Provisional Measure No. 1,999-14, January 13 2000

Original Language Title: Medida Provisória nº 1.999-14, de 13 de Janeiro de 2000

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interim measure No. 1.999-14, of January 13, 2000.

Amend devices of Law No. 9,649 of May 27, 1998, which it has on the organization of the Presidency of the Republic and the Ministries, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Provisional Measure, as force of law:

Art. 1º Law No. 9,649 of May 27, 1998 passes vigorously with the following changes:

?Art. 1º The Presidency of the Republic consists of, essentially, the Civil House, the General Secretariat, the Government Communication Registry and the Institutional Security Office.

§ 1º Integrate the Presidency of the Republic as an organs of immediate advising to the President of the Republic:

I-the Council of the Government ;

II-the Solicitor-General of the Union ;

III-the Special Secretary for Urban Development ; and

IV-the Office of the President of the Republic ;

.................................................................................................................................................? (NR)

?Art. 2º The Civil House of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, especially in the coordination and integration of the Government's actions, in constitutionality and lawfulness of presidential acts, in the analysis of merit, opportunity and compatibility of proposals with government guidelines, as well as supervising and executing the administrative activities of the Presidency of the Republic and supplements the Vice Presidency of the Republic, having as basic structure the Council Program Solidary Community, the Deliberative Council of the Amazon Protection System, the Cabinet, two Secretaries, being an Executive, up to two subchefias, and an Internal Control organ.? (NR)

?Art. 3º To the General Secretariat of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, to carry out political coordination of the Government, the relationship with the National Congress, the interlocation with the states, the Federal District and the Municipalities, political parties and civil society entities, having as basic structure the Cabinet, the Subsecretarial-General and even two Secretaries.? (NR)

?Art. 4º The Government Communication Registry of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, especially in the matters relating to the communication and disclosure policy social government and the deployment of information programs, by providing them with the coordination, supervision and control of the advertising of the organs and entities of the Federal Public Administration, directly and indirectly, and of societies under Union control, and call for mandatory radio and television networks, having as basic structure the Cabinet and up to three Secretaries.? (NR)

?Art. 5º The Special Secretary for Urban Development of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, especially in formulating and coordinating national policies of urban development, and promotion, in articulation with the various spheres of government, with the private sector and non-governmental organizations, actions and programmes of urbanization, housing, basic sanitation and urban transport, having as basic structure the Cabinet and up to three Secretaries.? (NR)

?Art. 6º The Office of the Institutional Security of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, to prevent the occurrence and to articulate crisis management, in the event of serious and imminent threat to institutional stability, carry out personal advising on military affairs, coordinate federal intelligence and communications security activities, take care of the personal security of the Head of State, of the Vice President of the Republic, and their relatives, of the holders of the essential organs of the Presidency of the Republic, and of other authorities or personalities when determined by the President of the Republic, as well as the security of presidential, having as basic structure the National Anti-Drug Council, the Brazilian Intelligence Agency-ABIN, the National Antidrug Registry, the Cabinet, a Registry and a Subleadership.

§ 1º Compete, still, to the Office of Institutional Security, to coordinate and integrate the Government's actions in the aspects related to the activities of prevention and repression to illicit trafficking, misuse and unauthorized production of narcotic substances and drugs that cause addiction, as well as those related to the treatment of dependents.

§ 2º The National Anti-Drug Office will perform the activities of the National Anti-Drug Council's Executive Offices.

§ 3º Until the new members are assigned and installed the National Anti-Drug Council, to the application of the resources of the National Anti-Drug Fund-FUNAD will be made by the National Antidrugs Registry, ad referendum of the collegiate, upon permission of your President. (NR)

?Art. 7º .....................................................................................................................................

I-Council of Government, integrated by the Ministers of State, by the holders of the essential bodies of the Presidency of the Republic and the Advocate General of the Union, which shall be chaired by the President of the Republic, or, for their determination, by the Head of the Civil House, and secretariat by one of the members for this purpose designated by the President of the Republic ;

II-Chambers of the Council of Government, to be set up in act of the Executive Power, with the purpose of formulating sectoral public policies, the scope of which exceeds the competencies of a single Ministry.

§ 1º To develop the executive actions of the Chambers mentioned in the inciso II, Executive Committees, whose composition and operation will be defined in act of the Executive Power, will be constituted.

................................................................................................................................................? (NR)

?Art. 11. ...................................................................................................................................

Single Paragraph. The National Defense Council and the Council of the Republic will have as Secretary-Executives respectively, the Head of the Institutional Security Office and the Chief of the Civil House.? (NR)

?Art. 13. The Ministries are as follows:

I-of Agriculture and Supply ;

II-of Science and Technology ;

III-of Communications ;

IV-of Culture ;

V-of Defense ;

VI-from Development, Industry and Exterior Trade ;

VII-of Education ;

VIII-of Sport and Tourism ;

IX-of the Farm ;

X-from National Integration ;

XI-of Justice ;

XII-of the Environment ;

XIII-of Mines and Energy ;

XIV-from Planning, Budget and Management ;

XV-from Agrarian Development ;

XVI-from Welfare and Social Care ;

XVII-of Foreign Affairs ;

XVIII-from Health ;

XIX-of Work and Employment ;

XX-of Transport.

Single Paragraph. They are Ministers of State the Titular of the Ministries, the Head of the Civil House, the Head of the Institutional Security Office, the Head of the General Secretariat and the Head of the Government Communication Office of the Presidency of the Republic.? (NR)

?Art. 14. The Affairs constituting area of competence of each Ministry are as follows:

I-Ministry of Agriculture and Supply:

a) agricultural policy, covering production, marketing, supply, storage and guarantee of minimum prices ;

b) production and promotion of agrolivestock, including fishing activities and hevekeeping ;

c) market, marketing and agri-livestock supply, including regulatory and strategic stocks ;

d) farm information ;

e) animal and plant health advocacy ;

f) supervision of inputs used in the agrolivestock activities and the provision of services in the sector ;

g) classification and inspection of animal and plant products and derivatives ;

h) protection, conservation and soil manure, aimed at the agricultural productive process and livestock farming ;

i) technological research in agriculture and livestock farming ;

j) meteorology and climatology ;

l) cooperativism and rural associativism ;

m) rural energization, agroenergy, including rural electrification ;

n) technical assistance and rural extension ;

the) policy on coffee, sugar and alcohol ;

p) planning and exercise of governmental action in the activities of the canavier agro-industrial sector ;

II-Ministry of Science and Technology:

a) national policy of scientific and technological research ;

b) planning, coordination, supervision and control of the activities of science and technology ;

c) policy of development of informatics and automation ;

d) national biosafel policy ;

e) spatial policy ;

f) nuclear policy ;

g) export control of sensitive goods and services ;

III-Ministry of Communications:

a) national telecommunications policy, including broadcasting ;

b) regulation, outoring and surveillance of telecommunications services ;

c) control and administration of the use of the spectrum of radiofrecencies ;

d) postal services ;

IV-Ministry of Culture:

a) national culture policy ;

b) protection of historical and cultural heritage ;

c) compliance with the provisions of the art. 68 of the Act of Transitional Constitutional Provisions ;

V-Ministry of Defence:

a) national defense policy ;

b) policy of military strategies ;

c) doctrine and employment planning of the Armed Forces ;

d) special projects of interest of national defence ;

e) strategic and operational intelligence of interest of the defense ;

f) military operations of the Armed Forces ;

g) International relationship of the Armed Forces ;

h) defense budget ;

i) military legislation ;

j) policy of national mobilization ;

l) policy of science and technology in the Armed Forces ;

m) social communication policy in the Armed Forces ;

n) policy on remuneration of the military and pensioners ;

(o) fosters research and development and production and export activities in areas of defence interest ;

p) acting of the Armed Forces in the preservation of public order, in combating cross-border or environmental offences, in civil defence and in national development ;

q) military logistics ;

r) military service ;

s) assistance to the health, social and religious of the Armed Forces ;

t) constitution, organization, effective, adestration and rushing of naval, terrestrial and area forces ;

u) national maritime policy ;

v) safety of air navigation and aquaviary traffic and safeguard of human life at sea ;

x) national aeronautical policy and acting in the national policy of development of aerospace activities ;

z) Aerospace, aeronautical and airport infrastructure ;

VI-Ministry of Development, Industria Trade Exterior:

a) policy of development of industry, trade and services ;

b) intellectual property and transfer of technology ;

c) metrology, standardization and industrial quality ;

d) exterior trade policies ;

e) regulation and execution of the programs and activities concerning foreign trade ;

f) application of commercial defence mechanisms ;

g) stakes in international negotiations concerning foreign trade ;

h) formulation of the policy of support for micro enterprise, small business and crafts company ;

i) execution of the registration and trade activities ;

VII-Ministry of Education:

a) national policy of education ;

b) child education ;

c) education in general, comprising fundamental education, high school, higher education, youth and adult education, vocational education, special education and distance education, except military education ;

d) evaluation, information and educational research ;

e) university research and extension ;

f) magister ;

VIII-Ministry of Sport and Tourism:

a) national policy of development of tourism and sports practice ;

b) promotion and dissemination of national tourism, in the Country and abroad ;

c) stimulates public and private initiatives to encourage tourism and sports activities ;

d) planning, coordination, supervision and evaluation of plans and programmes to encourage tourism and sports ;

IX-Ministry of Finance:

a) currency, credit, financial institutions, capitalization, popular savings, private insurance and open private foresight ;

b) policy, administration, supervision and tax and customs collection ;

c) financial administration, internal control, auditing and public accounting ;

d) administration of internal and external government debts ;

e) economic and financial negotiations with governments, multilateral bodies, and government agencies ;

f) prices in general and administrative public tariffs ;

g) surveillance and control of exterior trade ;

h) conduct of studies and research for monitoring the economic juncture ;

X-Ministry of National Integration:

(a) formulation and conduct of the integrated national development policy ;

b) formulation of regional development plans and programmes ;

c) establishment of strategies for integration of regional economies ;

d) establishment of the guidelines and priorities in the implementation of the resources of the funding programmes of which it treats the paragraph?c? of the inciso I of the art. 159 of the Federal Constitution ;

e) establishment of the guidelines and priorities in the application of the resources of the North-East Investment Fund, the Amazon Investment Fund-FINAM and the Economic Recovery Fund of the State of the Holy Spirit- FUNRES ;

f) establishment of standards for compliance with the funding programmes of the constitutional funds and the budgetary schedules of regional investment funds ;

g) monitoring and evaluation of integrated national development programmes ;

h) civil defence ;

i) works against droughts and water infrastructure ;

j) formulation and conduct of national irrigation policy ;

l) territorial ordination ;

m) public works on border strips ;

XI-Ministry of Justice:

a) defence of legal order, political rights and constitutional guarantees ;

b) judicial policy ;

c) rights of citizenship, rights of the child, the teenager, the Indians and minorities ;

d) entorsiness, public safety, transit, Federal Polities, Highway And Federal Railway and the Federal District ;

and) advocacy for the rights of persons with disabilities and promotion of their integration to community life ;

f) defense of the national economic order and consumer rights ;

g) planning, coordination and administration of the national penitentiary policy ;

h) nationality, immigration and foreigners ;

i) documentation, publication and archive of official acts ;

j) ouvidorial-general

l) hearing of federal policemen ;

m) legal, judicial and extrajudicial assistance integral and free, to those in need, so considered in law ;

XII-Ministry of the Environment:

a) national policy of the environment and water resources ;

b) policy of preservation, conservation and sustainable utilization of ecosystems, and biodiversity and forests ;

c) proposition of economic and social strategies, mechanisms and instruments for the improvement of environmental quality and the sustainable use of natural resources ;

d) policies for the integration of the environment and production ;

e) environmental policies and programs for the Legal Amazon ; and

f) ecological zoning-economemice;

XIII-Ministry of Mines and Energy:

a) geology, mineral and energy resources ;

b) utilization of hydraulic energy ;

c) mining and metallurgy ;

d) oil, fuel and electrical energy, including nuclear ;

XIV-Ministry of Planning, Budget and Management:

a) formulation of national strategic planning ;

b) assessment of the socio-economic impacts of Federal Government policies and programs and elaboration of special studies for policy reformulation ;

c) conduct of studies and research for monitoring of the socio-economic environment and management of national cartographic and statistical systems ;

d) elaboration, monitoring and evaluation of the multiannual plan of investments and annual budgets ;

e) viabilization of new sources of resources for government plans ;

f) formulation of guidelines, coordination of negotiations, monitoring and evaluation of external funding of public projects with multilateral bodies and government agencies ;

g) coordination and management of the federal planning and budget systems, civil personnel, organisation and administrative modernization, information resource administration and informatics and general services ;

h) formulation and guidelines and control of the management of state-owned enterprises ;

i) monitoring of the fiscal performance of the public sector ;

j) patrimonial administration ;

l) policy and guidelines for State Modernization ;

XV-Ministry of Agrarian Development:

a) agrarian reform ;

(b) promotion of the sustainable development of the rural segment made up of family farmers ;

XVI-Ministry of Social Welfare and Social Assistance:

a) Social foresight ;

b) supplemental foresight ;

c) social assistance ;

XVII-Ministry of Foreign Affairs:

a) international policy ;

b) diplomatic relations and consular services ;

c) participation in trade, economic, technical and cultural negotiations with governments and foreign entities

d) programmes of international cooperation ;

e) support for delegations, comitives and Brazilian representations in international and multilateral agencies and bodies ;

XVIII-Ministry of Health:

a) national health policy ;

b) coordination and surveillance of the Single Health System ;

c) environmental health and actions for promotion, protection and recovery of individual and collective health, including that of workers and Indians ;

d) health information ;

and) critical health insumps ;

f) preventive action in general, surveillance and sanitary control of borders and seaport, river and air ports ;

g) health surveillance, especially drugs, medicines and food ;

h) scientific research and technology in the area of health ;

XIX-Ministry of Labour and Employment:

a) policy and guidelines for the generation of employment and income and worker support ;

b) policy and guidelines for the modernization of working relationships ;

c) labour supervision, inclusive of port work, as well as the implementation of penalties provided for in legal or collective standards ;

d) wage policy ;

e) training and professional development ;

f) safety and health at work ;

g) immigration policy ;

XX-Ministry of Transport:

a) national policy on rail, road and aquaviary transport ;

b) merchant marine, ports and waterways ;

c) participation in the coordination of aerospace transport.

§ 1º In cases of public calamity or need of special population care, the President of the Republic will be able to have on the collaboration of the Ministries with the different levels of the Public Administration.

...........................................................................................................................................................

§ 5º Compete to the Secretaries of State:

I-of Human Rights, the one that refers to the inciso X of the art. 16:

a) rights of citizenship, rights of the child, the teenager and minorities ;

b) advocacy for the rights of persons with disabilities and promotion of their integration to community life ;

II-of Social Assistance to which the inciso XV of the art refers. 16:

a) social assistance policy ;

b) standardization, guidance, supervision and evaluation of the implementation of social assistance policy ;

§ 6º The jurisdiction assigned to the Ministry of National Integration that it deals with the paragraph?I?, inciso X, will be exercised in conjunction with the Ministry of Defense.

§ 7º The jurisdiction assigned to the Ministry of the Environment that it deals with the paragraph?f?, inciso XII, will be exercised in conjunction with the Ministry of Agriculture and Supply, Development, Industria and Foreign Trade and of the National Integration.

§ 8º The jurisdiction on the rights of Indians, assigned to the Ministry of Justice in paragraph?c?, inciso XI, includes the monitoring of the health actions developed for the benefit of Indigenous communities.

§ 9º The competence of which is the point?m? of the inciso I will be exercised by the Ministry of Agriculture and Supply, when based on resources from the Union General Budget, and by the Ministry of Mines and Energy, when based on resources linked to the National Electric System.? (NR)

?Art. 15. There will be, in the basic structure of each Ministry:

I-Executive-Executive, except in the Ministries of Defense and Foreign Affairs ;

...........................................................................................................................................................

§ 2º Caberá to the Executive Secretary, holder of the organ referred to in inciso I, in addition to the supervision and coordination of the members of the Ministry's structure, except from the State Secretaries, to perform the duties that he / are assigned by the Minister of State.

§ 3º There may be in the basic structure of each Ministry, linked to the Executive Officer, a body responsible for the activities of personnel administration, material, heritage, general services and budget and finance.? (NR)

?Art. 16. Integrate the basic structure:

I-from the Ministry of Agriculture and Supply the National Council on Agricultural Policy, the Deliberative Council of Coffee Policy, the Special Resource Commission, the Executive Board of the Plan of the Cacaueira Lavoura, the Institute National of Meteorology and up to four Secretaries ;

II-from the Ministry of Science and Technology the National Council of Science and Technology, the National Board of Informatics and Automation, the National Institute of Space Research, the Amazon National Institute of Research, the National Technology Institute, the National Technical Commission on Biosafeties and up to four Secretaries ;

III-from the Ministry of Communications to two Secretaries ;

IV-of the Ministry of Culture the National Council for Cultural Policy, the National Commission on Encouragement to Culture, the Film Commission and up to four Secretaries ;

V-from the Ministry of Defense, the Military Defense Council, the Navy Command, the Army Command, the Command of the Aeronautics, the Defence Staff, the Higher School of War, the Armed Forces Hospital, the Center for Cataloguing of the Armed Forces, the Brazilian Representation in the Inter-American Defense Junta, up to three Secretaries and an Internal Control organ ;

VI-from the Ministry of Development, Industria and Foreign Trade the National Council of Metrology, Normalization and Industrial Quality, the National Board of Export Processing Zones and up to four Secretaries ;

VII-of the Ministry of Education the National Board of Education, the Benjamin Constant Institute, the National Institute for Deaf Education and up to five Secretaries ;

VIII-of the Minister of Finance the National Monetary Council, the National Finance Policy Board, the National Financial System Resources Board, the National Private Insurance Council, the System Resources Board National Private Insurance, Private Pension Open to Capitalization, the Financial Activities Control Board, the Upper House of Tax Resources, the Internal Control Coordination Commission, the 1º, 2º and 3º Councils Contributors, the Director Board of the Export Guarantee Fund-CFGE, the Brazilian Nomenclature Committee, the Credits Committee on Credits to the Exterior, the Attorney General of the National Farm, the School of Fazendary Administration and up to six Secretaries ;

IX-from the Ministry of National Integration the Deliberative Council of the Constitutional Financing Fund of the Midwest and up to five Secretaries ;

X-from the Ministry of Justice to the Secretary of State for Human Rights, the Human Person's Rights Council, the National Criminal and Penitential Policy Council, the National Transit Council, the National Council of the Rights of the Women, the National Council on the Rights of the Child and the Adolescent, the National Public Security Council, the Federal Gestor Council of the Defense Fund of the Difusos Rights, the National Board of the Rights of the Person Porter of Disability, the Ouvidoria-General of the Federal Polities, the Federal Police Department, the Federal Highway Police Department, the National Archive, the National Press, the Republic's Ouvidoria-General, the Public Defensoria of the Union and up to four Secretaries.

XI-from the Ministry of the Environment the National Environment Council, the National Board of the Legal Amazon, the National Board of Water Resources, the Deliberative Council of the National Environment Fund, the Institute of Rio Botanical Garden Research of Rio de Janeiro and up to five Secretaries ;

XII-from the Ministry of Mines and Energy up to two Secretaries ;

XIII-from the Ministry of Planning, Budget and Management to the Committee on External Financing, the Economic Advisor and up to seven Secretaries ;

XIV-from the Ministry of Agrarian Development the National Council for Rural Development and up to two Secretaries ;

XV-from the Ministry of Social Welfare and Social Welfare, the Secretary of State for Social Welfare, the National Social Security Council, the National Social Assistance Board, the Social Security Resource Council, the Supplementary Welfare Management Board and up to two Secretaries ;

XVI-from the Ministry of Foreign Affairs the Cerimonial, the Secretary for Diplomatic Planning, the Inspectorate-General of the Foreign Service, the General Secretariat of Foreign Affairs, this comprised of up to three Subsecretaries, the Registry of Internal Control, the Rio Branco Institute, the permanent diplomatic missions, the consular repartitions, the Foreign Policy Board and the Promotions Commission ;

XVII-from the Ministry of Health to the National Board of Health and up to four Secretaries ;

XVIII-from the Ministry of Labor and Employment the National Labour Council, the National Board of Immigration, the Curator Council of the Service Time Guarantee Fund, the Deliberative Council of the Amparo Fund to Worker and even three Secretaries.

XIX-of the Ministry of Transport to the Federal Commission for Transport Railways COFER and up to three Secretaries ;

§ 1º The Foreign Policy Board, referred to in the inciso XVI, shall be chaired by the Minister of State for Foreign Affairs and integrated by the General Secretariat, the Deputy General Secretariat, the Subsecretariats-General of the Secretary-General for Foreign Affairs and the Chief of Staff of the Minister of State for Foreign Affairs.

§ 2º The Ouvidorial-General of the Federal Polities directly links to the Minister of State for Justice.

§ 3º The holder of the Ouvidoria-General that it treats the preceding paragraph will be appointed by the President of the Republic, for a term of three years, after approval by the Federal Senate in the form of the art. 52, inciso III, point?f?Of the Constitution.

§ 4º The State Secretaries of Human Rights and Social Assistance will be composed of up to two finalistic secretaries.

§ 5º The public collegiate bodies of the structure of the Ministry of Labour and Employment will have tripartite composition, observed parity between employee representatives, and employers, in the form established by Power Executive.? (NR)

?Art. 17. Are Transformed:

I-Secretary of State for Government Communication of the Presidency of the Republic, at the Office of Government Communication of the Presidency of the Republic.

II-the Ministry of Planning and Budget, in Ministry of Planning Budget and Management ;

III-the Ministry of the Environment, Water Resources, and the Legal Amazon, in Ministry of the Environment ;

IV-the Ministry of Education and Sport, in Ministry of Education ;

V-the Ministry of Labour, in Ministry of Labor and Employment ;

VI-the Ministry of Industry, Trade and Tourism, in Ministry of Development, Industria and Exterior Comercio ;

VII-the Federal Council of Entorsies, on the National Anti-Drug Council ;

VIII-the Ministry of the Navy, in Navy Command ;

IX-the Army Ministry, in Army Command ;

X-the Ministry of Aeronautics, in Aeronautical Command ;

XI-the Military House of the Presidency of the Republic, in the Office of Institutional Security of the Presidency of the Republic ; and

XII-the Cabinet of Minister of State Extraordinary of Fundial Policy in Ministry of Agrarian Development.? (NR)

?Art. 18 ....................................................................................................................................

I-for the Ministry of Planning, Budget and Management:

..........................................................................................................................................................

e) of the Secretary of State for Planning and Evaluation of the Ministry of Finance.

...........................................................................................................................................................

III-administrative, of the General Secretariat of the Presidency of the Republic for the Civil House of the Presidency of the Republic ;

...........................................................................................................................................................

IX-For the Ministry of National Integration those of the Special Bureau of Regional Policies of the Government Council Regional Policies ;

X-for the National Health-FUNASA Foundation of the Ministry of Health as of the Ministry of Justice's National Indio Foundation, related to the health assists of Indigenous communities ;

XI-from the Military House of the Presidency of the Republic to the Office of Institutional Security of the Presidency of the Republic ;

XII-of the Cabinet of the Minister of State Extraordinary of Fundial Policy for the Ministry of Agrarian Development.? (NR)

?Art. 19 ...................................................................................................................................

........................................................................................................................................................

X-the Ministry of the Federal Administration and Reform of the State ;

XI-the Secretary of Strategic Affairs of the Presidency of the Republic ;

XII-the Cabinet to which it refers to the inciso I of the art. 4º of Law No. 9,615 of March 24, 1998 ;

XIII-the High Command of the Armed Forces ; and

XIV-the General Staff of the Armed Forces.? (NR)

?Art. 22-A. They become extinct the positions of Secretary-General of the Presidency of the Republic, Secretary of Strategic Affairs of the Presidency of the Republic, Secretary of Social Communication of the Presidency of the Republic, Minister of State of the Administration Federal and State Reform, Minister of State for Education and Sport, Minister of State for Labour, Minister of State for Industry, Trade and Tourism, Minister of State for the Environment, Water Resources and the Amazon Legal, Minister of State for Planning and Budget, Minister of State for the Navy, Minister of State for the Army, Minister of State for Aeronautics, Minister of State Chief of Staff of the Armed Forces, Minister of State Head of the Military House of the Presidency of the Republic, Minister of State for Fundial Policy and Agrarian Development, Minister of State Extraordinary of Sports, Secretary of State for Communication of Government and of Executive Secretary of the Cabinet of Minister of State Extraordinary of Fundial Policy.? (NR)

?Art. 24-A. The posts of Minister of State for Defence, Minister of State Chief of the Office of Institutional Security of the Presidency of the Republic, Minister of State Chief of the Secretary-General of the Presidency of the Republic, Minister of State of the Republic, shall be set up. National Integration, Minister of State for Education, Minister of State for Work and Employment, Minister of State for Development, Industry and Foreign Trade, Minister of State for the Environment, Minister of State for Sport and Tourism, Minister of State for Planning, Budget and Management, Minister of State for Agricultural Development and Minister of State Chief Minister for Government Communication of the Presidency of the Republic.? (NR)

?Art. 25-A. The posts of Special Secretary for Urban Development, Secretary of State for Social Welfare, Secretary of State for Human Rights, Navy Commander, Army Commander and Commander of Staff are set up. Aeronautics.

§ 1º The Cars of which treat the caput of this article are of Special Nature.

§ 2º The holder of the post of Special Secretary for Urban Development shall have the prerogatives, guarantees, advantages and direct rights to those of Minister of State.

§ 3º The remuneration of the positions of Secretary of State and Commander that it treats the caput is R$ 7,200.00 (seven thousand and two hundred reais).? (NR)

?Art. 28 It is the Executive Power authorized to maintain the servers and employees of the direct and indirect Federal Administration, occupiers or non-post office in commission or direction function, heads or advising that, on December 31, 1998, they met with provision of direct Administration organs.

§ 1º To the servers and employees who, on December 31, 1998, were to be requested and in exercise at the Ministry of Planning and Budget and the Federal Administration and State Reform, the provisions of the paragraph shall apply. sole of the art. 2º of Law No. 9,007 of March 17, 1995, as long as they remain in exercise at the Ministry of Planning, Budget and Management.

§ 2º Stay held in the Ministry of Planning, Budget and Management the functions of which it treats art. 20 of Law No. 8,216 of August 13, 1991 until they are dispensed with their occupants, when they will then be considered extinct.? (NR)

?Art. 28-A. The IPEA Centre for Informatics and the respective heritage stay transferred from the Applied Economic Research Institute-IPEA, to the Ministry of Planning, Budget and Management.

Single Paragraph. The servers of the IPEA Informatics Centre, transferred to the Ministry of Budget and Management in 1º January 1999, will again integrate the IPEA personnel framework.? (NR)

?Art. 28-B. They are transferred from the National Indian Foundation of the Ministry of Justice to FUNASA:

I-the Posts of Health and Indian Houses held by the Indian National Foundation for health care of Indigenous communities ;

Il-the movable property, real estate, documental and equipment, including vehicles, vessels and aircraft, which are intended for the exercise of the Indian health care activities ;

§ 1º Stay redistributed from the National Indio Foundation of the Ministry of Justice, to FUNASA the actual, busy or vacant positions on December 31, 1998, which are intended for the exercise of the assistance activities to the health of Indian.

§ 2º The occupier servers of the posts redistributed in the form of the previous paragraph, without prejudice to their direct and perks, will be booked into the specific health area of the National Health Foundation's Indian.

§ 3º The transfers of which deal with the inciso l and II shall take effect until December 15, 1999, and shall, since already, be referred to goods at the disposal of FUNASA, without prejudice to the operational activities to them pertinent.? (NR)

?Art. 29. It is the Executive Power authorized to remain, transfer, transfer or use the budgetary allocations approved in the Budget Act of 1999 in favor of the extinguished, processed, transferred, incorporated or dismembered organs by this Act, maintained the same functional classification-programmatic, expressed by programming category at its lowest level, as defined in art. 6º, § 1º of Law No. 9,692 of July 27, 1998, including the titles, descriptors, targets and objects, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities and identifiers of use.

§ 1º Apply the procedures provided for in the caput to the advance credits in the form established in art. 72 of Law No. 9,692, 1998.

§ 2º Apply the procedures provided for in the caput to the budget appropriations of the Ministry of Justice allocated under the headings relating to activities of which it treats § 1º of the art. 6º.? (NR)

?Art. 32. The Executive Power shall have, in decree, in the regimental structure of the Ministries, the essential bodies and the Special Secretariat of Urban Development of the Presidency of the Republic, on the powers and assignments, denomination of units and specification of posts.? (NR)

?Art. 37 Are created:

l-in the Federal Public Administration, a thousand eight hundred and twenty-nine positions in commission and fulfilling functions, being in twelve of Special Nature, one hundred and twenty-six of the Grupo-Direction and Superior-DAS and seiscented and ninety and a fulfilling functions, thus distributed: twenty-two DAS 6 ; one hundred and twenty-seven DAS 5 ; one hundred and six DAS 4 ; one hundred and forty-nine DAS 3 ; seishundred and eighty-two DAS 1 ; seishundred and ninety and one FG1 ; s ;

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III-in the Federal Public Administration, in temporary character by the deadline of up to one hundred and eighty days, counted from June 10, 1999, a thousand two hundred and thirty-three positions in commission and fulfilling functions, being four hundred and forty and nine of the Grupo-Direction and advising Superiors-DAS and seven hundred and eighty-four functions gratified, thus distributed: ten DAS 3 ; two hundred and eighty-two DAS 2 ; one hundred and fifty-seven DAS 1 ; one hundred and fifty six FG 1 ; hundred and seventy and eight FG 2 ; and four hundred and fifty FG 3.

.................................................................................................................................................? (NR)

?Art. 37-A stay extinct five thousand, two hundred and fifty-nine positions in commission and fulfilling functions, being I know posts in committee of the Grupo-Direction and Superior aides, DAS 2, five thousand, two hundred and fifty-three fulfilling functions, thus distributed: a thousand two hundred and seventy and one FG2 and three thousand, nine hundred and eighty-two FG 3.? (NR)

?Art. 40. The Executive Power shall have, until July 1, 2001, on the organization, reorganization, denomination of posts and functions and operation of the organs and entities of the direct, municipal and the founder Federal Public Administration upon approval or transformation of regimental structures.? (NR)

?Art. 42 ....................................................................................................................................

...........................................................................................................................................................

V-by the Ministry of the Federal Administration and Reform of the State, to the Ministry of Planning, Budget and Management.? (NR)

?Art. 43 The actual vacant posts, or who will come to the vacation of the extinct organs, will be remanded to the Ministry of Planning, Budget and Management for redistribution and the positions in commission and trust functions, transferred to the Management Registry of the Ministry of Planning Budget and Management, for use or extinction according to the interest of the Public Administration.

Single Paragraph. In the closing of the inventory work and in the terms laid down in decree, you may be remanded to the Ministry of Planning, Budget and Management, with the respective occupants, the posts and functions strictly necessary to the continuity of the activities of accountability arising out of convenium, contracts and similar instruments firstered by the extinct organs and their predecessors.? (NR)

?Art. 43-A. In the process of inventing the Military Staff of the Armed Forces, the gratuities to which the arts refer. 11 and 13 of Law No. 8,460 of September 17, 1992, may be remanded to the Ministry of Defence in the necessary quantitative and values.? (NR)

?Art. 44. As long as it is not approved and implanted the effective proofing framework of the Ministry of Sport and Tourism and the INDESP, stands the Minister of State for Sport and Tourism authorized to request direct Federal Administration's servers to have exercise in those organs, regardless of the function to be exercised.? (NR)

?Art. 45. Until they are approved of the regimental structures of the essential bodies and advising of the Presidency of the Republic, of the Secretaries of State and of the Ministries of which it treats art. 13, the structures, skills, including transferred, assignments the denomination of the units and the specification of the respective posts, in force on July 29, 1999, are maintained, the changes introduced by law shall be observed.? (NR)

?Art. 48. The art. 17 of Law No. 8,025 of April 12, 1990, passes vigorously with the following essay:

?Art. 17. The real estate deals the art. 14, when irregular its occupation, will be the subject of reinstatement of injunction in favor of the Union, regardless of the time when the real estate is occupied.

§ 1º The Ministry of Planning, Budget and Management, through the body responsible for the administration of real estate, shall be the reintegrated depositary.

§ 2º judgment unfounded the reintegration action of possession in a trial-transitioned decision, the Ministry of Planning, Budget and Management will place the real estate at the disposal of the judgment within five days of the subpoena to do so.? (NR)

?Art. 48-A. The caput of the art. 18 of Law No. 7,998 of January 11, 1990, passes vigorously with the following essay:

?Art. 18. The Deliberative Council of the Amparo Fund to Worker-CODEFAT, made up of the representation of workers, employers and bodies and government entities, is hereby established in the form established by the Executive Power.? (NR)

?Art. 49. The caput and the § 5ºof the art. 3º of Law No. 8,036 of May 11, 1990, pass vigorously with the following essay:

?Art. 3º The FGTS will be governed by standards and guidelines laid down by a Curator Council, composed of the representation of workers, employers and bodies and government entities, in the form established by the Executive Power.

...........................................................................................................................................................

§ 5º The Council's decisions will be taken with the presence of the simple majority of its members, having the President's vote of quality.

.................................................................................................................................................? (NR)

?Art. 50. The art. 22 of Law No. 9,028 of April 12, 1995, passes vigorously with the following essay:

?Art. 22. The Advocacy-General of the Union and its linked bodies, in the respective areas of acting, shall be permitted to represent judicially the holders and members of the Powers of the Republic, of the Federal Institutions referred to in Title IV, Chapter IV, of the Constitution, including the holders of the Ministries and other bodies of the Presidency of the Republic, of federal public authorities and foundations, as well as those of positions of a special nature and of Direction and Superior (DAS) Directors 6, 5 and 4, as for acts practiced, in the exercise of their constitutional, legal or regulatory assignments, in the public interest, specialmental, and may, yet, as to the same acts, prevent habeas Corpus and warrant for security in defence of the public servants that it treats this article.

Single Paragraph. The provisions of this article apply to the former holders of the posts or functions referred to in the caput, and yet:

I-those designated for the implementation of the special schemes provided for in Law No. 6,024 of March 13, 1974, in the Decrees-Leis Nos 73, November 21, 1966, and 2,321, of February 25, 1987 ; and

II-to the military of the Armed Forces when, in due course of compliance with constitutional duty, legal or regulatory, to respond to the police inquiry or the judicial process.? (NR)

?Art. 56. It is the Executive Power authorized to assign the Federal Public Administration's body or entities, diverse from that which is assigned the responsibility for the implementation of the activities of personnel administration, material, heritage, general services, budget and finance and internal control.? (NR)

?Art. 61. On the boards of public companies, mixed economy societies, and their subsidiaries and controlled and other companies in which the Union, directly or indirectly detain the majority of the social capital entitled to vote, there will always be a member appointed by the Minister of State for Planning, Budget and Management.? (NR)

Art. 2º The art. 2º of Law No. 7,735 of February 22, 1989, with the essay given by law No. 77,804 of July 18, 1989, passes vigorously with the following essay:

?Art. 2º The Brazilian Institute for Environment and Renewable Natural Resources-IBAMA, municipal entities of special arrangements, endowed with legal personalities of public law, linked to the Ministry of the Environment, with the purpose of to implement national environmental policies regarding permanent federal tasks concerning the preservation, conservation and sustainable use of environmental resources and their surveillance and control, as well as supporting the Ministry of Environment in the implementation of the National Water Resources Policy and in the implementation of the Union's complimentive actions, in accordance with the legislation in force and the guidelines of that Ministry.

Single Paragraph. The Executive Power will have, as of April 30, 1999, on the regimental structure of the IBAMA.? (NR)

Art. 3º The arts. 8º and 9º of Law No. 9,069 of June 29, 1995, pass vigorously with the following amendments:

?Art. 8º .....................................................................................................................................

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II-Minister of State for Planning, Budget and Management ;

.................................................................................................................................................? (NR)

?Art. 9º .....................................................................................................................................

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III-Secretary-Executive of the Ministry of Planning, Budget and Management ;

.................................................................................................................................................? (NR)

Art. 4º The Commission for the Coordination of Meteorology, Climatology and Hydrology-CMCH activities is set up, linked to the Ministry of Science and Technology for the purpose of coordinating national policy for the sector, to be regulated by Power Executive.

Art. 5º It is the Executive Power authorized to:

I-extinguish the Technological Center function for informatics, instituted in accordance with the provisions of the arts. 32 a to 39 of Law No. 7,232 of October 29, 1984 ;

II-transfer the Mineral-CETEM Technology Center, of which it treats Law No. 7,677 of October 21, 1988, of the National Council for Scientific and Technological Development-CNPq for the Ministry of Science and Technology.

Art. 6º Stay transferred from the Ministry of Agriculture and Supply to the Office of the Minister of State Extraordinary of Police Fundaily the assignments related to the promotion of the sustainable development of the comprised rural segment by family farmers.

Art. 7º Law No. 9,257 of January 9, 1996 passes vigorously with the following changes:

?Art. 2º The National Council of Science and Technology will meet upon convening determined by the President of the Republic, who will chair each installation session of the works.

§ 1º In the absence of the President of the Republic, he shall appoint a vice president, among the members representing the Federal Government, who shall exercise the chairmanship of the meeting.

§ 2º The Council shall be constituted of members appointed by the President of the Republic and shall have the following composition:

I-eight representatives of the Federal Government ;

II-eight representatives of the producers and users of science and technology, and their alternates, with a three-year term, admitted a single reconduct.

§ 3º The representation of the producers and users of science and technology will be renewed each year, with partial substitution and its members.

§ 4º Participation in the National Council of Science and Technology will not be remunerated.

§ 5º At the discretion of the President of the Republic, other personalities may be summoned to attend the meetings of the Council.

§ 6º The Council may constitute, under the coordination of any of its members, setorial thematic work commissions, temporary, which may include state representatives, employees, producers and users of science and technology and the scientific community and technology.? (NR)

?Art. 5º-A. For the purposes of the provisions of § 3º of the art. 2º of this Act, the next renewal of the representation of producers and users of science and technology will do so by choosing representatives with the mandates of one, and two and three years, in the form of the regulation.? (NR)

Art. 8º Law No. 8,183 of April 11, 1991 passes vigorously with the following changes:

?Art. 2º .....................................................................................................................................

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§ 3º The National Defense Council will have a Secretariat-Executive for the execution of the permanent activities necessary for the exercise of its constitutional competence.? (NR)

?Art. 4º It shall be for the Office of Institutional Security of the Presidency of the Republic to carry out the permanent activities necessary for the exercise of the competence of the National Defense Council-CDN.

Single Paragraph. For the treatment of specific problems of the competence of the National Defence Council, they may be instituted, together with the Office of the Institutional Security of the Presidency of the Republic, special groups and committees, integrated by representatives of organs and entities, belonging or not belonging to the Federal Public Administration.? (NR)

?Art. 6º The organs and entities of the Federal Administration will conduct studies, issue opinions and provide all collaboration that the Federal Council of National Defence requires, upon request from its Executive Officer.? (NR)

Art. 9º The art. 5º of Law No. 8,854 of February 10, 1994, passes in addition to the following paragraph:

?Single paragraph. It is the authorised Executive Power to have on the structure, linking and denomination of the posts in commission, trust functions and the units of the Brazilian Space Agency.? (NR)

Art. 10. The art. 7º of Law No. 5,537 of November 21, 1968, with the amendments of Decree-Law No. 872 of September 15, 1969, passes vigorously with the following essay:

?Art. 7º The National Education Development Fund-FNDE will be run by a Deliberative Council consisting of nine members, as laid out in regulation.? (NR)

Art. 11. The arts.6º and 81 of Law No. 6,880 of December 9, 1980 pass vigorously with the following essay:

?Art. 6º Are the expressions equivalent?in the active?,?of the active?,?on active duty?,?in service in the active?,?in service?,?in activity? or?in military activity?, conferred upon the military in the performance and office, commission, charge, incumbency or mission, service or military activity or considered of military nature in the military organizations of the Armed Forces as well as the Presidency of the Republic, the Deputy Presidency of the Republic, the Ministry of Defence and the other organs when provided for in law, or when incorporated into the Armed Forces.? (NR)

?Art. 81. ...................................................................................................................................

...........................................................................................................................................................

II-be made available to the exclusive provision of the Ministry of Defence or Armed Force diversely from that to which it belongs, to occupy military office or considered to be of a military nature ;

.................................................................................................................................................? (NR)

Art. 12. While not disposing of permanent personnel frame:

I-apply to civil servants and the military in office in the Ministry of Defense the prevailing standards for civilian and military servants in exercise in the organs of the Presidency of the Republic, in particular those referred to in art. 20 of Law No. 8,216 of August 13, 1991, at § 4º of the art. 93 of Law No. 8,112 of December 11, 1990, and in the arts. 11 and 13 of Law No. 8,460 of September 17, 1992 ;

II-the servers and employees requested by organ whose assignments have been transferred to the Ministry of National Integration will be able to remain at the disposal of the said Ministry, applying the provisions of the single paragraph of the art. 2º of Law No. 9,007 of March 17, 1995 ;

III-The Ministry of Agrarian Development will be able to request servers from the Federal Direct Administration to have exercise in that organ, regardless of the function to be exercised.

Single Paragraph. Except in the cases provided for in law and until the conditions set out in this article, the application of servers for the Ministries of Defense and National Integration will be irrecable and should be promptly met.

Art. 13. It is amended for National Anti-Drug Fund-FUNAD the appellation of the Prevention, Recovery and Combating Drug Abuse Fund-FUNCAB, instituted by Law No. 7,560 of December 19, 1986, as amended by Law No. 8,764 of December 20 of 1993, and ratified by Law No. 9,240 of December 22, 1995, as well as transferred its management of the scope of the Ministry of Justice to the National Anti-Drug Office of the Institutional Security Office of the Presidency of the Republic.

Art. 14. It is amended to Fund of the Ministry of Defence the denomination of the Joint Chiefs of Staff Fund-EMFA Fund, Instituted by Law No. 7,448 of December 20, 1985.

Art. 15. The art.15 of Law No. 5,664 of September 2, 1970 passes the vigorous effect of the following single paragraph:

?Single paragraph. Applies to the HCPA the regime and impenhorability of its goods, services and rents?. (NR)

Art. 16. The time frame referred to in art. 27 of Law No. 9,650 of May 27, 1998, is extended to June 30, 2003.

Art. 17. The caput of the art. 3º of Law No. 9,883 of December 7, 1999, passes vigorously with the following essay:

?Art. 3º. It is created the Brazilian Intelligence Agency-ABIN, an integral organ of the Presidency of the Republic, who, in the position of central body of the Brazilian Intelligence System, will have their job plan, execute, coordinate, supervise and control the country intelligence activities, obeyed from the policy and the superior guidelines drawn under this Act.? (NR)

Art. 18. The acts practiced on the basis of the Provisional Measure No. 1.999-13, of December 14, 1999, shall be convalidated.

Art. 19. Repeal § 1º of the art. 9º of Law No. 6,634 of May 2, 1979 ; the art. 13 of Law No. 7,853 of October 24, 1989 ; the § § 1º, 2º and 5º of the art. 18 of Law No. 7,998 of January 11, 1990 ; the § 2º of the art. 3º of Law No. 8,036 of May 11, 1990 ; the inciso I of the art. 10 of Law No. 8,167 of January 16 de1991, the arts. 6º, 7º, 63, 64, 66, 77, 84 and 86 of Law No. 8,212, de24 of July 1991 ; the arts. 7º and 8º of Law No 8,213 of July 24, 1991 ; to Law No. 8,954 of December 13, 1994 ; the art. 3º of Law No. 9,257 of January 9, 1996 ; the § § 3º and 4º of the art. 7º, the arts. 9º, 10, the § § 2º, 3º and 4º of the art. 14, the single paragraph of art. 18, the arts. 20, 23, 25, 26, 38 and 62 of Law No 9,649 of May 27, 1998.

Art. 20. This Provisional Measure comes into force on the date of its publication.

Brasilia, January 13, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HEHRIQUE CARDOSO

Pedro Parente