Decree No. 5,683, Of January 24, 2006

Original Language Title: Decreto nº 5.683, de 24 de Janeiro de 2006

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DECREE NO 5,683, DE January 24, 2006.

Approves the Regimental Framework and the Framework Demonstrative of the Cargos in Commission and the Gratified Functions of the Union Controller-General, 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,

DECRETA:

Art. 1º Stay approved of the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Union Controller-General 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, the Ministry of Planning, Budget and Management, to the Union Controller-General, a DAS 101.5 ; nineteen DAS 101.4 ; seven DAS 101.3 ; one hundred and forty-five DAS 101.2 ; twenty seven DAS 101.1 ; and a DAS 102.4 ; and

II-from the Controller-General of the Union to the Office of Management, Ministry of Planning, Budget and Management, a DAS 102.5 ; seven DAS 102.3 ; one hundred and forty-five DAS 102.2 ; and twenty-seven DAS 102.1.

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

Single Paragraph. After the apostillations provided for in the caput, the Minister of State for Control and Transparency shall make publication in the Official Journal of the Union within thirty days of the date of publication of this Decree, nominal relationship of the holders of the posts in commission of the Group-Direction and Superior-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 Union Controller-General shall be approved by the Minister of State for Control and Transparency 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 It is revoked the Decree No 4,785 of July 21, 2003.

Brasilia, January 24, 2006 ; 185th of the Independence and 118th of the Republic

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Dilma Rousseff

Waldir Pires

ANNEX I

REGIMENTAL STRUCTURE OF THE GENERAL CONTROLLER UNION

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1st The Controller-General of the Union, central organ of the Federal Executive Power's Internal Control System and an integral part of the structure of the Presidency of the Republic, directed by the Minister of State for Control and Transparency, has as its competence to directly and immediately assist the President of the Republic in the performance of their assignments, as to the matters and arrangements which, within the framework of the Executive Power, are to be reached for the defence of public heritage, internal control, audit public, to the correction, prevention and combating of corruption, the activities of listener and the increased transparency of management within the federal public administration.

Single Paragraph. It is also incumbent on the Union's General Controller to exercise the technical supervision of the organs that make up the Internal Control System, the Position System and the Federal Executive Power's ouvidority units, providing, as a central body, the orientation normative that you judge required.

Art. 2nd The Union Controller-General of the Union will refer to the Advocacy-General of the Union and the Public Prosecutor's Office the cases that set up administrative improbity and all how many recommend the unavailability of goods, the reaction to the eryary and other providing for those organs, as well as provoking, where necessary, the acting of the Court of Auditors of the Union, of the Office of the Federal Revenue Office of the Ministry of Finance, of the organs of the Federal Executive Power's Internal Control System and, when there are hints of criminal liability, of the Federal Police Department of the Ministry of Justice and the Public Prosecutor, including as to representations or denunciations that appear manifestly slander.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 3rd The Union Controller-General has the following organizational structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet ;

b) Legal advice ; and

c) Executive Secretariat:

1. Directorate of Institutional Development ;

2. Directorate of Internal Management ; and

3. Board of Systems and Information ;

II-singular specific organs:

a) Federal Office of Internal Control:

1. Board of Audit of the Economic Area ;

2. Social Area Audit Board of Auditing ;

3. Infrastructure Area Audit Directorate-Structural ;

4. Directorate of Audit of the Production and Employment Area ;

5. Directorate of Planning and Coordination of Control Actions ; and

6. Board of Personnel and Taken Auditing of Special Accounts ;

b) Ouvidorial-General of the Union ;

c) Corregedorial-General of the Union:

1. Joint General Corregedorial of the Economic Area ;

2. Deputy General Corregedorial of the Infrastructure Area ; and

3. Corregedorial-General Adjoint of the Social Area ;

d) Registration of Corruption and Strategic Information:

1. Directorate of Strategic Information ; and

2. Directorate of Corruption Prevention ;

III-decentralized units: Union Regional goods in the States ;

IV-collegiate organs:

a) Council on Public Transparency and Combat Corruption ;

b) Internal Control Coordination Commission ; and

c) Correction Coordinating Commission.

CHAPTER III

DAS COMPETENCIES OF ORGANS

I Section

of the Direct and Immediate Care Bodies to the Minister of State

Art. 4th to the Cabinet of the Minister of State competes:

I-attend the Minister of State within the scope of his acting, including in his functional, political and social representation ;

II-to be entrusted with the preparation and dispatch of the expedient of the Minister of State and his / agenda of audiences ;

III-dealing with public relations and supporting the realization of events that participate in the Minister of State with representations and national and foreign authorities ;

IV-plan, coordinate, and supervise the development of communication activities social control of the Union General Controller ;

V-keep track of the progress of the projects of interest of the Union's Controller-General, in tramitation in the National Congress ;

VI-coordinate, guide and monitor the topics related to the international area of interest from the Union's Controller-General ; and

VII-carry out other activities determined by the Minister of State.

Art. 5th To Legal Advice competes:

I-provide advice and consultancy to the Minister of State in matters of nature legal ;

II-attend the Minister of State in the internal control of the legality of the acts to be by it practiced or already effectivated ;

III-draw up studies on legal topics, when requested, and examine, prior and conclusively, bills of law, provisional measures, decrees and other normative acts of interest of the Union Controller General ;

IV-issue opinion in the representations and denunciations referred to it, by determination of the Minister of State, suggesting the cableable arrangements ;

V-prepare information for instruction of judicial proceedings of interest of the Controller-General of the Union ;

VI-propose the declaration of nullity of administrative act practiced within the framework of the Controller-General of the Union ;

VII-to examine, prior and conclusively, within the framework of the Union's Controller-General, the texts of author and contract editions, arrangements, agreements or congenial acts, to be concluded and published, as well as the acts by which to recognize the unchargeability, or to decide by bidding dispensation ; and

VIII-carry out other activities determined by the Minister of State.

Art. 6th To the Executive Officer shall compete:

I-attend the Minister of State in the supervision and coordination of activities of integral units of the Union Controller-General ;

II-assist the Minister of State in the definition of guidelines and the implementation of the actions of the areas of competence of the units of the Controller-General of the Union ;

III-attend the Minister of State in the coordination of planning processes strategic, organization and institutional assessment ;

IV-supervising and coordinating, within the framework of the Union's Controller-General, the activities of administrative modernization, as well as those related to federal planning and budget, accounting, financial administration, administration of information and informatics resources, human resources and the general services ;

V-follow up and control the fulfillment of required approaches, scrutinizing the compliance with the respective deadlines ;

VI-analyze the complaints and representations received, forward-the, as per the matter, to the competent units for the adoption of the cableable measures ;

VII-provide for the consultation of the consultations and the requirements formulated by the National Congress, the Judiciary Power and the Public Prosecutor's Office ;

VIII-supervising and coordinating studies for the elaboration of normative acts relating to the functions of the Union Controller-General ; and

IX-carry out other activities determined by the Minister of State.

Art. 7th To the Directorate of Institutional Development competes:

I-coordinate the elaboration and consolidation of annual and multiannual plans and programmes of the Controller-General of the Union, as well as follow up on its execution ;

II-co-ordinate, in articulation with the Directorate of Internal Management, the elaboration of activity reports, including the annual management report ;

III-co-ordinate and monitor the elaboration and execution of projects and actions carried out upon arrangements and agreements concluded by the Controller-General of the Union ;

IV-formulating and implementing strategies and mechanisms of integration, development and institutional strengthening ;

V-plan, coordinate and supervise the systematization, standardization and deployment of techniques and instruments of management and improvement of processes ; and

VI-co-ordinate, with the other bodies of the Union Controller-General, the elaboration and implementation of programs and projects of empowerment and social mobilization in the area of control and combating corruption.

Art. 8th To the Directorate of Internal Management competes:

I-plan and coordinate the execution of human resources management activities and materials, logistics, and budget and finance from the Union's Controller-General ;

II-promote the elaboration, consolidation and monitoring of the implementation of the plans and programmes of the Controller-General of the Union, in articulation with the Directorate of Institutional Development ;

III-coordinate the protocol activities and those related to the documentary hits and bibliographic of the Controller-General of the Union ;

IV-carry out studies and propose measures related to suitability needs and expansion of the functional framework and physical infrastructure of the Union's Controller-General ; and

V-supervise, coordinate, control and monitor the administrative activities of the decentralized units of the Union Controller-General.

Art. 9th The Directorate of Systems and Information competes:

I-propose the guidelines, standards and procedures guiding and disciplined the use of the resources related to information technology in the Union's Controller-General, as well as to verify their compliance ;

II-promotion, in line with guidelines approved by the Controller-General of the Union, prior feasibility study and the feasibility of developing, hiring and maintaining the technology solutions and information systems ;

III-making available technology solutions and information systems that the Controller-General of the Union in need ;

IV-maintain the heritage control of the computer park of the Controller-General of the Union, in articulation with the Directorate of Internal Management ;

V-propose information security policies, as well as check the efficiency of the actions implemented within the framework of the Union's Controller-General ;

VI-promote the prospection activity of new technologies aimed at the area of information technology ;

VII-disseminate and encourage the use of information technology solutions within the framework of Controller-General of the Union ; and

VIII-promote articulation with other organs of the Federal Executive Power and the other Powers in the topics related to information technology.

Section II

Of The Natural Specific Organs

Art. 10. To the Federal Office for Internal Control competes:

I-exercise the central organ activities of the Power Internal Control System Federal Executive ;

II-to propose to the Minister of State for standardization, systematization and standardization of operational procedures of the organs and of the integral units of the Federal Executive Power's Internal Control System ;

III-coordinate the activities that require integrated actions of the organs and units of the Federal Executive Power's Internal Control System ;

IV-assisting the Minister of State in the technical supervision of the activities performed by the organs and the integral units of the Federal Executive Power's System of Internal Control ;

V-subsidizing the Minister of State in verifying the consistency of the data contained in the fiscal management report, as laid out in art. 54 of the Supplementary Law no 101 of May 4, 2000 ;

VI-assisting the Minister of State in the drafting of the annual accounts of the President of the Republic, to be referred to the National Congress in accordance with the provisions of the art. 84, inciso XXIV, of the Constitution ;

VII-exercise control of credit operations, avais, guarantees, rights and haven of the Union ;

VIII-evaluate the performance and supervise the consolidation of the work plans of the internal audit units of the entities of the indirect federal public administration ;

IX-check compliance with the limits and conditions for carrying out operations of credit and inscription on remains to be paid ;

X-check and evaluate the adoption of measures for the return of total expenditure with personnel to the limit that they treat the arts. 22 and 23 of the Supplementary Law no 101, 2000 ;

XI-check the adoption of arrangements for the reconduct of the amounts of debts consolidated and furnished to the limits that it treats art. 31 of the Supplementary Law no 101, 2000 ;

XII-check the destination of resources obtained with the disposal of assets, having in view of the constitutional restrictions and those of the Supplementary Law no 101, 2000 ;

XIII-assess compliance with the targets set out in the multiannual plan and in the law of budget guidelines ;

XIV-evaluate the execution of the Union budgets ;

XV-scrutinize and evaluate the execution of government programs, including actions decentralized to the account of resources drawn from the Union's budgets, as to the level of implementation of the targets and the objectives set and the quality of the management ;

XVI-provide information on the physico-financial situation of the projects and the constant activities of the Union budgets ;

XVII-conduct audits on the management of federal public resources under the responsibility for public and private bodies and entities, as well as on the application of grants and revenue waiver ;

XVIII-carrying out audit and surveillance activities in accounting systems, financial, budgetary, personnel, external resources, and other administrative and operational systems ;

XIX-keep updated the cadaster of federal public managers, for purposes of providing of accounts to the Court of Auditors of the Union ;

XX-ascertain, in articulation with the Corregedoria-General of the Union and with the Registry of Prevention of Corruption and Strategic Information, the innate acts or facts of illegality or irregularity, practiced by public or private actors, in the use of federal public resources ;

XXI-determine the introduction of special account outlets and promote their registration for follow-up purposes ;

XXII-care for compliance with the provisions of art. 29 of Law No 10,180 of February 6, 2001, supervising and coordinating the update and maintenance of the data and relevant records ;

XXIII-foster empowerment and training in the areas of control, auditing and surveillance, under the guidance of the Secretariat-Executiva; and

XXIV-carry out other activities determined by the Minister of State.

Art. 11. The Directors of Audit of the Economic, Social, Infrastructure, and Production and Employment Audit areas shall carry out the audit and surveillance activities of the implementation of the governmental programs and actions of the organs and entities of the federal public administration, in their respective areas, to the exception of the organs and units of the Presidency of the Republic, the Advocacy-General of the Union, the Ministry of Foreign Affairs and the Ministry of Defence.

Art. 12. To the Directorate for Planning and Coordination of Control Actions competes:

I-co-ordinate actions related to strategic and operational planning and the statistical of the activities of the Federal Office of Internal Control ;

II-realizing the quality and audit procedures, supervision and other internal control actions ;

III-supporting the Federal Secretary for Internal Control in the coordination of the actions of control that involve more than one board ; and

IV-support the Federal Secretary for Internal Control in the coordination of control actions which require centralized articulation with regional units or external bodies.

Art. 13. To the Directorate of Personnel and Takeover Auditing of Special Accounts competes:

I-conduct audits and audits in the processes and systems of administration and payment of personnel ;

II-orient and follow up on the verification activities of the accuracy and sufficiency of the data concerning the admission and dislocation of personnel and the granting of pensions and pensions in the direct, municipal and founder federal public administration, as well as admissions and shutdowns in public companies and economics societies mixed ; and

III-check, certify, and control the special account outlets.

Art. 14. The Union's Ouvidorial-General competes:

I-guide the performance of the other organ ouvidory units and entities of Power Federal Executive ;

II-examine demonstrations regarding the provision of public services by the organs and entities of the Federal Executive Power ;

III-propose the adoption of measures for the correction and prevention of failures and omissions of the responsible for inadequate provison of public service ;

IV-produce indicative statistics of the satisfaction level of users of services public provided within the framework of the Federal Executive Power ;

V-contribute to the dissemination of the forms of popular participation in monitoring and surveillance of the provision of public services ;

VI-identify and suggest standards of excellence of Power's ouvidoria activities Federal Executive ;

VII-suggest the expedition of normative acts and guidelines, aiming at correcting situations of inadequate provison of public services ; and

VIII-promoting empowerment and training related to the activities of ouvidoria.

Art. 15. To the Corregedorial-General of the Union competes:

I-exercise the central organ activities of the Executive Power's Position System Federal ;

II-analyse, in articulation with the Federal Registry for Internal Control and with the Secretary for the Prevention of Corruption and Strategic Information, the representations and denunciations that are forwarded to the Union Controller-General ;

III-conduct preliminary investigations, inspections, syndications, including the patrimonial, and disciplinary administrative processes ;

IV-institution or application for the introduction, of office or from representations and denunciations, from unionists, disciplinary administrative proceedings and other correctional procedures to ascertain responsibility for irregularities practiced within the Federal Executive Power ;

V-propose to the Minister of State for the avocation of syndications, procedures and other current administrative processes in organs or entities of the federal public administration ;

VI-establish syndication or administrative proceedings or, as the case is, propose to the Minister of State to represent the President of the Republic to ascertain the possible omission of the authorities responsible for the procedures to which the previous incisos refer ;

VII-ascertaining the liability of public servants for the unwarranted discompliance of recommendations of internal control and decisions of external control ;

VIII-carry out inspections in the units of the Executive Power Correction System Federal ;

IX-check the regularity of syndications and administrative processes instituted within the framework of the Federal Executive Power ;

X-propose the avocation and declaration of nullity of syndicances and procedures and disciplinary administrative proceedings instituted within the framework of the Federal Executive Power ;

XI-propose the requisition of federal employees and public servants required to constitution of syndication commissions and disciplinary administrative process ;

XII-applying for public bodies and entities and legal persons and legal persons private documents and information required for instruction of ongoing procedures in the Union Controller-General ;

XIII-require the organs and entities of the federal public administration to carry out peresses ; and

XIV-foster empowerment and training in disciplinary administrative process and in other correction activities, under the guidance of the Executive Officer.

Art. 16. To the Corregedorias-General Adds of the Economic Area, of Infrastructure and Social competes to ascertain irregularities occurring in organs and entities that lie in their spheres of competence, follow up and conduct correctional procedures, well how to coordinate the activities of the Sectorial Corregedorias that act together with the Ministries.

Art. 17. To the Office of Corruption Prevention and Strategic Information competes

I-promote the increment of public transparency ;

II-collect and give treatment to the strategic information necessary to the developments in the activities of the Union's Controller-General ;

III-promote continuous exchange, with other bodies, of strategic information to the prevention and combating of corruption ;

IV-refer to the Federal Registry for Internal Control and the Union's General Corregedorial information received from research and intelligence bodies ;

V-follow up on the evolution of the public agents of the Federal Executive Power and observe the existence of exterior signs of wealth, identifying eventual mismatches with their declared income ;

VI-fostering the participation of civil society in the prevention of corruption ;

VII-acting to prevent conflict of interest situations in the performance of functions public ;

VIII-contribute to the promotion of ethics and the strengthening of the integrity of the public institutions ;

IX-gather and integrate data and information regarding prevention and combat to graft ;

X-promote empowerment and training related to your areas of acting, under the orientation of the Secretariat-Executiva; and

XI-coordinate, within the framework of the Union's Controller-General, the activities that require actions integrated intelligence.

Art. 18. To the Directorate of Strategic Information competes:

I-maintain exchange with organs and entities of public power and private institutions, that carry out research and intelligence activities, aiming at the exchange and intersection of strategic information and the obtaining of knowledge, necessary to the activities of the Union's Controller-General ;

II-realizing strategic information requests to organs and entities that act on the areas of research and intelligence ;

III-give treatment to the strategic information collected, with views to subsidize the activities of the Controller-General of the Union ;

IV-carry out analyses and research aiming at the identification of ilicitudes practiced by federal public agents ;

V-proceed to the systematic examination of the declarations of goods and income of public servants federal, instituting, where necessary, preliminary investigation procedure to ascertain eventual illicit enrichment ;

VI-produce strategic information and knowledge that can subsidize the activities of the other units of the Controller-General of the Union ;

VII-propose and adopt measures, in articulation with the Directorate of Systems and Information, to protect the Controller-General of the Union against the unauthorized dissemination of knowledge and sensitive or strategic information ; and

VIII-acting on the prevention and neutralization of the adverse intelligence actions.

Art. 19. To the Directorate of Corruption Prevention competes:

I-conduct research and studies on the phenomenon of corruption, consolidating and disseminating the data and knowledge obtained ;

II-propose and run projects and actions that contribute to the increment of transparency of public management ;

III-develop methodologies for the construction of risk maps in institutions public and propose measures that prevent damage to public heritage ;

IV-monitor the implementation of international conventions and commitments made by Brazil, which have as their object the prevention and combating of corruption ;

V-propose and adopt measures that prevent situations of conflict of interest in the performance of public functions ; and

VI-stimulates citizen participation in social control.

Section III

Of Decentralized Units

Art. 20. The Regional Goods of the Union in the States competes, within the respective area of acting and under the supervision of the leaders of the central units, the assignments established in internal regiment.

Section IV

Of The Collegiate Organs

Art. 21. To the Public Transparency Council and Combating Corruption, created by Law No 10,683 of May 28, 2003, it is up to exercise the powers set out in the Decree No 4,923 of December 18, 2003.

Art. 22. The Committee for the Coordination of Internal Control is to exercise the skills set out in the art. 10 of Decree No 3,591 of September 6, 2000.

Art. 23. The Correction Coordination Commission is to exercise the skills set out in the art. 6º of Decree No 5,480 of June 30, 2005.

CHAPTER IV

OF THE ALLOCATIONS OF LEADERS

I Section

From the Executive Secretary

Art. 24. The Executive Secretary is to attend the Minister of State in the performance of the following assignments:

I-co-ordinate and consolidate the plans and projects of the Union Controller ;

II-plan, drive, guide, evaluate, and control the execution of the projects and activities supervised by the Secretariat-Executiva;

III-supervise and coordinate the articulation of the units of the Controller-General of the Union with the organs of the Presidency of the Republic, of the Vice-President of the Republic, of the federal public administration, direct and indirect, and of the mixed economy societies and their subsidiaries or controlled ;

IV-supervise the planning and execution of the budget activities and the administrative affairs of the Controller-General of the Union ;

V-exercise the activities of supervision and coordination of the integral units of the structure of the Union Controller-General ;

VI-determine the introduction of correctional procedure and control actions ; and

VII-exercise other assignments that are committed to it by the Minister of State.

Section II

Of the other Leaders

Art. 25. To the Chief Minister's Office, the Head of Legal Advisor, the Federal Secretary for Internal Control, the Outer-General, the Correged-General, the Secretary for Corruption Prevention and Strategic Information, the Directors, and the other leaders must plan, direct and coordinate the implementation of the activities of their respective units and to exercise other tasks that are to be carried out.

CHAPTER V

DAS FINAL PROVISIONS

Art. 26. Personnel requisitions to have exercise in the Union Controller-General are irredeemable, for an indeterminate time, and should be promptly met.

Single Paragraph. The requisitions in which it treats the caput will be made through the Civil House of the Presidency of the Republic.

Art. 27. To the servants and public servants of any body or entity of the federal public administration, placed at the disposal of the Union Controller-General, all the rights and advantages to which they make jus in the body or entity of source, including functional promotion and progressi

§ 1st server or public servant requested will continue contributing to the pension institution to which you are filmed, without interruption of the service time count on the source organ or entity.

§ 2nd The period in which the server or public servant shall remain at the disposal of the Controller-General of the Union shall be considered, for all purposes of functional life, as an effective exercise in office or employment that occupation in the body or entity of origin.

§ 3rd The progression and promotion to which the caput refers, respected the criteria of each organ or entity, may be granted by the federal, direct and indirect public administration, without prejudice to the quotas or limits laid down in the respective personnel regulations.

Art. 28. The performance of function in the Union Controller-General constitutes relevant service and merger title, for all the effects of the functional life of the server or public servant.

Art. 29. The internal regiment will define the detailing of the integral units of the Regimental Structure of the Union Controller, the competencies of the respective units and the tasks of their leaders.