Law No. 11,350, Of 5 October 2006

Original Language Title: Lei nº 11.350, de 5 de Outubro de 2006

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Law No. 11.350, OF 5 OCTOBER 2006
Regulates § 5 of art. 198 of the Constitution provides for the personal use supported by the sole paragraph of art. 2 of Constitutional Amendment No. 51 of 14 February 2006, and other measures.
I do know that the PRESIDENT OF THE REPUBLIC adopted the Provisional Measure No. 297, 2006 Congress approved, and I, Renan Calheiros, President of the National Congress Bureau for the purposes of art. 62 of the Federal Constitution, as amended by Constitutional Amendment No. 32, combined with art. 12 Resolution No. 1, 2002-CN, promulgate the following law:
Art. 1 The activities of Community Health Agent and Combat Endemic Agent, become governed by the provisions of this Law.
Art. 2 The exercise of Community Agent activities Health and Combat Agent to Endemic Diseases, under this Act, will give exclusively on the Unified Health System - SUS, in the implementation of the federal agencies responsible for activities by direct link between these agents and agency or entity of the direct administration, local government or foundation.
Art. 3 The Community Health Agent has the task exercise disease prevention activities and health promotion, through home actions or community, individual or collective, developed in accordance with the guidelines of SUS and under the supervision of the municipal manager, district, state or federal.
Sole paragraph. activities are considered the Community Health Agent in their area:
I - the use of instruments for diagnosis demographic and socio-cultural community;
II - the promotion of education activities for individual and collective health;
III - the record, for the sole purpose of control and planning of health actions, births, deaths, diseases and other health problems;
IV - the encouragement of community participation in public policies for health;
V - conducting periodic home visits to monitor risk situations to the family; and
VI - participation in actions that strengthen the links between the health sector and other policies that promote quality of life.
Art. The 4th to Combat Endemic agent has the task the exercise of surveillance, prevention and control of diseases and health promotion, developed in accordance with the guidelines of SUS and under the supervision of each federal entity manager.
Art. 5 The Ministry of Health shall regulate the activities of disease prevention, health promotion, control and surveillance referred to the arts. 3 and 4 and establish the parameters of the planned courses in items II of art. 6 and I of art. 7, subject to the national curriculum guidelines set by the National Council of Education.
Art. 6. The Community Health Agent must meet the following requirements for the exercise of the activity:
I - reside in the community area in which to act, from the date of publication of the public selection process announcement;
II - have concluded with success introductory course in initial and continuing education;
and III - have completed elementary school.
§ 1 does not apply the requirement referred to in Item III to that on the date of publication of this Law, are exercising their own activities Community Health Agent.
§ 2 It is the federal entity responsible for implementing the definition programs the geographical area referred to in item I, subject to the parameters established by the Ministry of Health.
Art. 7 The Endemic to Combat Agent must meet the following requirements for the exercise of the activity:
I - have concluded with success introductory course in initial and continuing education;
and II - have completed elementary school.
Sole paragraph. Not apply the requirement referred to in item II to that on the date of publication of this Law, they are exercising their own activities to Combat Endemic Agent.
Art. 8 The Community Health Agents and the Battle agents to Endemic accepted by local SUS managers and the National Health Foundation - FUNASA, as provided in § 4 of art. 198 of the Constitution, are subject to the legal regime established by the Consolidation of Labor Laws - CLT, unless, in the case of States, the Federal District and the municipalities, the local law provides otherwise.

Art. 9 Hiring of Community Health Agents and the Endemic Combat agents should be preceded by a public selection process of tests or of tests and titles, according to the nature and complexity of its duties and requirements for the performance of activities, that meets the principles of legality, impersonality, morality, publicity and efficiency.
Sole paragraph. It will be up to the bodies or entities of the direct administration of the State, Federal District or the municipalities examine in each case, the existence of previous public selection process, for the purpose of exemption referred to in paragraph of art. 2 of Constitutional Amendment No. 51 of 14 February 2006, considering the understanding that it has been carried out in compliance with the principles referred to above.
Art. 10. The government only may unilaterally terminate the contract of the Community Health Agent or the Combat Endemic agent, according to the legal regime of work adopted, the occurrence of the following events:
I - practice of lack grave, among those listed in art. 482 of the Consolidation of Labor Laws - CLT;
II - illegal accumulation of offices, positions or public functions;
III - need for staff reduction, by over-spending, under Law 9801 of June 14, 1999; or
IV - performance failure, determined in procedure in which ensure at least a hierarchical resource with suspensive effect, to be enjoyed in thirty days, and prior knowledge of the minimum standards required for the continuity of the employment relationship, mandatorily established in accordance with the peculiarities of the activities performed.
Sole paragraph. In the case of Community Health Agent, the contract may also be terminated unilaterally in the event of non-compliance with the provisions of Part I of Art. 6, or because of false residence statement presentation.
Art. 11. It is created at the National Foundation Personnel Board of Health - FUNASA, Table Supplemental Combating Endemic Diseases to promote, within the SUS, complementary actions of epidemiological surveillance and combat endemic diseases in accordance with section VI and paragraph single art. 16 of Law 8080 of 19 September 1990.
Sole paragraph. To Table Supplemental the caput applies, as applicable, in addition to the provisions of this Law, the provisions of Law No. 9,962, of February 22, 2000, fulfilling working day of forty hours per week.
Art. 12. The professionals effective position of non-occupants organ or federal government entity that, on 14 February 2006, for whatever reason, were in the performance of combat endemic activities under FUNASA is ensured waiver submit to public selection process referred to in § 4 of art. 198 of the Constitution, provided that they have been taken from previous public selection process conducted by FUNASA, or by another institution, under the effective supervision of FUNASA and by respecting the principles referred to in the caput of art. 9th.
§ 1 Act of the Ministers of Health and the Control and Transparency Committee set up in order to certify the regularity of the selection process for the purposes of the exemption provided in the caption.
§ 2 The Committee shall consist of three representatives of the Federal Internal Control Secretariat of the Comptroller General, one of whom shall preside, the Internal Control of Special Advisor to the Ministry of Health and the Head of Internal Audit of FUNASA.
Art. 13. Combat Endemic agents to members of the Supplementary Table referred to in art. 11 may be made available to the States, the Federal District and the municipalities, under the SUS, by agreement, or associated management of public services by public consortium contract, in accordance with Law 11,107 of 6 April 2005 maintained the linkage to FUNASA and without prejudice to their rights and benefits.
Art. 14. The local manager of SUS responsible for hiring professionals of this law provides for the creation of jobs or government jobs and other aspects of the activity, subject to local specificities.
Art. 15. five thousand, three hundred sixty-five government jobs to Combat Endemic Agent are hereby created under the Supplementary Table referred to in art. 11, with monthly salary established in the form of Annex of this Law, whose expenditure shall not exceed the amount currently spent by FUNASA with hiring these professionals.

§ 1 FUNASA, within thirty days, will promote the framework of staff referred to in art. 12 in pay scales given in Annex of this Law, in classes and levels with equal salaries currently paid without spending increase.
§ 2 applies to occupants of jobs referred to above compensation field that deals with art. 16 of Law 8216 of 13 August 1991.
§ 3 will be up to the Department of Human Resources of the Ministry of Planning, Budget and Management discipline the development of occupants of public office referred to above in pay scales given in the Annex to this law.
Art. 16. It is forbidden to temporary or outsourced recruitment of Community Health Agents and Combat agents to Endemic Diseases, except in the case of fighting endemic outbreaks, in accordance with applicable law.
Art. 17. Professionals who, on the date of publication of this Law, exercise own activities of Community Health Agent and Combat Agent to Endemic Diseases linked directly to local managers of SUS or indirect administration entities, not invested in public office or position, and unreached by the sole paragraph of art. 9, may continue to perform these activities until it is completed the realization of a public selection process by federative entity in order to comply with the provisions of this Law.
Art. 18. Public jobs created within the FUNASA, pursuant to art. 15 and completed in accordance with this Act, shall be terminated when vacant.
Art. 19. The costs of developing public jobs referred to in art. 15 run to account for the appropriations for FUNASA, set out in the Federal Budget.
Art. 20. This Law shall enter into force on the date of its publication.
Art. 21 is repealed Law 10,507 of 10 July 2002.
Brasilia, June 9, 2006; 185th of Independence and 118th of the Republic.
Luiz Inácio Lula da Silva
José Agenor Alvares da Silva
Paulo Bernardo Silva
This text does not replace the one published in the Official Gazette of 6.10.2006.

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