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Decree No. 5,755, Of 13 April 2006

Original Language Title: Decreto nº 5.755, de 13 de Abril de 2006

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DECREE NO 5,755, DE April 13, 2006.

Approves the Regimental Framework and the Framework Demonstrative of the Cargos in Commission and the Gratified Functions of the Ministry of Social Welfare and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of the Act No 10,683 of May 28, 2003,

DECRETA:

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

Art. 2º As a result of the provisions of the art. 1st, stay remanded, in the form of Annex III, the following posts in Committee of the Group-Direction and Superiors-DAS and Gratified Functions-FG:

I-from the Ministry of Social Welfare to the Office of Management, Ministry of Planning, Budget and Management: a DAS 101.4 ; two DAS 101.3 ; ten DAS 101.2 ; and nine DAS 101.1 ; and

II-from the Office of Management, the Ministry of Planning, Budget and Management, to the Ministry of Social Security: a DAS 102.4 ; a DAS 102.3 ; seven DAS 102.2 ; and eight DAS 102.1.

Art. 3º The apostillations arising from the approval of the regimental structure of which it treats the art. 1st shall occur within twenty days, counted from the date of publication of this Decree.

Art. 4º After the apostillations provided for in art. 3rd, the Minister of State for Social Security will make publication 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 Advising Superior-DAS as referred to in Annex II.

Art. 5º The internal regiments of the organs of the Ministry of Social Welfare shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 6º This Decree shall enter into force on the date of its publication, producing effects from April 20, 2006.

Art. 7º Stay revoked the Decree No. 5,469 of June 15, 2005 and the art. 5th of Decree No 5,585 of November 19, 2005.

Brasilia, April 13, 2006 ; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Roberto Rodrigues

Machado Nelson

ANNEX I

REGIMENTAL STRUCTURE OF THE MINISTRY OF SOCIAL SECURITY SOCIAL

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1st The Ministry of Social Security, the body of the direct federal administration, has as area of jurisdiction the following subjects:

I-Social foresight ; and

II-supplemental foresight.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of Social Security has the following organizational structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet ;

b) General Secretariat: Undersecretion of Planning, Budget and Administration ; and

c) Legal Consulting ;

II-singular specific organs:

a) Secretary of Social Security Policies:

1. Department of the General Social Welfare Regime ; and

2. Department of Welfare Regimes in the Public Service ;

b) Supplemental Provident secretary:

1. Department of Technical Analysis ;

2. Department of Economic Affairs ;

3. Department of Legislation and Standards ;

4. Department of Actuarial Affairs ; and

5. Department of Surveillance ;

c) Registrar of the Revenue Forecast:

1. Department of Administration of Revenue Revenue ;

2. Department of Surveillance of Revenue Revenue ; and

3. Department of Strategic Information ;

III-collegiate organs:

a) National Social Security Council ;

b) Social Security Resource Council ; and

c) Supplemental Welfare Management Board ;

IV-linked entities:

a) autarchy: National Institute of Social Insurance-INSS ;

b) public company: Technology Company and Social Security Information- DATAPREV.

CHAPTER III

DAS COMPETENCIES OF ORGANS

I Section

of the Direct and Immediate Care Bodies to the Minister of State

Art. 3rd To the Cabinet competes:

I-watch the Minister of State in his political and social representation, deal with the public relations and the preparation and dispatch of their personal expedient ;

II-monitor the progress of the Ministry's projects of interest, in tramway in the National Congress ;

III-arrange for the consultation to be attended and for applications formulated by the National Congress ;

IV-arrange for the official publication and dissemination of the matters relating to the acting area of the Ministry ;

V-plan, coordinate, supervise and develop social communication activities of the Ministry ;

VI-coordinate, supervise and execute the activities concerning the ceremonial of the Ministry ;

VII-plan, coordinate, supervise, and develop the ouvidority activities of the social welfare ; and

VIII-exercise other assignments that are committed to it by the Minister of State.

Art. 4th To the Executive Officer competes:

I-attend the Minister of State in the supervision and coordination of activities of Member secretaries of the structure of the Ministry and the entities it linked to ;

II-supervise and coordinate the activities of organization and modernization administrative, as well as those related to federal planning and budget systems, financial administration, accounting, information resource administration and informatics, human resources and general services, in the scope of the Ministry ;

III-plan, coordinate, and supervise the execution of the activities concerning the corporate cadasters of social security ;

IV-define policies, methodologies, controls, and safety standards and coordinate efforts for the management of fraud risks ;

V-supervise and coordinate the programs and activities of combating fraud or any lesbian acts to social security, upon actions and technical intelligence procedures ;

VI-approving the policy, plans and strategic programs of technology and information, well how to establish general standards and guidelines for the adoption of new technological resources in informatics and telecommunication within the framework of social welfare ;

VII-perform activities relating to the development and diffusion of methodologies of program management and project management in social security and guidance and technical support for their application ;

VIII-follow up and evaluate program management and management of projects of strategic nature of social foresight ; and

IX-assist the Minister of State in the definition of the guidelines and implementation of the actions of the Ministry's area of competence.

Single Paragraph. The Executive Officer also exercises the role of sector of the Civil Personnel Systems of the Federal Administration-SIPEC, Administration of Information Resources and Informatics-SISP, General Services-SISG, Planning and Budget Federal, Federal Financial Administration and Federal Accounting, through the Undersecretion of Planning, Budget and Administration to her subordinate.

Art. 5th To Undersecretion of Planning, Budget and Administration competes:

I-plan, coordinate, and supervise the execution of the organization activities and administrative modernization, as well as those related to federal human resources, general, planning and budget, accounting and financial administration systems within the Ministry ;

II-promote the articulation with the central bodies of the federal systems referred to in the inciso I and inform and guide the organs of the Ministry as to compliance with the established administrative standards ;

III-plan, coordinate, supervise, and perform related activities with material and heritage resources, arrangements, tenders, contracts, general services, documentation and archives ;

IV-coordinate the elaboration and consolidation of the activities and programs of the activities finalistic of the Ministry, their budgets and changes, and submit them to the top decision ;

V-follow up and promote the evaluation of projects and activities, within the framework of their competence ;

VI-promote the budgetary, financial and accounting implementation activities within the framework of the Ministry ;

VII-plan, coordinate, supervise, and execute the administration activities of the information and informatics resources ;

VIII-plan, coordinate, supervise, and perform administration activities and development of personnel, within the Ministry ;

IX-carry out account outlets of the expense payers and too much responsible for public goods and values and of any one that gives cause for loss, extraction or irregularity that results in damage to the erary ; and

X-promote registration, treatment and control of operations concerning the budget, financial and heritage administration of the Ministry, with a view to the elaboration of accounting statements of the activities of the Federal Accounting System.

Art. 6th To Legal Consulting, the sector's sector of the Advocacy-General of the Union, competes:

I-advising the Minister of State on matters of a legal nature ;

II-to exercise the coordination of the legal activities of the Ministry and the entities linked ;

III-fixing the interpretation of the Constitution, of the laws, of treaties and of the other acts normative to be uniformly followed in their areas of acting and coordination, when there is no normative guidance of the Union Advocate-General ;

IV-draw up studies and prepare information, on request of the Minister of State ;

V-watch the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effective and of those coming from organ or entity under his legal coordination ; and

VI-to examine, prior and conclusively, within the Ministry, the texts of edition of tender, as well as those of the respective contracts or congenial instruments, to be published and concluded, as well as the acts by which if it is to recognize the inchargeability, or decide the bidding waiver.

Section II

Of The Natural Specific Organs

Art. 7th To the Office of Social Security Policies competes:

I-assist the Minister of State in formulating, monitoring and coordinating the social welfare policies and in the supervision of the programs and activities of the linked entities ;

II-assist the Minister of State in proposing general standards for the organization and maintenance of the own social welfare schemes of the public servants and the military of the Union, States, the Federal District and the Municipalities ;

III-elaborate and promote, in articulation with the other bodies involved, the improvement of legislation and the updating and revision of the cost and benefits plans of social welfare ;

IV-orient, monitor, normalize and supervise social welfare actions in the areas of benefits and collection ;

V-exercise the functions of General Secretariat of the National Security Council Social ;

VI-conduct studies and subsidize the formulation of policies, guidelines and parameters general of the social welfare system ;

VII-follow up and evaluate the strategic actions of social welfare ;

VIII-promote deregulation actions aimed at rationalization and the simplification of the normative and institutional planning of social welfare ;

IX-orient, monitor, evaluate and supervise social welfare actions, in the scope of the General Social Welfare Scheme ;

X-orient, monitor, and supervise the own social welfare schemes of the public servants and the military of the Union, the States, the Federal District and the Municipalities ;

XI-coordinate, monitor and supervise the activities concerning the celebration and execution of international social welfare agreements ;

XII-articulating itself with government entities and national, international and foreigners with acting in the economic field-previdentiary, for conducting studies, technical conferences, congresses and similar events ;

XIII-manage the relationship and affiliation of the Ministry with the bodies international of your area of competence ;

XIV-evaluate proposals for changes in pension legislation and their impacts on the pension schemes ;

XV-follow up on the foreign policy of the Federal Government, as far as pension is concerned social ;

XVI-to promote the harmonic and integrated development of the own regimes of pension and the permanent articulation between the Ministry and the governing bodies or entities of these schemes, fostering the exchange of national and international experiences ;

XVII-coordinate and promote the dissemination of social welfare policies within the framework of the General Regime and of the own social welfare schemes ; and

XVIII-set guidelines on the extension of pension coverage upon pension education programs.

Art. 8th To the Department of the General Social Welfare Regime competes:

I-coordinate, monitor, evaluate and supervise the actions of the General Regime of Social Security in the areas of benefits and custer ;

II-coordinate, monitor, and supervise the update and review of the plans of cost and benefits of the General Social Welfare Regime ;

III-develop projects for rationalization and simplification of normative and institutional of social welfare ;

IV-draw up projections and simulations of the revenue and expenditure of the General Regime of Social Security ;

V-collect and systematize previdual, accidental, socioeconomic information and demographic ;

VI-conduct studies aiming at the enhancement of the General Social Welfare Regime ; and

VII-propose, within the scope of social welfare and in articulation with the other organs involved, policies aimed at health and safety at work.

Art. 9o To the Department of Welfare Regs in the Public Service competes:

I-coordinate, monitor, supervise and audit the own pension schemes social services of the public servants and the military of the Union, States, the Federal District and the Municipalities ;

II-carry out technical studies necessary for the enhancement of the pension schemes in the public service ;

III-draw up and advise the confection of projections and simulations of revenues and expenses of the own social welfare schemes of the public servants and the military of the Union, States, the Federal District and the Municipalities ;

IV-provide technical assistance with views to the enhancement of databases previders, the realization of diagnoses and the elaboration of proposals for reforms of the pension systems in the public service ;

V-issue opinions for monitoring of the results presented by the Union, States, Federal District and Municipalities in the organization of their pension schemes ;

VI-administer the Certificate of Prediction Pricing-CRP as well as the Process Prediction Administrative-PAP ;

VII-normatization, in articulation with the other bodies involved, the Integrated System of Data and Remuneration, Prowinds and Pensions of the Union Public Servers, States, the Federal District and the Municipalities ;

VIII-foster the institutional articulation between the spheres of government in the matter of their competence ;

IX-collect and systematize information from the social welfare schemes of the servers public and the military of the Union, States, the Federal District and the Municipalities ; and

X-scrutinize the entities and funds of the social welfare schemes themselves and their operations, with a view to compliance with the legislation, as well as to launder the respective infraction autos.

Art. 10. To the Supplemental Security Secretary competes:

I-propose the basic guidelines for the supplementary pension scheme operated by the closed entities of supplemental foresight ;

II-supervise, scrutinize, coordinate, guide, and control activities related to the supplementary pension scheme operated by the supplementary pension entities supplemental ;

III-to assure participants and assisted benefits plans operated by closed pension entities supplementing full access to information regarding the management of their respective benefits plans ;

IV-determine investigations, initiate inquiries, and approve annual programmes of supervision under the scheme operated by closed entities of supplementary pension, as well as deciding on the cableable penalties ;

V-decide on the conclusions of the final report of administrative proceedings, initiated by an infringement of an infringement of an infringement or by administrative inquiry, instituted to ascertain the responsibility of physical or legal person, by action or omission, in the exercise of their assignments or competences, relating to infraction to the legislation under the supplementary pension scheme operated by the closed entities of supplementary pension ;

VI-ascertaining and adjudicating infractions, applying the cableable penalties ;

VII-analyse and approve the applications for authorization for constitution, operation, merger, incorporation, grupping, transfer of control of the closed entities of supplementary pension, as well as examining and approving the statutes of the said entities, the Regulations of the benefits plans and their amendments ;

VIII-examine and approve the accession arrangements concluded by sponsors and by institution, as well as authorizing the withdrawal of sponsorship ;

IX-decreeing special administration on benefits plans operated by entities closed on supplementary pension, as well as enacting the extrajudicial intervention or settlement of the said entities or their benefits plans by appointing the respective special, interventing or liquidating administrator ;

X-provide administrative support to the Supplemental Welfare Management Board ;

XI-propose to the Supplemental Welfare Management Board standards for the activities of the closed entities of supplementary pension and for the operation and implementation of the benefits plans by them operated ;

XII-coordinate, monitor and supervise the activities concerning the celebration and implementation of international supplementary pension agreements ; and

XIII-articulating with governmental entities and national, international bodies and foreigners with acting in the field of competence, for conducting studies, technical conferences, congresses and similar events.

Art. 11. To the Department of Technical Analysis competes to analyze and authorize:

I-the constitution and operation of the closed entities of supplementary pension, as well as the application of the respective statutes and regulations of benefit plans and their changes ;

II-the operations of merger, division, incorporation or any other form of reorganization societal, relating to the closed entities of supplementary pension ;

III-the operations of merger, division, incorporation or any other form of reorganization of benefits plans operated by the closed entities of supplemental pension ;

IV-the celebration of arrangements and terms of accession by sponsors and institutors, and its changes, as well as the withdrawals of sponsors and institutors ; and

V-sponsorship transfers, participant and assistive groups, plans of benefits and reservations between closed entities of supplementary pension.

Art. 12. The Department of Economic Affairs competes:

I-elaborate studies in the economic area ;

II-carry out interlocation with the representatives of the responsible bodies and entities for the elaboration of standards that are of interest to the supplementary pension scheme operated by the closed entities of supplementary pension, with regard to the applications of the guaranteed resources of technical reserves, funds and provisions of the benefits plans of such entities ;

III-prepare, for consideration of the Office of the Supplemental Security Secretary, minutes of instructions, resolutions, portaries and other acts of normative or procedural content in the sphere of their competence ; and

IV-proceed to the examination of consultations and requests for authorization, when it is the case, on the matters relating to the application of the guaranteed resources of the technical reserves, funds and provisions of the benefits plans of the supplementary pension entities, observed the competence of the Legislation Department and Standards.

Art. 13. To the Department of Legislation and Standards competes:

I-promote research and studies related to pension legislation complementary, as well as developing actions aimed at the revision and consolidation of the said legislation ;

II-advising the Supplemental Provident Secretary and other units of the Registry of Supplementary Pension on the propositions of normative or procedural content arising from these units ;

III-offer subsidies, drive doubts and guide as to the implementation of the legislation on supplementary pension ; and

IV-proceed to the examination of consultations on matters relating to the application of statutes of the closed entities of supplementary pension and regulations of the benefits plans by them operated.

Art. 14. The Department of Actuarial Affairs competes:

I-elaborate studies and analysis in the actuarial and accounting areas regarding the plans of benefits of closed entities of supplemental foresight ;

II-carry out interlocation with the representatives of the responsible bodies and entities for the elaboration of standards that are of interest to the supplementary pension scheme operated by the closed entities of supplementary pension, with regard to the actuarial and accounting matters of the benefits plans of such entities ;

III-prepare, for consideration of the Office of the Supplemental Security Secretary, minutes of instructions, resolutions, portaries and other acts of normative or procedural content in the sphere of their competence ; and

IV-proceed to the examination of consultations on the actuarial and accounting matters of the plans of benefits from the closed entities of supplementary pension, noted the competence of the Department of Legislation and Standards.

Art. 15. To the Department of Surveillance competes:

I-proceed to the supervision of the activities of the closed entities of foresight supplementary and their operations ;

II-analyze, monitor and scrutinize, in its various investment segments, the operations and applications of the secured resources of the technical reserves, funds and provisions of the benefits plans operated by the closed entities of supplementary pension insurance ;

III-analyzing the constitution of technical reserves, provisions and funds of the plans of benefits of closed entities of supplemental foresight ;

IV-examine, monitor and scrutinize the accounting and actuarial statements of the plans of benefits from the closed entities of supplemental foresight ;

V-proceeding to surveys and unionists, within the scope of their competence ;

VI-washing up the infraction when it finds the occurrence of the discompliance of legal obligation ;

VII-propose application of administrative penalties to the agents responsible for infractions object of administrative process arising from action of surveillance, representation or denunciation ; and

VIII-follow up and guide the actions related to the acting of administrator special and with extrajudicial intervention and settlement schemes concerning the closed entities of supplementary pension and their benefit plans.

Single Paragraph. The Department of Surveillance will contain six regional units, decentralized bodies with attribution of carrying out the activities provided for in this article, within the framework of their region.

Art. 16. To the Registry of the Revenue Forecast competes:

I-promote the collection, supervision and collection of social contributions intended to the financing of social welfare, as well as those concerning other entities and funds, in the form of the legislation in force ;

II-orial, coordinate, track, discipline, supervise and evaluate activities and fundraising, supervision, recovery of credits and launch regarding the contributions by her administered ;

III-establish general guidelines for the development of plans, programs, and targets of the activities of fundraising, supervision and administrative collection of the contributions she has administered, as well as developing studies and actions for combating tax evasion and evasion ;

IV-propose, in conjunction with the Office of Social Security Policies, the improvement of the tax legislation related to social welfare and expedite the normative acts and instructions required for their execution ;

V-elaborate, jointly with the Office of Social Security Policies, and in articulation with the other organs involved, the social security cost plan ;

VI-decide, in the first instance, on administrative proceedings for credits on social contributions by her administered ;

VII-articulating with entities with governmental entities and national bodies, international and foreign with acting in the economic field-previdence, for conducting studies, technical conferences, congresses and similar events ;

VIII-oriental, supervise and coordinate the production and dissemination activities of strategic information in the area of their competence, aimed at risk management or use by participating bodies and entities of joint operations, aiming at the prevention and combating of fraud and delective practices within the framework of social welfare ;

IX-attend, jointly with the Office of Social Security Policy, the Minister of State in the formulation of economic-tax policy, within the framework of social welfare ;

X-define the location of its decentralized units, as well as propose to its creation ; and

XI-develop analyses aimed at oscillations, variables, and economic trends that influence in the collection of the contributions by her administered.

Art. 17. To the Administration Department of Revenue Forecast competes:

I-drive, coordinate and supervise the revenue collection activities previders, as well as of other entities and funds administered by the Registry of the Revenue Revenue ;

II-develop analyses of oscillations, variables, and economic trends that influence in the collection of the pension social contributions ;

III-follow, control and evaluate the previdual revenues and the granting of waiver ;

IV-plan, drive, coordinate, and evaluate credits retrieval activities pension tributaries ;

V-promote the articulation of the organs and units responsible for the collection and retrieval of prevident credits ;

VI-manage information on collecting social contributions previders, promoting the comparative analysis of physico-financial flows ;

VII-control and supervise the tramway of fiscal administrative processes ;

VIII-coordinate and supervise the actions of the administration-tax contention ; and

IX-administer and control statements on social contributions previders.

Art. 18. To the Department of Surveillance of Revenue Forecast competes:

I-drive, coordinate, execute, and evaluate compliance surveillance activities of the previdial obligations ;

II-plan, implement and evaluate the directed actions for the specialization in economic segments, aiming at combating tax evasion and tax evasion ; and

III-propose the lotation of tax auditors for the exercise of the activity of surveillance.

Art. 19. To the Department of Strategic Information competes:

I-proceed to the identification, analysis, treatment and management of information strategic with views to the reduction of organizational risks, within the framework of the Office of the Revenue Revenue ;

II-promote investigations and research aimed at preventing and fighting fraud and irregular practices related to the previdual revenue activities ; and

III-promote the exchange with the competent bodies and entities for the realization of joint operations, with a view to coibir initiatives and actions that could cause eventual harm to social security and its insured and taxpayers.

Section III

Of The Collegiate Organs

Art. 20. The National Social Welfare Council, set up by the Law No. 8,213 of July 24, 1991, is to exercise the powers set out in specific regulation.

Art. 21. To the Social Security Resources Board, of which it treats art. 126 of Law No 8,213, 1991, competes for administrative jurisdiction and control of the decisions of the Registry of the Revenue Revenue and the INSS, in the processes of interest of taxpayers and beneficiaries of the General Social Welfare Regime.

Art. 22. To the Supplementary Pension Management Board it is up to exercise the skills set out in specific regulation, to be detailed as per the art. 74 of the Supplementary Law no 109 of May 29, 2001.

CHAPTER IV

OF THE ALLOCATIONS OF LEADERS

I Section

From the Executive Secretary

Art. 23. To the Executive Secretary it is incumbent:

I-co-ordinate, consolidate and submit to the Minister of State the global action plan of the Ministry ;

II-supervise and evaluate the execution of the projects and activities of the Ministry ;

III-supervising and coordinating the articulation of the organs of the Ministry with the organs central systems of the systems, affecting the area of competence of the Secretariat-Executiva; and

IV-exercise other assignments that are committed to it by the Minister of State.

Section II

Of Secretaries and Too Leaders

Art. 24. The Secretaries must plan, direct, coordinate, guide and monitor the execution, monitor and evaluate the activities of their respective units and exercise other assignments that are committed to them in internal regiment.

Art. 25. To the Head of Office of the Minister of State, the Legal Advisor, the Under-Secretary, the Directors, the Presidents of the Councils and the other leaders is to plan, direct, coordinate and guide the execution of the activities of the respective units and carry out other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

DAS GENERAL PROVISIONS

Art. 26. The posts in committee of the Group-Direction and Superior-DAS, members of the structure of the Revenue Coordination-General of the Office of the Revenue Revenue and its decentralized units, will be provided exclusively by servers occupants of effective posts pertaining to the framework of the Ministry and the INSS.