Single Paragraph the Executive Secretary shall further exert the role of sector bodies of the civil personnel systems of the Federal Administration-SIPEC of Organization and Administrative Modernization SOMAD of Administration of Resources of Information and informatics SISP general service SISP of Planning and Federal Financial Administration Budget and Financial Administration, by intermedio of the budget planning undersecretary and administration to it subordinate.
Art. 5º To Subsecretary of planning, budget and administrative competes.
I-plan to coordinate and supervise the execution of the activities related to the federal planning and budget system of organization and administrative modernization of accounting and financial administration of information and informatics resources of human resources and general services within the Ministry.
II-promote the articulation with the central bodies of the federal system referred to in the earlier incision and inform and guide the organs of the Ministry as to compliance with the established administrative standards.
III-promote the elaboration and consolidation of the plans and programs of the activities of their areas of competencies and submit them to superior decision-making.
IV-follow up and promote the evaluation of projects and activities.
V-develop the financial and accounting budget execution activities within the Ministry and
VI-conduct taken of accounts of the ordered and other expenses responsible for public values and of the whole that of cause loss or other irregularity that results in damage to the eryary.
Art. 6º To The National Department Transito it is up to the competencies established in art. 19 of Law No. 9,503 of September 23, 1997.
Art. 7º Legal Consulting competes:
I-Assessor the Minister of State in matters of a legal nature ;
II-to exercise the coordination of the activities of the legal bodies of the entities linked to the Ministry ;
III-fix the interpretation of the Constitution Commission of the laws of the treaties and of the other normative acts to be uniformly followed in their areas of acting and coordination when there is no normative orientation of the General Advocate of the Union ;
IV-draw up studies and prepare information on request from the Minister of State ;
V-attend the Minister of Study in the internal control of the administrative legality of the acts to be carried out by him or already effector and those from organs or entities under his legal coordination and
VI-examine prior and conclusively within the Ministry.
a) the text of the tender edition as those of the respective contrario or congenial instruments to be published and concluded and
b) the acts by which one will recognize the ineffability or decide the bidding dispensation.
Single Paragraph. The Legal Advisory organ administratively subordinate to the Ministry of State further exercises the role of sector bodies of the Union Advocacy General.
Section II
Of The Natural Specific organs
Art. 8º To the Secretary of State for Human Rights competes:
I-promote and defend the rights of citizenship, the child, the teenager, the woman, the disabled person, the elderly, the black, and other minorities ;
II-develop studies and propose measures concerning civil social and economic political rights to public freedoms and the promotion of equal rights and opportunity ;
III-acting in partnership with the institutions that uphold human rights ;
IV-adopt measures of defence of the collective interests and diffuses in articulation with the Ministry Publico ;
V-formulate normalizing and coordinating throughout the national territory the policy of advocating for the rights of the child and adolescent as well as providing support and advice to the organ and entities that perform this policy ;
V I-make compliance with the Statute of the Child and the Adolescent ;
VII-articulating and coordinating the performance of the representative councils of the human-law matter society provided the necessary logistical support services for the functioning of the National Council of the Council of Women's Rights Defense of Human Person Rights of the National Human Person's Rights Council of the National Human Rights Council of the Person of Disabilities ;
VIII-coordinator and accompanist to the implementation of the National Human Rights programme-PNDH giving coherence to the sectoral public policies of the various governmental areas in the matter of human rights and citizenship in articulation with civil society ;
IX-promote cooperation with international and foreign bodies in the matter of human rights ;
X-coordinate the activities necessary for the grant of the Human Law award ; in necessary matter the grant of the adoption matter prematter.
XI-exercises the function of Federal Central Authority in Services in the matter of adoption ;
XII-Coordinate and supervise the execution of the Volunteer Civil Service Program ;
XIII-administer and supervise the National Network of Human Rights ;
XIV-promote the integration of the person with disabilities to community life ;
XV-articulating across national territory the formulation of rights advocacy policies of the disabled person as well as providing support and advising to the organs and executaries of this policy ;
XVI-coordinate and provide the necessary support services for the operation of the Equality Promotion Committee ;
XVII-promote the articulation of cooperation and integration of the sectoral public policies that guarantee full citizenship the victims or witnesses threatened ;
XVIII-coordinate and supervise the execution of the Visa Programs to Vitimas and the Endangered Witness and witness ;
Art. 9º The Executive Secretary of the National Council on the Rights of the Compete Woman:
I-subsidize the Council in the Formulation of its work schedule ;
II-promote the articulation and coordination of the Council's performance provided the logistical support services necessary for its functioning ;
III-implement the guidelines and decisions emanating from the councils ;
IV-elaborate manage to monitor and supervise the implementation of the government programs inherent in the activities of the councils ;
V-refer to the proposed State Secretary approved by the Councils for the hiring of services and events necessary for the developed of their actions.
Art. 10º The Human Rights promotion department competes:
I-attend the Secretary of State and the adjunct secretario in the tract of matters involving the defence of human rights ;
II-technically support the representative institutions of the community in the issues renders to human rights ;
III-promote research studies and develop projects regarding extension and strengthening of the network of rights guarantees ;
IV-encourage and propose the debate with a view to legislative improvement in the field of promotion and protection of human rights ;
V-manage and monitor the execution of the National Human Rights Program-PNDH, including the agreements, protocols and arrangements signed for their implementation ;
VI-administer the National Network of Human Rights ;
VII-promote and encourage public opinion awareness campaigns for the creation of human rights culture and citizenship and that encourage the participation of individuals and civil institutions in the construction of public order founded in respect of laws and human rights ;
VIII-develop activities that effectively promote equality and promote education actions for human rights and citizenship ;
IX-coordinating governmental actions and measures that refer to people with disabilities ;
X-defend the right of the person with disabilities and promote their integration to community life ;
XI-provide support and advice in the elaboration and decentralized implementation of the rights policy of the disabled person's rights ;
XII-manage and promote the dissemination of the information system relating to the issues of the person with disabilities ;
XIII-coordinate and supervise the execution of the Victims Assistance Programs and Threatened Witnesses ;
XIV-articulate and integrate sectoral public policies within the federal framework that can contribute to socially promoting the victim or assisted witness, so as to enable her to fully exercise her citizenship ;
XV-promote integration and cooperation with the federal and state security apparatus, as well as partnerships with civil society entities, with a view to ensuring the protection of threatened victims and witnesses ; and
XVI-keep in absolute secrecy the information and data of the people who are inserted into the protection system, adopting the indispensable security measures.
Art. 11. The Department of Child and Adolescent competes:
I-promote, stimulate, monitor and evaluate the implementation of the Status of the Child and the Adolescent ;
II-promote the process of decentralization of child care and the adolescent in risk situation, as recommended in the Status of Child and Adolescent ;
III-valuing and stimulating the adoption of sociopedagogical projects by the institutions of direct care to adolescents in conflict with the law ;
IV-support the strengthening of the social legal protection network to the child and adolescent ;
V-promote the production, systematization and dissemination of information concerning the issues of the child and adolescent ;
VI-perform the activities inherent in the function of Federal Central Authority on adoption ;
VII-manage and promote the dissemination of the information system for childhood and adolescence ;
VIII-nationally coordinating the policy of promoting and advocating the rights of the child and adolescent, as well as fostering support for services and programs of direct care to adolescents in conflict with the law ; and
IX-advises the Secretary of State and the Deputy Secretary in the matters concerning the protection of the child and the adolescent.
Art. 12. The National Secretary of justice competes:
I-refer to the National Criminal and Penitential Policy Board, motions for resolutions ;
II-dealing with the subjects related to the indicative classification of public amusements and radio and television programmes and recommended the age ranges and schedules of the same ;
III-dealing with matters relating to nationality and naturalisation and the legal regime of foreigners ;
IV-process and refer to the competent bodies expedient in the interests of the judiciary, the Public Prosecutor's Office and Public Defensoria ;
V-instruct letters rogatory ;
VI-instruct the proceedings of the prosection and vacancy of positions of jurisdiction magistrates of the President of the Republic ;
VII-opinion on the solicitation, cassation and awarding of public utility titles, medals and on the installation of associations, societies and foundations in the national territory, in the area of their competence ;
VIII-register and scrutinize the entities that perform microfilming services ;
IX-qualify persons of private non-profit law as Organizations of the Civil Society of Public Interest ;
X-direct, negotiate and coordinate the studies concerning the right of integration and the activities of jurisdictional cooperation, in international agreements in which Brazil is Part ;
XI-coordinating national policy on refugees ;
XII-represent the Ministry of the National Immigration Council ;
XIII-coordinating the policy of justice and security, through the articulation with other Federal Organisation, the judiciary, the Legislative Power, the Public Prosecutor's Office, the State Governments, international agencies and organizations of civil society ;
XIV-plan and coordinate national penitentiary policy.
Art. 13. The National Penitentiary Department competes:
I-monitor the faithful application of the penal execution standards throughout the national territory ;
II-inspect and periodically scrutinize the criminal establishments and services ;
III-to technically watch the federative units in the implementation of the principles and rules of criminal execution ;
IV-collaborating with the federative units, upon arrangements, in the deployment of criminal establishments and services ;
V-collaborate with the federal units in carrying out training courses of penitentiary and vocational education of the convict and the internment ;
VI-coordinating and supervising federal internment criminal establishments ;
IV-Encourage to propose the debate with a view to legislative improvement in the matter of promotion and protection of human rights ;
V-manage ; and monitor the execution of the National Human Rights Program-PNDH, Inclusive the agreements, protocols and arrangements signed for their implementation ;
VI-administer the National Network of Human Rights ;
VI-process, study and refer, in the manner provided for in Law, the applications for Individual Indulges ;
VII-procesar, study and forward, in the manner provided for in Law, applications for Individual Idultos ;
VIII-manage the resources of the National Penitentiary Fund-FUNPEN, created by the Supplementary Law No. 79 of January 7, 1994 ; and
IX-support administrative and financially the National Council on Criminal and Penitential Policy.
Art. 14. The Department of Foreign Affairs competes:
I-process, opinion and refer matters relating to nationality, naturalization and legal regime of foreigners ;
II-process, opinion and refer to matters relating to compulsory measures of expulsion, extradition and deportation ;
III-instruct the relative processes, the transfer of prisoners for punishment in the country of origin, from agreements of which Brazil is a party ;
IV-instruction processes of recognition of refugee and political asylum condition ;
V-provide administrative support to the National Committee for Refugee-CONARE.
Art. 15. The National Secretary of Public Safety competes:
I-advising the Minister of State for Justice in the definition, implementation and monitoring of the Policy and the National Public Safety Plan ;
II-attend the Minister of State for Justice in the matters concerning the public security bodies of the States and the Federal District ;
III-draw up proposals for legislation and regulation ;
IV-accompany, throughout the national territory, the activities of the state bodies responsible for public safety ;
V-promote the articulation and integration of actions concerning the repression of drug trafficking, unauthorized production and the misuse of narcotic substances and drugs that cause physical and psychic dependence ;
VI-coordinating the national arms policy, respected the powers of the Ministry of Defense and the Federal Police ;
VII-propose integrated actions of the Federal Police Department, Department of the Federal Highway Police, the organs of the National Public Safety System and the Office of the Federal Revenue Office of the Ministry of Finance, with support from the Ministry of Defense, to contain the smuggling and path of goods and values, the theft and reception of loads, piracy and the smuggling of goods ;
VIII-articulating and stimulating joint activities of the Federal Police Department, Department of the Federal Highway Police, the Office of the Federal Revenue Ministry, with the support of the Ministry of Defense, in the surveillance and patrolling on the roads ;
IX-administer the National Public Safety Fund ;
X-support, including financially, the empowerment of public safety area professionals ;
XI-conduct studies and research relating to public safety ;
XII-effector the cooperation and exchange of technical and operational experiences between the Union, States, the Federal District and the Municipalities ;
XIII-support actions to modernize, reequip and resurrect the Country's police apparatus ;
XIV-stimulates funders to forage the modernization of the Country police apparatus ;
XV-exercise, by its holder, the functions of Ouvidor-General of federal policemen ;
XVI-support and promote the deployment of the Community Police and integrated centers of citizenship in the states ;
XVII-implement, maintain and modernize the National System of Justice Information and Public Safety-INFOSEG ;
XVIII-consolidate national statistics of crimes ; and
XIX-encourage and monitor the situation of Regional Public Security Councils.
Art. 16. To the Department of Articulation of Integrated Police Actions competes:
I-encourage systematic actions of reprimand to drug trafficking by articulating the joint participation of the Federal Police Department, Department of the Federal Highway Police, the Office of the Federal Revenue Office of the Ministry of Farm and other security organs of the states, with the support of the Ministry of Defence ;
II-propose strategies for surveillance and repression to inhibit the production and marketing of chemical precursors indispensable to the achievement of the final drug and to combat the illicit trafficking of these substances ;
III-propose lines of action to promote the implementation of the coordination of national arms policy ;
IV-promote joint efforts of the Federal Police Department, Department of the Federal Highway Police ; of the organs of the National Public Safety System and the Office of the Federal Revenue Office of the Ministry of Finance, with support of the Ministry of Defence, to contain the smuggling and path of goods and values ;
V-propose special operations in conjunction with the Federal Police Department, Department of the Federal Highway Police, Office of the Federal Revenue Ministry of the Ministry of Finance, and Ministry of Defense, aiming to extend the shares of patrolling on Brazilian roads with strict cooperation of the states' public security bodies ;
VI-articulating actions to combat piracy and contraband with support from the Ministry of Defence in the Special Nuclei of Marine Police ;
VII-articulating with the State Governments and the Judiciary Power the timely fulfilment of all prison mandates already exclaims and, yet, not fulfilled ;
VIII-elaborating the mapping of highways with elevated indexes of thefts and theft ; and
IX-follow up on the activities developed by state public security bodies and the Regional Public Security Councils.
Art. 17. To the Department of Cooperation and Public Security Actions articulation competes:
I-draw up proposals for regulation and standardization, relating to the implementation of the Police and the National Public Safety Plan ;
II-manage, control and scrutinize the National Public Safety Fund-FNSP ;
III-analyze, approve and follow up on the projects of arrangements, funded with FNSP resources, and their respective accounts installments ;
IV-analyze proposals for empowerment and training of instructors and professionals from the public safety area ;
V-review and standardize the curriculums of the police academies, promoting their integration ;
VI-carry out studies and research in public safety ;
VII-identifying, documenting and disseminating innovative experiences in the field of public safety ;
VIII-to encourage and promote international cooperation and exchange in the field of public security ;
IX-support, including financially, States in the implementation and maintenance of programs that promote better integration between civilian and military policemen, upon harmonization of their respective territorial bases, of the systems of communication and information and basic training, in addition to the decentralized
X-promote cooperation programs with the states, targeting the reappearance, restructuring and modernization of the operational capacity of its security organs ;
XI-promote the modernization of the corregedorias of state police and the technical-scientific services of public safety ;
XII-support the creation and installation of Police Ouvidorias and other external mechanisms of control of police activity ;
XIII-promote the deployment of integrated centers of citizenship ;
XIV-develop actions of police and city security personnel ;
XV-encourage and propose the implementation of the Community Police and integrated centers of citizenship in the states ;
XVI-follow up on the activities developed by the state public security bodies and the Regional Public Security Councils ;
XVII-promote events for the integration of public safety organs ;
XVIII-implement, maintain and modernize the National System of Justice Information and Public Safety-INFOSEG ;
XIX-deploy database with criminal information and in the interest of public safety ;
XX-carry out yearly national victimization research ; and
XXI-standardize and consolidate national statistics of crimes and performance indicators of the bodies responsible for public safety.
Art. 18. The Office for Economic Law is to exercise the powers set out in the Laws 8,078 of September 11, 1990, 8,884, June 11, 1994, 9,008, March 21, 1995 and 9,021, March 30, 1995.
Art. 19. The Department for Economic Protection and Defense is to exercise, in coordination with the Secretariat of Economic Law, the competences in Law No. 8,884, as well as articulating policies pertinent to the defence of Competition with the Agencies Regulators.
Art. 20. The Department of Consumer Protection and Defense is to exercise, in coordination with the Office of Economic Law, the competencies set out in Law No. 8,078 of 1990.
Art. 21. To the Office of Legislative Affairs competes:
I-supervise and assist the committees and special groups of jurists consisting of the Minister of State, with the aim of changing codes and consolidating legal diplomas ;
II-co-ordinate, in conjunction with the Legal Consulting, the drafting of decrees and other acts of a normative nature of interest of the Ministry ;
III-to monitor the procedure and votes in the National Congress and to compile the opinions issued by the Permanent Committees of the two House ; and
IV-coordinate the referral of the opinions sent to the Subheads for Parliamentary Affairs of the Civil House of the Presidency of the Republic.
Art. 22. To the Department of Analysis and Legislative Drafting competes:
I-draw up and systematize the bills of law and respective exhibits of grounds of interest from the other areas of the Ministry of Justice ;
II-draw up and examine, in conjunction with Legal Consulting, constitutionality, juridicity and legislative technique of decrees and other legal acts ; and
III-support the committees and special working groups that are for the purpose and elaboration of legislative propositions.
Art. 23. To the Department of Legislative Studies and Monitoring competes:
I-examine the bills in tramway in the House of Representatives and the Federal Senate ;
II-draw up opinions, in conjunction with the Legal Consulting, regarding the constitutionality and juridicity of the law projects in phase of the sanction ; and
III-keep documents intended for the monitoring of the legislative process and changes in the legal order.
Art. 24. To the Federal Police Department it is up to exercise the skills set out in § 1º of the art. 144 of the Constitution, and in § § 12, 13 and 14 of the art. 14 of Law No. 8,649 of May 27, 1998.
Art. 25. To the Federal Highway Police Department is up to exercise the skills set out in art. 20 of Law No. 9,503 of September 23, 1997, in Decree No 1,655 of October 3, 1995.
Art. 26. To the Public Defender of the Union it is up to exercise the powers set out in the Supplementary Act No. 80 of January 12, 1994.
Section III
Of The Collegiate Organs
Art. 27. To the Human Rights Protection Council-CDDPH is to exercise the powers set forth in Law No. 4,319 of March 16, 1964.
Art. 28. The National Criminal Policy and Penitentiary Council competes:
I-propose guidelines of criminal policy as to the prevention of the offence, administration of justice, Criminal and execution of penalties and security measures ;
II-contribute in the elaboration of national development plans, suggesting the goals and priorities of criminal and penitentiary policy ;
III-promote the periodic evaluation of the criminal system for its suitability for the needs of the Country ;
IV-stimulate and promote criminological research ;
V-draw up national penitentiary program of training and improvement of the server ;
VI-establish rules on the architecture and construction of penal establishments and hostel house ;
VII-setting the criteria for the elaboration of the criminal statistic ;
VIII-inspect and scrutinize the criminal establishments, as well as to inform themselves, upon reports from the Penitentiary Council, requisitions, visits or other means, about the development of criminal execution in the States and District Federal, proposing to her authorities tasked with the measures necessary for their enhancement ;
IX-represent the Enforcement Judge or the administrative authority for the establishment of syndication or administrative procedure, in the event of a violation of the norms concerning the criminal execution ; and
X-represent the competent authority for the interdiction, in whole or in part, of criminal establishment.
Art. 29. The National Transit Council-CONTRAN is up to exercise the skills set out in art. 12 of Law No. 9,503, 1997.
Art. 30. The National Council on Women's Rights-CNDM is to exercise the powers set out in Law No. 7,353 of August 29, 1985.
Art. 31. To the National Council on the Rights of the Child and the Adolescent-CONANDA it is up to exercise the powers set out in Law No. 8,242 of October 12, 1991.
Art. 32. The National Public Security Council-CONASP competes:
I-formulating the National Public Safety Policy ;
II-establish guidelines, draw up standards and articulate the coordination of the National Public Safety Policy ;
III-stimulate the modernization of organizational structures of the civil and military policemen of the states and the Federal District ;
IV-develop studies and actions aiming to increase the efficiency of police services by promoting the exchange of experiences ; and
V-study, analyse and suggest changes in relevant legislation.
Art. 33. To the Federal Gestor Council of the Difusion Rights Fund-CFDD is to exercise the powers set forth in Law No. 9,008 of 1995.
Art. 34. To the National Council on the Rights of the Person of Disabilities-CONADE is to exercise the powers set out in Decree No 3,298 of December 20, 1999.
Chapter IV
OF THE ALLOCATIONS OF LEADERS
SETION I
From the Secretary of State for Human Rights
Art. 35. The Secretary of State for Human Rights rests:
I-formulate and coordinate human rights policy within the federal framework ;
II-evaluate and supervise the execution of the National Human Rights Program ;
III-evaluate and supervise the areas of competence of the Secretary of State ;
IV-exercise the manager function of the Secretary of State budget ;
V-coordinate the articulation with the other areas of the Federal Government with a view to the implementation of the National Human Rights Program ;
VI-directing, representing and guiding the State Secretariat by ensuring compliance with its purposes ;
VII-advising the Minister of State on Human Rights ;
VIII-exercise the functions of Ouver-General of the Republic ; and
IX-exercise other assignments that are committed to it by the Minister of State.
Section II
From the Secretary of State-Adjunion of Human Rights
Art. 36. To the Secretary of State for Human Rights it is incumbent on:
I-attend the Secretary of State in the supervision and coordination of the activities of the Departments and integral areas of the structuring of the Secretary of State ;
II-supervise and coordinate, in articulation with the Executive Secretariat of the Ministry of Justice, the activities related to the federal planning and budget, organizational and administrative modernization systems, of administration of information and information resources, human resources and general services within the framework of the Secretary of State ;
III-aiding the Secretary of State in the definition of guidelines and in the implementation of the actions of the Office's area of competence ;
IV-promote the articulation with the organs of the Federal Government structure with views to the implementation of the National Human Rights Program ; and
V-manage control systems and result indicators of policies developed by the Secretary of State.
Section III
From the Executive Secretary
Art. 37. To the Executive Secretary it is incumbent:
I-coordinates, consolidate and submit to the Minister of State the Ministry's global action plan ;
II-supervise and evaluate the execution of the projects and activities of the Ministry ;
III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of systems that are made to the area of competence of the Secretariat-Executiva; and
IV-exercise other assignments that are committed to it by the Minister of State.
Section IV
The Public Defender-General
Art. 38. To Public Defender-General it is incumbent:
I-directing the Union Public Defender, superintending and coordinating its activities and orienting it to acting ;
II-represent the Public Defensoria of the judicial and extrajudicial Union ;
III-vehement for the fulfillment of the purposes of the Institution ;
IV-integrate, as a natural member, and chair the Superior Council of the Union Public Defensoria ;
V-lower the Rules of Procedure of the Union Public Defensortia ;
VI-authorize the estranged apartments of the members of the Union Public Defensoria ;
VII-establish the lotation and distribution of the members and servers of the Union Public Defensoria ;
VIII-addressing conflict of assignments between members of the Union Public Defender, with appeal to its Superior Council ;
IX-utter decisions in the unionists and disciplinary administrative processes promoted by the Corregedoria-General of the Union Public Defensoria ;
X-initiate disciplinary proceedings against members and servers of the Union Public Defender, on the recommendation of its Superior Council ;
XI-opening public tenders for admission to the career of the Union Public Defensoria ;
XII-determine extraordinary corrections ;
XIII-practicing acts of administrative, financial and personnel management ;
XIV-convene the Superior Council of the Union Public Defensoria ;
XV-designate a member of the Union Public Defensoria for the exercise of its assignments in organs of diverse acting of its lotation, in exceptional character, before Juizos, Courts or Ofices other than those established for each category ;
XVI-requisition of any public authority and of its agents, certificates, examinations, perennials, surveys, démarches, proceedings, documents, information, clarifications and other arrangements necessary to the performance of Defensoria Public ;
XVII-apply the penalty of compulsory removal, approved by the two-thirds vote of the Superior Council of the Union Public Defensoria, assured broad defence ; and
XVIII-delegate assignments to authority that is subordinate to you in the form of the law.
V Section
Of Secretaries
Art. 39. The Secretaries must plan, direct, coordinate, guide, monitor and evaluate the execution of the activities of the organs of their respective Secretaries, and to exercise other assignments that are committed to them in internal regiment.
Single Paragraph. It is also incumbent upon the Secretaries to exercise the assignments that expressly delegated them, to the subdelegation the authority directly subordinated.
Section VI
Of The Remaining Leaders
Art. 40. To the Chief of Staff of the Minister of State, the Legal Advisor, the Under-Secretary, the Executive Secretary of the National Women's Rights Council, the Rights of the Department, the Directors-General, the Presidents of Boards, the Coordinator-General, the Superintendents and the other leaders is to plan, direct, coordinate and guide the execution of the activities of the respective units and to exercise other tasks assigned to it, in their respective areas of competence.
Chapter V
DAS GENERAL PROVISIONS
Art. 41. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competencies of the respective units and the assignments.
ANNEX II
a) DEMONSTRATIVE FRAMEWORK OF THE POSTS IN COMMISSION AND OF THE GRATIFIED FUNCTIONS OF THE MINISTRY OF JUSTICE.
UNITY | CARGO/ FUNCTION No. | DENOMINATION CARGO/FUNCTION | NE/DAS/FG |
CABINET OF THE MINISTER Division Service Social Communication Advisor coordination Service Advisor for Parliamentary Affairs Division Service International Advice Division Service |
3 1 3 3 5 4 1 3 4 1 1 1 1 1 1 1 1 1 1 1 4 4 3 |
Special Assessor of the Minister Special Assessor of Control Internal Assessor of the Minister Assessor Assistant Auxiar Head Assessor of the Head of Cabinet Assistant Head Head Head of Advisor Coordinator Head Head of Advisor Head Head Head of Advisor Head Head |
102.5 102.5 102.4 102.3 102.2 102.1 101.5 102.4 102.2 101.2 101.1 101.4 101.3 101.1 101.4 101.2 101.1 101.4 101.2 101.1 FG-1 FG-2 FG-3 |
SECRETARIAL-executive Cabinet coordination Division Service UNDERSECRETORY OF PLANNING, BUDGET AND ADMINISTRATION Service coordination Division Coordination-General of Logistics coordination Division Service Coordination-General Human Resources coordination Division Coordination-General Information Technology coordination Division Coordination-General Budget and Finance Division Service Coordination-Setorial Planning General Division Service NATIONAL TRANSIT DEPARTMENT Division Service Coordination-General Planning and Strategic Planning of the National Transit System Coordination-General Operational Planning of the National Transit System Coordination-General for Informatization and Statistics Coordination-Human Factor Qualification General in Transit | 1 1 3 1 2 2 2 2 7 1 2 1 1 3 1 4 9 4 1 1 1 6 3 5 4 3 1 3 2 4 7 6 5 1 1 3 4 3 1 6 3 2 2 1 1 2 4 3 2 2 1 4 1 2 2 1 1 1 1 |
Executive Secretary Director of Program Assessor of the Executive Secretary Head Coordinator Head Head Undersecretary Assistant Auxiar Head Coordinator Auxiar Head Coordinator-General Auxiar Coordinator Head Head Coordinator-General Auxiar Coordinator Head Coordinator-General Auxiar Coordinator Head Coordinator-General Head Head Coordinator-General Head Head Director Assessor Auxiar Head Head Coordinator-General Coordinator-General Coordinator-General Coordinator-General |
NE 101.5 102.4 101.4 101.3 101.2 101.1 FG-1 FG-2 101.5 102.2 102.1 101.1 101.3 102.1 101.2 FG-1 FG-2 101.4 102.1 101.3 101.2 101.1 FG-1 FG-2 FG-3 101.4 102.1 101.3 101.2 FG-1 FG-2 FG-3 101.4 102.1 101.3 101.2 FG-2 101.4 101.2 101.1 FG-1 FG-2 FG-3 101.4 101.2 101.1 FG-1 FG-2 FG-3 101.5 102.3 102.1 101.2 101.1 101.4 101.4 101.4 101.4 |
Coordination-General Transit Infrastructure Coordination Coordination-General of Legal Instrumental and Surveillance LEGAL ADVICE Coordination-General of Legal Affairs coordination Division Coordination-General of Contracts and Congenneres Division SECRETARY OF STATE OF HUMAN RIGHTS Secretary of the Secretary Coordination-General Cooperation with International Bodies Planning, Budget, and Logistics Manager Division EXECUTIVE SECRETARIAL OF THE NATIONAL COUNCIL OF WOMEN 'S RIGHTS coordination DEPARTMENT OF PROMOTION OF HUMAN RIGHTS Human Rights Promotion Generation coordination Division National Coordination for the Integration of Disability Carrier Person coordination Division Manager of Victims and Threatened Witnesses Division Service DEPARTMENT OF THE CHILD AND THE TEENAGER Management of Adoption and Defense of the Rights of the Child and the Adolescent coordination Social Reinsertion Manager of Adolescent in Conflict with the Law coordination Division |
1 1 1 2 1 5 1 1 3 4 1 1 1 2 1 3 1 3 1 1 1 2 1 1 1 3 6 4 1 3 3 3 1 2 1 1 2 3 1 2 2 1 2 1 1 1 1 2 1 3 1 |
Coordinator-General Coordinator-General Legal Advisor Coordinator-General Auxiar Coordinator Head Coordinator-General Head Secretary of State Special Assessor of the Secretary of State Head Technical Assessor Secretary of State-Adjoined Project Manager Auxiar Coordinator-General Assessor Assistant Program Manager Head Assistant Executive Secretary Program Manager Coordinator Assistant Director Program Manager Assistant Program Manager Coordinator Head Coordinator-General Coordinator Head Program Manager Head Head Director Assistant Coordinator-General Coordinator Program Manager Coordinator Head |
101.4 101.4 101.5 FG-1 FG-2 FG-3 101.4 102.1 101.3 101.2 101.4 101.2 NE 102.5 101.5 102.4 101.6 101.4 102.1 101.4 102.3 102.2 101.4 101.2 102.2 FG-1 FG-2 FG-3 101.5 101.4 101.3 102.2 101.5 101.4 102.2 101.4 101.3 101.2 101.4 101.3 101.2 101.4 101.2 101.1 101.5 102.2 101.4 101.3 101.4 101.3 101.2 |
SECETARIA NACTIONAL DE JUSTICE Cabinet coordination Coordination-General of Justice, Classification, Securities and Qualification coordination Division Service NATIONAL PENITENTIARY DEPARTMENT Coordination-General of Penitentiary Affairs coordination Division Service DEPARTMENT OF FOREIGNERS Division Service Coordination-General of Refugee Affairs coordination NATIONAL SECRETARY OF PUBLIC SECURITY Cabinet Service National Public Safety Plan Follow-up Manager ARTICULATION DEPARTMENT OF INTEGRATED POLICE ACTIONS Coordination-General Follow-up Action for Antidrug Actions Coordination Special Operations Articulation-General Coordination coordination Coordination-General of the Undersystem of Intelligence coordination DEPARTMENT OF COOPERATION AND ARTICULATION OF PUBLIC SECURITY ACTIONS Coordination-General Management of the National Public Safety Fund coordination |
1 1 1 1 1 6 10 7 1 1 1 3 2 2 1 1 1 1 4 1 1 1 4 1 1 1 2 1 2 2 1 2 4 1 13 1 1 3 2 1 2 4 1 3 6 1 3 6 1 1 1 2 1 2 4 |
Secretary Program Manager Auxiar Head Coordinator Coordinator-General Program Manager Auxiar Coordinator Head Head Director Auxiar Coordinator-General Coordinator Head Head Director Auxiar Head Head Coordinator-General Coordinator Assistant Secretary Assessor of Secretary Assessor Head Assessor Head Program Manager Director Assessor Coordinator-General Coordinator Assistant Coordinator-General Coordinator Assistant Coordinator-General Coordinator Assistant Director Technical Assessor Assessor Coordinator-General Coordinator Assistant |
101.6 101.4 102.1 101.4 101.3 FG-1 FG-2 FG-3 101.4 101.4 102.1 101.3 101.2 101.1 101.5 102.1 101.4 101.3 101.2 101.1 101.5 102.1 101.2 101.1 101.4 101.3 102.2 101.6 102.4 102.3 101.4 102.3 101.1 FG-2 FG-3 101.4 101.5 102.3 FG-1 101.4 101.3 102.2 101.4 101.3 102.2 101.4 101.3 102.2 101.5 102.4 102.3 FG-1 101.4 101.3 102.2 |
Management Manager and Modernization of Polices coordination Division Coordination-General of Interface for Security Actions of Cities and Warranty of Human Rights coordination Coordination-General Information and Statistics and Monitoring of Polices coordination SECRETARY OF ECONOMIC LAW Cabinet coordination Service DEPARTMENT OF PROTECTION AND ECONOMIC DEFENSE Coordination-General for Analysis of Infractions of Agriculture and Industry Sectors Division Coordination-General for Analysis of Service and Infrastructure Sectors Infractions | 1 2 4 1 1 3 6 1 2 4 1 1 2 2 1 3 2 5 3 3 1 1 2 4 1 1 1 2 1 |
Manager Coordinator Assistant Head Coordinator-General Coordinator Assistant Coordinator-General Coordinator Assistant Secretary Program Manager Assessor Auxiar Head Coordinator Head Director Assistant Auxiar Coordinator-General Auxiar Head Coordinator-General |
101.4 101.3 102.2 101.2 101.4 101.3 102.2 101.4 101.3 102.2 101.6 101.4 102.3 102.1 101.4 101.3 101.1 FG-1 FG-2 FG-3 101.5 102.2 102.1 FG-2 FG-3 101.4 102.1 101.2 101.4 |
1 |
Auxiar |
102.1 | |
Division |
2 |
Head |
101.2 |
Service |
1 |
Head |
101.1 |
Cordination-General of Legal Affairs | 1 |
Coordinator-General |
101.4 |
1 |
Auxiar |
102.1 | |
Division |
3 |
Head |
101.2 |
Coordination-General Market Control | 1 |
Coordinator-General |
101.4 |
1 |
Auxiar |
102.1 | |
Division |
2 |
Head |
101.2 |
Service |
1 |
Head |
101.1 |
DEPARTMENT OF CONSUMER PROTECTION AND DEFENSE | 1 |
Director |
101.5 |
1 |
Assistant |
102.2 | |
1 |
Auxiar |
102.1 | |
3 |
FG-2 | ||
1 |
FG-3 | ||
Coordination-General of Supervision and Control | 1 |
Coordinator-General |
101.4 |
1 |
Auxiar |
102.1 | |
Division |
2 |
Head |
101.2 |
Coordination-General Policy and Consumption Relations | 1 |
Coordinator-General |
101.4 |
1 |
Auxiar |
102.1 | |
Division |
2 |
Head |
101.2 |
Coordination-General of Legal Affairs | 1 |
Coordinator-General |
101.4 |
1 |
Auxiar |
102.1 | |
Division |
2 |
Head |
101.2 |
SECRETARY OF LEGISLATIVE AFFAIRS |
1 |
Secretary |
101.6 |
1 |
Assessor |
102.3 | |
Cabinet |
1 |
Head |
101.4 |
Coordination |
1 |
Coordinator |
101.3 |
Division |
1 |
Head |
101.2 |
Service |
2 |
Head |
101.1 |
2 |
FG-2 | ||
DEPARTMENT OF ANALYSIS AND LEGISLATIVE ELABORATION | 1 |
Director |
101.5 |
2 |
Auxiar |
102.1 | |
Division |
1 |
Head |
101.2 |
1 |
FG-2 | ||
DEPARTMENT OF STUDIES AND LEGISLATIVE FOLLOW-UP | 1 |
Director |
101.5 |
2 |
Auxiar |
102.1 | |
Division |
1 |
Head |
101.2 |
1 |
FG-2 | ||
POLICE DEPARTMENT FEDERAL |
1 |
Director General |
101.5 |
3 |
Assistant |
102.2 | |
Coordination |
4 |
Coordinator |
101.3 |
Division |
21 |
Head |
101.2 |
Service |
25 |
Head |
101.1 |
Co-ordination-General of Cabinet |
1 |
Coordinator-General |
101.4 |
Coordination-General Central Police |
1 |
Coordinator-General |
101.4 |
Coordination-General Planning and Modernization | 1 |
Coordinator-General |
101.4 |
National Police academy |
1 |
Director |
101.4 |
National Identification Institute |
1 |
Director |
101.3 |
National Criminalistic Institute |
1 |
Director |
101.3 |
Corregedoria-General of the Federal Police | 1 |
Correged-General |
101.4 |
Regional Oversight-Class?A? | 14 |
Regional Superintendent |
101.2 |
Regional Oversight-Class?B? | 13 |
Regional Superintendent |
101.1 |
230 |
FG-1 | ||
251 |
FG-2 | ||
328 |
FG-3 | ||
HIGHWAY POLICE DEPARTMENT FEDERAL | 1 |
Director General |
101.5 |
Cabinet |
1 |
Head of Cabinet |
101.4 |
Coordination |
1 |
Coordinator |
101.3 |
3 |
Assessor |
102.3 | |
Director |
4 |
Head |
101.2 |
1 |
Assistant |
102.2 | |
1 |
Auxiar |
102.1 | |
10 |
FG-1 | ||
2 |
FG-2 | ||
20 |
FG-3 | ||
Corregedorial-General |
1 |
Correged-General |
101.4 |
Division |
2 |
Head |
101.2 |
Coordination-General Planning and Modernization Highway Police | 1 |
Coordinator-General |
101.4 |
Division |
4 |
Head |
101.2 |
Coordination-General Operations |
1 |
Coordinator-General |
101.4 |
Coordination |
1 |
Coordinator |
101.3 |
Division |
3 |
Head |
101.2 |
Coordination-General Human Resources Development | 1 |
Coordinator-General |
101.4 |
Division |
4 |
Head |
101.2 |
Coordination-General of Administration |
1 |
Coordinator-General |
101.4 |
Division |
6 |
Head |
101.2 |
Coordination-General of Logistics |
1 |
Coordinator-General |
101.4 |
Division |
4 |
Head |
101.2 |
Regional Oversight |
21 |
Superintendent |
101.3 |
84 |
FG-1 | ||
294 |
FG-2 | ||
Police Station |
151 |
Head |
FG-2 |
151 |
FG-3 | ||
Regional District |
5 |
Head |
101.1 |
20 |
FG-3 | ||
PUBLIC DEFENSORIA OF THE UNION |
1 |
The Public Defender-Union General |
NE |
Union Public-General Subdefensoria |
1 |
Union Public-General Subdefender |
NE |
1 |
Assessor of the Union General Public Defensor | 102.4 | |
Coordination |
2 |
Coordinator |
101.3 |
Division | 3 | Head | 101.2 |
b) SUMMARY TABLE OF COSTS FOR POSTS IN COMMISSION AND THE GRATIFIED FUNCTIONS OF THE MINISTRY OF JUSTICE.
CODE |
DAS-UNITARIO |
CURRENT SITUATION |
NEW SITUATION | ||
QTDE. |
TOTAL VALUE |
QTDE. |
TOTAL VALUE | ||
DAS 101.6 | 6.52 | 5 | 32.60 | 5 | 32.60 |
DAS 101.5 |
4.94 |
18 |
88.92 |
19 |
93.86 |
DAS 101.4 |
3.08 |
63 |
194.04 |
69 |
212.52 |
DAS 101.3 |
1.24 |
71 |
88.04 |
85 |
105.40 |
DAS 101.2 |
1.11 |
140 |
155.40 |
141 |
156.51 |
DAS 101.1 |
1.00 |
74 |
74.00 |
77 |
77.00 |
DAS 102.5 |
4.94 |
6 |
29.64 |
6 |
29.64 |
DAS 102.4 |
3.08 |
16 |
49.28 |
16 |
49.28 |
DAS 102.3 |
1.24 |
14 |
17.36 |
22 |
27.28 |
DAS 102.2 |
1.11 |
28 |
31.08 |
61 |
67.71 |
DAS 102.1 | 1.00 | 38 | 38.00 | 35 | 35.00 |
SUBTOTAL 1 |
473 |
798.36 |
536 |
886.80 | |
FG-1 | 0.31 | 376 | 116.56 | 376 | 116.56 |
FG-2 |
0.24 |
468 |
112.32 |
468 |
112.32 |
FG-3 | 0.19 | 851 | 161.69 | 861 | 163.59 |
SUBTOTAL 2 | 1,695 | 390.57 | 1,705 | 392.47 | |
TOTAL (1 + 2) | 2,168 | 1,188.93 | 2,241 | 1,279.27 |
ANNEX III
REMAND OF POSTS
CODE |
DAS-UNITARIO |
DA SEGES/MP P/ O MJ (a) |
DO MJ P/ A SEGES/MP (b) | ||
QTDE. |
TOTAL VALUE |
QTDE. |
TOTAL VALUE | ||
DAS 101.5 | 4.94 | 01 | 4.94 | _ | _ |
DAS 101.4 |
3.08 |
06 |
18.48 |
_ |
_ |
DAS 101.3 |
1.24 |
14 |
17.36 |
_ |
_ |
DAS 101.2 |
1.11 |
01 |
1.11 |
_ |
_ |
DAS 101.1 |
1.00 |
03 |
3.00 |
_ |
_ |
DAS 102.3 |
1.24 |
08 |
9.92 |
_ |
_ |
DAS 102.2 |
1.11 |
33 |
36.63 |
_ |
_ |
DAS 102.1 | 1.00 | - | - | 03 | 3.00 |
SUBTOTAL 1 | 66 | 91.44 | 03 | 3.00 | |
FG-3 | 0.19 | 10 | 1.90 | _ | _ |
SUBTOTAL 2 | 10 | 1.90 | _ | _ | |
TOTAL (1 + 2) | 76 | 93.34 | 03 | 3.00 | |
Balance of Remanejamento (a-b) | -73 | -90.34 | _ | _ |