Decree No. 5417, Of 13 April 2005

Original Language Title: Decreto nº 5.417, de 13 de Abril de 2005

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DECREE NO 5,417 OF April 13, 2005

Approves the Regimental Framework and the Demonstrative Framework of the Posts in Commission and the Gratified Functions of the Navy Command, the Ministry of Defense, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the office of President of the Republic, using the assignments that confers you the art. 84, incisos IV and VI, paragraph "a", of the Constitution,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Navy Command, the Ministry of Defence, in the form of Annexes I and II to this Decree.

Art. 2º As a result of the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in Committee of the Group-Direction and Higher Advisor-DAS:

I-from the Office of Management, the Ministry of Planning, Budget and Management, to the Navy Command: three DAS 101.3 and two DAS 102.4 ; and

II-of the Navy Command to the Office of Management, Ministry of Planning, Budget and Management: three DAS 102.3.

Art. 3º The apostillations arising from the approval of the Regimental Structure of which it treats the art. 1º, they should occur within twenty days, counted from the date of publication of this Decree.

Single Paragraph. After the apostillations provided for in the caput, the Navy Commander will be to publish in the Official Journal of the Union within thirty days, counted from the date of publication of this Decree, nominal relationship of the holders of the posts in committee of the Group-Direction and Superior Advice-DAS, referred to in Annex II, indicating, inclusive, the number of vacant posts, their denomination and their level.

Art. 4º The internal regiment of the Navy Command shall be approved by the Navy Commander and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5º This Decree shall enter into force on the date of its publication.

Art. 6º Stay revoked the Decrees 2,359, February 19, 1859, 4,174, May 6, 1868, 19,536, December 27, 1930, 21,106, February 29, 1932, 46,426, July 14, 1959, 74,044, May 10, 1974, 75,138, 75,138, 75,138, 23 December 1974, 75,335, January 30, 1975, 76,685, November 27, 1975, 77,784, June 8, 1976, 79,233, February 9, 1977, 79,530, April 13, 1977, 79,555, April 19, 1977, April 19, 1977, 89,523, April 4, 1984, 89,588, of April 26, 1984, 90,696, December 12, 1984, 91,076, March 12, 1985, 91,918, November 14, 1985, 95,589, January 5, 1988, 95,870, March 24, 1988, 95,868, March 24, 1988, 967, 967, 29 October 1993, Annex LXX to Decree No 1,351 of December 28, 1994, the Decrees in the 1,714, November 23, 1995, 2,245, June 6, 1997, 2,355, October 22, 1997, and the Annex to Decree No 5,321 of December 27, 2004, in the part regarding the Navy Command, the Ministry of Defense.

Brasilia, April 13, 2005 ; 184º of Independence and 117º of Republic

JOSÉ ALENCAR GOMES DA SILVA

Paulo Bernardo Silva

REGIMENTAL STRUCTURE OF THE COMMAND OF NAVY

CHAPTER I

OF NATURE AND COMPETENCE

Section I

From the Navy

Art. 1º The Navy, permanent and regular national institution, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, is intended for the defence of the Motherland, the guarantee of the constitutional powers and, on the initiative of of either of these, from law and order.

§ 1º Without commitment to its constitutional destination, it is up to the Navy to fulfil the assignments subsidiaries established in Supplementary Law No 97 of June 9, 1999, as amended by the Supplementary Law no 117, September 2, 2004.

§ 2º Denominate Military Organizations the organizational elements of the Navy that have denomination officer, administrative structure and own lotation table.

Section II

From the Navy Command

Art. 2º The Navy Command, an integral organ of the Ministry of Defense's Regimental Structure and subordinate directly to the Minister of State for Defence, is to prepare the Navy for the fulfillment of its constitutional destination and subsidiary assignments.

Art. 3º To Navy Command competes:

I-formulating naval policy and naval military doctrine ;

II-propose the constitution, organization and actuals, as well as perform the deforestation of the Naval Forces ;

III-formulate strategic planning and execute the employment of the Naval Forces in the defense of the Country ;

IV-contribute to the formulation and conduct of national policies that relate to the sea ;

V-orient and control the Merchant Navy and its correlates activities, in what matters to the national defense ;

VI-provide for the safety of avian navigation and the safeguarding of human life at sea ;

VII-produce boric material of its interest ;

VIII-conducting military adstration and supervision of civil adestration in the interests of navigation security national ;

IX-run the naval inspection ; and

X-implement and scrutinize compliance with laws and regulations, in the sea and in inland waters, in coordination with other organs of the Executive, federal or state Power, when necessary, on the grounds of specific skills.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 4º The Navy Command has the following organizational structure:

I-general direction organ: Armada's General Staff ;

II-superior advising organ: Admiraned ;

III-direct and immediate assistance organs to the Navy Commander:

a) Office of the Navy Commander ;

b) Marine Intelligence Center ;

c) Special Prosecutor's Office ; and

d) Secretary of the Interministerial Commission for the Resources of the Sea ;

IV-setorial steering bodies:

a) Naval Operations Command ;

b) Command-General of the Marine Corps ;

c) Director-General Navigation ;

d) Director-General of Marine Material ;

e) Director-General of the Navy Personnel ; and

f) General Secretariat of the Navy ;

V-military organizations of the Navy ;

VI-collegiate organs:

a) Council of Almirants ;

b) Council of Marine Science and Technology ;

c) Board of Personnel Planning ;

d) Board of the Director Plan ;

e) Financial and Administrative Council of the Navy ;

f) Commission for Officers Promotions ; and

g) Commission for Studies of Marine Uniforms ;

VII-linked entities:

a) Casas Construction Box for Navy Personnel ; and

b) Naval Project Manager-EMGEPRON Company ;

VIII-autonomous body linked: Maritime Tribunal.

CHAPTER III

DAS COMPETENCIES OF THE ORGANS

Section I

Of The General Direction Organ

Art. 5º To Armada's General Staff competes:

I-advise the Commander of the Navy in the direction of the Navy Command and the performance of his assignments in the Military Defense Council and the National Defense Council ;

II-elaborating the doctrine, the policy and strategic planning of the Navy ;

III-exercise the coordination and control of the activities of the setorial steering bodies ;

IV-plan naval logistics and supervise its execution ; and

V-plan for maritime mobilization.

Section II

Of The Higher-Advisor Body

Art. 6º The Admiral competes to advise the Navy Commander in his powers of direction and management of the Force, and it is incumbent to do so in the selection of the military who will behave the List of Choice, drawn up in the form of the law, for promotion to the posts of officer-generals.

§ 1º The Admiral, convened and chaired by the Navy Commander, is constituted by the Admirals-de-Esquadra, of the active, when in the exercise of the posts of Chief of the Armed Staff of the Armada, Commander of Naval Operations, Commander-General of the Marine Corps, Director General of Navigation, Director General of Marine Material, Director General of the Navy Personnel and Secretary General of the Navy.

§ 2º The Navy Commander may convene other officer-generals to attend the meetings of the Almirantado, on its own initiative, or in attention to the proposal of one of its members.

Section III

of the Direct and Immediate Care Bodies to the Navy Commander

Art. 7º To the Office of the Navy Commander competes:

I-advise the Marine Commander in the study of the subjects submitted to their appreciation and in the preparation of the documents relating to their decisions ;

II-watch the Navy Commander in his functional and personal representation, especially in the preparation and dispatching of your personal expedient ;

III-follow the progress of the projects of interest of the Navy Command in plotting in Congress National ;

IV-arrange for the consultation of the consultations and the applications formulated by the National Congress ; and

V-exercise other competencies inherent in your area of acting.

Art. 8º The Navy Intelligence Center competes to treat, at its highest level, the production and safeguarding of knowledge of interest of the Navy.

Art. 9º The Marine Special Prosecutor's Office shall ensure, before the Maritime Tribunal, for the faithful observance of the Constitution, the laws and acts emanating from the public powers, concerning the maritime activities, river and laccustres.

Art. 10. To the Registry of the Interministerial Commission for the Resources of the Sea competes to perform the technical and administrative activities of this one, as well as to advise its Coordinator.

Section IV

Of The Setorial Direction Organs

Art. 11. The Naval Operations Command competes for coordination, guidance, planning and control of activities related to the boarding of the Naval, Aeronaval and Marine Forces for the proper application of the Naval Power.

Art. 12. To the General Command of the Marine Corps competes to exercise the sectorial direction of the peculiar activities to specific support for the Forces and Marine Units.

Art. 13. To the Director-General of Navigation competes to contribute to the preparation and application of Naval Power and Maritime Power, in respect of activities related to the safety of navigation, hydrography, oceanography and meteorology.

Art. 14. To the Director-General of the Marine Material competes to contribute to the preparation and application of the Naval Power, in respect of activities related to the Navy's material.

Art. 15. To the Director-General of the Navy Personnel competes to contribute to the preparation and application of the Naval Power, in respect of the activities related to the Navy personnel.

Art. 16. The Navy General Secretariat competes to contribute to the preparation and application of the Naval Power, in respect of the activities related to the economy, finance, supply, heritage, informatics, administration and internal control.

Single Paragraph. The internal control unit of the Navy Command is subject to the normative orientation of the Ministry of Defense's Office of Internal Control.

Section V

Of The Navy's Military Organizations

Art. 17. The Navy Military Organizations, subordinated to the directorate-general and directorial bodies, competes to carry out the tasks assigned to them by those organs, in accordance with the guidelines emanating from the Navy Commander.

Section VI

Of The Collegiate Organs

Art. 18. The Admiral Board competes to advise the Navy Commander in the evaluation of matters of interest relevant to the Navy, presented by members of the Admiral.

§ 1º The Admiral Board, made up of the Almirants in active service with function in units organizational of the Navy, will be chaired by the Navy Commander and convened for his initiative.

§ 2º The Navy Commander will be able to invite other Almirantes, from active, or reservation, to participate, in exceptional character, of the Council of Admirals.

Art. 19. To the Science and Technology Council competes to formulate the Navy's science and technology development plan, supervise its execution and propose to the Navy Commander its changes and updates.

Art. 20. To the Board of Personnel Planning competes to advise the Navy Commander in the tract of the strategic affairs related to the planning of the Navy personnel.

Art. 21. To the Board of the Director Plan competes to advise the Marine Commander in the tract of matters relating to the planning of budget and financial management.

Art. 22. The Navy's Financial and Administrative Council competes to advise the Navy Commander in the administration-financial affairs, exerting the highest level of control of the Navy's budget and physical-financial execution.

Art. 23. The Office for Official Promotions competes to advise the Navy Commander in the various selection processes of Navy officers.

Art. 24. To the Commission for Studies of Marine Uniforms it is up to the Commission to exercise the powers set out in

Section VII

Of The Self-governing Body Linked

Art. 25. The Maritime Court, the autonomous body, an auxiliary to the Judiciary Branch, linked to the Navy Command with regard to the development of military personnel and budget resources for personnel and material intended for its operation, competes judge the accidents and facts of maritime, river and lacustre shipping and the issues related to such activities in the manner of the provisions of Law No. 2,180 of February 5, 1954.

CHAPTER IV

DAS ASSIGNMENTS OF DIRECTORS

Section I

From the Navy Commander

Art. 26. To the Navy Commander, in addition to the assignments provided under the legislation in force and depending on the guidelines of the Minister of State for Defence

I-exercise the command, the direction and the management of the Navy ;

II-orial the elaboration and supervise the execution of the Navy's sectorial programs ;

III-to ensure the fitness of the Force in the fulfillment of its constitutional mission and its tasks subsidiaries ;

IV-propose to the President of the Republic, through the Minister of State for Defence, within the limits of the Law:

a) creation, enabling, reactivation, disabling, extinction, purpose, organization, denomination subordination and transformation of the general direction, setorial direction and direct and immediate assistance to the Navy Commander, as well as of the Naval, Aeronaval and Marine Forces, commanded by Admirals ;

b) establishment of the maritime, river, laccustres, and land areas of jurisdiction of District Commands Naval ; and

c) designation of officer-general of the remunerated reserve for active duty.

V-dispower on the creation, activation, reactivation, deactivation, extinction, purpose, location, area of jurisdiction, subordination and transformation of the Navy organizations, respected the effective set in Law, the budget allocation allocated to the Navy Command and the competencies established in the inciso IV ;

VI-lower acts related to the management of military and civilian personnel of the Navy Command, in addition to those anticipated in the legislation in force, concerning:

a) indication of officer-generals for permanent positions and commissions abroad ;

b) military designation of the remunerated reserve, except officer-general, for active duty ;

c) transfer to the remunerated reservation of squares ;

d) establishment of the standards for the provision of task for the right time by reserve servicemen remunerated or retired ;

and) reinclusion of servicemen ;

f) travel authorization of personnel and military organizations of the Navy Command abroad when the purposes are of adestration, exchange, conclave, symposiums, conference, scientific research, representation, presence of presence, cooperation or closer ties of friendship with friendly countries ;

g) formulation, approval, implementation of capacity-building programs and personnel qualification abroad ; and

h) permission for participation of civil personnel in collegiate bodies or working groups outside the scope of the Navy command, as well as at conferences, congresses, training or other similar events ;

VII-judge, ultimately, administrative and disciplinary resources related to the military personnel of the Strength ;

VIII-authorize the extension of the deadline for termination of military police inquiry, in the exceptional condition provided for in § 2º of the art. 20 of Decree-Law No. 1,002 of October 21, 1969 ;

IX-regulate matters relating to military service, within the framework of the Navy Command, except those of competence of the Minister of State for Defence ;

X-download normative acts regarding the grant of arms possession, within the framework of the Navy Command, observed to vigour legislation ;

XI-approve the regulations of the military organizations, entities and linked bodies ;

XII-lower acts concerning the mobilization, within the framework of the Navy Command, except for the Minister's competence of State of Defence ;

XIII-define and classify, within the framework of the Navy Command, military employment material ;

XIV-formulating the specific legislation and approving the own rules of the Navy Command ;

XV-establish, within the framework of the Navy Command, contractual termination when in the public interest and apply the penalty of declaration of inidoneity ;

XVI-laying down standards on operational procedures regarding the execution of bidding certain and to the conclusion of agreements and administrative acts, as well as to authorize their realization, within the framework of the Navy Command, observed the legislation in force ;

XVII-authorize the acquisition of equipment manufactured and delivered abroad, for which the resources have been approved and allocated to the Navy Command ;

XVIII-establish operational conditions for the accreditation of consignee entities, within the framework of the Navy Command, with regard to the payment system of the Navy personnel ;

XIX-manifested over the Annual Accounts of the Gestoras Units of the Navy Command ;

XX-celebrate and rescenter arrangements, terms additives, adjustments, contracts, agreements and other instruments of mutual cooperation, observed the powers provided for in the Supplementary Law in 97, 1999 ;

XXI-to negotiate contracts regarding credit operations in the form of the legislation in force ;

XXII-designate an Admiral-de-Esquadra, of the Body of the Armada, to exercise, interinely, the post of Head of the General Staff of the Armada, in the eventual impediment of the holder ;

XXIII-exercise the tasks of the Maritime Authority ; and

XXIV-lower normative acts for collection of marine rescue services and contracted trailer.

§ 1º The Navy Commander may delegate, admission to subdelegation, competence for the practice of acts administrative, in the form of the legislation in force.

§ 2º The Navy Commander is a Nato member of the National Defense Council and integrates the Military Council of Defense.

Section II

Of the other Leaders

Art. 27. To the other leaders of the organs and the integral units of the Marine Command structure it is incumbent to plan, direct, coordinate, guide, monitor, and evaluate the execution of the activities of the units that integrate their respective areas and engage in other assignments that are committed to them.

CHAPTER V

DAS GENERAL PROVISIONS

Art. 28. The flooring of posts in the Navy Command will observe the following guidelines:

I-that of Chief of the Armed Staff of the Armada will be occupied by an Admiral-de-Esquadra of the Armada of the Armada, of the active, with functional precedence over the other Navy officers of the same post ;

II-that of Naval Operations Commander will be occupied by an Admiral-de-Esquadra of the Armada of the Armada, of the active, which exercises the duties of Commander-in-Chief of the Naval, Aeronaval and Marine Forces ;

III-that of Commander-General of the Marine Corps will be occupied by an Admiral-de-Esquadra, of the active, of the Body of Marine Corps ; and

IV-those of Directors-General Navigation, Marine Material, Navy Personnel and that of Secretary-General of the Navy will be occupied by Admiral-de-Esquadra, of the active, of the Armada Corps.

Single Paragraph. The title holder of the Chief of Staff of the Armada will still exercise the charges of Chairman of the Boards of Science and Technology, Personnel Planning and the Director Plan, Chairman of the Officer Promotions Commission and, also, the substitute for the Navy Commander, in your departs and legal and regulatory impediments.

Art. 29. The Navy Commander will lower the complementary normative acts, which will establish the breakdown of the organization, the functioning of the respective organs and the assignments of their leaders.