DECREE NO 3,762, DE March 5, 2001
Regulates the Management Cycle Activity Gratification, the Securities Audit Activity Gratification, the Private Insurance Audit Activity Gratification, the Science and Technology Activity Performance Gratification and the Agri-animal Surveillance Activity Performance, and gives other provider.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso IV, of the Constitution, and in view of the provisions of the Provisional Measure No. 2.136-35 of February 23, 2001,
D E C R E T A:
Art. 1º The gratuities of which treat the arts. 8º, 13, 19 and 30 of Provisional Measure No. 2.136-35 of February 23, 2001 shall be due to the occupants of the following posts and careers that are in the situations described under this article:
I-Gratification of GCG Management Activity Performance:
a) Carrier of Finance and Control, when in exercise at the Ministry of Finance or in the organs and in the member units of Federal Financial Administration, Federal Accounting, Internal Control of the Executive Power Federal and the Federal Planning and Budget System ;
b) Planning and Budget Carrier and P-1501 Planning Technician of the P-1500 Group, when in exercise at the Ministry of Planning, Budget and Management, in the organs and units of the Planning and Budget System and the Federal Financial Administration, Federal Accounting and Internal Control Systems of the Federal Executive Power ;
c) Specialist career in Public Policies and Government Management, when in exercise in organs or entities of the Federal Executive Power in which there is prediction of lotation, as a result of the distribution of the global quantitative of the career positions by organ or entity of the Federal Executive Power, defined in act of the President of the Republic, in the performance of activities inherent in career assignments ;
d) Planning and Research Technician Cargo of the Institute for Applied Economic Research-IPEA, when in exercise at the Ministry of Finance, the Ministry of Planning, Budget and Management, the IPEA or the organs and units of the Scheduling and Budget Systems, Federal Financial Administration, Federal Accounting or Internal Control of the Federal Executive Power ;
e) IPEA top-level cargs, not referred to in the previous incision, when in exercise at the Ministry of Finance, the Ministry of Planning, Budget and Management, the IPEA or the organs and units of the Planning Systems and Budget and Federal Financial Administration, Federal Accounting or Internal Control of the Federal Executive Power, in the performance of activities of drawing up plans and public budgets ;
f) IPEA intermediate level loads, when in exercise at IPEA or in the Ministry of Planning, Budget and Management, in the performance of activities of direct support for drawing up public plans and budgets, in fixed quantitative in the act referred to in § 3º of the art. 2º of Law No. 9,625 of April 7, 1998 ; and
g) Carrier of Exterior Trade Analyst, when in exercise at the Ministry of Development, Industry and Foreign Trade, at the Ministry of Agriculture and Supply, at the Ministry of Finance in the Ministry of Planning, Budget and Management or in the Ministry of Foreign Affairs, in the performance of governmental management activities concerning the formulation, implementation, control and evaluation of foreign trade policies ;
II-Gratification of Securities Audit Activity Performance-GDCVM: Inspector and Analyst positions of the Securities Commission-CVM, when in exercise in the respective lotion entity ;
III-Gratification of Private Insurance Audit Activity-GDSUSEP: role of Technical Analyst of the Private Insurance Superintendency-SUSEP, when in exercise in the respective lotion entity ;
IV-Gratification of Science and Technology Activity Performance-GDACT: Research Carrier in Science and Technology, Technological Development Carrier, Management and Infrastructure Carrier in Science and Technology and higher level employees mentioned in art. 27 of Law No. 8,691 of July 28, 1993, when in exercise of activities inherent in their respective careers, in the organs and entities referred to in § 1º of the art. 1º of that same Law and in the Social Organisations, as provided for in Law No. 9,637 of May 15, 1998 ; and
V-Gratification of Agri-animal Surveillance Activity-GDAFA: A Career of Fiscal Federal Agrolivestock, when in exercise at the Ministry of Agriculture and Supply.
§ 1º In addition to the situations described in the incisos I to V of this article, the provisions of the arts should be observed. 10, 22, 23, 32 and 33 of the Provisional Measure No. 2.136-35, 2001.
§ 2º The said Gratifications are intended to encourage the enhancement of the actions of the organs and entities of the Federal Public Administration in the respective areas of activity and shall be granted in accordance with the outcome of the individual and institutional performance evaluations.
§ 3º The institutional performance evaluation aims to assess the collective performance within the reach of the targets in each organ or entity.
§ 4º The individual performance evaluation aims to assess the performance of the server in the exercise of the duties of the post, with a focus on the individual contribution to the reach of the goals of the body or entity.
Art. 2º The institutional performance targets will be fixed in act of the Minister of State to which the organs and entities that have in their Board of Personal Staff of the careers and the posts that make jus are bound the gratuities referred to in this Decree, drawn up in line with the targets set out in the Pluriannual Plan.
§ 1º In the specific case of GDACT, you should be observed what § 2º of the art has. 20 of the Provisional Measure No. 2.136-35, 2001, on the fixing of institutional targets.
§ 2º Institutional performance goals could be reviewed in the superveniency of factors that have significant and direct influence on their achievement.
§ 3º For the purposes of payment of the gratuities that it treats this Decree, they shall be defined, in the acts referred to in the caput and § 1º of this article, the minimum percentage of achieving the targets, in which the share of the said gratuities corresponding to the institutional evaluation will be equal to zero, and the percent from which it will be equal to one hundred percent, being the percentage of gratification distributed proportionally in that range.
Art. 3º The share of the gratification relative to the institutional performance evaluation will observe the limits set out in the Provisional Measure No. 2.136-35, 2001, and will be assigned depending on the scope of the performance targets institutional.
Art. 4º In the institutional and individual performance evaluations, the specific criteria and procedures and evaluation factors should be the subject of regulation of their own, exclaimed by the State Ministers of the organs originating from the posts and careers referred to in art. 1º, in accordance with the parameters set out in this Decree.
Art. 5º Individual performance evaluations should look at the following:
I-the average of the individual performance evaluations of the server set of each organ, entity or administrative unit may not be higher than the result of the respective institutional evaluation ; and
II-individual performance assessments should be made on a scale of zero to a hundred points, and must comply with the following:
a) the standard deviation should be greater than or equal to five and the arithmetic mean of the individual assessments should be less than or equal to ninety and five points, considered the set of assessments in each evaluation unit ; and
b) in the hypothesis of having evaluation unit with only one integral, their individual performance evaluation will not be able to exceed the ninety-five points.
Art. 6º For the purpose of those dealing with the letters "a" and "b" of the inciso II of the previous article, the evaluation units shall be defined by the maximum leader of the organs or the lotation entities of the servers, and may match:
I-to the server's own organ or exercise entity ;
II-to a subset of the organs and entities associated with the object activities of the performance gratifications, in their act of creation ;
III-to a subset of administrative units and linked entities of the server's exercise body ; and
IV-to a subset of administrative units of the server exercise entity.
Single Paragraph. The leader referred to in the caput shall define, for each evaluation unit, the person responsible for fulfilling the criteria set out in the art. 5º of this Decree.
Art. 7º Will be instituted performance evaluation committees, within the respective bodies or entities, for the purpose of juding the appeals interposed as to the outcome of the evaluation.
§ 1º The composition and operation form of the committees will be defined in act of the maximum leaders of the bodies and entities.
§ 2º The final score assigned to the performance evaluation, resulting from the committee's judgment, should meet the criteria set out in the art. 5º of this Decree.
§ 3º It is still up to the performance evaluation committee to propose, in the criteria and procedures set forth for the individual performance evaluation, the changes deemed necessary for its best application, observed the willing in this Decree.
Art. 8º Individual and institutional performance evaluations will be conducted semester and processed in the month subsequent to that of achievement.
§ 1º The periodicity of assessments may be reduced depending on the peculiarities of each organ or entity, by means of act of its maximum leader.
§ 2º The individual evaluation will have financial effects only if the server has remained in exercise for at least two thirds of a full period of assessment.
Art. 9º The outcome of the assessments will have a monthly financial effect, per period equal to that of the assessment, starting in the month subsequent to the processing.
Single Paragraph. The financial effect of the first evaluation may be greater than the evaluation period, observed the provisions of § 1º of the art. 58 of Provisional Measure No. 2.136-35, 2001.
Art. 10. In case of removal deemed to be effective exercise, without prejudice to remuneration and entitled to the perception of the respective gratification, the server will continue to realize the value to which it makes jus in the current period, until its processing is processed. first evaluation after return.
Single Paragraph. The provisions of the caput of this article does not apply to the cases of assignment.
Art. 11. Until it is processed the first individual performance evaluation that will come out of financial effects, as set out in § 2º of the art. 8º of this Decree, the newly appointed server will receive the respective gratification in the value corresponding to fifty per cent on the maximum value of the individual instalment, applying for the institutional evaluation of the period.
Art. 12. The acts necessary for the implementation of this Decree should be edited until June 30, 2001.
Art. 13. From the month of commencement of the implementation of the assessments in the organ or entity and up to the month subsequent to its completion, the gratuities to which the art refers. 1º of this Decree will be paid in accordance with the percentage defined in art. 58 of Provisional Measure No. 2.136-35, 2001, incidents on the basic salary of each server, and the difference shall be offset in the first month of financial effect of this first evaluation.
Single Paragraph. For the purposes of the compensation referred to in caput, as a calculation basis, the result of the first implementation period of the evaluations shall be used.
Art. 14. The server who, in the first period of implementation of the assessments in the organ or entity, has not complied with the intersttice provided for in § 2º of the art. 8º of this Decree, by virtue of removal without prejudice to remuneration and entitled to the perception of gratification, will make jus, in the period of financial effects of that first assessment, to the respective gratification in the percentage set out in the article prior.
Art. 15. The gratuities to which this Decree refers will be granted to servers with hourly cargo of forty weekly hours, unless various provisions in specific law are provided.
Art. 16. Until it is edited the act referred to in paragraph "c" of the inciso I do art. 1º of this Decree, you will consider, for the purposes of entitlement to GCG's perception, the exercise in organs or entities of the Federal Executive Power and the Quantitative established by the Supervisory Body of the Carrier of Experts in Public Policies and Management Governmental.
Art. 17. This Decree shall enter into force on the date of its publication.
Brasilia, March 5, 2001 ; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Marcus Vininicius Pratini of Moraes
Alcides Lopes Tapies
Ronaldo Mota Sardenberg