Law No. 10475, Of 27 June 2002

Original Language Title: Lei nº 10.475, de 27 de Junho de 2002

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LEI No. 10,475, DE June 27, 2002

Changes devices from Law No. 9,421 of December 24, 1996, and restructure the careers of the Union Judiciary Power's servers.

THE PRESIDENT OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º The arts. 7º and 9º of Law No. 9,421 of December 24, 1996, pass vigorously with the following essay:

" Art. 7º The development of the servers in the careers that it treats this Act will give to functional progression and promotion.

§ 1º The functional progression is the motion of the server from a standard to the following, within a same class, observed the minimum interstum of 1 (one) year, with the periodicity provided for in regulation, under the criteria laid down therein and in accordance with the result of formal performance evaluation.

§ 2º The promotion is the server motion of the last standard of a class to the first standard of the following class, observed the minimum interstum of 1 (one) year in relation to the immediately prior functional progression, depending, cumulatively, the result of formal evaluation of the performance and the ongoing participation of enhancement, action or programme of empowerment, in the form provided for in regulation

§ 3º Are vetoed promotion and functional progression during the probationary period, fining which will be granted to the approved server the functional progression to the standard 4º (fourth) standard of the respective career. " (NR)

" Art. 9º Integrate still the Personnel Frames referred to in art. the Commissioned Functions, scaled from FC-1 to FC-6, and the Cargos in Commission, staggering from CJ-1 to CJ-4, for the exercise of driving assignments, heads and advising.

§ 1º Each Judicial Power organ will, at the very least, target 80% (eighty per cent) of the total commissioned functions to be exercised by integral servers of the Union Judicial Careers, designating for the remaining exclusively occupiers of effective prosecution positions that do not integrate these careers or who are public jobs holders, observed the requirements of qualification and experience provided for in regulation.

§ 2º At least 50% (fifty per cent) of the positions in commission referred to in the caput, within each body of the Judiciary Branch, will be intended for integral servers of the Union's judicial careers, in the manner provided for in regulations. " (NR)

Art. 2º It is vetoed the creation of public employment whose assignments coincide with those provided for the Judicial Careers, as well as the outsourcing or indirect execution of these assignments.

Art. 3º The actual posts of the careers of Judiciary, Judicial Technician and Judicial Analyst, to which the art is referred. 2º of Law No. 9,421 of December 24, 1996, are restructured in the form of Annex I, by observing for the framework of the servers the correlation set out in Annex II.

Art. 4º The basic salaries of the posts of Judicial Careers shall become the constants of Annex III.

Art. 5º The remuneration of the Commissioned Functions and the Cargos in Commission that it treats the art. 9º of Law No. 9,421 of December 24, 1996 is the constant of Annexes IV and V.

§ 1º The server invested in Commissioned Function may opt for the remuneration of his / her effective post or permanent employment, plus the values listed in Annex VI.

§ 2º The appointed server for Cargo in Commission may opt for the remuneration of his or her effective office or permanent employment, plus the values listed in Annex VII.

Art. 6º To the servers of the Judicial Careers, assets or inactives, and to pensioners will be due installment, by way of individual difference, in the value equal to that of the eventual decrease resulting from the application of this Act in its remuneration or provenance.

Art. 7º It gets extinct the Additional Judiciary Pattern-APJ, of which they treat art. 8º and the art. 14, II, of Law No. 9,421 of December 24, 1996.

Art. 8º The -GAJ Judicial Activity Gratification, the one referred to as art. 13 of Law No. 9,421 of December 24, 1996, is to be calculated by applying the percentage of 12% (twelve per cent), incident on the basic maturities set out in art. 4º, Annex III, of this Act.

Single Paragraph. The servers reciprocated by the remuneration of the Commissioned Function and the Cargo in Commission, constants of Annex IV and V of this Act, and the no effective bond with the Public Administration will not realize the gratification that it treats this article.

Art. 9º The organs of the Union Judiciary Branch are allowed to transform, without increased expense, within the scope of their competencies, the Commissioned Functions and the Cargos in Commission of their Personnel Framework, vedeed to function transformation in office or vice versa.

Art. 10. It is up to the Federal Supreme Court, the Higher Courts, the Federal Court of Justice and the Federal District Court of Justice and Territories, within the framework of their powers, to lower the regulations necessary for the application of this Act, seeking the uniformity of criteria and procedures.

Art. 11. The provisions of this Act apply to retirees and pensioners.

Art. 12. The situations constituted up to the date of publication of this Act shall be kept.

Art. 13. The difference between the remuneration fixed by this Act and the one arising from Law No. 9,421 of December 24, 1996, shall be implemented in successive, non-cumulative installments, observed as follows:

I-25% (twenty-five per cent), as of 1º June 2002 ;

II-45% (forty-five per cent), as of 1º June 2003 ;

III-75% (seventy-five per cent), as of 1º January 2004 ; and

IV-in full, as of 1º January 2005.

Single Paragraph. It shall not apply to parcels provided for in this article the provisions of art. 3º of Law No. 10,331 of December 18, 2001.

Art. 14. The effectiveness of the provisions in this Act is conditional on the fulfillment of § 1º of the art. 169 of the Federal Constitution and the relevant standards of Supplementary Law No. 101 of May 4, 2000.

Art. 15. The expenses resulting from the implementation of this Act will run into the account of the budgetary appropriations earmarked for the organs of the Union's Judiciary Branch.

Art. 16. This Act shall enter into force on the date of its publication.

Art. 17. The arts are revoked. 3º, 8º and 14 of Law No. 9,421 of December 24, 1996.

Brasilia, June 27, 2002 ; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Miguel Reale Junior

ANNEX I-JUDICIAL CAREERS

CAREER

CLASS

STANDARD

AREA

JUDICIAL ANALYST

C

15

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

13

12

11

B

10

9

8

7

6

A

5

4

3

2

1

JUDICIAL TECHNICIAN

C

15

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

13

12

11

B

10

9

8

7

6

A

5

4

3

2

1

JUDICIAL AUXILIARY

C

15

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

13

12

11

B

10

9

8

7

6

A

5

4

3

2

1

ANNEX II-TABLE TABLE

PREVIOUS SITUATION

NEW SITUATION

CAREER

CLASS

STANDARD

STANDARD

CLASS

CAREER

JUDICIAL ANALYST

C

35

15

C

JUDICIAL ANALYST

34

14

33

13

32

12

31

11

B

30

10

B

29

9

28

8

27

7

26

6

A

25

5

A

24

4

23

3

22

2

21

1

JUDICIAL TECHNICIAN

C

25

15

C

JUDICIAL TECHNICIAN

24

14

23

13

22

12

21

11

B

20

10

B

19

9

18

8

17

7

16

6

A

15

5

A

14

4

13

3

12

2

11

1

JUDICIAL AUXILIARY

C

15

15

C

JUDICIAL AUXILIARY

14

14

13

13

12

12

11

11

B

10

10

B

9

9

8

8

7

7

6

6

A

5

5

A

4

4

3

3

2

2

1

1

ANNEX III-MATURITIES TABLE (R$)

CAREER

CLASS

STANDARD

MATURITY

AREA

JUDICIAL ANALYST

C

15

4,959.69

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

4,792.96

13

4,631.83

12

4,476.11

11

4,325.63

B

10

4,180.22

9

4,039.68

8

3,903.88

7

3,772.64

6

3,645.81

A

5

3,523.24

4

3,404.80

3

3,290.34

2

3,179.72

1

3,072.83

JUDICIAL TECHNICIAN

C

15

2,969.52

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

2,869.70

13

2,773.22

12

2,679.99

11

2,589.90

B

10

2,502.83

9

2,418.69

8

2,337.38

7

2,258.80

6

2,182.86

A

5

2,109.48

4

2,038.56

3

1,970.03

2

1,903.80

1

1,839.80

JUDICIAL AUXILIARY

C

15

1,777.95

ADMINISTRATIVE JUDICIAL SUPPORT SPECIALIZED GENERAL SERVICES

14

1,718.18

13

1,660.42

12

1,604.60

11

1,550.65

B

10

1,498.52

9

1,448.15

8

1,399.46

7

1,352.41

6

1,306.95

A

5

1,263.01

4

1,220.55

3

1,179.52

2

1,139.87

1

1,101.55

ANNEX IV-COMMISSIONED FUNCTIONS

FUNCTION

VALUE R$

FC-06

4,679.90

FC-05

3,400.43

FC-04

2,954.90

FC-03

2,100.64

FC-02

1,805.10

FC-01

1,552.43

ANNEX V-POSTS IN COMMISSION

FUNCTION

VALUE R$

CJ-4

7,714.03

CJ-3

6,833.35

CJ-2

6,011.05

CJ-1

5,244.79

ANNEX VI-DESIGNATED SERVERS FOR OPTING COMMISSIONED FUNCTIONS

BY REMUNERATION OF EFFECTIVE OFFICE OR PERMANENT EMPLOYMENT

FUNCTION

VALUE R$

FC-06

1,774.30

FC-05

1,508.19

FC-04

1,241.28

FC-03

975.17

FC-02

768.29

FC-01

591.43

ANNEX VII-SERVANTS APPOINTED TO POSITIONS IN OPTING COMMISSION

BY REMUNERATION OF EFFECTIVE OFFICE OR PERMANENT EMPLOYMENT

FUNCTION

VALUE R$

CJ-4

2,957.17

CJ-3

2,661.05

CJ-2

2,365.73

CJ-1

2,069.61