LEI No. 11,350, DE October 5, 2006.

Regulation the § 5th article of art. 198 of the Constitution, it has on the use of personnel amidated by the single paragraph of art. 2nd of Constitutional Amendment No 51, February 14, 2006, and gives other arrangements.

I do know that the PRESIDENT OF THE REPUBLIC adopted the 2006 Provisional Measure No. 297, which Congress National has approved, and I, Renan Calheiros, Chairman of the Bureau of the National Congress, for the effects of the art. 62 of the Federal Constitution, with the essay given by Constitutional Amendment No 32, combined with art. 12 of Resolution No. 1, of 2002-CN, promulgated the following Law:

Art. 1st Community Actor and Combat Agent activities for Endemies, they pass under the provisions of this Act.

Art. 2nd The exercise of the activities of Community Health and Combat Agent at the Endemias, under this Act, will be exclusively within the framework of the Single Health System-SUS, in the execution of the activities of responsibility of the federated ones, upon direct link between the said Agents and the body or entity of the direct, municipal or foundational administration.

Art. 3rd The Community Health Agent has as an assignment the exercise of activities of prevention of disease and health promotion, upon house or community actions, individual or collective, developed in accordance with SUS guidelines and under supervision of municipal, district, state or federal manager.

Single Paragraph. Are considered activities of the Community Health Agent, in your area of acting:

I-the use of instruments for demographic and socio-cultural diagnosis of the community ;

II-the promotion of education actions for individual and collective health ;

III-the registration, for exclusive purposes of control and planning of health actions, from births, death, disease and other health aggravation ;

IV-the stimulus to community participation in public policies aimed at the area of health ;

V-the realization of periodic home visits for monitoring of risk situations at family ; and

VI-participation in actions that strengthen links between the health sector and other policies that promote the quality of life.

Art. 4th The Endemian Combat Agent has as an assignment the exercise of surveillance, disease prevention and control activities and health promotion, developed in accordance with SUS guidelines and under supervision of the manager of each federated.

Art. 5th The Ministry of Health will discipline the activities of disease prevention, promotion of the health, control and surveillance to which the arts refer. 3rd and 4th and shall establish the parameters of the courses provided in the incisos II of the art. 6th and I do art. 7th, observed national curricular guidelines defined by the National Board of Education.

Art. 6th The Community Health Agent must fulfill the following requirements for the exercise of the activity:

I-reside in the area of the community in which to act, from the date of the publication of the process edition public selectivity ;

II-haver completed, with exploitation, introductory course of initial and continuing training ; and

III-haver completed fundamental education.

§ § You shall not apply for the requirement referred to in inciso III to those on the date of publication of this Law, be exercising own activities of Community Health Agent.

§ 2nd Compete to the federative liver responsible for the implementation of the programmes the definition of the area geographical referred to the inciso I, observed the parameters established by the Ministry of Health.

Art. 7th The Endemic Combat Agent must fulfill the following requirements for the exercise of the activity:

I-haver completed, with exploitation, introductory course of initial and continuing training ; and

II-haver completed fundamental education.

Single Paragraph. It does not apply to the requirement referred to inciso II to those who, on the date of publication of this Act, are exercising proprietor's own activities of Combat to Endemies.

Art. 8th Community Agents of Health and Combat Agents to Endemies admitted by the local managers of SUS and the National Health-FUNASA Foundation in the form of the provisions of § 4th Art. 198 of the Constitution, submit to the legal regime established by the Consolidation of Labor Laws-CLT, unless, in the case of States, the Federal District and the Municipalities, local law disposes in a diverse manner.

Art. 9th The hiring of Community Agents of Health and Combat Agents to Endemies should be preceded by public selective prosecution of evidence or evidence and securities, in accordance with the nature and complexity of their assignments and specific requirements for the exercise of activities, which meet the principles of legality, impersonality, morality, advertising and efficiency.

Single Paragraph. It shall be for the organs or likees of the direct administration of the States, the Federal District or the Municipalities to certify, in each case, the existence of previous public selection procedure, for the purpose of the dispensation referred to in the single paragraph of the art. 2nd of Constitutional Amendment No 51 of February 14, 2006, considering how such the one that has been carried out with observance of the principles referred to in the caput.

Art. 10. The public administration will only be able to unilaterally terminate the contract of the Community Health Officer or Combat Agent to Endemias, in accordance with the legal regime of adopted work, in the occurrence of one of the following hypotheses:

I-practice of serious misuse, among those listed in art. 482 of the Consolidation of Labor Laws-CLT ;

II-illegal accumulation of posts, jobs or public functions ;

III-need for personnel framework reduction, for excess expenditure, under the Act in the 9,801, of June 14, 1999 ; or

IV-performance insufficiency, ascertained in procedure in which to ensure at least one resource hierarchical endowed effect, which will be enjoyed in thirty days, and the prior knowledge of the minimum standards required for the continuity of the employment relationship, necessarily established in accordance with the peculiarities of the activities exercised.

Single Paragraph. In the case of the Community Health Agent, the contract can also be terminated unilaterally in the non-service assumption to the willing on the inciso I of the art. 6th, or in function of filing false declaration of residence.

Art. 11. It is set up, in the Personnel Framework of the National Health-FUNASA Foundation, Complementary Framework to Endemies, intended to promote, within the framework of SUS, complementary actions of epidemiological surveillance and combating endemies, in the terms of the inciso VI and single paragraph of art. 16 of Law No 8,080 of September 19, 1990.

Single Paragraph. To The Supplementary Table that it treats the caput applies, in what couber, in addition to the provisions of this Act, the provisions of the Law No 9,962 of February 22, 2000, fulfilling the journey of work of forty hours weekly.

Art. 12. To non-occupiers of effective office in organ or entity of the federal public administration who, on February 14, 2006, at any title, found themselves in the performance of endemic combat activities within FUNASA is ensured to dispensation from submitting to the public selective procedure referred to in § 4th of art. 198 of the Constitution, provided that they have been hired from the previous public selection process effected by FUNASA, or by another institution, under the effective supervision of FUNASA and upon observance of the principles to which the caput is referred of the art. 9th.

§ 1st joint Act of the Ministers of State for Health and Control and Transparency will institute commission for the purpose of attesting the regularity of the selective process for purposes of the dispensation provided for in the caput.

§ 2nd The commission will be integrated by three representatives of the Federal Bureau of Internal Control of the Controller-General of the Union, one of which shall chair, by the Special Assessor of Internal Control of the Ministry of Health and by the Head of Internal Audit of FUNASA.

Art. 13. The Agents for Combating Integral Endemiers of the Supplementary Board to which the art refers. 11 may be made available to the States, the Federal District and the Municipalities within the framework of the SUS, upon convention, or for associated public service management, upon contract of public consortium, pursuant to the Act No 11,107 of 6 of april 2005, maintained the linking to FUNASA and without prejudice to the respective rights and advantages.

Art. 14. The local SUS manager responsible for hiring the professionals that it treats this Act will have on the creation of the posts or public jobs and other aspects inherent in the activity, observed local specificities.

Art. 15. Five thousand, three hundred and sixty-five public jobs of Combat Agent to Endemies are set up under the Supplementary Framework referred to in art. 11, with monthly retribution set out in the form of the Annex of this Act, whose expense will not exceed the value currently spent by FUNASA with the hiring of these professionals.

§ 1st A FUNASA, in up to thirty days, will promote the framework of the personnel dealing with art. 12 in the salary table constant of the Annex of this Act, in classes and levels with wages equal to those currently paid, with no increase in expense.

§ 2nd Applies to the occupants of the jobs referred to in the caput the field compensation of which it treats the art. 16 of Law No 8,216 of August 13, 1991.

§ 3rd Caberá to the Office of Human Resources of the Ministry of Planning, Budget and Management to discipline the development of the occupants of the public jobs referred to in the caput in the wage table set out in the Annex to this Act.

Art. 16. It is vetoed the temporary or outsourced hiring of Community Agents of Health and Combat Agents to Endemies, save in the hypothesis of combating endemic outbreaks, in the form of applicable law.

Art. 17. Professionals who, on the date of publication of this Act, exercise own activities of Community Health Officer and Combat Agent to Endemies, linked directly to SUS local managers or indirect administration entities, do not invested in office or public employment, and not achieved by the provisions of the single paragraph of art. 9th, you will be able to remain in the exercise of these activities, until the realization of public selective process by the federative one is completed, with a view to compliance with the provisions of this Act.

Art. 18. The public jobs created under FUNASA, as laid out in the art. 15 and filled under the terms of this Act, will be extinguished, when vacant.

Art. 19. The expenses arising from the creation of the public jobs to which the art refers. 15 shall run to the account of appropriations earmarked for FUNASA, which is set out in the General Budget of the Union.

Art. 20. This Act shall enter into force on the date of its publication.

Art. 21. It is repealed the Law No 10,507 of July 10, 2002.

Brasilia, June 9, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Jose Agenor Álvares da Silva

Paulo Bernardo Silva

This text does not replace the published in the D.O.U. of 10/6/2006.