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Provisional Measure No. 440, Of 29 August 2008

Original Language Title: Medida Provisória nº 440, de 29 de Agosto de 2008

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PROVISIONAL MEASURE NO 440, DE August 29, 2008.

Disposes on the restructuring of the remunerative composition of the Federal Revenue Letters of the Federal Revenue of Brazil and Auditoria-Fiscal of Labour, of which it treats Law no 10,910, of July 15, 2004 ; of the Charges of the Legal Area, of which it treats Law no 11,358, of October 19, 2006 ; of the Carreiras of Government Management, of which it treats the Provisional Measure no 2.229-43, of September 6, 2001 ; of the Carreiras of the Central Bank of Brazil-BACEN, of which it treats Law no 9,650, May 27 of 1998 ; and of the Diploma Career, of which it treats Law no 11,440, of December 29, 2006 ; creates the SUSEP Carrier and Cargos Plan, the CVM Carrier Plan and Cars and the Cars and Cars Plan of the IPEA ; it has on the remuneration for holders of P-1500 Group's P-1501 Planning Technician posts, of which it treats Law no 9,625, April 7, 1998, and members of the Civil Police Officer of the Extinct Federal Territories of Acre, Amapá, Rondônia and Roraima that it treats Law no 11,358 of October 19, 2006, the creation of Union Public Defender Posts, the creation of positions of Planning and Budget Analyst, and on the Development System at the Carrier-SIDEC, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

CHAPTER I

DAS CAREERS AND POSTS OF THE FEDERAL PUBLIC ADMINISTRATION TAGPRESERVER,I,198,203 TAGPRESERVER,P,203,207

Section I

From the Federal Audit Carreiras

Art. 1o Law no 10,910, of July 15, 2004, passes vigorously increased Annexes III and IV in the form of Annexes I and II of this Interim Measure, respectively.

Art. 2o Law no 10,910, of 2004, passes the increased vigorous of the following devices:

" Art. 1o ...................................................................................................................

Single Paragraph. The holders of effective proofing of the careers of which it treats the caput will be reframed, counting from 1the of July 2009, as set out in Annex III. " (NR)

" Art. 2o-A. From 1o of July 2008, the holders of the effective prosecution positions of the careers to which the art refers. 1the shall become remunerated, exclusively, by subsidy, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation amount or other remunerative species.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex IV, with financial effects from the dates specified therein. " (NR)

" Art. 2o-B. They are understood in the grant and are no longer due to the holders of the posts to which the art refers. 1o, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Tax Activity- GAT, of which it treats art. 3the of this Act ;

III-Increment Gratification of the Supervision and Fundraising-GIFA, of which it treats art. 4the of this Act ; and

IV-Individual Pecuniary Advantage-VPI, of that treats Law no 10,698, of July 2, 2003.

Single Paragraph. Considering the willing on art. 2o-A, the holders of the posts referred to therein do not do jus to the perception of the following remunerative advantages:

I-Gratification of Activity Performance Tributary-GDAT, of which it treats art. 15 of Law no 10,593, of December 6, 2002 ;

II-Additional Retribution Variable, of which treats the art. 5o of Law no 7,711, of December 22, 1988 ;

III-Gratification of Stimulus to Surveillance and Fundraising-GEFA, created by Decree-Law no 2,371, of November 18, 1987 ; and

IV-Gratification of Activity-GAE, of which treats the Delegated Act no 13, of August 27, 1992. " (NR)

" Art. 2o-C. In addition to the plots and advantages of which it treats art. 2o-B, are not due to the holders of the posts to which the art refers. 1o, from 1o of July 2008, the following remunerative species:

I-personal advantages and personal advantages nominally identified-VPNI, of any origin and nature ;

II-individual differences and waste, of any origin and nature ;

III-values embedded in remuneration arising from the exercise of direction function, manager or an advisor or office of prosecution in committee ;

IV-values embedded in remuneration relating to fifteenth or tenths ;

V-values incorporated in remuneration to title of additional per service time ;

VI-advantages emboded to the slate or pensions per force of the arts. 180 and 184 of Law no 1,711, of October 28, 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of activities unhealthy, dangerous or penful ;

X-additional night ;

XI-additional for the provision of service extraordinary ; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in art. 2o-E. " (NR)

" Art. 2o-D. The integral servers of the careers that it treats art. 1the shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, yet arising from judicial sentence transitioned on trial. " (NR)

" Art. 2o-E. The allowance of the career members of which it treats art. 1the does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, of December 19, 2003 ;

IV-retribution for the function exercise of direction, chefs and advising ; and

V-indenizatory plots provided for in law. " (NR)

" Art. 2o-F. The application of the provisions of this Act to active servants, inactives and pensioners shall not be able to entail reduction in remuneration, proof of income and pensions.

§ 1o In the reduction hypothesis of remuneration, provenance or pension, as a result of the application of the provisions of this Act, the possible difference shall be paid in respect of the supplementary instalment of subsidy, of a provisional nature, which will be graded gradually on the occasion of the development in office or career by progression or ordinary or extraordinary promotion, reorganization or restructuring of the posts and careers or remuneration provided for in this Act, the granting of readjustment or the advantage of any nature as well as the implantation of the values listed in Annex IV

§ 2o The supplementary installment of subsidy referred to in § 1the will be subject exclusively to the update arising from the general review of the remuneration of federal public servants. " (NR)

" Art. 2o-G. It applies to pensions granted to the integral servers of the Audit Carreiras of the Brazilian Federal Revenue Service and Auditoria-Fiscal of the Work of which it treats the art. 1o and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity. " (NR)

Art. 3o To holders of the member posts of the Carreiras of which it treats art. 1the of Law no 10,910, 2004, applies the exclusive dedication scheme, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magisterion, with timetables compatibility.

§ 1o In the exclusive dedication regime, you will allow sporadic collaboration in subjects of their specialty, duly authorized by the Secretary of the Federal Revenue Office of Brazil or by the Minister of State for Labour and Employment, as the case may be, for each specific situation, observed the terms of the regulation, and the participati on boards and fiscal boards of public companies and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

§ 2o In cases to which the working arrangements apply by plands, scale or regime of shifts alternated by relay, it is at the maximum of one hundred and ninety and two monthly hours the work journey of the members of the posts referred to in the caput.

§ 3o The plantation and scale or the shift regime alternated by relay will be regulated in joint act of the State Ministers of Planning, Budget and Management, the Finance and Labour and Employment, observed the legislation in force.

Art. 4o The career integrals to which the arts refers. 1o of Law no 10,910, of 2004, may only be ceded or have exercise outside the respective lotion organ in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of the posts of Secretary of State, of the Federal District, of capital prefecture or of maximum leader of public administration entity of those federated ones ;

IV-exercise of post by director or chairman of public company or mixed economy company federal ;

V-occupants of the effective positions of the Brazilian Federal Revenue Auditor, in the following organs of the Ministry of Finance:

a) Cabinet of the Minister of State ;

b) Secretariat-Executiva;

c) School of Fazendary Administration ;

d) Council of Contributors ; and

e) Prosecutor-General of the National Farm ;

VI-occupiers of the posts of Auditor-Fiscal of the Brazilian Federal Revenue Service of the Audit of the Federal revenue from Brazil, in the Ministry of Social Welfare and the National Institute of Social Insurance-INSS ; and

VII-occupants of the effective positions of the Auditoria-Fiscal Auditorial Career, at the Ministry of Work and Employment, exclusively in the non-member units of the Federal Work Inspection System defined in regulation.

Section II

Of Legal Area Carreiras

Art. 5the Annex I of Law no 11,358, October 19, 2006, passes the vigorously in the form of Annex III, with financial effects from the dates specified thermal.

Art. 6o To the holders of the posts of which treat incisos I to V and § 1the of the art. 1the of Law no 11,358, 2006, applies the exclusive dedication scheme, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magisterion, with timetables compatibility.

Single Paragraph. In the exclusive dedication scheme, you will allow for sporadic collaboration in matters of your specialty, duly authorized by the Advocate General of the Union, by the President of the Central Bank of Brazil, by the Minister of State of the Finance or by the Minister of State for Justice, as the case is, for each specific situation, observed the terms of the regulation, and the participation in boards and tax boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detain participation in the social capital.

Art. 7o The career members and the holders of posts to which they refer to the incisos I, II, III and V and the § 1o of the art. 1o of Law no 11,358, of 2006, can only be ceded or have exercise outside the respective lotion organ in the following hypotheses:

I-application by the Presidency or Vice-Presidency of the Republic ;

II-cessations for the exercise of office in committee of level CJ-3 or higher in cabinet of Minister of the Supreme Federal Court or Superior Court ;

III-cessations for the exercise of office in commission of level CC-6 or higher in the Cabinet of Attorney General of the Republic ;

IV-cessations for the post of Special Nature post or posts in equal level commission or superior to the Group's DAS 4-Direction and Superior, or equivalent, in organs of the Executive Power or the Legislative Power of the Union, or of its public authorities and foundations ;

V-exercise of office in commission in the organs of the Advocacy-General of the Union, the Attorney General Federal, the Prosecutor's Office of the Central Bank of Brazil and the Attorney General of the National Farm ;

VI-exercise of office, function or charge of legal body holder of public administration direct, municipal or foundational federal ;

VII-interim financial year or provision of temporary collaboration, by the maximum time limit of eighty days, in organs of the Advocacy-General of the Union, of the Federal Prosecutor's Office, the Attorney General of the National Farm or the Prosecutor's Office of the Central Bank of Brazil ;

VIII-exercise of post by director or chairman of public enterprise or economy society federal mixed ;

IX-exercise of the posts of Secretary of State, the Federal District, capital prefecture or of maximum leader of public administration entity of those federated ones ;

X-in the case of occupants of the effective positions of Federal Prosecutor, to act together with the Board of Social Security Resources ; and

XI-in the case of National Farm Prosecutor, in the following organs of the Ministry of the Farm:

a) Cabinet of the Minister of State ;

b) Secretariat-Executiva;

c) School of Fazendary Administration ; and

d) Council of Contributors ;

Single Paragraph. Subject to the provisions of the inciso I, the hypotheses of application provided for under law do not apply in cases where the assignment is not authorized by this article.

Art. 8the Union Public Defenders can only be given over or have exercise outside the respective lotion body in the following hypotheses:

I-application by the Presidency or Vice-Presidency of the Republic ;

II-cessations for the exercise of office in commission of level CJ-3 or higher, in cabinet of Minister of the Federal Supreme Court or Superior Court ;

III-cessations for the exercise of office in commission of level CC-6 or higher in the Cabinet of Attorney General of the Republic ;

IV-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

V-exercise of office on commission or charge in the organs of the Union Public Defensoria.

VI-interim financial year or provision of temporary collaboration, by the maximum time limit of eighty days, in organs of the Union Public Defensoria ;

VII-exercise of post by director or chairman of public enterprise or economy society federal mixed ;

VIII-exercise of the posts of Secretary of State, the Federal District, capital city hall or of maximum governing body leader of the public administration of those federated ones ;

IX-exercise in the Cabinet of the Minister of State or the Executive Officer of the Ministry of Justice.

Single Paragraph. Subject to the provisions of the inciso I, the hypotheses of application provided for under law do not apply in cases where the assignment is not authorized by this article.

Art. 9o The inciso VI of the art. 5o of Law no 11,358, from 2006, passes vigorously with the following essay:

" VI-advantages emboded to the precents or pensions per force of the arts. 180 and 184 of Law no 1,711, of October 28, 1952, and of the arts. 192 and 193 of Law no 8,112, of December 11, 1990 ; " (NR)

Section III

Of the Government Management Carreiras

Art. 10 A from 1o of July 2008, spend exclusively being remunerated by grant, fixed in single instalment, vetoed the addition of any gratification, additional allowance, allowance, award, representation or other remunerative species, the holders of the following effective proofing posts:

I-Analist of Finance and Control and Technical Finance and Control, of the Carrier of Finance and Control ;

II-Analyst of Planning and Budget and Planning and Budget Technical, of the Carrier of Planning and Budget ;

III-Exterior Trade Analyst, from the International Trade Analyst of the Exterior Analyst ; and

IV-Specialist in Public Policies and Government Management, of the Specialist Carrier in Public Policies and Governmental Management.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex IV, with financial effects from the dates specified therein.

Art. 11 They are understood in the grant and are no longer due to the holders of the posts to which refers to art. 10, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Management Performance of the Management Cycle-GCG, of which it treats art. 8º of Provisional Measure No. 2.229-43 of September 6, 2001 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law No. 10,698 of July 2, 2003.

Single Paragraph. Considering the willing on art. 10, the holders of the posts referred to therein, as per the career to which they belong, do not do jus to the perception of the following remunerative advantages:

I-Gratification of Performance and Productivity-GDP, of which it treats art. 1o of Law no 9,625, of April 7, 1998 ;

II-Gratification of Planning, Budget, and Finance and Control, of which it treats art. 7o of Law no 8,538, of December 21, 1992 ;

III-Gratification of Performance and Efficiency-GDE, of which it treats art. 10 of Law no 9,620, of April 2, 1998 ; and

IV-Gratification of Activity-GAE, of which it treats the Delegated Act no 13, August 27 of 1992.

Art. 12 In addition to the plots and advantages of which it treats art. 11, they are not due to the holders of the posts to which the art refers. 10, from 1o of July 2008, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of October 28, 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ; and

XII-other gratifications and additional, of any origin and nature, that are not explicitly mentioned in art. 11.

Art. 13 The member servers of the careers that it treats art. 10 shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, even if arising of judicial sentence transitioned on trial.

Art. 14 The allowance of the members of the Carreiras that it treats the art. 10 does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, of December 19, 2003 ;

IV-retribution for the exercise of direction function, chefs and advising ; and

V-indenizatory plots provided for in law.

Art. 15 A application of the provisions contained in the arts. 10 a 14 to active servers, inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the provisions of this Provisional Measure, eventual difference shall be paid in the form of supplementary instalment of subsidy, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or career by progression or promotion, ordinary or extraordinary, of the reorganization or restructuring of the posts and careers or remuneration, of which it treats art. 10, of the concession of readjustment or advantage of any nature as well as the implantation of the values listed in Annex IV.

§ 2the The supplementary share of subsidy referred to in § 1the will be subject exclusively to the update arising from general review of the remuneration of federal public servants.

Art. 16 Applies to retirements granted to the integral servers of the Carreiras de that treats art. 10 and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of June 18, 2004, in what couber, the willing in the arts. 10 a 15 in relation to the servers that are in activity.

Art. 17 To the holders of the member offices of the Carreiras that it treats the art. 10, the exclusive dedication scheme applies, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magister, with time-compatibility.

Single Paragraph. In the exclusive dedication scheme, you will allow for sporadic collaboration in matters of your specialty, duly authorized by the Minister of State for Planning, Budget and Management, by the Minister of State for Finance or the Minister of State of Control and Transparency, as per the case, for each specific situation, observed the terms of the regulation, and participation in boards and tax boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detain participation in the social capital.

Art. 18 The members of the careers to which the art refers. 10 will only be able to be ceded or have exercise outside the respective loan organ in the situations defined in art. 1o of Law no 9,625, of April 7, 1998, and, still, in the following:

I-required requisitions in law for Union bodies and entities ;

II-occupants of the effective posts of the Foreign Trade Analyst Carrier:

a) ceded for the exercise of posts in commission in the following organs:

1. Ministry of Tourism ;

2. Ministry of Agriculture, Livestock and Supply ;

3. Ministry of Finance ; and

4. Ministry of Planning, Budget and Management.

b) interim exercise or provision of temporary collaboration, for the realization of others activities considered to be strategic of Government related to foreign trade, expressly defined, upon act of the Minister of State for Development, Industry and Foreign Trade ;

III-occupants of the effective posts of the Specialist Carrier in Public Policies and Management Governmental, regardless of assignment or application, upon authorization from the Minister of State for Planning, Budget and Management, in the organs and entities of the direct, municipal, and founder federal public administration ;

IV-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

V-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or of maximum leader of public administration of those federated ones ; and

VI-exercise of post by director or chairman of public enterprise or mixed economy company federal.

Section IV

Das Carreiras of the Central Bank of Brazil

Art. 19 Annex II to Law no 9,650 of May 27, 1998 passes on the terms of Annex V of this Provisional Measure, producing financial effects as of the date specified thermal.

Art. 20 A Law no 9,650, of 1998, passes the following additional law devices:

" Art. 9o-A. From 1o of July 2008, they undergo remuneration exclusively per grant, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation, or other remunerative species, the holders of the following effective proofs of the Central Bank Specialist Carrier of Brazil:

I-Annalist of the Central Bank of Brazil ; and

II-Technical of the Central Bank of Brazil.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex II-A, with financial effects from the dates specified therein. " (NR)

" Art. 9o-B. They are understood in the grant and are no longer due to the holders of the posts to which the art refers. 9o-A, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Qualification-GQ, of which treats the art. 10 of this Act ;

III-Bank Activity Gratification Central-GABC, of which it treats art. 11 of this Act ; and

IV-Individual Pecuniary Advantage-VPI, of that treats Law no 10,698, of July 2, 2003.

Single Paragraph. Considering the willing on art. 9o-A, the holders of the posts referred to therein do not do jus to the perception of the advantages of which it treats the Delegated Act no 13, of August 27, 1992. " (NR)

" Art. 9o-C. In addition to the plots and advantages of which it treats art. 9o-B, are not due to the holders of the posts to which the art refers. 9o-A, from 1o of July 2008, the following installments:

I-personal advantages and personal advantages nominally identified-VPNI, of any origin and nature ;

II-individual differences and waste, of any origin and nature ;

III-values embedded in remuneration arising from the exercise of direction function, manager or an advisor or office of prosecution in committee ;

IV-values embedded in remuneration relating to fifteenth or tenths ;

V-values incorporated in remuneration to title of additional per service time ;

VI-advantages emboded to the slate or pensions per force of the arts. 180 and 184 of Law no 1,711, of October 28, 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of activities unhealthy, dangerous or penful ;

X-additional night ;

XI-additional for the provision of service extraordinary ; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in art. 9o-E. " (NR)

" Art. 9o-D. The integral servers of the career that it treats art. 9o-A will not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative, judicial or administrative extension of judicial decision, of a general or individual nature, yet that stemming from judicial sentence transitioned on trial. " (NR)

" Art. 9o-E. The allowance of the career members of which it treats art. 9o-A does not rule out the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, of December 19, 2003 ;

IV-retribution for the function exercise of direction, chefs and advising ; and

V-indenizatory plots provided for in law. " (NR)

" Art. 9o-F. Application of the provisions contained in the arts. 9o-A 9o-E and active servers, inactives, and pensioners will not be able to imply reduction in remuneration, both order of order and pension.

§ 1o In the reduction hypothesis of remuneration, provenance or pension, as a result of the application of the provisions of this Act, the possible difference shall be paid in respect of the supplementary instalment of subsidy, of a provisional nature, which will be graded gradually on the occasion of the development in office or career by progression or promotion, ordinary or extraordinary, of the reorganization or restructuring of the posts and career or remuneration, of which it treats art. 9o-A, of the concession of readjustment or advantage of any nature, as well as the implantation of the values listed in Annex V.

§ 2o The supplementary installment of subsidy referred to in § 1the will be subject exclusively to the update arising from the general review of the remuneration of federal public servants. " (NR)

" Art. 9o-G. It applies to retirements granted to the career integral servers that it treats art. 9o-A and pension, ressaved pensions and pensions regulated by the arts. 1o and 2o of Law no 10,887, of June 18, 2004, in what couber, the willing in the arts. 9o-A 9o-F in relation to the servers that find themselves in activity. " (NR)

Art. 21 The single paragraph of art. 11 of Law no 9,650, from 1998, passes vigorously with the following essay:

" Single Paragraph. From 1o March 2008 and until June 30, 2008, the gratification that it treats the caput will be paid to the servers that it makes jus in value corresponding to seventy-five per cent incidents over the highest basic maturity of the respective office. " (NR)

Art. 22 To holders of the members of the Central Bank Specialist Carrier of the Brazil applies the exclusive dedication scheme, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magisterion, with time-compatibility.

Single Paragraph. In the exclusive dedication scheme, you will allow for sporadic collaboration in matters of your specialty, duly authorized by the President of the Central Bank of Brazil, for each specific situation, observed the terms of the regulation, and the participation in boards and tax boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

Art. 23 The members of the Central Bank Specialist Carrier of Brazil will only be able to be ceded or have exercise outside of the Central Bank of Brazil and its units in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-assignment for the exercise of posts in commission in the following bodies of the Ministry of Farm:

a) Cabinet of the Minister of State ;

b) Secretariat-Executiva;

c) Secretary of Economic Policy ;

d) Secretary of Economic Monitoring ;

e) Secretary of International Affairs ;

f) Secretary of the National Treasury ;

g) Extraordinary Secretariat of Economic and Fiscal Reforms ;

h) Board of National Financial System Resources ; and

i) Control Board of Financial Activities-COAF ;

IV-exercise of post by director or chairman of public company or mixed economy company federal ; and

V-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or maximum governing body leader of the public administration of those federated ones.

Art. 24 A Law no 9,650, of 1998, passes the increased vigorous of Annex II-A in the form of Annex VI to this Interim Measure.

Section V

From the Diplomat Carrier

Art. 25 The holders of the effective proofs of the Diplomat Carrier, which integrates the Brazilian Exterior Service in the terms of art. 2o of Law no 11,440, of December 29, 2006, shall become remunerated exclusively by subsidy, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation amount or other remunerative species.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex VII, with financial effects from the dates specified therein.

Art. 26 They are understood in the grant and are no longer due to the holders of the posts to which refers to art. 25, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Diplomatic Activity Performance-GDAD, of which it treats art. 3o of Law no 10,479, of June 28, 2002 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law no 10,698, 2003.

Single Paragraph. Considering the willing on art. 25, the holders of the posts referred to therein do not do jus to the perception of the following remunerative advantages:

I-Gratification of Professional Habilitation and Access, of which treat the inciso V of the art. 3the of Decree-Law no 2,405, of December 29, 1987, and the inciso IV of § 5o of art. 2o of Law no 7,923, of December 12, 1989 ; and

II-Gratification of Activity-GAE, of which it treats the Delegated Act no 13, 1992.

Art. 27 In addition to the plots and advantages of which it treats art. 26, they are not due to the holders of the posts to which the art refers. 25, from 1o of July 2008, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ; and

XII-other gratifications and additional, of any origin and nature, that are not explicitly mentioned in art. 29.

Art. 28 The integral servers of the career that it treats art. 25 shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, even if arising of judicial sentence transitioned on trial.

Art. 29 The benefit of the career members of which it treats art. 25 does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, from 2003 ;

IV-retribution for the exercise of direction function, chefs and advising ; and

V-indenizatory plots provided for in law.

Art. 30 Applies to retirements awarded to career integral servers to which refers to art. 25 and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of 2004, in what couber, the provisions in this Provisional Measure in relation to the servers that are in activity.

Art. 31 To holders of the members of the Diploma Career positions the regime of exclusive dedication, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magisterion, with time-compatibility.

Single Paragraph. In the exclusive dedication scheme, you will allow for sporadic collaboration in matters of your specialty, duly authorized by the Minister of State for Foreign Affairs, for each specific situation, observed the terms of the regulation, and the participation in boards and tax boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

Art. 32 The members of the Diplomat Carrier will only be able to be ceded or have exercise outside the respective lotion organ in the following situations:

I-required application in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ;

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or of maximum leader of public administration of those federated ones ; and

V-cession for the exercise of positions in commission in secretaries of international affairs and organs equivalent of direct administration of the Executive Power.

Art. 33 A application of the provisions contained in the arts. 25 a 28 to active servers, inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the provisions of this Provisional Measure, eventual difference shall be paid in the form of supplementary instalment of subsidy, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or career by progression or promotion, ordinary or extraordinary, of the reorganization or restructuring of the posts and careers or remuneration, of which it treats this Section, of the granting of readjustment or advantage of any nature as well as of the deployment of the values constants of Annex VII.

§ 2the The supplementary share of subsidy referred to in § 1the will be subject exclusively to the update arising from general review of the remuneration of federal public servants.

Section VI

From the Carreiras Plan and Cars of the Private Insurance Superintendency-SUSEP

Art. 34 It is structured the Plan of Carreiras and Insurance Superintendency Cars Private-SUSEP, covering the holders of effective proofs of the SUSEP Personnel Framework, of which it treats art. 38 of Decree-Law no 73, of November 21, 1966, and Law no 9,015 of March 30, 1995, composed of the following careers and posts:

I-of higher level, SUSEP Technical Analyst Carrier, composed of the positions of Analyst SUSEP Technician ; and

II-intermediate level, intermediate level effective prosecution positions of the Framework of SUSEP personnel.

Single Paragraph. The posts to which the incisors I and II refer are of effective and governed by Law no 8,112, 1990.

Art. 35 The senior and intermediate level posts of the SUSEP Carreiras Plan and Cars are grouped into classes and standards, as set out in Annex VIII.

§ 1o The current busy posts whose holders have observed the provisions of the § 3the of the art. 52, as well as the vacant posts and the rest as they wander, from SUSEP's SUSEP Technical Analyst of the SUSEP go on to integrate the career of which treats the inciso I of the art. 34.

§ 2o The provisions of § 1o does not represent, for any legal effect, inclusive for retirement effect, discontinuity in relation to the office and the assignments developed by its holders.

§ 3o The intermediate level posts of SUSEP's Personnel Framework, of which it treats the inciso II of the art. 34, vacant on August 29, 2008 and those who come to wander, are turned into Executive Agent posts of SUSEP.

Art. 36 A career and the posts of the SUSEP Carreiras Plan and Cargos are intended for exercise of their respective assignments at different levels of complexity and responsibility, as well as the exercise of activities of a technical, administrative and managerial nature concerning the regulation, supervision, surveillance and incentive of the insurance activities, supplementary pension open, capitalization and reinsurance.

Art. 37 It is forty hours weekly the working hours of job of the holders of the posts members of the SUSEP Carreiras and Cargos Plan, resurrected the amstops hypotheses in specific legislation.

Art. 38 Rests with holders of SUSEP Technical Analyst posts the development of activities linked to the economic, financial and accounting control of supervised entities ; supervision, control and guidance to supervised entities ; execution of activities related to special schemes ; realization of actuarial studies and of technical standards within the scope of operations undertaken by supervised entities ; analysis of product authorization ; deployment, administration and management of computerized systems ; provision of technical and operational support to users ; execution of other activities compatible with the level of complexity of the tasks of the office and the exercise of the assignments provided for in specific laws and regulations, in particular the provisions of art. 1o of Law no 9,015, from 1995.

Art. 39 Without prejudice to the current assignments, it is general assignment of the level posts broker of the SUSEP Personnel Framework offer specialized support to activities arising from the assignments defined in art. 38.

Art. 40 These are requirements for admission to the initial class of the posts of which treat incisos I and II of the art. 34:

I-approval in public tender of evidence or evidence and securities ;

II-diploma in completion of higher education at undergraduate level, in courses recognized by the Ministry of Education and, if applicable, specific legal habilitation, as defined in the contest's edition, for senior level posts ; and

III-certificate of completion of high school or equivalent and specific legal habilitation, if it is the case, provided by officially authorized education institution, as defined in the contest's edition, for the intermediate level posts.

§ 1the The public contest referred to in the inciso I can be arranged in one or more steps, including training course when judged relevant, as per the opening edition of the certame and observed the relevant legislation.

§ 2o The public contest referred to in § 1o can be held by areas of specialization regarding the candidate's training area, as per the opening edition of the certame.

Art. 41 The development of the server in the careers and posts that integrate the Plan of Careers and Cargos from SUSEP will occur upon functional progression and promotion.

§ 1o For the purposes of the willing on the caput, progression is the pass-through of the server to the immediately superior due standard within a same class, and promotion, the server pass from the last standard of a class to the first class standard immediately superior.

§ 2the Ato of the Executive Power will regulate the criteria for granting progression functional and promotion that it treats the caput.

Art. 42 The development of the server in the careers and posts that integrate the Plan of Careers and Cargos of SUSEP will obey the following rules:

I-minimum interstice of twelve months between each progression ;

II-habilitation in individual performance evaluation corresponding to, at minimum, seventy per one of the maximum limit of the score of the evaluations carried out at the intersttation considered for progression ; and

III-competence and professional qualification.

§ 1o The interstination for functional progression purposes will be:

I-computed in days, discounted the apartments that are not legally considered to be effective exercise ; and

II-suspended in cases where the server moves away without remuneration, being retaken the comic to from return to activity.

§ 2o As long as they are not regulated, the progressions and promotions of the holders of members of the SUSEP Carreiras Plan and Cargos, they will be granted by observing the standards in force on August 28, 2008.

§ 3o On the countdown of the interstential required for promotion and progression, it will be harnessed time computed until August 28, 2008.

Art. 43 Are minimum prerequisites for promotion to classes of senior level posts of the SUSEP's Carreiras plan and Cars:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and sixty hours, and professional qualification with minimum five-year experience, both in the specific field of acting of the post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred and forty hours, and professional qualification with minimum experience of eight years, both in the specific field of office acting ; and

III-for the Special Class, be certificate holder of completion of specialization course or of specific training equivalent to, at the very least, three hundred and sixty hours, and professional qualification with minimum experience of eleven years, both in the specific field of acting of the post.

Art. 44 Are minimum prerequisites for promotion to classes of intermediate level posts of the SUSEP Carreiras Plan and Cars:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and twenty hours, or diploma in completion of superior course and professional qualification with minimum five-year experience, both in the specific field of acting of each post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred hours, or diploma in completion of superior course and professional qualification with minimum eight-year experience, both in the specific field of acting of each post ; and

III-for the Special Class, possessing certification in empowerment events, totaling, in minimum, two hundred and eighty hours, or diploma in completion of superior course and professional qualification with minimum experience of eleven years, both in the specific field of acting of each post.

Art. 45 It is up to SUSEP to implement permanent capacity-building program, training and development, aimed at ensuring the professionalization of the holders of the member positions of their Plan of Carreiras and Cargos.

Single Paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 46 The holders of the career career positions referred to in the inciso I of the art. 34 pass to be paid exclusively for allowance, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation, or other remunerative species.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex IX, with financial effects from the dates specified therein.

Art. 47 They are understood in the grant and are no longer due to the holders of the posts to which refers to the inciso I of the art. 34, from 1o of July 2008, the following remunerative species :I-Basic maturity ;

II-Gratification of Private Insurance Audit Activity Performance-GDSUSEP, of which treats the art. 13 of the Provisional Measure no 2.229-43, of 2001 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law no 10,698, 2003.

Single Paragraph. Considering the willing on art. 46, the holders of the posts referred to therein do not do jus to the perception of the following remunerative advantages:

I-Variable Retribution of the Private Insurance Superintendency, of which it treats the Law no 9,015, of 1995 ; and

II-Gratification of Activity-GAE, of which it treats the Delegated Act no 13, 1992.

Art. 48 In addition to the plots and advantages of which it treats art. 47, they are not due to the holders of the posts referred to in the inciso I of the art. 34, from 1o of July 2008, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ; and

XII-other gratifications and additional, of any origin and nature, that are not explicitly mentioned in art. 50.

Art. 49 The career integral servers that treat the inciso I do art. 34 shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, even if arising of judicial sentence transitioned on trial.

Art. 50 The allowance of the career members of which they treat the inciso I of the art. 34 does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, from 2003 ;

IV-retribution for the exercise of direction function, chefs and advising ; and

V-indenizatory plots provided for in law.

Art. 51 A remuneration structure of holders of intermediate level posts to which refers the inciso II of the art. 34 and the senior level positions of the supplementary framework referred to in § 5the of the art. 52, starting from 1o of July 2008, will have the following composition:

I-Basic Maturity ; and

II-Performance Gratification of Support Activities in SUSEP-GDASUSEP.

§ 1o The basic maturity patterns of the posts referred to in the caput are the constants of the Annex X, with financial effects from the dates specified in it.

§ 2o The holders of the posts to which the caput refers will not do jus, starting from 1o July 2008, to the perception of the following gratifications and advantages:

I-Gratification of Private Insurance Audit Activity Performance-GDSUSEP, of which it treats the art. 13 of the Provisional Measure no 2.229-43, of 2001 ; and

II-Individual Financial Advantage-VPI, of which it treats Law no 10,698, 2003.

Art. 52 The holder servers of the senior and intermediate levels of the Table of Personnel of SUSEP will be framed in the Charges and Cargos Plan of SUSEP, in accordance with their respective assignments, the vocational training requirements and the relative position in the remunerative Table, pursuant to Annex XI.

§ 1o It is vetoed the change of the level of the job occupied by the server as a result of the willing in the caput.

§ 2o The positioning of retirees and pensioners in the remunerative tables, constants of Annexes IX and X, will be referenced to the situation in which the server was on the date of retirement or in which the pension originated, respected changes relating to positionings arising from specific legislation.

§ 3o It will be framed in the career that it treats the inciso I do art. 34, the posts which have holders whose investiture has observed the relevant constitutional and ordinary standards prior to October 5, 1988, and, if later than that date, have passed approval in public tender.

§ 4o To SUSEP, it is incumbent to verify, on a case by case basis, the regularity of the application of the provisions of the § 3o, as for the effective framing.

§ 5o The top level busy positions of the SUSEP Personnel Framework that, in arising from the provisions of § 3o, could not be transposed into the career of which it treats the inciso I of the art. 34 The under-extinction supplemental framework.

§ 6o The supplementary framework referred to in § 5the includes in the Plan of Careers and Cargos from SUSEP.

Art. 53 A Application of the provisions of this Interim Measure to active servers, the inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the arts willing. 46 and 51, eventual difference will be paid:

I-to the career integral servers that it treats the inciso I do art. 34, the title of supplementary instalment of subsidy, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or career by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts and careers or remunerations provided for in this Provisional Measure, the provision of readjustment or advantage of any nature as well as the implantation of the values listed in Annex IX ; and

II-to the servers that it treats the inciso II of the art. 34 and to the members of the supplementary framework referred to in § 5the of the art. 52, as a nominally identified personal advantage, of a provisional nature, which will be gradually absorbed on the occasion of development in office by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts or remunerations provided for in this Provisional measure, of the granting of readjustment or advantage of any nature as well as of the implantation of the values listed in Annex X.

§ 2o The supplementary installment of subsidy and the nominally identified personal advantage referred to in the incisos I and II of § 1the will be subject exclusively to the update arising from the general review of the remuneration of federal public servants.

Art. 54 Applies to retirements granted to the integral servers of the Plan of Careers and Cargos of SUSEP, of which it treats art. 34 and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of 2004, in what couber, the provisions in this Provisional Measure in relation to the servers that are in activity.

Art. 55 It gets instituted, from 1the of July 2008, the Gratification of SUSEP-GDASUSEP Specific Activity Performance, due exclusively to the intermediate level servers of the SUSEP Personnel Framework, of which it treats the inciso II of the art. 34 and to the holders of additional board positions referred to in § 5the of the art. 52, when in exercise of activities at SUSEP.

Art. 56 A GDASUSEP will be assigned in function of the range of individual performance goals of the server and institutional performance of SUSEP.

§ 1o The individual performance evaluation aims to assess server performance in the exercise of the roles of office or function, with a focus on individual contribution to the scope of organizational objectives.

§ 2o Institutional performance evaluation aims to assess the collective performance in the reach of organizational objectives.

§ 3o GDASUSEP will be paid with observance of the following limits:

I-maximum, one hundred points per server ; and

II-minimum, thirty points per server, corresponding each point to the value set in the Attachment XII.

§ 4o Considering the provisions of § § 1o and 2o, the score regarding to GDASUSEP will have the following distribution:

I-up to twenty percentage points of its maximum limit will be assigned in function of the results obtained in the evaluation of individual performance ; and

II-up to eighty percentage points of its maximum limit will be assigned in function of the results obtained in the evaluation of institutional performance.

§ 5o The values to be paid for GDASUSEP will be calculated by multiplying the sum of the points earned in the individual and institutional performance assessments by the value of the point constant in Annex XII, observed the class and the pattern on which the server is positioned.

§ 6the Ato of the Executive Power will have on the general criteria to be observed for the realization of the individual and institutional performance evaluations of GDASUSEP.

§ 7o The specific criteria and procedures for individual performance evaluation and institutional and attribution of GDASUSEP will be established in act of the President of SUSEP, observed the legislation in force.

§ 8o The targets for institutional performance evaluation will be fixed annually in the act of the Minister of State of the Farm, observed the current legislation.

Art. 57 Until the act referred to in § 6the of the art is instituted. 56 and processed the results of the first individual and institutional evaluation, all servers that do jus to GDASUSEP should realize it in value corresponding to the last percent received in the title of Performance Gratification of Private Insurance Audit activity-GDSUSEP, converted to points that will be multiplied by the constant value of Annex XII, as laid out in § 5the of the art. 56.

§ 1o The result of the first assessment generates financial effects as of the date of publication of the act to which if § 6the of the art. 56, and any differences paid to greater or minor should be offset.

§ 2o The provisions in the caput and § 1the applies to the occupiers of office commissioned that do jus to GDASUSEP.

Art. 58 A GDASUSEP will not serve as a basis of calculation for any other benefits or advantages.

Art. 59 The effective post holder of which treats the inciso II of the art. 34 and the top-level title holder of the supplementary table referred to in § 5the of the art. 52, in exercise at SUSEP, when invested in office on commission or trust function will do jus to GDASUSEP as follows:

I-the invested in confidence function or positions in the Committee of the Group-Direction and Advising Superior-DAS, levels 3, 2, 1, or equivalent, will perceive the respective performance gratification calculated as laid out in § 5the of the art. 56 ; and

II-the invested in positions in Group commission-Direction and Superior aides-DAS, levels 6, 5, 4, or equivalent, will perceive the respective performance gratification calculated on the basis of the maximum value of the individual instalment, added to the result of the institutional assessment of the period.

Art. 60 The effective post holder of which treats the inciso II of the art. 34 and the top-level title holder of the supplementary table referred to in § 5the of the art. 52, when you do not find yourself in exercise at SUSEP, you will only do jus to GDASUSEP in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the Ministry of Finance or for entities linked to it, situation in which will perceive the respective performance gratification calculated on the basis of the applicable rules as if it were in effective exercise at SUSEP ;

III-cessations for the post of Special Nature post or positions in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

IV-exercise of post by director or chairman of public company or mixed economy company federal ; and

V-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or maximum governing body leader of the public administration of those federated ones.

§ 1o In the situations referred to in the incisos I and II, the server will perceive GDASUSEP calculated on the basis of the applicable rules as if it were in effective exercise at SUSEP.

§ 2o In the situations referred to in the inciso III, IV, and V, the server will perceive GDASUSEP calculated on the basis of the result of the institutional evaluation of the period.

§ 3o The institutional assessment referred to in this article will be that of SUSEP.

Art. 61 The active server recipient of GDASUSEP that obtains in the performance evaluation individual score lower than fifty per cent of the maximum value of this plot will be immediately submitted to the process of empowering or analyzing the functional suitability, as the case may be, under SUSEP liability.

Single Paragraph. The functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that can provide for the improvement of server performance.

Art. 62 ORunning exoneration of office in commission, with maintenance of the effective post, the server that it does jus to GDASUSEP will continue to perceiver it in value corresponding to that of the last score assigned to it, in the condition of occupant of office in commission, until it is processed its first evaluation after exoneration.

Art. 63 In case of apartments and licenses deemed to be effective exercise, without loss of remuneration and entitled to performance gratification perception, the server will continue to perceiver GDASUSEP in value corresponding to that of the last score obtained, until it is processed its first evaluation after the return.

§ 1o The willing in the caput does not apply to the cases of assignment.

§ 2o Until it is processed its first performance evaluation that comes to emerge financial effect, the server that has returned from unpaid leave or assignment or another unentitled removal to the perception of GDASUSEP, in the course of the evaluation cycle, will receive the gratification in the corresponding value at eighty points.

Art. 64 For the purposes of incorporation of GDASUSEP to the pension order or pensions, the following criteria will be adopted:

I-for pensions awarded and pensions instituted until February 19, 2004, the gratification will be corresponding to fifty per cent of the maximum value of the respective level, class and standard ; and

II-for pensions awarded and pensions instituted after February 19, 2004:

a) when to the server that gave rise to retirement or pension if you apply for the willing in the arts. 3o and 6o of Constitutional Amendment no 41, from 2003, and on art. 3o of Constitutional Amendment no 47, of July 5, 2005, will apply the constant percent of inciso I ; and

b) to the other cases shall apply, for the purposes of calculating pensions and pensions, the provisions of the Lei no 10,887, of 2004.

Art. 65 To holders of the member posts of SUSEP Technical Analyst Carrier applies the exclusive dedication scheme, with hindrance from the exercise of another paid, public or private activity, ressaved the exercise of the magister, with schedules compatibility.

Single Paragraph. In the exclusive dedication regime will allow for sporadic collaboration in matters of its specialty, duly authorized by the President of SUSEP, for each specific situation, observed the terms of the regulation, and participation in administrative and fiscal boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

Art. 66 SUSEP Technical Analyst Carrier members will only be able to be ceded or have exercise outside the respective lotation organ in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ;

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or of maximum leader of public administration of those federated ones ; and

V-cession for the exercise of positions in commission in the following organs of the Ministry of Finance:

a) Cabinet of the Minister of State ; and

b) General Secretariat.

Section VII

From the Carreiras Plan and Cars of the Securities Commission-CVM

Art. 67 It is structured the Carrier Plan and Cars of the Securities Commission- CVM, covering the holders of effective prosecution of the CVM Personnel Framework, of which it treats art. 3o of Law no 6,385, of December 7, 1976, and Law no 9,015 of March 30, 1995, composed of the following careers and posts:

I-of higher level:

a) CVM Analyst Carrier, composed of the positions of CVM Analyst ; and

b) CVM Inspector Carrier, made up of the CVM Inspector's posts ;

II-of intermediate level, Executive Officer positions of the CVM and General Services Helper of the CVM Personnel Framework.

Single Paragraph. The posts to which the incisors I and II refer are of effective and governed by Law no 8,112, 1990.

Art. 68 The top and intermediate level posts of the CVM Carreiras Plan and Cars are grouped into classes and standards, as set out in Annex XIII.

§ 1o The current busy posts whose holders have observed the provisions of the § 3the of the art. 87, as well as the vacant posts and the rest as they wander, from Analist of the CVM and the CVM Inspector pass on to the careers of which they treat, respectively, the letters "to" and "b" of the inciso I of the art. 64.

§ 2o The provisions of § 1o does not represent, for any legal effect, inclusive for retirement effect, discontinuity in relation to the office and the assignments developed by its holders.

§ 3o General Services Helper posts vacant on August 29, 2008 and those come to vagar are transformed into Executive Officer posts.

Art. 69 The careers and positions of the CVM Carreiras Plan and Cars are intended for the exercise of their respective assignments at different levels of complexity and responsibility, as well as the exercise of activities of a technical, administrative and managerial nature concerning the regulation, supervision and surveillance of the markets of securities.

Art. 70 It is forty hours weekly the working hours of job of the holders of the posts members of the CVM Carreiras Plan and Cargos, ressaved the amstops hypotheses in specific legislation.

Art. 71 Rests with the holders of the members of the Analist and Inspector Carreiras of the CVM:

I-CVM Analyst-Cargo: development of activities linked to control, normatization, event registration and improvement of the securities market, elaboration of accounting and auditing standards ; drafting of accounting and auditing standards and monitoring of independent auditors ; development and audit of electronic data processing and rationalization systems of methods, procedures and information processing ; planning and control in the areas of administration, human resources, budget, finance and auditing ; and the exercise of assignments provided for in specific laws and regulations, in particular the provisions of art. 1o of Law no 9,015, of 1995 ; and

II-Cargo of Inspector of the CVM: surveillance of the current entities in the securities market, identifying and identifying irregularities ; guiding institutions in the adoption of appropriate controls and procedures ; collecting elements for the evaluation of the economic-financial situation of the audited entities ; instruct inquiries instituted by the CVM in the exercise of their competences, and the exercise of the assignments provided for in specific laws and regulations, in particular the provisions of art. 1o of Law no 9,015, from 1995.

Art. 72 Without prejudice to the current assignments, it is general assignment of the job of Executive Agent of the CVM to offer specialized support to activities arising from the assignments defined in art. 71.

Art. 73 These are requirements for admission to the initial class of the posts of which they treat the points "a" and "b" of the inciso I and the inciso II of the art. 67:

I-approval in public tender of evidence or evidence and securities ;

II-diploma in completion of higher education at undergraduate level, in courses recognized by the Ministry of Education and, if applicable, specific legal habilitation, as defined in the contest's edition, for senior level posts ; and

III-certificate of completion of high school or equivalent and specific legal habilitation, if it is the case, provided by officially authorized education institution, as defined in the contest's edition, for the intermediate level posts.

Art. 74 The public contest referred to in the inciso I of the art. 73 can be arranged in one or more stages, including training course when judged relevant, as per the opening edition of the certain and observed relevant legislation.

Single Paragraph. The public tender referred to the caput may be held by areas of specialization regarding the candidate training area, as per the opening edition of the certame.

Art. 75 The development of the server in the careers and posts that integrate the Plan of Cargoes and CVM Cars will occur upon functional progression and promotion.

§ 1o For the purposes of the willing on the caput, progression is the pass-through of the server to the immediately superior due standard within a same class, and promotion, the server pass from the last standard of a class to the first class standard immediately superior.

§ 2the Ato of the Executive Power will regulate the criteria for granting progression functional and promotion that it treats the caput.

Art. 76 The development of the server in the careers and posts that integrate the Plan of Careers and CVM Cars will obey the following rules:

I-minimum interstice of twelve months between each progression ;

II-habilitation in individual performance evaluation corresponding to, at minimum, seventy per one of the maximum limit of the score of the evaluations carried out at the intersttation considered for progression ; and

III-competence and professional qualification.

§ 1o The interstination for functional progression purposes will be:

I-computed in days, discounted the apartments that are not legally considered to be effective exercise ; and

II-suspended in cases where the server moves away without remuneration, being retaken the comic to from return to activity.

§ 2o As long as they are not regulated, the progressions and promotions of the holders of members of the CVM Carreiras Plan and Cars, the functional progressions and promotions of which it treats art. 75 per cent will be granted by observing the standards in force on August 28, 2008.

§ 3o On the countdown of the interstential required for promotion and progression, it will be harnessed time computed until August 28, 2008.

Art. 77 Are minimum prerequisites for promotion to classes of senior level posts of the Career plan and CVM Cars:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and sixty hours, and professional qualification with minimum five-year experience, both in the specific field of acting of the post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred and forty hours, and professional qualification with minimum experience of eight years, both in the specific field of office acting ; and

III-for the Special Class, be certificate holder of completion of specialization course or of specific training equivalent to, at the very least, three hundred and sixty hours, and professional qualification with minimum experience of eleven years, both in the specific field of acting of the post.

Art. 78 Are minimum prerequisites for promotion to intermediate level job classes of the Executive Agent of the CVM that it treats the inciso II of the art. 67:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and twenty hours, or diploma in completion of superior course and professional qualification with minimum five-year experience, both in the specific field of acting of each post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred hours, or diploma in completion of superior course and professional qualification with minimum eight-year experience, both in the specific field of acting of each post ; and

III-for the Special Class, possessing certification in empowerment events, totaling, in minimum, two hundred and eighty hours, or diploma in completion of superior course and professional qualification with minimum experience of eleven years, both in the specific field of acting of each post.

Art. 79 Are minimum prerequisites for promotion to classes of intermediate level posts of General Services Helper of the CVM, of which it treats the inciso II of the art. 67:

I-for Class B, possess certification in capacity-building events, totaling, at the very least, forty hours, or diploma in completion of superior course and professional qualification with minimum seven-year experience, both in the specific field of acting of each post ;

II-for Class C, possess certification in empowerment events, totaling, at a minimum, eighty hours, or diploma in completion of superior course and professional qualification with minimum thirteen-year experience, both in the specific field of acting of each post ; and

III-for the Special Class, possessing certification in empowerment events, totaling, in minimum, one hundred and twenty hours, or diploma in completion of superior course and professional qualification with minimum experience of nineteen years, both in the specific field of acting of each post.

Art. 80 It is up to the CVM to implement permanent capacity-building program, training and development, aimed at ensuring the professionalization of the holders of the member positions of their Plan of Carreiras and Cargos.

Single Paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 81 The holders of the member positions of careers to which they refer to the letters "to" and "b" of the inciso I do art. 67 pass to be paid exclusively for allowance, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation, or other remunerative species.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex XIV, with financial effects from the dates specified therein.

Art. 82 They are understood in the grant and are no longer due to the holders of the posts to which they refer to the letters "to" and "b" of the inciso I of art. 67, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Securities Audit Activity Performance, of which it treats the art. 13 of the Provisional Measure no 2.229-43, of 2001 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law no 10,698, 2003.

Single Paragraph. Considering the willing on art. 81, the holders of the posts referred to therein do not do jus to the perception of the following remunerative advantages:

I-Variable Retribution of the Securities Commission, of which it treats Law no 9,015, of 1995 ; and

II-Gratification of Activity-GAE, of which it treats the Delegated Act no 13, 1992.

Art. 83 In addition to the plots and advantages of which it treats art. 82, they are not due to the holders of the posts referred to in the letters "a" and "b" of the inciso I of the art. 67, from 1o of July 2008, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ; and

XII-other gratifications and additional, of any origin and nature, that are not explicitly mentioned in art. 85.

Art. 84 The integral servers of the careers of which treat the "a" and "b" points of the inciso I do art. 67 shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, even if arising of judicial sentence transitioned on trial.

Art. 85 The allowance of the career members of which they treat the letters "a" and "b" of the inciso I do art. 67 does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, from 2003 ;

IV-retribution for the exercise of direction function, chefs and advising ; and

V-indenizatory plots provided for in law.

Art. 86 A remuneration structure of holders of intermediate level posts to which refers the inciso II of the art. 67 and higher level positions that integrate the supplementary framework of which it treats § 5the of the art. 87, starting from 1o of July 2008, will have the following composition:

I-Basic Maturity ; and

II-Gratification of CVM-Specific Activities Performance-GDECVM or Gratification of Performance of CVM Support Activities-GDASCVM, as per the case.

§ 1o The basic maturity patterns of the posts referred to in the caput are the constants of the Annex XV, with financial effects from the dates specified in it.

§ 2o The holders of the posts to which the caput refers, as per the busy office, will leave of making jus, from 1o of July 2008, to the perception of the following gratifications and advantages:

I-Gratification of Securities Audit Activity Performance-GDCVM, of which treats the art. 13 of the Provisional Measure no 2.229-43, of 2001 ;

II-Gratification of Performance of Technical-Administrative Support Activity of the Securities Commission Securities-GDACVM, of which it treats art. 8o of Law no 11,094, of January 13, 2005 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law no 10,698, 2003.

Art. 87 The holder servers of the senior and intermediate levels of the Table of Personnel of the CVM will be framed in the Charges and Cargos Plan of the CVM, in accordance with their respective assignments, the requirements for vocational training and the relative position in the Table, pursuant to Annex XVI.

§ 1o It is vetoed the change of the level of the job occupied by the server as a result of the willing in the caput.

§ 2o The positioning of retirees and pensioners in the remunerative tables, constants of the Annexes XIV and XV, will be referenced to the situation in which the server was on the date of retirement or where the pension originated, respected changes relating to positionings arising from specific legislation.

§ 3o It will be framed in the careers of which they treat the letters "a" and "b" of the inciso I of the art. 67, the posts which have holders whose investiture has observed the relevant constitutional and ordinary standards prior to October 5, 1988, and, if later than that date, have passed approval in public tender.

§ 4the At the CVM it is incumbent to verify, on a case by case basis, the regularity of the application of the provisions of the § 3o, as for the effective frameworks.

§ 5o The higher level effective posts of the CVM Personnel Framework, which were not transposed to the careers of which they treat the letters "a" and "b" of the inciso I of the art. 67, additional framework bean extinction framework.

§ 6o The supplementary framework referred to in § 5the includes in the Plan of Career and CVM Cars.

Art. 88 A Application of the provisions of this Interim Measure to active servers, the inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the provisions in this Provisional Measure, eventual difference will be paid:

I-the integral servers of the careers of which they treat the letters "to" and "b" of the inciso I of the art. 67, the title of supplementary instalment of subsidy, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or career by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts and careers or remunerations provided for in this Provisional Measure, the granting of readjustment or advantage of any nature, as well as the implantation of the values listed in Annex XIV ; and

II-to the servers that it treats the inciso II of the art. 67 and the § 5º of the art. 87, as a nominally identified personal advantage, of a provisional nature, which will be gradually absorbed on the occasion of development in office by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts or remunerations provided for in this Provisional Measure, the granting of readjustment or advantage of any nature as well as the implantation of the values listed in Annex XV.

§ 2o The supplementary installment of subsidy and the nominally identified personal advantage referred to in the incisos I and II of § 1the will be subject exclusively to the update arising from the general review of the remuneration of federal public servants.

Art. 89 Applies to retirements granted to the integral servers of the Plan of Careers and Cargos of the CVM, of which they treat art. 67 and § 5o of art. 87 and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of 2004, in what couber, the provisions in this Provisional Measure in relation to the servers that are in activity.

Art. 90 Stay instituted the following gratifications, to be perceived by the servers that to them do jus when in exercise of activities in the CVM:

I-CVM-Specific Activities Performance Gratification-GDECVM, due exclusively to the intermediate level servers holders of the Executive Officer positions of which treats the inciso II of the art. 67 and the top-level servers of which treats § 5the of the art. 87, from the CVM Personnel Framework, when in exercise of activities in the units of the CVM ; and

II-Performance Gratification of CVM Support Activities-GDASCVM, due exclusively to the intermediate level servers holders of the General Services Helper posts that treats the inciso II of the art. 67.

Art. 91 A GDECVM and GDASCVM will be assigned depending on the range of performance goals individual of the server and institutional performance of the CVM.

§ 1o The individual performance evaluation aims to assess server performance in the exercise of the roles of office or function, with a focus on individual contribution to the scope of organizational objectives.

§ 2o Institutional performance evaluation aims to assess the collective performance in the reach of organizational objectives.

§ 3o The GDECVM and GDASCVM will be paid with observance of the following limits:

I-maximum, one hundred points per server ; and

II-minimum, thirty points per server, corresponding each point to the value set in the Attachment XVII.

§ 4o Considering the provisions of § § 1o and 2o, the score regarding to GDECVM and GDASCVM will have the following distribution:

I-up to twenty points of its maximum limit shall be allocated depending on the results obtained in the individual performance evaluation ; and

II-up to eighty points of its maximum limit will be allocated depending on the results obtained in the evaluation of institutional performance.

§ 5o The values to be paid for GDECVM or GDASCVM title will be calculated multiplying the sum of the points earned in the individual and institutional performance assessments by the value of the point constant of Annex XVII, observed the class and the pattern in which the server is positioned.

§ 6o The general criteria and procedures for individual performance evaluation and institutional and attribution of GDECVM and GDASCVM will be established in act of the Executive Power, observed legislation in force.

§ 7o The specific criteria and procedures for individual performance evaluation and institutional and attribution of GDECVM and GDASCVM will be established in act of the Chair of the CVM, observed legislation in force.

§ 8o The targets for institutional performance evaluation will be fixed annually in the act of the MInistro of State of the Farm, observed the legislation in force.

Art. 92 Until the act referred to in § 6the of the art is instituted. 91 and processed the results of the first individual and institutional evaluation, all servers that do jus to the GDECVM or GDASCVM should realize it in value corresponding to the last percent received in the title of Performance Gratification of Securities Audit activity-GDCVM or Technical-Administrative Support Activity Gratification of the Securities Commission-GDACVM, converted into points that will be multiplied by the constant value of the Attachment XVII, as willing in the inciso 5the of the art. 91.

§ 1o The result of the first assessment generates financial effects as of the date of publication of the act referred to in § 6the of art. 91, and any differences paid to greater or minor should be offset.

§ 2o The provisions in the caput and § 1the applies to the occupiers of office commissioned that do jus to GDECVM or GDASCVM.

Art. 93 A GDECVM and GDASCVM will not serve as the basis of calculation for any other benefits or advantages.

Art. 94 The effective post holder of which treats the inciso II of the art. 67 and § 5o of art. 87, in exercise in the units of the CVM, when invested in office in commission or trust function will do jus to the GDECVM or GDASCVM as follows:

I-the invested in confidence function or positions in the Committee of the Group-Direction and Advising Superior-DAS, levels 3, 2, 1, or equivalent, will perceive the respective performance gratification calculated as laid out in § 5the of the art. 91 ; and

II-the invested in positions in Group commission-Direction and Superior aides-DAS, levels 6, 5, 4, or equivalent, will perceive the respective performance gratification calculated on the basis of the maximum value of the individual instalment, added to the result of the institutional assessment of the period.

Art. 95 The effective post holder of which treats the inciso II of the art. 67 and § 5o of art. 87, when you do not find yourself in exercise in the units of the CVM, you will only do jus to GDECVM or GDASCVM in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the Ministry of Finance or for entities linked to it, situation in which will perceive the respective performance gratification calculated on the basis of the applicable rules as if it were in effective exercise in the CVM ;

III-cessations for the post of Special Nature post or positions in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

IV-exercise of post by director or chairman of public company or mixed economy company federal ; and

V-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or maximum governing body leader of the public administration of those federated ones.

§ 1o In the situations referred to in the incisos I and II, the server will perceive the GDECVM or GDASCVM calculated on the basis of applicable rules as if it was in effective exercise in CVM.

§ 2o In the situations referred to in the inciso III, IV and V, the server will perceive the GDECVM or GDASCVM calculated based on the outcome of the institutional evaluation of the period.

§ 3o The institutional assessment referred to in this article will be that of the CVM.

Art. 96 The active server recipient of GDECVM or GDASCVM that obtains in the evaluation of individual performance scoring less than fifty per cent of the maximum value of this plot will immediately undergo the process of empowering or analyzing the functional suitability, as the case may be, under the responsibility of the CVM.

Single Paragraph. The functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that can provide for the improvement of server performance.

Art. 97 ORunning exoneration of office in commission, with maintenance of the effective post, the server that does jus to GDECVM or GDASCVM will continue to perceiver it in value corresponding to that of the last score assigned to it, in the condition of commissioned post-occupier, until it is processed its first assessment after exoneration.

Art. 98 In case of apartments and licenses deemed to be effective exercise, without loss of remuneration and entitled to performance gratification perception, the server will continue to perceiver GDECVM or GDASCVM in value corresponding to the last score obtained, until it is processed its first assessment after the return.

§ 1o The willing in the caput does not apply to the cases of assignment.

§ 2o Until it is processed its first performance evaluation that comes to emerge financial effect, the server that has returned from unpaid leave or assignment or other removal without a right to the perception of GDECVM or GDASCVM, in the course of the evaluation cycle, will receive the gratification in the corresponding value to eighty points.

Art. 99 For the purposes of incorporation of GDECVM or GDASCVM to the pension order or the pensions, the following criteria will be adopted:

I-for pensions awarded and pensions instituted until February 19, 2004, the gratification will be corresponding to fifty per cent of the maximum value of the respective level, class and standard ; and

II-for pensions awarded and pensions instituted after February 19, 2004:

a) when to the server that gave rise to retirement or pension if you apply for the willing in the arts. 3o and 6o of Constitutional Amendment no 41, from 2003, and on art. 3o of Constitutional Amendment no 47, of 2005, will apply the constant percent in the inciso I ; and

b) to the other cases shall apply, for the purposes of calculating pensions and pensions, the provisions of the Lei no 10,887, of 2004.

Art. 100 To holders of the members of the CVM and Inspector Analist Carreiras of the CVM applies the exclusive dedication scheme, with the hindrance of the exercise of another paid, public or private activity, ressaved the exercise of the magister, with timetables compatibility.

Single Paragraph. In the exclusive dedication scheme will allow for sporadic collaboration in matters of its specialty, duly authorized by the Chairman of the CVM, for each specific situation, observed the terms of the regulation, and participation in advice of the administration and fiscal of public enterprises and mixed-economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

Art. 101 The members of the CVM Analyst and CVM Inspector Carreiras will only be able to be ceded or have exercise outside the respective lotion organ in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ;

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or of maximum leader of public administration of those federated ones ; and

V-cession for the exercise of positions in committee at the Cabinet of the Minister of State and the Secretarial Office of the Ministry of Finance.

Section VIII

From the Carrier Plan and Cars of the Applied Economic Research Institute-IPEA

Art. 102 It is structured the Carrier Plan and Cars of the Research Institute Foundation Applied Economics-IPEA, composed of the following career and posts:

I-IPEA Planning and Research Career, composed of the Planning Technical post and Research, of higher level, with assignments aimed at governmental management activities, in the aspects regarding planning, the realization of economic and social research, and the assessment of government actions to subsidize the formulation of public policies ; and

II-too much higher level positions and the intermediate level positions of the Table of Personal of the IPEA.

Single Paragraph. The posts to which the caput is referred are of effective and governed by Law no 8,112, 1990.

Art. 103 Upper and intermediate levels of the IPEA Carrier Plan and Cars are grouped into classes and standards, as set out in Annex XVIII.

§ 1o The current busy posts whose holders have observed the provisions of the § 3the of the art. 120, as well as the vacant posts and the rest as they wander, from Planning and Research Technician go on to integrate the career that treats the inciso I of the art. 102.

§ 2o The provisions of § 1o does not represent, for any legal effect, inclusive for retirement effect, discontinuity in relation to the office and the assignments developed by its holders.

Art. 104 It is forty hours weekly the working hours of job of the holders of the posts Members of the IPEA Carrier Plan and Cars, ressaved the amstops hypotheses in specific legislation.

Art. 105 Are requirements for admission to the initial class of the Charter Plan posts and Posts of the IPEA:

I-approval in public tender of evidence or evidence and securities ;

II-diploma in completion of higher education at undergraduate level, in courses recognized by the Ministry of Education and, if applicable, specific legal habilitation, as defined in the contest's edition, for senior level posts ; and

III-certificate of completion of high school or equivalent and specific legal habilitation, when is the case, provided by officially authorized educational institution, as defined in the contest's edition, for the intermediate level posts.

Art. 106 The public contest referred to in the inciso I of the art. 105 can be arranged in one or more stages, including training course when judged relevant, as per the opening edition of the certain and observed relevant legislation.

Single Paragraph. The public tender referred to the caput may be held by areas of specialization regarding the candidate training area, as per the opening edition of the certame.

Art. 107 The development of the career server and positions that integrate the Carrier Plan and IPEA Cars will occur upon functional progression and promotion.

§ 1o For the purposes of the willing on the caput, progression is the pass-through of the server to the immediately superior due standard within a same class, and promotion, the server pass from the last standard of a class to the first class standard immediately superior.

§ 2the Ato of the Executive Power will regulate the criteria for granting progression functional and promotion that it treats the caput.

Art. 108 The development of the career server and the positions that integrate the Plan of IPEA career and Cars will obey the following rules:

I-minimum interstice of twelve months between each progression ;

II-habilitation in individual performance evaluation corresponding to, at minimum, seventy per one of the maximum limit of the score of the evaluations carried out at the intersttation considered for progression ; and

III-competence and professional qualification.

§ 1o The interstination for functional progression purposes will be:

I-computed in days, discounted the apartments that are not legally considered to be effective exercise ; and

II-suspended in cases where the server moves away without remuneration, being retaken the comic to from return to activity.

§ 2o As long as they are not regulated, the progressions and promotions of the holders of member positions of the IPEA Carrier Plan and Cars, the functional progressions and promotions of which it treats art. 107 per cent will be granted by observing the standards in force on August 28, 2008.

§ 3o On the countdown of the interstential required for promotion and progression, it will be harnessed time computed until August 28, 2008.

Art. 109 Are minimum prerequisites for promotion to the upper level post classes of Planning and Research Technician referred to in the inciso I of art 102:

I-for Class B, possess certification in capacity-building events, totaling, at the very least, three hundred and sixty hours, and professional qualification with minimum experience of five years, both in the specific field of office acting ;

II-for Class C, have the degree of Master and professional qualification with minimum experience of eight years, both in the specific field of office acting or possessing the professional qualification with minimum experience of eleven years in the specific field of office acting ; and

III-for the Special Class, have the title of Doctor and professional qualification with experience minimum of eleven years, both in the specific field of office acting or professional qualification with minimal experience of fourteen years in the specific field of office acting.

Art. 110 Are minimum prerequisites for promotion to classes of the other level posts top of the IPEA Personnel Framework, referred to in the inciso II of the art. 102:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and sixty hours, and professional qualification with minimum five-year experience, both in the specific field of acting of the post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred and forty hours, and professional qualification with minimum experience of eight years, both in the specific field of office acting ; and

III-for the Special Class, be certificate holder of completion of specialization course or of specific training equivalent to, at the very least, three hundred and sixty hours, and professional qualification with minimum experience of eleven years, both in the specific field of acting of the post.

Art. 111 Are minimum prerequisites for promotion to the classes of level posts IPEA Personal Framework Technical Helper:

I-for Class B, possess certification in capacity-building events, totaling, at a minimum, one hundred and twenty hours, or diploma in completion of superior course and professional qualification with minimum five-year experience, both in the specific field of acting of each post ;

II-for Class C, possess certification in capacity-building events, totaling, at the very least, two hundred hours, or diploma in completion of superior course and professional qualification with minimum eight-year experience, both in the specific field of acting of each post ; and

III-for the Special Class, possessing certification in empowerment events, totaling, in minimum, two hundred and eighty hours, or diploma in completion of superior course and professional qualification with minimum experience of eleven years, both in the specific field of acting of each post.

Art. 112 Are minimum prerequisites for promotion to classes of the other level posts intermediary of the IPEA Personnel Framework:

I-for Class B, possess certification in capacity-building events, totaling, at the very least, forty hours, or diploma of completion of superior course and professional qualification with minimum experience of five years, both in the specific field of acting of each post ;

II-for Class C, possess certification in empowerment events, totaling, at a minimum, eighty hours, or diploma of completion of superior course and professional qualification with minimum eight-year experience, both in the specific field of acting of each office ; and

III-for the Special Class, possessing certification in empowerment events, totaling, in minimum, one hundred and twenty hours, or diploma in completion of superior course and professional qualification with minimum experience of eleven years, both in the specific field of acting of each post.

Art. 113 It is up to the IPEA to implement permanent capacity-building program, training and development, aimed at ensuring the professionalisation of the holders of the member positions of their Carrier Plan and Cargos.

Single Paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 114 The holders of the career career positions referred to in the inciso I of the art. 102 pass to be paid exclusively for allowance, fixed in single instalment, vetoed the addition of any gratuity, additional allowance, allowance, representation, or other remunerative species.

Single Paragraph. The values of the allowance of the holders of the posts referred to in the caput shall be those set out in Annex XIX, with financial effects from the dates specified therein.

Art. 115 They are understood in the grant and are no longer due to the holders of the posts to which refers to the inciso I of art. 102, from 1o of July 2008, the following remunerative species:

I-Basic Maturity ;

II-Gratification of Management Performance of the Management Cycle-GCG, of which it treats art. 8the of the Provisional Measure no 2.229-43, of 2001 ; and

III-Individual Pecuniary Advantage-VPI, of which it treats Law no 10,698, 2003.

Single Paragraph. Considering the willing on art. 114, the holders of the posts referred to therein do not do jus to the perception of the following remunerative advantages:

I-Gratification of Performance and Productivity-GDP, of which it treats art. 1o of Law no 9,625, of 1998 ; and

II-Gratification of Activity-GAE, of which it treats the Delegated Act no 13, 1992.

Art. 116 In addition to the plots and advantages of which it treats art. 115, they are not due to the holders of the posts referred to in the inciso I of the art. 102, from 1o of July 2008, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ; and

XII-other gratifications and additional, of any origin and nature, that are not explicitly mentioned in art. 118.

Art. 117 The career integral servers that treat the inciso I do art. 102 shall not be able to cumulatively perceive the subsidy any values or advantages incorporated in remuneration by administrative decision, judicial or administrative extension of a judicial decision, of a general or individual nature, yet arising from judicial sentence transitioned on trial.

Art. 118 The career integral allowance of which treats the inciso I of the art. 102 does not exclude the right to perception, under the specific legislation and regulations, of:

I-natalina gratification ;

II-additional vacation ;

III-permanence allowance of which they treat § 19 of the art. 40 of the Constitution, the § 5o of the art. 2o and § 1o of art. 3o of Constitutional Amendment no 41, from 2003 ;

IV-retribution for the exercise of direction function, chefs and advising ; and

V-indenizatory plots provided for in law.

Art. 119 A remuneration structure of the holders of senior positions and intermediate to which refers to the inciso II of the art. 102 and the senior level positions of the supplementary framework referred to in § 5the of the art. 120, starting from 1o of July 2008, will have the following composition:

I-Basic Maturity ; and

II-Specific Activities Performance Gratification of the IPEA-GDAIPEA.

§ 1o The basic maturity patterns of the posts referred to in the caput are the constants of the Annex XX, with financial effects from the dates specified in it.

§ 2o The holders of the posts to which the caput refers will not do jus, starting from 1o July 2008, to the perception of the following gratifications and advantages:

I-Management Performance Performance of the Management Cycle-GCG, of which it treats art. 8the of the Provisional Measure no 2.229-43, of 2001 ; and

II-Individual Financial Advantage-VPI, of which it treats Law no 10,698, 2003.

Art. 120 The holder servers of the senior and intermediate levels of the Table of Personnel of the IPEA will be framed in the positions of the IPEA Carrier Plan and Cars, in accordance with their respective assignments, the professional training requirements and the relative position in the Table pursuant to Annex XXI.

§ 1o It is vetoed the change of the level of the job occupied by the server as a result of the willing in the caput.

§ 2o The positioning of retirees and pensioners in the remunerative tables, constants of Annex XIX and XX, will be referenced to the situation in which the server was on the date of retirement or where the pension originated, respected changes relating to positionings arising from specific legislation.

§ 3o It will be framed in the career that it treats the inciso I do art. 102 the positions of Planning and Research Technician who have holders whose investiture has observed the relevant constitutional and ordinary standards prior to October 5, 1988, and, if later than that date, have elapsed of approval in public contest.

§ 4o The IPEA is to check, on a case by case basis, the regularity of the application of the provisions of the § 3o, as for the effective framing.

§ 5o The top level effective posts of the IPEA Personnel Framework, which were not transposal to the career of which treats the inciso I of art. 102, additional framework bean extinction framework.

§ 6o The supplementary framework referred to in § 5the includes in the Plan of Careers and Cargos of the IPEA.

Art. 121 A Application of the provisions of this Interim Measure to active servers, the inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the provisions in this Provisional Measure, eventual difference will be paid:

I-to the career integral servers that it treats the inciso I do art. 102, the title of supplementary instalment of subsidy, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or career by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts and career or remuneration provided for in this Provisional Measure, the provision of readjustment or advantage of any nature as well as the implantation of the values listed in Annex XIX ; and

II-to the servers that it treats the inciso II of the art. 102, as a nominally identified personal advantage, of a provisional nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts or remunerations provided for in this Provisional measure, the granting of readjustment or advantage of any nature as well as the implantation of the values listed in Annex XX.

§ 2o The supplementary installment of subsidy and the nominally identified personal advantage referred to in the incisos I and II of § 1the will be subject exclusively to the update arising from the general review of the remuneration of federal public servants.

Art. 122 Applies to retirements granted to the integral servers of the Plan of Career and Cargos of the IPEA, of which it treats art. 102 and pensions, ressaved retirements and pensions regulated by the arts. 1o and 2o of Law no 10,887, of 2004, in what couber, the provisions in this Provisional Measure in relation to the integral servers of the IPEA Carrier Plan and Cars that are in activity.

Art. 123 It is instituted the IPEA-Specific Activities Performance Gratification- GDAIPEA, due exclusively to holders of senior and intermediate levels of the IPEA Carrier Plan and Cargoes, of which it treats the inciso II of the art. 102 and § 5o of art. 120, when in exercise of activities at the IPEA.

Art. 124 A GDAIPEA will be assigned in function of the range of individual performance goals of the server and institutional performance of the IPEA.

§ 1o The individual performance evaluation aims to assess server performance in the exercise of the roles of office or function, with a focus on individual contribution to the scope of organizational objectives.

§ 2o Institutional performance evaluation aims to assess the collective performance in the reach of organizational objectives.

§ 3o GDAIPEA will be paid with observance of the following limits:

I-maximum, one hundred points per server ; and

II-minimum, thirty points per server, corresponding each point to the value set in the Attachment XXII.

§ 4o Considering the provisions of § § 1o and 2o, the score regarding to GDAIPEA will have the following distribution:

I-up to twenty points of its maximum limit shall be allocated depending on the results obtained in the individual performance evaluation ; and

II-up to eighty points of its maximum limit will be allocated depending on the results obtained in the evaluation of institutional performance.

§ 5o The values to be paid for GDAIPEA will be calculated by multiplying the sum of the points earned in the individual and institutional performance assessments by the value of the constant point of Annex XXII, observed the class and the pattern on which the server is positioned.

§ 6o The general criteria and procedures for individual performance evaluation and institutional GDAIPEA will be established in act of the Executive Power, observed the legislation in force.

§ 7o The specific criteria and procedures for individual performance evaluation and institutional GDAIPEA will be established in act Chairman of the IPEA, observed legislation in force.

§ 8o The targets for institutional performance evaluation will be fixed annually in the act of the Chief Minister of the Chief Minister of Strategic Affairs of the Presidency of the Republic, observed the current legislation.

Art. 125 Until the act referred to in § 6the of the art is instituted. 124 and processed the results of the first individual and institutional evaluation, all servers that do jus to GDAIPEA should realize it in value corresponding to the last percent received in the title of Performance Gratification of Activity of the Management Cycle-GCG, converted into points that will be multiplied by the constant value Annex XXII, as laid out in § 5the of the art. 124.

§ 1o The result of the first assessment generates financial effects as of the date of publication of the act referred to in § 6the of art. 124, and any differences paid to greater or minor should be offset.

§ 2o The provisions in the caput and § 1the applies to the occupiers of office commissioned that do jus to GDAIPEA.

Art. 126 A GDAIPEA will not serve as a basis for calculation for any other benefits or advantages.

Art. 127 The effective post holder of which treats the inciso II of the art. 102 and § 5o of art. 120, in exercise at the IPEA, when invested in post in commission or trust function will do jus to GDAIPEA as follows:

I-the invested in confidence function or positions in the Committee of the Group-Direction and Advising Superior-DAS, levels 3, 2, 1, or equivalent, will perceive the respective performance gratification calculated as laid out in § 5the of the art. 124 ; and

II-the invested in positions in Group commission-Direction and Superior aides-DAS, levels 6, 5, 4, or equivalent, will perceive the respective performance gratification calculated on the basis of the maximum value of the individual instalment, added to the result of the institutional assessment of the period.

Art. 128 The effective post holder of which treats the inciso II of the art. 102 and § 5o of art. 120, when you do not find yourself in exercise at the IPEA, you will only do jus to GDAIPEA in the situations defined in art. 1o of Law no 9,625, of April 7, 1998, and, still, in the following:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ; and

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or maximum governing body leader of the public administration of those federated ones.

§ 1o In the situation referred to in inciso I, the server will perceive the calculated GDAIPEA with basis in the applicable rules as if you were in effective exercise at the IPEA.

§ 2o In the situations referred to in the inciso II, III and IV, the server will perceive the GDAIPEA calculated on the basis of the result of the institutional evaluation of the period.

§ 3o The institutional assessment referred to in this article will be that of the IPEA.

Art. 129 The active server recipient of GDAIPEA that obtains in the performance evaluation individual score lower than fifty per cent of the maximum value of this plot will be immediately submitted to the process of empowering or analyzing the functional suitability, as the case may be, under the responsibility of the IPEA.

Single Paragraph. The functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that can provide for the improvement of server performance.

Art. 130 ORunning exoneration of office in commission, with maintenance of the effective post, the server that does jus to GDAIPEA will continue to perceiver it in value corresponding to that of the last assigned score, until it is processed its first assessment after exoneration.

Art. 131 In case of apartments and licenses deemed to be effective exercise, without loss of remuneration and entitled to performance gratification perception, the server will continue to perceiver GDAIPEA in value corresponding to that of the last score obtained, until it is processed its first evaluation after the return.

§ 1o The willing in the caput does not apply to the cases of assignment.

§ 2o Until it is processed its first performance evaluation that comes to emerge financial effect, the appointed server for effective post and the one who has returned from unpaid leave or assignment or other departs without entitlement to GDAIPEA's perception in the course of the evaluation cycle will receive the gratification in value corresponding to eighty points.

Art. 132 For the purposes of incorporation of GDAIPEA to the pension order or pensions, the following criteria will be adopted:

I-for pensions awarded and pensions instituted until February 19, 2004, the gratification will be corresponding to fifty per cent of the maximum value of the respective level, class and standard ; and

II-for pensions awarded and pensions instituted after February 19, 2004:

a) when to the server that gave rise to retirement or pension if you apply for the willing in the arts. 3o and 6o of Constitutional Amendment no 41, from 2003, and on art. 3o of Constitutional Amendment no 47, of 2005, will apply the constant percent in the inciso I ; and

b) to the other cases shall apply, for the purposes of calculating pensions and pensions, the provisions of the Lei no 10,887, of 2004.

Art. 133 To holders of the member positions of the IPEA Planning and Research Carrier applies the exclusive dedication scheme, with the impediment of the exercise of another paid, public or private activity, ressaved the exercise of the magister, with time-compatibility.

Single Paragraph. In the exclusive dedication regime will allow for sporadic collaboration in matters of its specialty, duly authorized by the President of the IPEA, for each specific situation, observed the terms of the regulation, and participation in administrative and fiscal boards of public enterprises and mixed economy corporations, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, hold participation in the social capital.

Art. 134 The IPEA Planning and Research Carrier's members will only be able to be ceded or have exercise outside the respective load-taking organ in the situations defined in art. 1o of Law no 9,625, of April 7, 1998, and, still, in the following::

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ; and

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or of maximum entity leader of those federated ones.

Section IX

From P-1500 Group P-1500 Schedule Technician Cargo

Art. 135 A remuneration structure of the holders of the effective technical proofing of Schedule P-1501 of the P-1500 Group, of which it treats Law no 9,625, of April 7, 1998, will consist of:

I-Basic Maturity ; and

II-Gratification of Technical Activity Performance of Planning-GDATP.

Art. 136 A from August 29, 2008, the holders of the posts that it treats art. 135 they cease to do jus to the perception of the following advantages:

I-Management Performance Performance of the Management Cycle-GCG, of which it treats art. 8the of the Provisional Measure no 2.229-43, of 2001 ; and

II-Individual Financial Advantage-VPI, of which it treats Law no 10,698, 2003.

Art. 137 The value of the Basic Maturity of the holders of the office to which the art refers. 135 is the one set out in Annex XXIII, with financial effects from the dates specified theron.

Art. 138 It is instituted the Schedule Technical Activity Performance Gratification- GDATP, due to the titular servers of the effective proofing posts that it treats the art. 135.

Art. 139 A GDATP will be assigned depending on the scope of the individual performance goals and the reach of the institutional performance targets of the server lotation organ.

§ 1o The individual performance evaluation aims to assess server performance in the exercise of the duties of office or function, for the scope of the institutional performance goals.

§ 2o Institutional performance evaluation aims to assess the reach of goals organizational, and may consider priority projects and activities and special working conditions, plus other specific features.

Art. 140 A GDATP will be paid observed the maximum limit of one hundred points and the minimum of thirty points per server, corresponding each point to the value set out in Annex XXIV, with financial effects from the dates specified therein.

Art. 141 A scoring regarding GDATP will thus be distributed:

I-up to twenty points will be allocated depending on the results obtained in the performance evaluation individual ; and

II-up to eighty points will be allocated depending on the results obtained in the performance evaluation institutional.

Art. 142 The general criteria and procedures of individual and institutional evaluation and of concession of GDATP will be established in act of the Executive Power.

§ 1o The specific criteria and procedures of individual and institutional evaluation will be established in act of the Minister of State for Planning, Budget and Management.

§ 2o The targets for institutional performance evaluation will be fixed annually in act of the holder of the lotion organ, or of the organ to which the holder of the holder of the holder of the office referred to in the art is linked. 135.

Art. 143 The values to be paid for GDATP title will be calculated by multiplying the sum of the points earned in the individual and institutional performance evaluations by the value of the constant point of Annex XXIV, observed the class and the pattern on which the server is positioned.

Art. 144 Until the acts to which the art refers are published. 142 and processed the results of the first individual and institutional evaluation, all servers that do jus to GDATP should realize it in value corresponding to the last percent received in GCG title, converted to points that will be multiplied by the constant value of Annex XXIV, as laid out in the art. 143.

§ 1º The result of the first evaluation generates financial effects from the date of publication of the act to which the art refers. 142, and any differences paid to greater or minor should be offset.

§ 2º The provisions in the caput apply to the occupants of commissioned positions and trust functions that make jus to GDATP.

Art. 145 In case of apartments and licenses deemed to be effective exercise, without loss of remuneration and entitled to performance gratification perception, the server will continue to perceiver GDATP corresponding to the last percent obtained, until it is processed its first assessment after the return.

§ 1o The willing in the caput does not apply to the cases of assignment.

§ 2o Until it is processed its first performance evaluation that comes to emerge financial effect, the server that has returned from unpaid leave or assignment or other departs without entitlement to GDATP perception in the course of the evaluation cycle will receive the gratification in the corresponding value at eighty points.

Art. 146 The effective post holder who treats the art. 135, in exercise in the organ or entity of lotation, when invested in office in commission or trust function will do jus to GDATP as follows:

I-the invested in confidence function or positions in the Committee of the Group-Direction and Advising Superior-DAS, levels 3, 2, 1, or equivalent, will perceive the respective performance gratification calculated as willing on art. 143 ; and

II-the invested in positions in Group commission-Direction and Superior aides-DAS, levels 6, 5, 4, or equivalent, will perceive the respective performance gratification calculated on the basis of the maximum value of the individual instalment, added to the result of the institutional assessment of the period.

Art. 147 The effective post holder who treats the art. 135, when you do not find yourself in exercise in the organ or entity of lotation, in the Ministry of Planning, Budget and Management or in the organs and units of the Planning and Budget Systems, Federal Financial Administration, Accounting Federal and Internal Control of the Federal Executive Power, will only do jus to GDATP in the following situations:

I-required requisitions in law for Union bodies and entities ;

II-cessations for the post of Special Nature post or posts in equal level commission or superior Group DAS 4-Direction and Advising Superior, or equivalents, in other Union bodies, in municipalities or in federal public foundations ;

III-exercise of post by director or chairman of public company or economy society federal mixed ; and

IV-cessations for the exercise of the posts of Secretary of State, of the Federal District, of City Hall of capital or maximum governing body leader of the public administration of those federated ones.

§ 1o In the situation referred to in inciso I, the server will perceive the calculated GDATP based on in the applicable rules as if it were in effective exercise in the lotation organ.

§ 2o In the situations referred to in the inciso II, III and IV, the server will perceive the GDATP calculated on the basis of the result of the institutional evaluation of the organ or entity of lotting, in the period.

Art. 148 ORunning exoneration of office in commission, with maintenance of the effective post, the server that does jus to GDATP will continue to perceiver it in value corresponding to that of the last score assigned to it, in the position of occupier of office in commission, until it is processed its first evaluation after exoneration.

Art. 149 The active server recipient of GDATP that obtains punctuation lower than fifty per cent of the score intended for the individual performance evaluation will be immediately subjected to the process of empowering or analyzing the functional suitability, as the case may be, under the responsibility of the organ or entity of lotation.

Single Paragraph. The functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that can provide for the improvement of server performance.

Art. 150 A GDATP may not be paid cumulatively with any other gratification of performance of activity or productivity, regardless of their denomination or basis of calculation.

Art. 151 A application of the provisions on the remunerative structure of holders of the posts that it treats art. 135 to active servers, inactives and pensioners will not be able to imply reduction in remuneration, proof of income and pensions.

§ 1o In the hypothesis of reduction in remuneration, provenance or pension, as a result of the application of the provisions in this Section, eventual difference will be paid to the servers of which it treats art. 135, the title of Nominally Identified Personal Advantage-VPNI, of a provisional nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary advancement or promotion, reorganization or restructuring of the posts or remunerations provided for in this Provisional Measure, the granting of readjustment or advantage of any nature, as well as the implantation of the values set out in Annexes XXIII and XXIV.

§ 2o The VPNI that it treats § 1the will be subject exclusively to the update arising from general review of remuneration of federal public servants.

Art. 152 For the purposes of incorporation of GDATP to the pension order or pensions, the following criteria will be adopted:

I-for pensions and pensions instituted until February 19, 2004, GDATP will be, from from 1o July 2008, corresponding to fifty per cent of the maximum value of the respective level ; and

II-for retirements and pensions instituted after February 19, 2004:

a) when to the servers that gave them origin if applying the willing in the arts. 3o and 6o of Constitutional Amendment no 41, from 2003, and art. 3o of Constitutional Amendment no 47, of 2005, will apply the constant percent of inciso I ; and

b) to the rest shall apply, for the purposes of calculating pensions and pensions, the provisions of the Act no 10,887, from 2004.

Section X

From the Civil Police Officer of the Extinct Federal Territories of Acre, Amapá, Rondônia and Roraima

Art. 153 Annex VI to Law n° 11,358, 2006, passes effect in the form of Annex XXV, with financial effects from the dates specified in it.

CHAPTER II

OF THE CAREER DEVELOPMENT SYSTEM-SIDEC

Art. 154 The development in the career of the holders of the posts that integrate careers to follow if it will give for progression and promotion, by virtue of the merit of its members and of the performance in the exercise of the respective assignments:

I-Auditor-Fiscal of the Brazilian Federal Revenue Revenue and Tax Analyst of the Brazilian Federal Revenue, from the Auditor of the Federal Revenue Audit of Brazil ;

II-Auditor-Fiscal Labour of the Auditorial-Fiscal Carrier of Labour ;

III-Analyst of the Central Bank of Brazil and Technician of the Central Bank of Brazil, of the Carrier of Specialist of the Central Bank of Brazil ;

IV-Finance and Control Analyst and Financial and Control Technical, of the Carrier of Finance and Control ;

V-Analyst for Planning and Budget and Planning and Budget Technical, of the Carrier of Planning and Budget ;

VI-Exterior Trade Analyst, from the International Trade Analyst of the Exterior Analist ;

VII-Specialist in Public Policies and Government Management, of the Specialist Carrier in Public Policies and Governmental Management ;

VIII-Technical Analyst of SUSEP's SUSEP, Technical Analyst of the SUSEP ;

IX-Analyst of CVM, CVM's Analist Carrier ;

X-Inspector of CVM, CVM Inspector Carrier ; and

XI-Planning and Research Technician, of the Planning and Research Carrier.

§ 1o For the purposes of this Chapter, progression is the pass-through of the server to the standard of expiration immediately superior within a same class, and promotion, the server pass from the last standard of a class to the first standard of the immediately upper class.

§ 2o The participation, with exploitation, in programmes and courses of improvement delivered by government school will constitute mandatory requirement for promotion in the careers of which treat incisos I to XI.

Art. 155 For progression purposes, the results of the performance evaluation will be considered individual of the server.

§ 1the Executive Power Act will determine the percent taken in the performance evaluation individual:

I-from which the server can progress with twelve months of effective exercise in the standard in which find yourself ; and

II-below which the minimum interstination for progression will be at least twenty-four months of effective exercise in the standard on which you find yourself.

§ 2o The achievement of percentage situated between the limits referred to in the incisos I and II of the § 1the will cause the server to progress, provided that it fulfilled the minimum eighteen-month interstum of effective exercise in the pattern you find yourself in.

Art. 156 For promotion purposes, the Development System in the Carrier will be structured- SIDEC, based on the accumulation of points to be assigned to the server by virtue of the following factors:

I-results obtained in individual performance evaluation ;

II-frequency and exploitation in capacity-building activities ;

III-titration ;

IV-occupation of trust functions, positions in commission or assignment for team coordination or unit ;

V-time of effective exercise in office ;

VI-technical or academic production in the specific area of server exercise ;

VII-exercise in priority lotation units ; and

VIII-regular participation as an instructor in technical courses offered at the annual plan of empowering the organ.

§ 1o In addition to the factors enumerated in the incisos I to VIII, other factors could be established, in the form of the regulation, considering priority projects and activities, special working conditions and specific characteristics of careers or posts.

§ 2the Act of the Executive Power will define the weight of each of the factors, the criteria of its application and the form of calculation of the final result.

Art. 157 The Quantitative of posts per class of careers that it treats art. 154, observed the total of each career job, will obey the following limits:

I-for the careers of which treat the incisos I and II of the art. 154:

a) forty-five per cent of the total of each career job in class A ;

b) up to thirty five per cent of the total of each career job in class B ; and

c) up to twenty percent of the total of each career job in the Special Class ; and

II-for the careers of which treat the incisos III to XI of the art. 154:

a) thirty per cent of the total of each career job in class A ;

b) up to twenty-seven per cent of the total of each career job in class B ;

c) up to twenty-three per cent of the total of each career job in class C ; and

d) up to twenty percent of the total of each career job in the Special Class.

§ 1o For purposes of the calculation of the total vacancies available per class for promotion, the quantitative of posts whose holders are positioned in the class for more than ten years will be summed to the existing vacancies, observed the limit of each class as set out in the points "a", "b" and "c" of the inciso I and "a", "b", "c" and "d" of the inciso II.

§ 2o The holder of an integral office of the careers of which he treats the art. 154 that to remain for more than fifteen years positioned in a same class, provided that it has obtained, for at least two-thirds of the period of stay in class, percent in the evaluation of sufficient individual performance for progression with twelve months of effective exercise, will be automatically promoted to the subsequent class.

§ 3o The provisions of § 2o does not apply to promotion for the Special Class.

§ 4o The limits set out in the letters "a" and "c" of the inciso I and "a" and "d" of the inciso II could be increased to sixty per cent and twenty-five per cent, respectively, until August 31, 2013, aiming to allow for greater allocation of vacancies in the initial classes and gradual adjustment of the posts distribution framework by class existing on August 28, 2008.

Art. 158 While it is not published the act referred to in § 1the of the art. 133 and § 2o of art. 156, the progressions and promotions of the holders of the posts that integrate the careers referred to in art. 154 per cent will be granted by observing the standards in force on August 28, 2008.

Art. 159 The server scoring index in SIDEC can be used as a criterion of preference in:

I-removal contest ;

II-custer and release for long duration course ;

III-public selection for trust role ; and

IV-award for outstanding performance.

Single Paragraph. Act of the Executive Power will define in which cases the SIDEC point index and the form of its application will be used.

CHAPTER III

DAS TRANSITIONAL AND FINAL PROVISIONS

Art. 160 Do not cumulate the values eventually perceived by the active servers or retirees or pensioners covered by this Provisional Measure on the basis of the legislation in force on August 28, 2008 with the values arising from the application of this Provisional Measure to the salaries or allowance or likely to be pension or alimony.

§ 1o Observed the willing on the caput, the values eventually perceived by the server or pensioner for salary, allowance or proof of retirement or pensions, from 1o from July 2008 to August 28, 2008 should be deducted from the values due from 1the of July 2008, as per career or career plan and posts to which the server or the pension instituter belongs.

§ 2o For the purposes of the provisions of this article, maturities comprise the sum of the maturity basic with the permanent advantages relative to the post, as laid down in Law no 8,852 of February 4, 1994 and, yet, the following installments:

I-personal advantages and nominally identified personal advantages-VPNI, of any origin and nature ;

II-individual differences and waste, from any origin and nature ;

III-values incorporated in remuneration arising from the exercise of direction function, chefs or an advising or job of protruding in committee ;

IV-values embedded in remuneration for quintos or tenths ;

V-values embedded in remuneration for additional time of service ;

VI-advantages emboded to the tastings or pensions by force of the arts. 180 and 184 of Law no 1,711, of October 28, 1952, and of the arts. 192 and 193 of Law no 8,112, of 1990 ;

VII-allowances ;

VIII-values paid for representation ;

IX-additional for the exercise of unhealthy, dangerous or pennous activities ;

X-additional night ;

XI-additional for the provision of extraordinary service ;

XII-other additional gratuities, or additional remunerative plots of any origin or nature ; and

XIII-values or advantages incorporated in remuneration by administrative, judicial or administrative extension of judicial decision, of a general or individual nature, even though arising from judicial judgment carried on trial.

Art. 161 The limitations to disposals conveyed in this Provisional Measure do not imply revocation of specific standards in which they are more restrictive.

Art. 162 The servers that on August 28, 2008 were found to be ceded, in compliance with the legislation then be in force, you will be able to remain in this condition until the end of the deadline stipulated in the act of assignment and yet have the assignment renewed once by the term of up to one year.

Single Paragraph. In the event that the act of cession does not provide for a deadline will be considered as the final date August 31, 2009.

Art. 163 The limitations to the exercise of other activities by the servers, constants of this Provisional Measure, do not imply removal of constant constraints from other standards.

Art. 164 They are created, for gradual proofing, in the Personnel Framework:

I-of the Ministry of Planning, Budget and Management, two hundred positions of Planning Analyst and Budget of the Planning and Budget Charter, of which it treats the Provisional Measure no 2.229-43, September 6, 2001 ; and

II-of the Union Public Defensoria:

a) seven posts of Special Category Public Defensor ;

b) twenty positions of First Category Public Defensor ; and

c) one hundred and seventy-three Second Category Public Defensor posts.

Art. 165 The total Public Defensor Charter positions of the Public Defensor, from the date of publication of this Provisional Measure, it becomes four hundred and eighty-one posts, thus distributed:

I-forty and a posts of Special Category Public Defensor ;

II-seventy-six Public Defensor posts of First Category ; and

III-three hundred and sixty-four positions of Public Defensor of Second Category.

Art. 166 Ficam revoked:

I-the arts. 9o, 10 and 11-A of Law no 9,650, of May 27, 1998 ;

II-the arts. 8o, 8o-A, 9o, 10, 13, 13-A, 15 and 16 and the Annexes VII, VII-A, VIII and VIII-A of the Provisional Measure no 2.229-43 of September 6, 2001 ;

III-the arts. 7o, 8o, 15 and 21 and the Attachments IV-A, V and VI of Law no 10,593, December 6, 2002 ;

IV-the arts. 2o, 3o, 4o, 5 °, 6o, 7o, 8o, 9o, 10, 11, 12, 13, 14, 14-A, 15, and 16 and Annex II of Law no 10,910, of July 15, 2004 ;

V-the arts. 7o to 15 and Annex IV of Law no 11,094, of January 13, 2005 ;

VI-the art. 2o of Law no 11,344, of September 8, 2006 ; and

VII-the art. 20 of Law no 11,356, of October 19, 2006.

Art. 167 This Provisional Measure comes into force on the date of its publication.

Brasilia, August 29, 2008 ; 187o of Independence and 120the of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Attachment (s)