LEI No. 13,026, DE September 3, 2014

Altera the Leis #10,410, of January 11, 2002, which creates and discipline the Specialist Carrier in the Environment, and 11,357, of October 19, 2006, in the part where it has on the Special Plan of Cargos of the Ministry of the Environment and the Brazilian Institute of the Environment-IBAMA ; creates the Framework in Extinction of Combat to Endemies ; and authorizes the transformation of the jobs created by art. 15 of Law No.11,350, of October 5, 2006, in the post of Combat Agent to Endemies.

THE CHAIRWOMAN OF THE REPUBLIC

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

Art. 1º Law No. 10,410 of January 11, 2002 passes vigorously with the following changes:

" Art. 1º It is created the Environment Specialist Carrier, composed of the positions of Environmental Gestor, Administrative Manager, Environmental Analyst, Administrative Analyst, Environmental Technician, Administrative Technician and Administrative Officer, covering the staff posts of the Ministry of the Environment, the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA and the Chico Mendes Institute for Conservation of Biodiversity-Chico Mendes Institute.

............................................................................................... " (NR)

" Art. 4º .....................................................................................

Single Paragraph. The activities mentioned in the caput may be distributed by areas of specialization or grouped so as to characterize a more comprehensive set of assignments, in the terms of the edition of the public tender. " (NR)

" Art. 5º It is attribution of the office of Administrative Analyst the exercise of all administrative and logistical activities concerning the exercise of the constitutional and legal competencies to be charged to the Ibama and the Chico Mendes Institute. " (NR)

" Art. 7º Constitutes attribution of the post of Administrative Technician to acting in administrative and logistical activities of support concerning the exercise of the constitutional and legal competencies to be charged to the Ibama and the Chico Mendes Institute. " (NR)

" Art. 8º Constitutes attribution of the office of Administrative Auxiliary the performance of the basic level administrative and logistical activities concerning the exercise of the constitutional and legal competencies to be borne by Ibama and the Chico Mendes Institute. " (NR)

" Art. 11. The ticket in the posts of the Environmental Specialist Carrier referred to in art. 1º of this Act will occur upon prior approval in public tender, evidence or evidence and titles, in the initial pattern of the initial class.

§ 1º The contest of which it treats the caput can be arranged in stages, including, if applicable, training course, as per the contest's edition.

§ 2º ...........................................................................................

I-graduation degree on higher level or equivalent legal habilitation, for the positions of Environmental Gestor and Environmental Analyst ;

II-graduation degree on top level, with specific legal habilitation, as per the contest's edition, for the administrative Gestor and Administrative Analyst posts ;

III-certificate of completion of high school or equivalent, for the post of Environmental Technician ; and

IV-certificate of high school completion, and specific legal habilitation, if it is the case, as defined in the contest's edition, for the post of Administrative Technician.

§ 3º The contest for admission to the office of Environmental Analyst can be held by area of specialization, and specific training may be required, as set out in the edition. " (NR)

" Art. 14. The development of the server in the Environment Specialist Carrier that it treats art. 1º will occur by functional progression and promotion

Single Paragraph. For the purposes of this Act, functional progression is the pass-through of the server to the immediately superior due standard within a same class, and promotion, the server pass from the last standard of a class to the first class standard immediately superior. " (NR)

" Art. 15. The development of the server in the posts of the Environment Specialist Carrier that treats the art. 1º of this Act will observe the following rules:

I-for purposes of functional progression:

a) fulfillment of the 1 (one) year of effective exercise in each standard ; and

b) result equal to or greater than 70% (seventy per cent) of the maximum score limit on individual performance evaluations, at the interstjoin considered for progression ; and

II-for promotion purposes:

a) fulfillment of the 1 (one) year of effective exercise in the last standard of each class ;

b) result equal to or greater than 80% (eighty per cent) of the maximum score limit on individual performance evaluations, at the intersttation considered for promotion ; and

c) participation in capacity-building events with minimum content and minimum hourly load defined in act of the Executive Power.

§ 1º For promotion purposes, participation in empowerment events, set out in paragraph c of the inciso II of the caput, will be disregarded in the first 2 (two) years from the date of publication, to allow for the suitability of the organ, entities, and servers to that requirement.

§ 2º The individual performance evaluation applied for the purposes of perception of Environmental Specialist Activity Performance Gratification-GDAEM will be used for performance evaluation purposes for progression and promotion.

§ 3º To the occupant server of Special Nature Cargo or office in committee of the Grupo-Direction and Superiors-DAS levels 4, 5 or 6 or equivalent applies, for the purposes of progression and promotion, only the provisions of the points to of the incisos I and II of the caput and c of the inciso II of the caput.

§ 4º The progression criteria provided for in subparagraphs to and b of the inciso I of the caput apply from 1º January 2014. " (NR)

" Art. 16-A. The interstination for functional progression and promotion, in the manner provided for in point to of the incisos I and II of the art caput. 15, will be computed on days, if counted from the date of entry into the server in office.

§ 1º In the case of already-in-exercise servers, the intersttation of which treats the caput will observe the date of the last functional progression or promotion granted to the server.

§ 2º The countdown to the interstential for functional progression and promotion will be suspended in the absences and on the server's departs, ressaved those considered by Law No. 8,112 of December 11, 1990 as of effective exercise, being retaken the comic from the return to activity.

§ 3º In case of removal considered as effective exercise, without prejudice to remuneration, the server will receive the same score obtained earlier in the performance evaluation for purposes of functional progression and promotion, until is processed its first evaluation after the return.

§ 4º There will be no functional progression or promotion in case there has been no prior assessment, albeit by removal force deemed to be effective exercise. "

" Art. 17-A. It is up to the lotion organ to which the server is bound to implement permanent program of empowerment, training and development, aimed at ensuring the professionalization of the holders of the members of the Specialist Carrier positions in Half Environment that treats art. 1º.

§ 1º The capacitor and qualification will observe the Annual Capaciation Plan with the aim of enhancing the formation of the servers of the effective personnel framework and the performance of the activities of each unit.

§ 2º The capacity-building and qualification needs of the server whose performance has been considered insufficient will be prioritized in the scheduling of the Annual Capaciation Plan of the lotation organ to which the server is linked. "

" Art. 17-B. The exercise of the typical assignments of the posts that integrate the Specialist Carrier in the Environment, of which it treats this Act, in localities located in the Legal Amazon, will ensure that its holders priority in carrying out the course of specific capacity-building for promotion purposes and removal contests. "

" Art. 18-A. The acts of functional progression and promotion will be published, respectively, in the Internal Bulletin of the lotion organ and the Official Journal of the Union, producing financial effects from the first day subsequent to the date on which the server completed the required requirements. "

Art. 2º Law No. 11,357 of October 19, 2006 passes vigorously with the following changes:

" Art. 14-B. The servers that it treats the art. 14-A, which have been framed in Class A, Standard I of the structure of which treats Annex VI of this Act, stay within the quantity of a standard for each full year of effective exercise in office within the Ministry of Environment, Ibama or of the Chico Mendes Institute.

Single Paragraph. The willing on the caput will not generate retroactive financial effects prior to 1º of January 2014. "

" Art. 16. The development of the server in the posts of PECMA that it treats art. 12 of this Act will occur by functional progression and promotion

I-(revoked) ;

II-(revoked) ;

III-(revoked) ;

IV-(revoked) ;

V-(revoked).

§ 1º For the purposes of the caput, progression is the pass-through of the server to the immediately superior maturity pattern within a same class, and promotion, the server pass from the last standard of a class to the first default of the immediately upper class, observed the following requirements:

I-for purposes of functional progression:

a) fulfillment of the 1 (one) year of effective exercise in each standard ; and

b) result equal to or greater than 70% (seventy per cent) of the maximum score limit on individual performance evaluations, at the interstjoin considered for progression ; and

II-for promotion purposes:

a) fulfillment of the 1 (one) year of effective exercise in the last standard of each class ;

b) result equal to or greater than 80% (eighty per cent) of the maximum score limit on individual performance evaluations, at the intersttation considered for promotion ; and

c) participation in capacity-building events with minimum content and minimum hourly load defined in act of the Executive Power.

§ 2º For promotion purposes, participation in empowerment events set out in paragraph 1º (c) of the inciso II of § 1º could be disregarded by up to 1º July 2016.

§ 3º Applied individual performance evaluation for the purposes of perception of the Performance Gratification of Technical-Executive Activity and Environment Support-GTEMA can be used for performance evaluation purposes for progression and advancement.

§ 4º To the occupant server of Special Nature Cargo or post in Group commission-Direction and Superiors-DAS levels 4, 5 or 6 or equivalent applies, for the purposes of progression and promotion, only the provisions of the points ( to ) of the incisos I and II of § 1º and c of the inciso II of § 1º.

§ 5º The interstential necessary for functional progression and promotion, in the manner provided for in paragraphs to of the incisos I and II of § 1º, will be computed in days, counted from the date of entry into office of the server in office.

§ 6º In the case of servers already in exercise, the intersttation of which treats § 5º will observe the date of the last progression or promotion granted to the server.

§ 7 The countdown to the interstential for functional progression and promotion will be suspended in the absences and on the server's departs, ressaved those considered by Law No. 8,112 of December 11, 1990 as of effective exercise, being retaken the comic from the return to activity.

§ 8º In case of removal considered as effective exercise, without prejudice to remuneration, the server will receive the same score obtained earlier in the performance evaluation for purposes of functional progression and promotion, until is processed its first evaluation after the return.

§ 9º There will be no functional progression or promotion in case there has been no prior assessment, albeit by removal force deemed to be effective exercise.

§ 10. Act of the Executive Power will regulate the criteria for granting functional progression and promotion that it treats the caput. " (NR)

" Art. 16-A. It is up to the lotation organ to which the server is bound to implement permanent program of empowerment, training and development, aimed at ensuring the professionalization of the holders of the PECMA's member positions of which it treats art. 12.

§ 1º The capacitor and qualification will observe the Annual Capaciation Plan, with the aim of enhancing the formation of the servers of the effective personnel framework and the performance of the activities of each unit.

§ 2º The capacity-building and qualification needs of the server whose performance has been considered insufficient will be prioritized in the scheduling of the lotation organ's Annual Capaciation Plan to which the server is linked.

§ 3º The exercise of the typical assignments of the posts that integrate the Special Cargos Plan of the Ministry of the Environment and the Brazilian Institute of Environment and Renewable Natural Resources-IBAMA-PECMA, of which it treats this Law, in localities situated in the Legal Amazon, will ensure its holders priority for realization of the specific capacity-building course for promotion purposes and removal contests. "

" Art. 16-B. The acts of functional progression and promotion will be published, respectively, in the Internal Bulletin of the respective loan organ or the Official Journal of the Union, producing financial effects from the first day subsequent to the date on which the server has completed the required requirements. "

Art. 3º It is created the Framework in Extinction of Combat to Endemies and authorized the transformation of the active jobs created by art. 15 of Law No. 11,350 of October 5, 2006, in the post of Combat Agent to Endemias, to be governed by Law No. 8,112 of December 11, 1990.

§ 1º The Framework in Extinction of Combat to Endemies will be composed exclusively of the post of Combat Agent to Endemies, of an auxiliary level, being linked to the Ministry of Health's Personnel Framework.

§ 2º The transformation of jobs in public positions of which it treats the caput of this article, with the consequent admission to the Framework in Extinction of Combating Endemies, will automatically give itself, saved by option untreatable, to be formalized within 90 (ninety) days after the date of entry into force of this Act in the form of the Option Term contained in Annex I.

§ 3º Employees who formalize the option referred to in § 2º of this article will remain in the Supplemental Framework for Combating Endemies, of which it treats art. 11 of Law No. 11,350 of October 5, 2006, linked to the National Health-FUNASA Foundation and governed by the Consolidation of Labor Laws, approved by Decree-Law No. 5,452, from 1º May 1943.

§ 4º The remunerative structure of the public office of Combat Agent to Endemies becomes the constant of Annexes II and III, observed the correlation established in the form of Annex IV.

§ 5º The transformation of which treats the caput will not cover the change in the level of education of the post, regardless of the degree of schooling presented at the time of processing.

Art. 4º It is guaranteed the irreducibility of maturities to the servers framed in the Framework in Extinction of Combat to Endemies.

Single Paragraph. In the reduction hypothesis arising from the application of this Act, the difference shall be paid to the nominally identified Personal Advantage Title-VPNI, to be absorbed on the occasion of the development in office, of the restructuring of remunerative table, granting of readjustments, additional, gratuities or advantage of any nature, as the case is.

Art. 5º The admission to the Charge of Combat Agent to Endemias will occur on the first day subsequent to the termination of the option deadline of which it treats § 2º of the art. 3º of this Act.

Single Paragraph. The initial framing in office will observe the correlation table provided for in Annex IV.

Art. 6º The framework in the Framework in Extinction of Combat to Endemies does not set up as a dismissal under the Labour legislation, not coping with the payment of a rescance fine or compensation appropriations relating to the contract of employment, ressaved vacation, accrued and proportional, and Christmas gratification.

Art. 7º The functional development of the server that treats this Act will occur upon progression and promotion.

Single Paragraph. For the purposes of this Law, progression is the pass-through of the server to the immediately superior standard within a same class, and promotion, the server pass from the last standard of a class to the first standard of the immediately upper class.

Art. 8º The progression between the patterns that make up each class will observe the minimum interstice of 18 (eighteen) months of effective exercise.

Single Paragraph. The intersttation of which treats the caput will be:

I-computed on days, discounted the apartments that are not considered to be effective exercise, pursuant to Law No. 8,112 of December 11, 1990 ; and

II-suspended in cases where the server moves away without remuneration, being retaken the comb from the return to activity.

Art. 9º For promotion purposes, the minimum interstice of 18 (eighteen) months of effective exercise in the last standard of each class should be observed.

Art. 10. The remunerative structure of the post of Combat Agent to Endemies will be composed of:

I-Basic Maturity ; and

II-Gratification of Exercise of Combat Activity to Endemias-GEACE.

Art. 11. It is instituted the Exercise Gratification of Combat Activity to Endemias-GEACE, due to the occupants of the public office of Combat Agent to Endemias, within the framework of the Framework in Extinction of Combating Endemies, from the Personnel Framework of the Ministry of Health.

§ 1º Geace will be due to the public office holders of which it treats this Act, which, in permanent character, carry out combat and control activities of endemials, in urban or rural area, including in indigenous lands and remnants quilomballs, extractivist areas and riparian.

§ 2º Geace will not serve as a basis of calculation for any other benefits, remunerative plots or advantages.

§ 3º Geace is not due to the occupiers of office in commission or role of trust.

Art. 12. The value of Geace is the constant of Annex III of this Act.

Art. 13. It applies to the occupants of the post of Combat Agent to Endemies the journey of 40 (forty) weekly hours, as provided for in Law No. 8,112 of December 11, 1990.

Art. 14. The posts transformed by this Act will be automatically extinguished in the occurrence of any of the chances of vacancy laid down in Law No. 8,112 of December 11, 1990.

Art. 15. The redistribution of the positions of Agent from Combat to Endemies to other bodies of the federal public administration, regardless of compliance with the provisions of the art, is vetoed. 37 of Law No. 8,112 of December 11, 1990.

Art. 16. Agents for Combating Integral Endemiers of the Framework in Extinction of Combat to Endemies may be made available to the States, the Federal District and Municipalities within the framework of the Single Health System-SUS, upon arrangement, or to associated management of public services, upon contract of public consortium, pursuant to Law No. 11,107 of April 6, 2005, held to be binding to the Ministry of Health and without prejudice to the respective rights and advantages.

Art. 17. This Act shall enter into force on the date of its publication.

Art. 18. It is revoked the art. 22 of Law No. 10,410 of January 11, 2002.

Brasilia, September 3, 2014 ; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Arthur Chioro

Miriam Belchior

Izabella Mónica Vieira Teixeira