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Provisional Measure No. 1,984-22, September 27 2000

Original Language Title: Medida Provisória nº 1.984-22, de 27 de Setembro de 2000

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PROVISIONAL MEASURE # 1.984-22, OF September 27, 2000.

Add and amend devices of the Leis nthe 8,437, June 30, 1992, 9,028, April 12, 1995, 9,494, September 10, 1997, 7,347, July 24, 1985, 8,429, June 2, 1992, 9,704, November 17 of 1998, and Decree-Law No. 5,452, from 1º May 1943, and of Law 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 measure, without prejudice to the communication to the leader of the organ or entity, the respective judicial representative of it shall be immediately subpoenaed.

§ 5º It will not be possible injunction that would advocate for tax credit compensation or pension 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 its interposition.

§ 4º If the judgment of the aggravation of the preceding paragraph is to result in the maintenance or reinstatement of the decision of which it is intended to suspend, further application for suspension shall be made to the President of the Tribunal competent to know from eventual special or extraordinary appeal.

§ 5º It is also possible for the application for suspension referred to in the preceding paragraph when the aggravated instrument is dismissed against the preliminary injunction referred to in this article.

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

§ 7º The President of the Tribunal may confer upon the application suspensive effect, if it finds, in advance, the plausibility of the right relied on and the urgency in granting the measure.

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

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

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

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

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

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

?Art. 3º The Regional Prosecutors of the 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 aim of rationalizing services, may disable Union Prosecutor's Office situated in Federation Capital where it is installed Regional Procuratorate, hypothesis where this will absorb the attributions of that.

§ 2º ORunning the assumption that it deals with the preceding paragraph, it will be incumbent on the Union Advocate-General to 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 coexistence hypothesis of the two procuratorates, should the use of single support structure be used to meet both.

§ 4º With the same purpose of rationalization of services, is the Union Advocate-General also entitled to deactivate or cease to install Union Sectional Prosecutor's Office, applying to the hypothesis, in what couber, the provisions of the final part of § 1º and in § 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 Advocacy-General of the Union, and for the purposes provided for in the caput, the organs and entities of the Federal Administration shall designate servers for which act as experts or technical assistants in specific accomplishments, applicable to this application the 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 the Linked Bodies, to assist you in the exercise of their assignments of normative guidance and technical supervision of the legal bodies of public authorities and foundations.

§ 1º The Coordinator of Linked Bodies shall 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 functions of integration and coordination the Contencious Activity 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, even if indirect, to the erary, may avocar or integrate and coordinate the proceedings as a legal body of public enterprise or mixed economy company, to develop in judicial or extrajudicial headquarters.

Single Paragraph. They may be committed, to 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 that treats this article will be able to rely on decentralized units as per the act of the Advocate General of the Union.

§ 2º The organs and entities of the Federal Administration will give the necessary support to the Coordination of Calculations and Peresses for the performance of their assignments, including by placing personnel specialized at their disposal.? (NR)

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

I-absence of prosecutor or lawyer ;

II-impediment of the members of the legal body.

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

§ 2º The absence of an integral legal organ of the respective Prosecutor's Office or Legal Department, in the seat of a judicial organ before which it runs out of interest from municipality or Union foundation, sets up 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 Linked Bodies to the Advocacy-General of the Union, may designate to provide them temporary collaboration with effective members of the Advocacy-General of the Union, Municipal prosecutors, Legal Assistant and Lawyers of other entities, whether in judicial or advisory representation activity and legal advice, while being, while lasting for temporary collaboration, vested with the same powers conferred on the members of the respective Linked Organ.

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

?Art. 11-B. The judicial representation of the Union, as to the matters entrusted to federal authorities and foundations, related 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 members of the cadres of the entities that treats the caput in them will remain, until law has it on the new form of judicial representation, direct and indirect, Union, considered its municipal and founder entities, as well as on the provison of consultancy and legal advice to such entities.

§ 2º The legal bodies of entities related in Annex V of this Act will continue, until July 7, 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 Act, as well as in the hypotheses that it treats art. 11-A, shall be made to the respective Goods of the Advocacy-General of the Union, assured to its members, in the exercise of the judicial representation of which it treats art. 11-A and this article, the procedural prerogatives provided for in law.

§ 4º The Legal Bodies of the entities dealing with caput, together with the respective organs of the Union Advocacy-General, within sixty days, will make the lifting of the legal proceedings in progress, indicating the phase in which they are found.

§ 5º Until the advent of the Act referred to in § 1º of this article, the Advocate-General of the Union, of office or upon a proposal from the Union Prosecutor's Office, may appoint Autarquical Prosecutors, Lawyers and Legal Assistants of the entities related in Annex V of this Act to have exercises 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 the caput.? (NR)

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

I-be vacant ; or

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

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

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

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

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

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

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

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

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

§ 7º Each case should be instructed by the human resources organ 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 should be forwarded to the Advocate General of the Union in the form he regulated, accompanied by conclusive manifestation of the respective organ of legal advising.? (NR)

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

?Art. 24-A. The Union, its municipalities and public foundations are free from expense and emoluments and other judicial fees, as well as prior deposit and fine in rescission action, in any forums 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, be it on the active or passive pole of the exemption to the legal person who represent it in Judgment or outside of him.?(NR)

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

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

?Art. 1º-B. The deadline referred to in the caput of the art. 730 of the Code of Civil Procedure goes on to be 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 by associative entity, in the defence of the interests and rights of its associates, will cover only those substituted who have, on the date of the proposal of the action, domicile within the framework of the territorial competence of the prolator organ.

Single Paragraph. In the collective actions proposed against 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 indication of the respective addresses.? (NR)

?Art. 2º-B. The sentence that has per object the release of appeal, inclusion in payroll, reclassification, equation, grant of increase or extension of advantages to servers of the Union, States, the Federal District and the Municipalities, including from 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, passes vigorously with the following changes:

?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 Service 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 subsequent actions 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 in addition to the following § 2º, renumbering the current single paragraph to § 1º:

?§ 2º For the head of legal organ of federal and foundation institution instituted and maintained by the Union, he shall be appointed a bachelor's degree in law of recognized suitability, capacity and experience for the office and who has exercised it Advocacy for at least five years.? (NR)

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

?Single paragraph. The provisions of the caput do 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 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, the judicial title founded on law, or normative act declared unconstitutional by the Federal Supreme Court or in application or interpretation, shall also be deemed to be inapplicable. the Federal Constitution.? (NR)

Art. 11. Established controversy of a legal nature between entities of the indirect Federal Administration, or between such persons and the Union, the relevant Ministers of State shall immediately request the President of the Republic, the Advocacy-General's hearing of 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 volunteer resource

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 application for suspension the aggravation referred to in the caput, it will be for a further request for a suspension of the President of the Tribunal competent to know of any special or extraordinary appeal.

§ 2º Apply for the safety 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 to the rescisory action the general power of caution that it treats the art. 798 of the Code of Civil Procedure.

Art. 16 Stay convalidated the acts practiced on the basis of Provisional Measure No. 1.984-21 of August 28, 2000, and 2,059, of September 8, 2000.

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

Art. 18. It shall be repealed the Provisional Measure No. 2,059 of September 8, 2000.

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

FernAND HENRIQUE CARDOSO

Jose Gregori

Martus Tavares

Gilmar Ferreira Mendes

ANNEX

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

Entities linked to the Ministry of Education:

1. Federal Technological Education Centre?Celso Suckow 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 Center for Technological Education 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 Norte

20. Federal Agrotechnical School Antonio José 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.Escola Federal Agrotechnical of Manaus

43. The Federal Agrotechnical School of Muzambinho

44. Federal Agrotechnical School of Rio Grande do Sul

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 Tereza

50. Federal Agrotechnical School of St. Christopher

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. School 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 Development Institute of Sport-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 Roads of Rhodes-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