PROVISIONAL MEASURE NO 389, DE September 5, 2007.

Disposes on the Analist Carrier of Infrastructure and on the isolated post of effective prosecution of Specialist in Senior Infrastructure.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1st Ficam created, within the federal public administration direct, the following Carrier and isolated positions of effective prosecution:

I-Infrastructure Analyst-Structure, structured in Classes A, B and Special, composed of the post of Infrastructure Analyst, of the top level, with assignments aimed at the specialized activities of planning, coordination, supervision, technical assistance and execution of projects and infrastructure works of large size ; and

II-post section isolated from Specialist in Senior Infrastructure, level superior, structured in single class, with high level assignments of complexity aimed at the specialized activities of planning, coordination, supervision, technical assistance and execution of projects and large works in the area of infrastructure.

§ 1st The posts of which it treats this article are structured in the form of the Attachment I.

§ 2nd The specific assignments of the posts that it treats this article will be established in decree.

§ 3rd The occupiers of the posts that it treats this article will only be booked in organs of the direct federal public administration with competencies concerning the road infrastructure, sanitation, energy, mineral production, communications and regional and urban development.

§ 4th Compete to the Minister of State for Planning, Budget and Management, respected § 3rd, define the lotting of the occupants of the posts of which it treats this article.

Art. 2nd The total quantitive of career and secluded job positions of which it treats art. 1st is from:

I-eighty-four posts of Specialist in Senior Infrastructure ; and

II-two hundred and sixteen posts of Infra-Structure Analyst.

Art. 3rd admission to the posts will give you through public tender of evidence and titles for the post of Specialist in Senior Infrastructure and evidence or evidence and titles for the post of Infrastructure Analyst-Structure, respected the specific legislation.

§ 1st The public contest referred to in the caput may, when couber, be carried out by areas of specialisation and organized in one or more phases, including, if applicable, training course, as per the certain convocation edition, observed the relevant legislation.

§ 2nd The edital will define the characteristics of each stage of the public contest, specialized training and professional experience, as well as the elimination and classification criteria.

§ 3rd The admission to the posts referred to in the caput requires graduation degree in higher level and knowledge at postgraduate level.

§ 4th It is prerequisite for admission to the post of Specialist in Infrastructure Senior twelve years of experience in the exercise of top-level activities, corresponding to the exercise of assignments equivalent to that of the post, in the specific acting area established in the contest's edition.

§ 5th The public contest for the posts referred to in the caput will be held for effective personnel proption in the initial pattern of the initial class of the Infrastructure Analyst-Structure and in the sole class of the post of Specialist in Senior Infrastructure.

§ 6th The proof of integral titles of the contest for the admission to the post of Senior Infrastructure Specialist may include advocacy, in public act, of memorial based on curriculum vitae, in the terms of the respective edition.

Art. 4th The maturities of the occupants of the posts of which it treats art. First they constitute:

I-basic maturity, as per Annex II ;

II-Gratification of Activity Performance in Infrastructure-GDAIE ; and

III-individual pecuniary advantage, of which it treats the Act No. 10,698, of 2 July 2003.

Art. 5th It is instituted the Activity Performance Gratification in Infrastructure-GDAIE, due to the occupants of the posts referred to in art. 1st, when in exercise of the activities inherent in their assignments, the following limits are observed:

I-maximum of one hundred points per server ; and

II-minimum of ten points per server.

§ 1st A score to which refers to GDAIE is thus distributed:

I-up to seventing points due to the outcome of the performance evaluation institutional ; and

II-up to thirty points as a result of the results of the evaluation of individual performance.

§ 2nd The occupiers of the posts referred to in art. First will only do jus to GDAIE if in exercise of activities inherent in the respective posts in organs of the direct federal public administration.

§ 3rd The institutional performance evaluation aims to assess the performance of the organ within the reach of organizational objectives, and may consider priority projects and activities and specific characteristics compatible with their activities.

§ 4th The individual performance evaluation aims to assess the performance of the server in the exercise of the duties of the office, with a focus on the individual contribution to the scope of organizational goals.

Art. 6th Decree will have on the general criteria to be observed in the realization of the institutional and individual performance evaluations for the purposes of granting GDAIE.

§ 1st Individual assessment will have financial effect only if the server has remained in exercise of activities inherent in the respective office for, at the very least, two-thirds of a full period of assessment.

§ 2nd The active server recipient of GDAIE who obtain in the assessment of scoring performance less than forty per cent of the maximum point limit for individual evaluation will not make jus to the parcel regarding the institutional performance evaluation in the period.

Art. 7th the criteria and specific evaluation procedures institutional and individual and concession of GDAIE will be established in act of the Minister of State for the loan organ, observed in the current legislation.

Art. 8th Institutional performance targets will be fixed annually in act of the maximum leader of the loan organ, drawn up in line with the governmental guidelines and targets set out in the multiannual plan, in the law of budget guidelines and in the annual budget law.

§ 1st The goals referred to in the caput must be objectively measurable and directly related to the end activity of the lotation organ, taking into account, at the time of their fixation, the indices achieved in the previous exercises.

§ 2nd The institutional performance evaluation will refer to the performance of the organ in the area of acting of the posts of which it treats art. 1st.

§ 3rd The institutional performance targets and the results ascertained to each period will be widely publicized by the lotion organ, including on its electronic site.

§ 4th The goals could be reviewed in the hypothesis of factors superveniency that have significant and direct influence on their achievement, provided that the organ itself has not given cause to such factors.

§ 5th The act referred to in the caput shall define the minimum range of reach of the targets below which the GDAIE's share corresponding to the institutional evaluation will be equal to zero, being the percentage of gratuity distributed proportionally in the range between that limit and the maximum reach index of the targets.

Art. 9th The evaluations regarding the individual performances and institutional will be ascertained semester and will produce monthly financial effects for equal period.

§ 1st The periodicity of individual and institutional performance evaluations can be reduced depending on the peculiarities of the lotation organ, upon act of the respective Minister of State.

§ 2nd The values to be paid for GDAIE will be calculated multiplying the sum of the points earned in the individual and institutional performance evaluations by the value of the constant point of Annex III for the positions of Specialist in Senior Infrastructure and Infrastructure Analyst.

§ 3rd The assessments will be processed in the subsequent month to the termination of the evaluation period and its financial effects will begin in the month following the processing of the assessments.

Art. 10. Until the results of the first performance evaluation period are processed, GDAIE will be paid in the value corresponding to forty points.

§ 1st The result of the first evaluation generates financial effects from the beginning of the evaluation period, and eventual compensation paid for greater or minor.

§ 2nd The provisions of this article apply to the occupier of the post of Nature Special and of positions in committee.

Art. 11. Until it is processed the first individual performance evaluation that comes to the effect of financial effect, the appointed server for effective post and the one who has returned from unpaid leave or assignment without entitlement to GDAIE's perception in the course of the evaluation cycle will receive the gratification in the value corresponding to twenty points.

Art. 12. The effective post holder of the Infrastructure Analyst Carrier or the post of Senior Infrastructure Specialist in effective exercise in his lotation organ, when invested in office in Special Nature commission, DAS-6, DAS-5 or equivalent, will make jus to GDAIE calculated on the basis of the maximum value of the individual instalment, added to the result of the institutional evaluation of the period.

Art. 13. The effective job occupant of the Infrastructure Analyst Carrier or the post of Senior Infrastructure Specialist who does not find himself developing activities in the lotation organ will only do jus to GDAIE:

I-when ceded to the Presidency or Vice-Presidency of the Republic, situation in which you will perceive the calculated GDAIE on the basis of the applicable rules as if you were in effective exercise on the source organ ; and

II-when ceded to organs or entities of the Federal Government distinct from the indicated in the inciso I, provided that he has invested in office in Special Nature commission, DAS-6, DAS-5, or equivalent, situation in which he will perceive the calculated GDAIE on the basis of the maximum value of the individual instalment, added to the outcome of the assessment institutional of the period.

Single Paragraph. The institutional evaluation of the server referred to in the incisos I and II will be that of the lotion organ.

Art. 14. GDAIE will not be able to be paid cumulatively with any other activity or productivity performance gratification, regardless of its denomination or calculation basis.

Art. 15. It is forty hours weekly the work journey of the occupants of the positions of the Infrastructure Analyst of Infrastructure or the post of Specialist in Senior Infrastructure.

Art. 16. The development of the server in the post of Infrastructure Analyst-Structure will occur upon functional progression and promotion.

§ 1st For the purposes of this article, functional progression is the pass-through of the server of a standard to another immediately superior, within a same class, and promotion, the server pass from the last standard of a class to the initial pattern of the immediately upper class, observing the following requirements:

I-for purposes of functional progression:

a) fulfillment of the eighteen-month interstine of effective exercise in each default ; and

b) average result higher than eighty per cent of the maximum score limit in the individual performance evaluations of which it treats § 4th of art. 5th at the intersttation considered for progression ;

II-for promotion purposes:

a) fulfillment of the eighteen months of effective exercise in the last default of each class ;

b) average higher than ninety per cent of the maximum score limit in the individual performance evaluations of which it treats § 4th of art. 5th at the intersttation considered for promotion ; and

c) participation in capacitive events with minimal hourly load established in regulation

§ 2nd the eighteen-month interstination of effective exercise for progression functional and for promotion, as set out in the points?a? of the incisos I and II of § 1st, it will be:

I-computed to contain the duration of the regulation referred to in art. 17 ;

II-computed in days, discounted the remunerated apartments that are not legally considered to be effective exercise ; and

III-interrupted, in cases where the server moves away without remuneration, being restarter the comic from the return to activity.

Art. 17. The criteria for granting functional progression and promotion that it treats art. 16 will be subject of regulation.

Art. 18. For the purposes of incorporation of GDAIE to the pension order or pensions, the following criteria will be adopted:

I-when to the server that gave rise to retirement or pension if it applies the willing in the arts. 3rd and 6º of Constitutional Amendment No 41, of December 19, 2003, and at art. 3rd of Constitutional Amendment No 47 of July 5, 2005, GDAIE will be corresponding to fifty per cent of the maximum value of the respective level, class and standard, or the single class, as per the respective effective post which gave rise to it ; and

II-in the other cases will apply, for the purposes of calculating pensions and pensions, the provisions of the Act No 10,887 of June 18, 2004.

Art. 19. The integral servers of the Infrastructure Analyst or occupants of the post of Specialist in Senior Infrastructure do not do jus to the perception of Activity Gratification-GAE that it treats the Delegated Act No 13, August 27 of 1992.

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

Brasilia, September 5. 2007 ; 186th of Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Pulo Bernardo Silva

This text does not replace the published in the DOU of 9/6/2007