LEI No. 11,539, DE November 8, 2007.

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

I do know that the PRESIDENT OF THE REPUBLIC adopted the 2007 Provisional Measure No. 389, which Congress National approved, and I, Narcio Rodrigues, First Deputy Chairman of the Bureau of the National Congress, in the exercise of the Presidency, for the effects of the provisions on art. 62 of the Federal Constitution, with the essay given by Constitutional Amendment No 32, combined with art. 12 of Resolution No. 1, of 2002-CN, promulgated the following Law:

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

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

II-post isolated from Specialist in Senior Infrastructure, top-level, 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 Annex I of this Act.

§ 2nd The specific assignments of the posts of which this article is to be established shall be established in decree.

§ 3rd The occupiers of the posts that it treats this article will only be booked into 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 of this article, define the lotation of the occupants of the posts of which it treats this article.

Art. 2nd The total quantitative of career positions and of the secluded post that it treats art. First of this Act is:

I-84 (eighty-four) posts of Specialist in Senior Infrastructure ; and

II-216 (two hundred and sixteen) Infra-Structure Analyst posts.

Art. 3rd admission to the posts shall be provided by means of 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 tender referred to in the caput of this article may, when couber, be held by areas of specialization 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 tender, the training specialized and professional experience, as well as the elimination and classificatory criteria.

§ 3rd The admission to the posts referred to in the caput of this article requires degree in level superior and knowledge at postgraduate level.

§ 4th Is prerequisite for admission to the post of Specialist in Infrastructure Senior 12 (twelve) years of experience in the exercise of higher level activities, corresponding to the exercise of attributions equivalent to those of the office, in the specific acting area established in the contest's edition.

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

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

Art. 4º The maturities of the occupants of the posts of which it treats art. 1º of this Act is as follows:

I-basic maturity, as per Annex II of this Act ;

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

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

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

I-maximum of 100 (one hundred) points per server ; and

II-minimum of 10 (ten) points per server.

§ 1º The scoring referred to GDAIE is thus distributed:

I-up to 70 (seventy-level) points due to the outcome of the institutional performance evaluation ; and

II-up to 30 (thirty) points as a result of the results of the individual performance evaluation.

§ 2º The occupants of the posts referred to in art. 1º of this Act will only do jus to GDAIE if in exercise of activities inherent in the respective posts in organs of the direct federal public administration.

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

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

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

§ 1º Individual assessment will have financial effect only if the server has remained in exercise of activities inherent in the respective office for at least 2/3 (two thirds) of a full period of evaluation.

§ 2º The active server recipient of GDAIE who obtain in the lower scoring performance evaluation at 40% (forty per cent) of the maximum point limit for individual evaluation will not make jus to the parcel referring to the institutional performance evaluation in the period.

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

Art. 8º The institutional performance targets will be fixed annually in the act of the leader maximum of the lotation 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.

§ 1º The goals referred to in the caput of this article 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.

§ 2º The institutional performance evaluation will refer to the performance of the organ in the area of acting of the posts that it treats art. 1º of this Act.

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

§ 4º The goals could be reviewed in the assumption of supervenience of factors that have influence significant and direct in its achievement, provided that the organ itself has not given cause to such factors.

§ 5º The act referred to in the caput of this article will define the minimum percentage of reach of the targets below which the GDAIE share corresponding to the institutional evaluation will be equal to 0 (zero), being the percentage of gratuity distributed proportionally in the range between that limit and the maximum reach index of the targets.

Art. 9º The assessments regarding the individual and institutional performances will be ascertained semiannual and will produce monthly financial effects for equal period.

§ 1º The periodicity of individual and institutional performance evaluations can be reduced in function of the peculiarities of the lotion organ by act of the respective Minister of State.

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

§ 3º The valuations will be processed in the subsequent month at the end of the evaluative period and their financial effects will start 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 at the corresponding value at 40 (forty) points.

§ 1º The result of the first evaluation generates financial effects from the beginning of the period of evaluation, and any differences paid to greater or minor should be compensated.

§ 2º The provisions of this article apply to the occupier of post of Special Nature and 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 20 (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 plot 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 GDAIE calculated on the basis of the applicable rules as if it were in effective exercise on the source organ ; and

II-when ceded to organs or entities of the Federal Government distinct from the nominees in the inciso I of the caput of this article, provided that you have invested in office in Special Nature Commission, DAS-6, DAS-5 or equivalent, situation in which you 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 of the caput of this article 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 40 (forty) weekly hours the work journey of the occupants of the posts 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.

§ 1º For the purposes of this article, functional progression is the server pass from one 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 18 (eighteen) months of effective exercise in each standard ; and

b) average result higher than 80% (eighty per cent) of the ceiling of the score in the evaluations of individual performance of which treats § 4º of the art. 5º of this Act at the intersttation considered for progression ;

II-for promotion purposes:

a) fulfillment of the 18 (eighteen) months of effective exercise in the last standard of each class ;

b) average result higher than 90% (ninety per cent) of the ceiling of the score in the evaluations of individual performance of which treats § 4º of the art. 5º of this Act at the interstjoin considered for promotion ; and

c) participation in empowerment events with minimum hourly load established in regulation.

§ 2º The 18 (eighteen) months of effective exercise for the functional progression and for the promotion, as set out in the subparagraphs of the incisos I and II of § 1º of this article, will be:

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

II-computed on days, discounted the remunerated departs that are not legally considered of effective exercise ; and

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

Art. 17. The criteria for granting functional progression and promotion that it treats art. 16 of this Act will be subject to 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 you apply the willing in the arts. 3º and 6º of Constitutional Amendment No 41, of December 19, 2003, and at art. 3º of Constitutional Amendment No 47 of July 5, 2005, GDAIE will be corresponding to 50% (fifty per cent) of the maximum value of the respective level, class and standard, or of the single class, as per the respective effective post which gave rise to it ; and

II-in the other cases shall apply, for the purposes of calculating pensions and pensions, the provisions of the Law 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 Act shall enter into force on the date of its publication.

National Congress, on November 8, 2007 ; 186º of Independence and 119º of the Republic

Assemblyman NARCIO RODRIGUES

First Deputy Chairman of the National Congress Bureau,

in the exercise of the Presidency

This text does not replace the published in the DOU of 11/9/2007