DECREE NO 5,765, DE April 27, 2006.

Approves the Regimental Framework and the Framework Demonstrative of the Cargos in Commission and the Gratified Functions of the National Department of Transport-DNIT, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a," of the Constitution, and in view of the provisions of the Interim Measures in the 269, December 15, 2005, and 283, of February 23, 2006,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the National Department of Transport-DNIT in the form of Annexes I and II to this Decree.

Art. 2º As a result of the provisions of the art. 1st, stay remanded, in the form of Annex III to this Decree, the following posts in Committee of the Group-Direction and Superior aides-DAS:

I-from the Office of Management of the Ministry of Planning, Budget and Management to the DNIT: two DAS 101.5 and seventeen DAS 101.4 ; and

II-of the DNIT for the Office of Management of the Ministry of Planning, Budget and Management, five DAS 101.3.

Art. 3º The apostillations arising from the approval of the Regimental Structure of which it treats the art. 1st shall occur within twenty days, counted from the date of publication of this Decree.

Single Paragraph. After the apostillations provided for in the caput, the Director General of the DNIT will be publishing, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relationship of the holders of the posts in the Committee of the Group-Direction and Superior Advice-DAS, referred to in Annex II, indicating, inclusive, the number of vacant posts, their denomination and their level.

Art. 4º The internal regiment of the DNIT will be approved by its Board of Directors and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5º This Decree shall enter into force on the date of its publication.

Art. 6º Stay revoked the Decrees in the 4,749, June 17, 2003, and 5,131, July 7, 2004.

Brasilia, April 27, 2006 ; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Paulo Sergio Oliveira Passos

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL DEPARTMENT

OF TRANSPORTATION INFRASTRUCTURE-DNIT

CHAPTER I

OF NATURE AND PURPOSE

Art. 1st The National Department of Transport-DNIT, federal municipality established by Law No 10,233 of June 5, 2001, linked to the Ministry of Transport, with legal personality of public law and autonomy administrative, patrimonial and financial, with headquarters and venue in the city of Brasilia, Federal District, it is the managing body and executor, in its sphere of acting, of the land transport infrastructure and integral aquaviary of the Federal Travel System, and is for purpose:

I-implement, in its sphere of acting, the policy established for the administration of the infrastructure of the Federal Travel System, under the jurisdiction of the Ministry of Transport, comprising the operation, maintenance, restoration or reposition, suitability of capacity and magnification upon construction of new avenues and terminals, of agreement with the principles and guidelines laid down in the Act no 10,233 of 2001 ;

II-promote research and experimental studies in the areas of engineering of transportation infrastructure, considering, including, aspects concerning the environment ;

III-setting standards, standards and technical specifications for the programs of operational safety, signalling, maintenance, restoration of pathways, terminals and installations, as well as for the elaboration of projects and execution of road works ;

IV-to provide the Ministry of Transport with information and data to subsidize the formulation of the general outorga plans of the segments of the viary infrastructure ;

V-administer, directly or by means of delegation or cooperation arrangements, the programmes of operation, maintenance, conservation, restoration and reposition of highways, railways, waterways, terminals and port facilities ;

VI-manage, directly or through delegation arrangements or cooperation, projects and works of construction, reclamation, maintenance and extension of highways, railways, waterways, terminals and port facilities, arising from investments scheduled by the Ministry of Transport and authorized by the General Budget of the Union ;

VII-participate in loan negotiations with public and private entities, national and international, for funding of programs, projects and works of their competence, under the coordination of the Ministry of Transport ;

VIII-realizing research and technological development programs, promoting the technique cooperation with public and private entities ;

IX-maintain exchange with research organizations and educational institutions, national or foreign ;

X-promote prevention actions and operational traffic safety programs, targeting the reduction of accidents, in articulation with organs and setorial entities ;

XI-draw up the annual report of activities and performance, highlighting compliance with the policies of the sector, sending it to the Ministry of Transport ;

XII-to draw up its budget and to carry out financial implementation ;

XIII-acquire and divestle goods by adopting the proper legal procedures to perform its incorporation and disincorporation

XIV-administer personnel, heritage, material, and general services ;

XV-contribute to the preservation of the historical and cultural heritage of the sector of transport ;

XVI-apply for the environmental licensing of the works and activities performed in its sphere of competence ;

XVII-organize, maintain updated and disseminate statistical information regarding the port, aquavian, road and rail activities under its administration ;

XVIII-setting standards, standards and technical specifications for the programs referring to waterways, terminals and port facilities ;

XIX-declare the public usefulness of goods and properties to be misappropriated for the deployment of the Federal Travel System ;

XX-authorize and scrutinize the execution of projects and investment programs, in the scope of delegation or cooperation arrangements ;

XXI-to propose to the Minister of State for Transport the definition of the physical area of ports that are affectional ;

XXII-set criteria for elaboration of development and zoning plans of the ports that are fond of you ;

XXIII-to submit annually to the Ministry of Transport for its budget proposal, in accordance with the legislation in force, as well as the budgetary changes that are necessary in the course of the financial year ;

XXIV-develop studies on rail or multimodal transport involving roads of iron ;

XXV-design, monitor and perform, directly or indirectly, works relating to rail or multimodal transportation, involving iron roads of the Federal Travel System, exceeded those related to the already existing leases ;

XXVI-setting standards, standards and technical specifications for the elaboration of projects and execution of road works, relating to the iron roads of the Federal Travel System ; and

XXVII-approve engineering projects whose execution modifies the structure of the System Federal de Viation, observed the willing in the inciso XXI.

§ 1st In the exercise of its competencies, DNIT will articulate with regulatory agencies federal and with organs and entities of the states, the Federal District and the Municipalities, for resolution of the interfaces of the various means of transport, aiming at the most economical and secure multimodal movement of loads and passengers.

§ 2nd The DNIT will harmonize its acting with that of states' bodies and entities, from the District Federal and the Municipalities in charge of managing the infrastructure and operation of aquaviary and terrestrial transport.

§ 3rd In the exercise of the powers provided for in this article and relating to waterways and port facilities, the DNIT will observe the specific prerogatives of the Maritime Authority.

§ 4th In the exercise of the assignments provided for in the incisos IV and V of the art. 82 of Law No 10,233, 2001, the DNIT may firm delegation arrangements or cooperation with bodies and entities of the federal public administration, States, the Federal District and the Municipalities, seeking the decentralization and efficient management of the programs and projects.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 2nd DNIT has the following organizational structure:

I-superior body of deliberation: Board of Directors ;

II-executive organ: Directing ;

III-direct and immediate assistance bodies to the Director-General:

a) Cabinet ;

b) Director-Executiva; and

c) Ouvidoria ;

IV-sectional organs:

a) Specialized Federal Prosecutor's Office ;

b) Internal Affairs ;

c) Internal Audit ; and

d) Director of Administration and Finance ;

V-natural specific organs:

a) Directorate of Railway Infrastructure ;

b) Directorate of Road Infrastructure ;

c) Directorate of Planning and Research ; and

d) Directing Aquavian Infrastructure ;

VI-decentralized bodies: Regional Superintendencies.

CHAPTER III

DA DIRECTION AND APPOINTMENT

Art. 3rd The DNIT will be directed by a Board of Directors and by a Board composed of a Director General and six Directors.

Single Paragraph. Nominations for the posts in commission and fulfilling functions integral to the DNIT's regimental structure will observe the provisions of the current legislation.

CHAPTER IV

OF THE ADMINISTRATION COUNCIL

Art. 4th The Board of Directors will be composed of six members, being:

I-the Executive Secretary of the Ministry of Transport, who will chair him ;

II-the Director General of DNIT ;

III-two representatives of the Ministry of Transport ;

IV-a representative of the Ministry of Planning, Budget and Management ; and

V-a representative of the Ministry of Finance.

§ 1st The replacement of the Chairman of the Board of Directors shall be designated by the Minister of State for Transport.

§ 2nd Participation as a member of the DNIT Board of Directors will not ensen remuneration of any kind.

§ 3rd Each Ministry shall appoint its representatives, who shall be appointed by the Minister of State of Transport.

Art. 5th The Board of Directors shall meet, ordinarily, once a month and, extraordinarily, upon convocation of the President or two Councillors, washing up minutes of their deliberations.

Art. 6th the meetings of the Board of Directors shall be installed with the presence of at least four of its members and their deliberations shall be taken by an absolute majority of the votes, with its President, in addition to the vote as a member, the vote of untie.

Single Paragraph. It is up to the Chairperson of the Board to lower the acts that substantiate the deliberations of the Colegion.

CHAPTER V

DAS COMPETENCIES OF ORGANS

I Section

The Superior Body of Deliberation

Art. 7th The Board of Directors competes to exercise the superior direction of the DNIT, and in particular:

I-approve the guidelines of the strategic planning of the DNIT ;

II-define parameters and criteria for elaboration of the work plans and programmes and of investments from DNIT, in compliance with the guidelines and priorities established by the Ministry of Transport ;

III-approve and supervise the implementation of the plans and programmes to which the incision refers II ;

IV-deliberation on the annual budget proposal ;

V-deliberating on the annual report of activities and performance, to be sent to Ministry of Transport ;

VI-approve the appointment and exoneration of the Internal Audit holder ;

VII-supervising the management of directors, examining, at any time, the books and papers of the DNIT, as well as request information on contracts concluded or in avenues of celebration and on any other acts ;

VIII-approx general standards for the conclusion of contracts, arrangements, agreements and adjustments, respected the limits set forth in the Act on 8,666, June 21, l993 ;

IX-approve the annual plan for Internal Audit activities ;

X-approve and alter your own internal regiment ;

XI-perform other activities that are committed to you by law, by this Framework Regimental or by the Ministry of Transport ; and

XII-approve the internal regiment of the DNIT and deliberate on the missing cases.

Section II

The Executive Body

Art. 8th The DNIT Board of Directors competes:

I-edit standards and technical specifications on subjects of DNIT competency ;

II-approve edit patterns of tenders for the DNIT ;

III-authorize the realisation of tenders, approve editals and type-approval ;

IV-authorize the celebration of arrangements, agreements, contracts and other instruments legal ;

V-dispose on the acquisition and disposal of goods ;

VI-authorize the hiring of third party services ;

VII-program, coordinate and orienter actions in the areas of administration, planning, works and services, research, empowerment of personnel, investment and information about their activities ;

VIII-approve the program of service tenders and works ;

IX-approving the study programmes and research for technological development ;

X-elaborate and submit to the Board the guidelines of the schedule strategic of the DNIT ;

XI-analyzing, discussing and deciding on internal administrative policies and management of human resources ;

XII-draw up the annual budget proposal to be submitted to the Council for consideration of Administration, for later forwarding to the Ministry of Transport ;

XIII-indicate, among its members, the substitutes of the Directors ;

XIV-submit to the Board the proposals for modifications of the regiment internal of the DNIT ; and

XV-submit to the Board of Directors the annual report of activities and performance, to be sent to the Ministry of Transport.

§ 1st The DNIT decision making process will obey the principles of legality, impersonality, morality, advertising and efficiency.

§ 2nd Board decisions will be taken by the vote of the absolute majority of its members, with the Director General the quality vote, and will be registered in minutes that will be available for general knowledge, together with the documents that instruct them.

Section III

of the Direct and Immediate Care Bodies to the Director-General

Art. 9o To the Cabinet competes:

I-watch the Director General of the DNIT in its social and political representation ;

II-to be entrusted with the preparation and dispatch of the personal expedient of the Director-General ;

III-plan, coordinate and supervise the social communication activities, support parliamentarian and, further, publication, dissemination and monitoring of the subjects of interest of the DNIT ; and

IV-exercise other powers that are committed to it by the Director General of the DNIT.

Art. 10. To the Executive Director competes:

I-orial, coordinate and supervise the activities of the sectorial Directors and the regional bodies ;

II-ensure the efficient and harmonic functioning of DNIT ;

III-plan, administer, guide, and control the execution of related activities the tenders ;

IV-plan, guide, coordinate, and supervise the activities concerning the definition of referential costs of works and services affected to the transport infrastructure ; and

V-co-ordinate and supervise the activities of the Directorate of the Directorate.

Art. 11. À Ouvidoria competes:

I-receive requests for information, clarification and complaints affected to DNIT, and answer directly to the stakeholders ; and

II-produce semester, and when it departs timely, circumstantial report of its activities and refer you to the Directorate, the Board of Directors and the Ministry of Transport.

Section IV

Of Sectional Organs

Art. 12. The Federal Specialist Procuratorate, as the executive body of the Federal Prosecutor-General, competes:

I-provide advice to the organs of the DNIT Regimental Structure, in the affairs of legal nature, applying, in what couber, the provisions of art. 11 of the Supplementary Law no 73 of February 10, 1993 ;

II-examine and issue opinions on projects of normative acts to be exclaims or proposed by DNIT when they contain legal matter ;

III-exercise the judicial and extrajudicial representation of the DNIT ; and

IV-ascertaining the liquidity and certainty of the credits, of any nature, inherent in its activities, enrolling them in active debt, for the purposes of friendly or judicial collection.

Art. 13. To Internal Affairs competes:

I-scrutinize the functional activities of the internal and regional organs of DNIT ;

II-appreciate the representations you are referred to, regarding the performance of the agents ;

III-realizing correction in all the integral units of the organizational structure of the DNIT, suggesting the necessary measures for the rationalization and efficiency of services ; and

IV-institution, of office or by determination of the Directorate, syndications and processes disciplinary administration, with respect to the agents, by submitting them to the decision of the competent authority.

Single Paragraph. The establishment of unionists and disciplinary administrative proceedings relating to acts of the Directorate or its members shall be within the competence of the Minister of State for Transport.

Art. 14. The Internal Audit competes:

I-scrutinize budget, financial and heritage management and other systems administrative and operational of the DNIT, in accordance with the annual plan of internal audit activities approved by the Board of Directors ;

II-create indispensable conditions to ensure effectiveness in internal controls and external, seeking to ensure regularity in revenue collection and realization of the expense ;

III-draw up report of the audits carried out, proposing preventive measures and corrective of the deviations detected, if any, by forwarding it to the Board of Directors and the Directorate ; and

IV-respond by the systematization of the information required by the control bodies of the Federal Government.

Single Paragraph. In the exercise of their competencies, the Internal Audit links administratively to the Board of Directors, in accordance with the Art. 15 of Decree No 3,591 of September 6, 2000.

Art. 15. The Directorate of Administration and Finance competes to plan, administer, guide and monitor the execution of the activities of administrative organization and modernization, as well as those related to federal budget, administration systems financial, accounting, human resources and general services.

V Section

Of The Natural Specific Organs

Art. 16. To the Directorate of Railway Infrastructure competes:

I-administer and manage the execution of programs and construction projects, maintenance, operation and restoration of railway infrastructure ;

II-manage the revision of engineering projects in the execution phase of works ; and

III-exercising the normative power on the use of transport infrastructure railway, observed the provisions of the art. 82 of the Act No. 10,233, 2001.

Art. 17. To the Directorate of Infrastructure Road Structure competes:

I-administer and manage the execution of programs and construction projects, maintenance, operation and restoration of the road infrastructure ;

II-manage the revision of engineering projects in the execution phase of works ; and

III-exercising the normative power on the use of transport infrastructure road, observed the provisions of art. 82 of the Act No. 10,233, 2001.

Art. 18. To the Directorate of Planning and Research competes:

I-plan, coordinate, supervise and perform actions concerning the management and the programming of annual and multiannual investments for the infrastructure of the Federal Travel System ;

II-promote research and studies in the areas of engineering of the infrastructure of transport, considering, inclusive, the aspects concerning the environment ; and

III-coordinate the strategic planning process of the DNIT.

Art. 19. To the Office of Aquavian Infrastructure competes:

I-administer and manage the execution of programs and construction projects, operation, maintenance and restoration of the aquavian infrastructure ;

II-manage the revision of engineering projects in the execution phase of works ; and

III-exercising the normative power on the use of transport infrastructure aquaviary, observed the willing on art. 82 of the Act No. 10,233, 2001.

Section VI

Of The Decentralized Organs

Art. 20. The Regional Superintendencies, within their acting areas and, in accordance with the guidelines laid down by the Directorate, competes to program, coordinate, scrutinize and guide the execution of plans and programmes targeting the diagnosis, prognosis and actions in the areas of engineering and operations, road, rail and aquaviary operations, objecting to ensuring the fluidity of traffic as well as the navigability of rivers, in optimal operational and economic conditions, with safety and zealousness by the preservation of the environment.

CHAPTER VI

OF THE ALLOCATIONS OF LEADERS

Art. 21. They are attributions of the Director-General:

I-chair the meetings of the Board ;

II-exercise the general supervision of the activities of the integral bodies of the Structure Regimental of the DNIT ;

III-firmar, on behalf of DNIT, contracts, arrangements, agreements, adjustments and other legal instruments, upon prior approval by the Board

IV-expedition the administrative acts of their competence, as long as they do not possess character normative ;

V-promote the articulation of the DNIT with the Ministry of Transport and with other bodies and public or private entities ; and

VI-comply with and enforce the deliberations of the Board and the Board of Management.

§ 1st It is to the Director-General the representation of the DNIT and the hierarchical command on the personnel and services, exercising the coordination of administrative skills, as well as the chairmanship of the board meetings.

§ 2nd The Director-General will be able to delegate the competence provided for in the incisos III and IV.

Art. 22. They are assignments of the Executive Director:

I-plan, coordinate, guide and supervise the competency activities of your Board ;

II-guide the planning, organization and execution of the DNIT activities ; and

III-ensure the efficient and harmonic functioning of DNIT.

Art. 23. The Directors, the Head of Cabinet, the Chief Prosecutor, the Ouvidor, the Corregedor, the Auditor-Chief and the other leaders is to plan, direct, coordinate and guide the evaluation and execution of the activities of their areas of competence and engage in other assignments that are committed to them.

CHAPTER VII

DO PATRIMONY AND REVENUE

Art. 24. They constitute equity of the DNIT the goods and rights conferred upon it and those which it will acquire.

Art. 25. They constitute revenues from DNIT:

I-appropriations earmarked in the Union General Budget, additional credits, transfers and repasses ;

II-pay for the provision of services ;

III-resources arising from agreements, arrangements and contracts ;

IV-product of the collection of emoluments, fees and fines ; and

V-other revenue, including those resulting from the disposal of goods and of the application of heritage values, credit operations, donations, legacies and grants, utilization of the domain strip and other heritage assets.

CHAPTER VIII

DAS GENERAL PROVISIONS

Art. 26. The internal regiment will have on the detailing of the DNIT Organizational Framework, the competences of the respective units and the tasks of their leaders.

Art. 27. The DNIT will be able to apply for the assignment of employees from the Personnel Tables of the Brazilian Transportation Planning Company-GEIPOT and the Union-controlled Dock Companies, lofted in the Hydrovian Administrations and National Institute of Hydroviary Research-INPH, regardless of the exercise of office in commission or trust function.

Single Paragraph. The burden of the assignment, included the respective social charges, will be in full responsibility of the DNIT, upon reimbursement to the transferor.