PROVISIONAL MEASURE # 2,151?2, DE July 27, 2001
Regulates the art. 8º of the Act of Transitional Constitutional Provisions and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:
OF THE REGIME OF POLITICAL AMNESTIES
Art. 1º The Political Anistiate Regime comprises the following rights:
I? statement of the condition of political amnesty ;
lI? economic repair, of indenization character, in single provision or in monthly, permanent and continuing provision ;
III? count, for all purposes, of the time when political amnesties were compelled to depart from their professional activities, by virtue of punishment or of the founded threat of punishment, for purely political reason ; and
IV? completion of the course, from the interrupted school period, for the punishing in the student condition, in public school, or registration of the respective diploma for those who have completed course at educational institutions in the Exterior, according to the criteria established by Law No. 9,394 of December 20, 1996, which "Establishes Guidelines and Bases of National Education".
DA STATEMENT OF THE CONDITION OF
Art. 2º Are declared political amnesties those who in the period from September 18, 1946 until October 5, 1988, for exclusively political motivation, were:
I? reached by acts of exception, institutional or complementary ;
II? punishable with transfer to diverse locality from that where they exercised their professional activities, imposing?if changes from place of residence ;
III? punishable with loss of commissions already incorporated into the employment contract ;
IV? compelled to the remotention of paid professional activity, to accompany the spouse ;
V? prevented from exercising, in civilian life, specific professional activity in consequence of the Reservation Portaries of the Ministry of Aeronautics No S?50?GM5, June 19, 1964, and No S?285?GM5 ;
VI? punished, fired or compelled by the removal of the paid activities they exercised, being private sector workers or leaders and union representatives, as well as prevented from exercising professional activities by virtue of pressures ostentatious or official secretive expedients, being private sector workers, leaders and union representatives ;
VII? punished on the grounds of exception, institutional or supplemental acts, or suffered disciplinary punishment, being students ;
VIII? covered by Legislative Decree No. 18 of December 15, 1961, and by Decree?Law No. 864 of September 12, 1969 ;
IX? fired, being civil servants civil servants and employees at all levels of government or in their public foundations, public companies or mixed companies under state control, except in the military's Commands ;
X? punishable with the retirement or availability cassation ;
XI-turned off, expelled or in any way compelled to the remotention of their paid activities, albeit on the basis of common legislation ;
XII? punished with the transfer to the remunerated or retired reserve, with loss of order, by exception, institutional or complementary acts ;
XIII? compelled to exercise free of charge of councillor, by force of institutional acts ; and
XIV? punished with the cassation of their elective mandates in the Legislative Or Executive Powers, at all levels of government.
§ 1º In the cases provided in the incisos XIII and XIV of this article, it is guaranteed only the counting of this time for retirement effect in the public service and social welfare.
§ 2º It is ensured the right to apply for a corresponding declaration to the successors or dependents of the one who would be a beneficiary of the condition of political amnesties.
DA ECONOMIC REPAIR OF CHARACTER
Art. 3º The economic redress that it treats the inciso II of the art. 1º of this Provisional Measure will run into the National Treasury account.
§ 1º Economic reparation in single provision is not accumulative with economic redress in monthly, permanent and continuing delivery.
§ 2º The economic reparation will be granted upon portion of the Minister of State for Justice, after assent of the Amnesty Commission that it treats art. 12 of this Provisional Measure.
§ 3º They will not be entitled to economic redress referred to in the caput the political, civil or military amnesties, which have been readmitted or reinstated, to the respective functional frameworks.
From Economic Repair in Single Provision
Art. 4º The economic redress in single provision will be due to the political amnesties specified in the incisors I to VII of the art. 2º of this Provisional Measure.
Art. 5º The economic reparation in single provision will consist of the payment of thirty minimum wages per year of punishment.
§ 1º For the calculation of the payment mentioned in the caput of this article, computes?if as a year the period inferior to this.
§ 2º In no hypothesis the value of economic repair in single provision will be more than R$ 100,000.00 (one hundred thousand reais).
From Economic Repair in Monthly Prestation,
Permanent and Continued
Art. 6º Economic reparation in monthly, permanent and continued delivery will be ensured to the political amnesties specified in the incisors VIII to XII of the art. 2º Percent of this Provisional measure.
Art. 7º The value of the monthly, permanent and continued benefit will be equal to the remuneration that the political amnesties would receive if there were remained in active duty in office, employment, post or graduation to which it would be entitled, obeyed the deadlines for staying in activity provided for in the prevailing laws and regulations, ensured the promotions, respected the characteristics and peculiarities of the careers of civil servants' civil servants and the military.
§ 1º The value of the monthly, permanent and continuing provision will be established as per the evidence offered by the applicant, information from official bodies as well as foundations, public undertakings or mixed companies under state control, orders or professional advice to which political amnesties were bound by suffering punishment.
§ 2º For the calculation of the benefit of the provision that it treats this article will be considered the rights and advantages emboded to the legal situation of the professional category to which the political amnesties belonged.
Art. 8º The value of the monthly, permanent and continuing delivery of this Section shall not be less than that of the minimum wage nor higher than that of the ceiling established in art. 37, XI, of the Federal Constitution.
Single Paragraph. If the political amnestie was, on the date of punishment, proven to be remunerated by more than one labour activity, not eventual, the value of the monthly, permanent and continued benefit will be equal to the sum of the remuneration to which it was entitled, up to the limit established in the caput of this article, obeyed the constitutional rules of non-accumulation of posts, functions, jobs or orders.
Art. 9º The readjustment of the value of the monthly, permanent and continued delivery will be made when changes in the remuneration that the political amnestiate would be receiving if it were in active service, observed the provisions of the art. 8º.
DAS ADMINISTRATIVE COMPETENCIES
Art. 10. It will be for the Minister of State for Justice to decide on the required applications in this Provisional Measure.
Art. 11. All political amnesty processes, as well as the respective computerized acts that are in other ministries, or in other bodies of the direct or indirect public administration, will be transferred to the Ministry of Justice, within the period of ninety days counted from the publication of this Provisional Measure.
Art. 12. It is set up, within the Ministry of Justice, Commission of Amnesty, for the purpose of examining the applications referred to in art. 10 of this Provisional Measure and advising the Pasta holder in his decisions.
§ 1º The members of the Amnesty Commission shall be appointed upon a portion of the Minister of State for Justice and of her shall participate, among others, a representative of the Ministry of Defence, appointed by the respective holder, and a representative of the amnesties.
§ 2º The representative of the amnesties shall be designated as the procedure established by the Minister of State for Justice and second indication of the respective associations.
§ 3º For the purposes of this Provisional Measure, the Amnesty Commission may conduct démarches, require information and documents, listen to witnesses and issue technical opinions with the aim of instructing the processes and applications, well how to arbitrate, on the basis of the evidence obtained, the value of the compensation provided for in art. 5º of this Provisional Measure in the cases that it is not possible to identify the exact time of punishment of the person concerned.
DAS GENERAL AND FINAL PROVISIONS
Art. 13. In the case of the demise of the political amnestie, the right to economic redress transfers?if their dependents, observed the vocation criteria fixed for pensioners of the legal regime of the federal public servant.
Art. 14. To political amnesties are also assured the indirect benefits held by the companies or organs of the Public Administration to which they were bound when they were punished, or by the entities instituted by one or others, including plans to insurance, medical, dental and hospital assistance, as well as housing finance.
Art. 15. Can the company, foundation or municipality be able, upon convention with the Public Finance, to charge?whether on payment of the monthly, permanent and continued benefit, regarding your ex?employees, political amnesties as well as their eventual dependent.
Art. 16. Do the rights expressed in this Provisional Measure not exclude those conferred by other legal or constitutional standards, vehementing the cumulation of any payments or benefits or compensation on the same grounds, by providing?if the option more favorable.
Art. 17. Proving?whether the falsehood of the grounds that coiled the declaration of the condition of political amnesties or the benefits and rights secured by this Provisional Measure shall be the respective act rendered void by the Minister of State for Justice, in procedure in which it will ensure the fullness of the right of defence, by staying at the favored the charge of resuscitation of the National Farm by the appropriations that there is unduly received, without prejudice to other sanctions of administrative and criminal character.
Art. 18. It will be up to the Ministry of Planning, Budget and Management to make, upon communication from the Ministry of Justice, the payment of the economic reparations mentioned in this Provisional Measure.
Single Paragraph. The pick-up of the pension contribution referring to the computed period for retirement effect, pursuant to the inciso III of the art. 1º Percent of this Interim Measure, may be effected in installments, corresponding to the months of duration of the punishment.
Art. 19. The exceptional retirement or pension payment pertaining to the already political amnesties, which has been being effected by the National Institute of Social Insurance and other public entities as well as by companies, upon convention with the said institute, will be maintained, with no solution of continuity, until its replacement by the monthly, permanent and continuing provision scheme instituted by this Interim Measure.
Art. 20. To the stated amnesty that you find yourself in legal litigation seeking to obtain the benefits or compensation set out by the art. 8º of the Act of Transitional Constitutional Provisions is provided to conclude transaction to be approved in the judgment competent.
Single Paragraph. For the purpose of compliance with the provisions of this article, Advocacy-General of the Union and the Legal Goods of federal public authorities and foundations shall be permitted to enter into transaction in the proceedings brought against the Union or its entities.
Art. 21. The acts practiced on the basis of the Provisional Measure No. 2.151-1, of June 28, 2001, shall be convalidated.
Art. 22. This Provisional Measure shall enter into force on the date of its publication.
Art. 23. They stay revoked the art. 2º, the § 5º of the art. 3º, the arts. 4º and 5º of Law No. 6,683 of August 28, 1979, and the art. 150 of Law No. 8,213 of July 24, 1991.
Brasilia, June 27, 2001 ; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO