Decree No. 4,118, Of 7 February 2002

Original Language Title: Decreto nº 4.118, de 7 de Fevereiro de 2002

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DECREE NO 4,118, DE February 7, 2002.

Has about the organization of the Presidency of the Republic and the Ministries and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VI, paragraph "a", of the Constitution, and in view of the provisions of Law no 9,649 of May 27, 1998, and in Provisional Measure no 2.216-37, of August 31, 2001,

DECRETA:

Chapter I

DA CHAIRMANSHIP OF THE REPUBLIC

I Section

From Structure

Art. 1o The Presidency of the Republic consists, essentially, by the Civil House, the General Secretariat and the Institutional Security Bureau.

§ 1o Integrate the Presidency of the Republic as an organs of immediate advising to the President of the Republic:

I-the Council of Government ;

II-the Solicitor-General of the Union ; and

III-the Office of the President of the Republic.

§ 2the Junto to the Presidency of the Republic will function, as consultation bodies of the President of the Republic

I-the Council of the Republic ; and

II-the National Defense Council.

§ 3o Integrate still the Presidency of the Republic:

I-the Corregedorial-General of the Union ;

II-the Special Secretary for Urban Development ; and

III-the Secretary of State for Government Communication.

Section II

From the Civil House

Art. 2o The Civil House of the Presidency of the Republic competes:

I-attend directly and immediately to the President of the Republic in the performance of their assignments, especially:

a) in the coordination and integration of the Government's actions ;

b) in the prior verification of the constitutionality and legality of presidential acts ;

c) in the analysis of merit, timeliness and compatibility of proposals with government guidelines ; and

d) in publishing and preserving the official acts ;

II-internal control and public auditing ;

III-exercise, through the National Institute of Information Technology-ITI, the function of the Raiz-AC Raiz Certification Authority of the Brazilian Public Key Structure-Brazilian-Brazilian ; and

IV-supervise and execute the administrative activities of the Presidency of the Republic and, in addition, of the Vice-Presidency of the Republic.

Art. 3o Integrate the basic structure of the Civil House the Council of the Solidary Community Program, the Deliberative Council of the Amazon Protection System, the National Archive, the National Press, the Commission of Coordination of Internal Control, the Cabinet, three Secretaries, being an Executive, up to two Subchefias and an Internal Control organ.

Single Paragraph. It further integrates the Civil House to the Executive Secretariat of the Solidary Community Programme.

Section III

From the Secretariat-General

Art. 4o To the General Secretariat of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, to carry out political coordination of the Government, the relationship with the National Congress, the interlocation with the states, the Federal District and the Municipalities, political parties and civil society entities.

Art. 5o Integrate the basic structure of the General Secretariat of the Presidency of the Republic the Cabinet, the Subsecretarial-General and up to two Secretaries.

Section IV

From the Office of Institutional Security

Art. 6o The Office of the Institutional Security of the Presidency of the Republic competes:

I-attend directly and immediately to the President of the Republic in the performance of his assignments ;

II-prevent the occurrence and articulate crisis management, in the event of serious and imminent threat to institutional stability ;

III-carry out personal advising on military and security matters ;

IV-coordinating the information's federal and security intelligence activities ;

V-zelar, secured the exercise of the police power, personal security of the Head of State, the Vice-President of the Republic, and their relatives, the holders of the essential organs of the Presidency of the Republic, and of others authorities or personalities when determined by the President of the Republic, as well as the security of the presidential palaces and the residences of the President and Vice President of the Republic ; and

VI-coordinate and integrate Government actions on aspects related to the prevention activities of the misuse of entorsinent substances that cause physical or psychic dependence, as well as those related to the treatment, recovery and social reinsertion of dependents.

Art. 7o Integrate the basic structure of the Institutional Security Bureau the National Anti-Drug Council, the Brazilian Intelligence Agency-ABIN, the National Antidrug Registry, the Cabinet, a Registry and a Subchefia.

Single Paragraph. The National Anti-drug Secretary will perform the activities of the National Anti-Drug Board's Executive Offices.

Art. 8o The places where the Head of State and the Vice-President of the Republic work, reside, be or are there the imminence of coming to be, and adjoining, are areas considered to be safe from the said authorities, going to the Office of Institutional Security of the Presidency of the Republic, for the purposes of the provisions of this article, to adopt the necessary measures for their protection, as well as to coordinate the participation of other security bodies in these actions.

Art. 9o The post of Head of the Institutional Security Office of the Presidency of the Republic is of a military and deprivation of Official-General of the Armed Forces.

V Section

From the Council of Government

Art. 10. The Governing Council competes to advise the President of the Republic in the formulation of guidelines of governmental action, dividing himself into two levels of acting:

I-Council of Government, integrated by the Ministers of State, by the holders of the essential bodies of the Presidency of the Republic and the Advocate General of the Union, which shall be chaired by the President of the Republic, or, for their determination, by the Head of the Civil House, and secretariat by one of the members for this purpose designated by the President of the Republic ; and

II-Chambers of the Council of Government, to be set up in act of the Executive Power, with the purpose of formulating sectoral public policies, the scope of which exceeds the competencies of a single Ministry.

Single Paragraph. To develop the executive actions of the Chambers mentioned in the inciso II, Executives Committees, whose creation, competence, composition and operation will be set out in act of the President of the Republic.

Art. 11. The Council of Government shall meet upon convocation of the President of the Republic.

Section VI

Of The Advocate General of the Union

Art. 12. The Advocate General of the Union, the highest legal advisory body of the Executive Power, shall be to advise the President of the Republic on matters of a legal nature, by drawing up opinions and studies or by proposing standards, measures, guidelines, assist you in the internal control of the legality of the acts of the Administration, suggest you measures of legal character claimed by the public interest and present you with the information to be provided to the Judiciary Power when challenged act or omission presidential.

Section VII

From the President's Office of the Republic

Art. 13. To the Office of the President of the Republic, an immediate advising body to the President of the Republic, competes:

I-attend directly and immediately to the President of the Republic in the performance of his assignments ;

II-to be entrusted with the activities of organization of the agenda, help-of-orders, private secretary and organization of the private documentary acquis of the President of the Republic ; and

III-coordinating the actions of Cerimonial, Special Advisor and the Press and Disclosure Registry.

Section VIII

From the Council of Republic

Art. 14. The Council of the Republic shall be the superior body of consultation of the President of the Republic, with the composition and powers provided for in the Constitution and the organization and functioning governed by Law no 8,041 of

Single Paragraph. The Council of the Republic has as the Executive Secretary the Head of the Civil House.

Section IX

From the National Defense Council

Art. 15. The National Defense Council is the Consultation Body of the President of the Republic in matters relating to national sovereignty and the defence of the democratic state, with the composition and powers provided for in the Constitution and the organization and the operation regulated by Law no 8,183, of April 11, 1991.

Single Paragraph. The National Defense Council has as the Executive Secretary the Head of the Institutional Security Office.

X Section

From the Corregedorial-General of the Union

Art. 16. To the Corregedorial-General of the Union competes directly and immediately to the President of the Republic in the performance of his 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.

Art. 17. The Union's General Corregedorial has, in its basic structure, the Cabinet, Subcorregedorial-General and Legal Advisor.

Art. 18. To the Corregedoria-General of the Union, in the exercise of its competence, it is up to the due course to the substantiated representations or complaints that it receives, concerning injury, or threat of injury, to the public heritage, by vetting for its disliness integral.

§ 1o To the Corregedoria-General of the Union, by its holder, whenever it finds omission from the competent authority, it should be required to apply for the establishment of syndication, procedures and administrative procedures others, and to avoce those already under way in the body or entity of the Federal Public Administration, to correct them the progress, including by promoting the application of the cabin administrative penalty.

§ 2o Cumpre to the Corregedorial-General of the Union, in the hypothesis of § 1o, establish syndication or administrative proceedings or, as the case may be, represent the President of the Republic to ascertain the omission of the authorities responsible.

§ 3o The Union's Corregedorial-General will refer to the Union Advocate-General the cases that set administrative improbity and all how many recommend the unavailability of goods, the reaction to the eryary and other provided by that Institution, as well, shall provoke, where necessary, the acting of the Court of Auditors of the Union, the Office of the Federal Revenue Office, the organs of the Federal Executive Power's Internal Control System and, when there is indications of criminal liability, the Federal Police Department and the Public Prosecutor's Office, including as for representations or denunciations that appear manifestly slander.

§ 4o Include from the administrative procedures and processes of establishment, and avocation, provided to the Union Corregedorial, those objects of the Single Legal Regime of the Federal Servers and Legislation on Administrative Improbity, as well as others to be developed, or already in progress, in the Federal Public Administration's organ or entity, provided that related to injury, or threat of injury, to public heritage.

§ 5o The Union's Correged.-General in the exercise of its competence rests, especially:

I-decide, preliminarily, on the substantiated representations or denunciations that it receives, indicating the cableable arrangements ;

II-establish administrative procedures and processes to their office, constituting their respective committees, as well as requesting the establishment of those who come unjustifiably retarded by the responsible authority ;

III-monitoring administrative procedures and processes in progress in organs or entities of the Federal Public Administration ;

IV-conduct inspections and avocate procedures and processes under way in the Federal Public Administration, for examination of its regularity, proposing the adoption of providence, or correction of failures ;

V-effector, or promote, the declaration of the nullity of procedure or administrative proceedings, as well as, if applicable, the immediate and regular ascertainment of the facts involved in the autos, and in the declared nullity ;

VI-requisition procedures and administrative procedures already filed by Federal Public Administration authority ;

VII-requisition, the body or entity of the Federal Public Administration or, where appropriate, to propose to the President of the Republic that the necessary information and documents be requested for proceedings of the Corregedorial-General of the Union ;

VIII-application, to the organs and to federal entities, the servers and employees necessary for the constitution of the commissions object of inciso II, and of other analogues, as well as any server or employee indispensable to the instruction of the process ;

IX-propose legislative or administrative measures and suggest actions necessary to prevent the repetition of irregularities found ; and

X-develop other assignments that it entrusts the President of the Republic.

Art. 19. The holders of the organs of the Federal Executive Power's Internal Control System shall scientify the Union's Correged. General of the irregularities verified and recorded in their reports, reaching for acts, or facts, attributable to agents of the Federal Public Administration, of which there is a result, or may result, injury to the eryee, of value exceeding the limit fixed, by the Court of Auditors of the Union, in respect of special account takeover, elaborated in a simplified manner.

Art. 20. They shall be promptly met with the requisitions of personnel, including technicians, by the Union's Correged-General, which shall be irrecable.

Art. 21. The organs and entities of the Federal Public Administration are required to meet, within the stated time, the other requisitions and requests of the Union's Correged.-General, as well as to communicate to him the establishment of syndication, or other proceedings administrative, and the respective result.

Section XI

From the Special Secretary of Urban Development

Art. 22. The Special Secretary for Urban Development of the Presidency of the Republic competes directly and immediately to the President of the Republic in the performance of his assignments, especially in the formulation and coordination of urban development, and promote, in articulation with the various spheres of government, with the private sector and non-governmental organizations, actions and programs of urbanization, housing, basic sanitation and urban transport.

Art. 23. They integrate the basic structure of the Special Secretariat for Urban Development the Cabinet, the Curator Council of the Social Development Fund-FDS and up to three Secretaries.

Art. 24. The Special Secretary for Urban Development has the prerogatives, guarantees, advantages and rights equivalent to those of Minister of State.

XII Section

From the Secretary of State of Government Communication

Art. 25. To the Secretary of State for Government Communication of the Presidency of the Republic competes:

I-attend directly and immediately to the President of the Republic in the performance of his assignments, especially in the matters concerning the policy of communication and social disclosure of the Government and the deployment of programmes informative ;

II-the coordination, supervision and control of the advertising of the organs and entities of the Federal Public Administration, directly and indirectly, and of societies under Union control ; and

III-convening mandatory radio and television networks.

Art. 26. They integrate the basic structure of the Government Communication Secretary of Government the Cabinet and up to three Secretaries.

XIII Section

From the Solidary Community Program

Art. 27. The Solidarian Community Program, linked to the Presidency of the Republic, aims to coordinate actions targeting the fulfillment of the share of the population that does not have the means to provide for its basic needs, in particular the fight against hunger and the poverty.

Single Paragraph. The Council of the Solidary Community Programme is aimed at promoting political dialogue and partnerships between government and society for the confrontation of poverty and exclusion, through innovative social development initiatives.

Chapter II

DOS MINISTRIES

I Section

The Denomination

Art. 28. The Ministries are as follows:

I-of Justice ;

II-of Defense ;

III-of foreign affairs ;

IV-da Fazenda ;

V-of Transport ;

VI-of Agriculture, Livestock and Supply ;

VII-of Education ;

VIII-of Work and Employment ;

IX-of Health ;

X-from Development, Industry and CommerceExterior ;

XI-of Mines and Energy ;

XII-from Planning, Budget and Management ;

XIII-of Communications ;

XIV-from Welfare and Social Care ;

XV-of Culture ;

XVI-of Science and Technology ;

XVII-of the Environment ;

XVIII-from Sport and Tourism ;

XIX-of National Integration ; and

XX-of Agrarian Development.

Single Paragraph. They are Ministers of State for the holders of the Ministries, the Head of the Civil House of the Presidency of the Republic, the Head of the Institutional Security Office, the Head of the General Secretariat of the Presidency of the Republic, the Advocate General of the Union and the Correged.-General of the Union.

Section II

From the Ministry of Justice

Art. 29. They are areas of competence of the Ministry of Justice:

I-defence of the legal order, political rights and constitutional guarantees ;

II-judicial policy ;

III-rights of citizenship, rights of the child, the teenager, the Indians and minorities ;

IV-numbents, public safety, transit, Federal Poles, Road and Federal Railway and the Federal District ;

V-defence of the rights of persons with disabilities and promotion of their integration to community life ;

VI-defence of the national economic order and consumer rights ;

VII-planning, coordination and administration of national penitentiary policy ;

VIII-nationality, immigration and foreign nationals ;

IX-ouvidoria-geral;

X-ouvidority of federal policemen ;

XI-legal, judicial and extrajudicial assistance, integral and free of charge, to those in need, so considered in law ;

XII-defence of the goods and of the Union's own and the integral entities of the Federal Indirect Administration ;

XIII-articulate, integrate and propose the Government's actions in the aspects related to the activities of repression to misuse, illicit trafficking and unauthorized production of narcotic substances and drugs that cause physical or psychic dependence ; and

XIV-attend the President of the Republic in all matters not affection to another Ministry.

§ 1o The acts of appointment of Minister of State are referred to by the Minister of State for Justice.

§ 2o The acts of appointment of the Minister of State for Justice and exoneration of any Minister of State will have no ministerial referral.

§ 3o The competence relative to the rights of Indians that treats the inciso III of the caput includes the monitoring of the health actions developed for the sake of indigenous communities.

Art. 30. They integrate the basic structure of the Ministry of Justice to the Secretary of State for Human Rights, the Human Person's Rights Council, the National Council on Combating Discrimination, the National Criminal Policy Board and Penitentiary, the National Transit Council, the National Women's Rights Council, the National Council on the Rights of the Child and the Adolescent, the National Public Safety Board, the Federal Gestor Council of the Defense Fund of the Diffusion Rights, the National Board of the Rights of the Disability Carrier, the Federal Police Department, the Federal Highway Police Department, the Union Public Defensoria and up to five Secretaries.

§ 1the Compete to the Secretary of State for Human Rights:

I-rights of citizenship, the rights of the child, the teenager and minorities ; and

II-defence of the rights of persons with disabilities and promotion of their integration to community life.

§ 2o The Secretary of State for Human Rights is made up of up to two finalistic secretaries.

Section III

From the Ministry of Defense

Art. 31. They are areas of competence of the Ministry of Defence:

I-national defense policy ;

II-political and military strategy ;

III-doctrine and employment planning of the Armed Forces ;

IV-special projects of interest of national defense ;

V-strategic and operational intelligence in the interest of defense ;

VI-military operations of the Armed Forces ;

VII-international relationship of the Armed Forces ;

VIII-defence budget ;

IX-military legislation ;

X-policy of national mobilization ;

XI-policy of science and technology in the Armed Forces ;

XII-social communication policy in the Armed Forces ;

XIII-policy of remuneration of the military and pensioners ;

XIV-national policy of exporting military employment material, as well as fostering the research and development, production and export activities in areas of interest of the defense and control of the export of bélc material from conventional nature ;

XV-acting of the Armed Forces, when couber, in the guarantee of law and order, aiming at the preservation of public order and the incolumnity of people and heritage, as well as their cooperation with national development and civil defence and support for combating cross-border and environmental offences ;

XVI-military logistics ;

XVII-military service ;

XVIII-assistance to the health, social and religious of the Armed Forces ;

XIX-constitution, organization, effective, adestration and the rushing of naval, terrestrial and air forces ;

XX-national maritime policy ;

XXI-safety of air navigation and the aquaviary traffic and safeguarding of human life at sea ;

XXII-National aeronautical policy and acting in the national policy of development of aerospace activities ;

XXIII-aerospace, aeronautical and airport infrastructure ; and

XXIV-territorial ordination, in conjunction with the Ministry of National Integration.

Art. 32. They integrate the basic structure of theMinistry of Defence the Civil Aviation Council, the Military Defense Council, the Navy Command, the Army Command, the Aeronautics Command, the Defence Staff, the Superior War School, the Armed Forces Hospital, the Centre for Catalogation of the Armed Forces, the Brazilian Representation in the Inter-American Defense Board, up to three Secretaries and an internal control organ.

Single Paragraph. To the Civil Aviation Council, chaired by the Minister of State for Defence and composed in the form laid down in regulation, it is incumbent on proposing the policy on the civil aviation sector.

Section IV

From the Ministry of Foreign Affairs

Art. 33. They are areas of competence of the Ministry of Foreign Affairs:

I-international politics ;

II-diplomatic relations and consular services ;

III-participation in trade, economic, technical and cultural negotiations with governments and foreign entities

IV-programmes of international cooperation ; and

V-support for delegations, comitives and Brazilian representations in international and multilateral agencies and bodies.

Art. 34. They integrate the basic structure of the Ministry of Foreign Affairs to the Secretary of Diplomatic Planning, the Cerimonial, the Inspectorate-General of the Foreign Service, the General Secretariat of Foreign Affairs, this comprised of up to four Subsecretaries, the Secretary of Internal Control, the Rio Branco Institute, the permanent diplomatic missions, the consular repartitions, the Foreign Policy Board and the Promotions Commission.

Single Paragraph. The Foreign Policy Board shall be chaired by the Minister of State for Foreign Affairs and integrated by the Secretary-General, the General Secretariat of the General Secretariat of Foreign Affairs and the Chief Minister of the Minister of State of the Foreign relations.

V Section

From the Ministry of Finance

Art. 35. They are areas of competence of the Ministry of Finance:

I-currency, credit, financial institutions, capitalization, popular savings, private insurance and open private pension ;

II-policy, administration, supervision and tax and customs collection ;

III-financial management and public accounting ;

IV-administration of internal and external government debts ;

V-economic and financial negotiations with governments, multilateral bodies and government agencies ;

VI-prices in general and public and administrated tariffs ;

VII-surveillance and control of exterior trade ;

VIII-realization of studies and research for monitoring the economic juncture ; and

IX-authorize, ressalvaged the powers of the National Monetary Council:

a) the free distribution of awards for advertisement title when done upon draw, worth-toast, contest or assorted operation ;

b) consortium operations, mutual fund and other similar associative forms, which object to the acquisition of goods of any nature ;

c) the sale or promise of sale of retail goods, upon public offer and with advance receipt, partial or total, of the respective price ;

d) the sale or promise of sale of rights, including quotas owned by civil entities, such as hospital, motel, club, hotel, recreation centre or accommodation and organization of services of any nature with or without prorogation of maintenance expenses, upon public offer and with advance payment of the price ;

e) the sale or promise of sale of land lower to installments upon draw ;

f) any other modality of early caption of popular savings, upon promise of countering in goods, rights or services of any nature ; and

g)the exploration of lotteries, including the "Sweepstakes" and other modalities of lotteries carried out by promoter entities of horse racing.

Art. 36. They integrate the basic structure of the Ministry of Finance the National Monetary Council, the National Fazendary Policy Board, the National Financial System Resources Board, the National Private Insurance Board, the Board of Resources of the National Private Insurance, Open Private Insurance and Capitalization System, the Financial Activities Control Board, the Upper House of Tax Resources, the 1o, 2o and 3o Boards of Taxpayers, the Board Director of the Export Guarantee Fund-CFGE, the Brazilian Committee on Nomenclature, the Committee for the Assessment of Credits to the Exterior, the Coordinating Committee of the Federal Public Financial Institutions, the Attorney General of the National Farm, the School of Fazendary Administration and up to five Secretaries.

Section VI

From the Ministry of Transport

Art. 37. They are areas of competence of the Ministry of Transport:

I-national railway, road and aquaviary transport policy ;

II-merchant shipping, ports and waterways ; and

III-participation in the coordination of aerospace transport.

Single Paragraph. The competencies assigned to the Ministry of Transport in the incisos "I" and "II" of the caput comprise:

I-the formulation, coordination and oversight of national policies ;

II-the strategic planning, the establishment of guidelines for their implementation and the definition of the priorities of the investment programs ;

III-the approval of the outorgas plans ;

IV-the establishment of guidelines for the representation of Brazil in international bodies and in conventions, agreements and treaties referring to the means of transport ;

V-the formulation and supervision of the implementation of the policy regarding the Merchant Marine Fund, intended for the renewal, recovery and extension of the national merchant fleet, in articulation with the Ministries of the Finance, Development, Industry and Exterior Trade and Planning, Budget and Management ; and

VI-the establishment of guidelines for the affliction of foreign vessels by Brazilian shipping companies and for the release of the transport of prescribed loads.

Art. 38. They integrate the basic structure of the Ministry of Transport to the Federal Commission on Railways-COFER and up to three Secretaries.

Section VII

From the Ministry of Agriculture, Livestock and Supply

Art. 39. They are areas of competence of the Ministry of Agriculture, Livestock and Supply:

I-agricultural policy, covering production, marketing, supply, storage and guarantee of minimum prices ;

II-production and promotion of agrolivestock, including fishing activities and hevekeeping ;

III-market, commercialization and agri-livestock supply, including regulatory and strategic stocks ;

IV-agriculture information ;

V-animal and plant health protection ;

VI-supervision of inputs used in the agrolivestock activities and the provision of services in the sector ;

VII-classification and inspection of animal and plant products and derivatives, including in actions in support of the activities exercised by the Ministry of Finance, regarding foreign trade ;

VIII-protection, conservation and soil manure, aimed at the agricultural productive process and livestock farming ;

IX-technological research in agriculture and livestock farming ;

X-meteorology and climatology ;

XI-cooperativism and rural associativism ;

XII-rural energization, agroenergy, including rural electrification, when cushioned with resources from the Union General Budget ;

XIII-technical assistance and rural extension ;

XIV-policy on coffee, sugar and alcohol ; and

XV-planning and exercise of governmental action in the activities of the agroindustrial canavier sector.

Single Paragraph. In exercising the competence of which it treats the inciso II of the caput of this article, concerning the promotion of fishing and the equal beekeeping, the Ministry of Agriculture, Livestock and Supply should:

I-organize and maintain the General Register of Fisheries provided for in art. 93 of Decree-Law no 221, of February 28, 1967 ;

II-grant licences, permits and authorizations for the exercise of commercial and artisanal fishing and the aquestrian in the fishing areas of the National Territory, comprising both continental and inland waters and the territorial sea, of the Continental Platform, Exclusive Economic Zone, adjacent areas and international waters, for capture of:

a) highly migratory species, as per the United Nations Convention on the Rights of the Sea, in excess of marine mammals ;

b) underblown or unexploded species ; and

c) overblown or threatened over-exploitation species, observed the provisions of § 1the of art. 61 ;

III-authorize the renting of foreign fishing vessels to operate in the capture of the species of which they treat the letters "a" and "b" of the inciso II of this paragraph, except in inland waters and territorial sea ;

IV-authorize the operation of foreign fishing vessels, in the cases provided for in international fisheries agreements concluded by Brazil, to exercise their activities under the conditions and within the limits set out in the respective pact ;

V-establish measures that allow for the sustainable use of highly migratory fishing resources and those that are underblown or unexploded ;

VI-provide the Ministry of the Environment with the data of the General Fisheries Register concerning the licences, permits and permits granted for fishing and the equal beekeeping, for the purposes of automatic registration of the beneficiaries in the Technical Cadastro Federal of Potentially Polluting Activities and User of Environmental Resources ;

VII-pass on to the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA fifty percent of the revenue from the fees or services charged in connection with the related activities in the incision II of this paragraph, which will be intended for the cost of the monitoring activities of fisheries and the equal beekeeping ; and

VIII-subsidizing, advising and participating, in interaction with the Ministry of Foreign Affairs, of negotiations and events involving the commitment of rights and interference in national interests over fisheries, production and marketing of the fishery and interests of the sector in this particular sector.

Art. 40. They integrate the basic structure of the Ministry of Agriculture, Livestock and Supply the National Council on Agricultural Policy, the Deliberative Council of Coffee Policy, the Special Resource Commission, the Executive Board of the Plan of the Wash Cacaueira, the National Institute of Meteorology and up to four Secretaries.

Section VIII

From the Ministry of Education

Art. 41. They are areas of competence of the Ministry of Education:

I-national education policy ;

II - children's education ;

III-education in general, understanding fundamental education, high school, higher education, youth and adult education, vocational education, special education and distance education, except military teaching ;

IV-evaluation, information and educational research ;

V-research and university extension ;

VI-magisterion ; and

VII-financial assistance to deprived families for the schooling of their children or dependents.

Art. 42. They integrate the basic structure of the Ministry of Education the National Board of Education, the Benjamin Constant Institute, the National Institute of Education of Deaf and up to six Secretaries.

Section IX

From the Ministry of Labor and Employment

Art. 43. They are areas of competence of the Ministry of Labour and Employment:

I-policy and guidelines for the generation of employment and income and worker support ;

II-policy and guidelines for the modernization of working relationships ;

III-supervision of work, including of port work, as well as the implementation of penalties provided for in legal or collective standards ;

IV-wage policy ;

V-training and professional development ;

VI-safety and health at work ; and

VII-immigration policy.

Art. 44. They integrate the basic structure of the Ministry of Labour and Employment the National Labour Council, the National Council on Immigration, the Curator Council of the Service Time Guarantee Fund, the Deliberative Council of the Amparo Fund to Worker and up to three Secretaries.

Single Paragraph. The public collegiate bodies in the structure of the Ministry of Labour and Employment will have tripartite composition, observed parity between employee and employer representatives, in the form laid down in regulation.

X Section

From the Ministry of Health

Art. 45. They are areas of competence of the Ministry of Health:

I-national health policy ;

II-coordination and surveillance of the Single Health System ;

III-environmental health and actions for promotion, protection and recovery of individual and collective health, including that of workers and Indians ;

IV-health information ;

V-critical inputs for health ;

VI-preventive action in general, surveillance and health control of borders and seaports, river and air ;

VII-health surveillance, especially drugs, medicines and food ; and

VIII-scientific research and technology in the area of health.

Art. 46. They integrate the basic structure of the Ministry of Health the National Board of Health and up to four Secretaries.

Section XI

From the Ministry of Development, Industry and Exterior Trade

Art. 47. They are areas of competence of the Ministry of Development, Industry and Foreign Trade:

I-policy development of industry, trade and services ;

II-intellectual property and transfer of technology ;

III-metrology, standardization and industrial quality ;

IV-exterior trade policies ;

V-regulation and execution of the programs and activities concerning foreign trade ;

VI-application of commercial defence mechanisms ;

VII-participation in international negotiations relating to foreign trade ;

VIII-formulation of the policy of support for micro-enterprise, small-sized company and crafts ; and

IX-execution of the trade registration activities.

Art. 48. They integrate the basic structure of the Ministry of Development, Industry and Foreign Trade the National Council of Metrology, Normalization and Industrial Quality, the National Board of Export Processing Zones and up to four Secretaries.

XII Section

From the Ministry of Mines and Energy

Art. 49. They are areas of competence of the Ministry of Mines and Energy:

I-geology, mineral and energy resources ;

II-utilization of hydraulic energy ;

III-mining and metallurgy ;

IV-oil, fuel and electrical energy, including nuclear ; and

V-rural energization, agroenergy, including rural electrification, when costed with resources linked to the National Electric System.

Art. 50. They integrate the basic structure of the Ministry of Mines and Energy up to five Secretaries.

XIII Section

From Ministry of Planning, Budget and Management

Art. 51. They are areas of competence of the Ministry of Planning, Budget and Management:

I-formulation of national strategic planning ;

II-evaluation of the socio-economic impacts of Federal Government policies and programs and elaboration of special studies for policy reformulation ;

III-conducting studies and research for monitoring the socio-economic juncture and management of national cartographic and statistical systems ;

IV-elaboration, monitoring and evaluation of the multiannual plan of investments and annual budgets ;

V-viabilization of new sources of resources for government plans ;

VI-formulation of guidelines, coordination of negotiations, monitoring and evaluation of external funding of public projects with multilateral bodies and government agencies ;

VII-coordination and management of the federal planning and budget systems, civil personnel, organization and administrative modernization, information resource administration and informatics and general services ;

VIII-formulation of guidelines and control of the management of state-owned enterprises ;

IX-monitoring of the fiscal performance of the public sector ;

X-administration ; and

XI-policy and guidelines for modernization of the state.

Art. 52. They integrate the basic structure of the Ministry of Planning, Budget and Management to the Committee on External Financing, the National Cartography Commission, the National Classification Commission, Economic Advisor, and up to seven Secretaries.

XIV Section

From the Ministry of Communications

Art. 53. They are areas of competence of the Ministry of Communications:

I-national telecommunications policy, including broadcasting ;

II-regulation, outoring and surveillance of telecommunications services ;

III-control and administration of the use of the spectrum of radiofrecencies ; and

IV-postal services.

Art. 54. They integrate the basic structure of the Ministry of Communications up to two Secretaries.

XV Section

From the Ministry of Social Welfare and Social Assistance

Art. 55. They are areas of competence of the Ministry of Social Welfare and Social Assistance:

I-Social foresight ;

II-supplemental foresight ; and

III-social assistance.

Art. 56. They integrate the basic structure of the Ministry of Social Welfare and Social Welfare to the Secretary of State for Social Welfare, the National Social Security Council, the National Social Assistance Board, the Social Welfare Resource Council Social, the Supplementary Pension Management Board and up to two Secretaries.

Single Paragraph. To the Secretary of State for Social Assistance, composed of up to two finalistic secretaries, competes:

I-policy of social assistance ; and

II-normatization, guidance, supervision and evaluation of the implementation of social assistance policy.

XVI Section

From the Ministry of Culture

Art. 57. They are areas of competence of the Ministry of Culture:

I-national culture policy ;

II-protection of historical and cultural heritage ; and

III-approve the delimitation of the lands of the remnants of the communities of the kilombos, as well as determine their demarcations, which will be homologated upon decree.

Art. 58. They integrate the basic structure of the Ministry of Culture the National Council for Cultural Policy, the National Committee on Encouragement to Culture, the Film Commission and up to four Secretaries.

XVII Section

From the Ministry of Science and Technology

Art. 59. They are areas of competence of the Ministry of Science and Technology:

I-national policy of scientific and technological research ;

II-planning, coordination, supervision and control of the activities of science and technology ;

III-policy of development of informatics and automation ;

IV-national biosafer policy ;

V-spatial policy ;

VI-nuclear policy ; and

VII-control of the export of sensitive goods and services.

Art. 60. They integrate the basic structure of the Ministry of Science and Technology the National Council of Science and Technology, the National Council for Informatics and Automation, the National Technical Commission on Biosafel, the Coordination Commission on Activities of Meteorology, Climatology and Hydrology, the National Institute of Space Research, the National Institute of Amazonian Research, the National Institute of Technology, the Renato Archer Research Center and up to four Secretaries.

Single Paragraph. The Commission for the Coordination of Weather Activities, Climatology and Hydrology has the purpose of coordinating national policy for the sector, in the terms of regulation.

XVIII Section

From the Ministry of the Environment

Art. 61. They are areas of competence of the Ministry of the Environment:

I-national policy of the environment and water resources ;

II-policy of preservation, conservation and sustainable utilization of ecosystems, and biodiversity and forests ;

III-proposition of economic and social strategies, mechanisms and instruments for the improvement of environmental quality and the sustainable use of natural resources ;

IV-policies for integration of the environment and production ;

V-policies and environmental programs for the Legal Amazon ; and

VI-ecological-economic zoning.

§ 1o In the exercise of the competence of which it treats the inciso II of the caput of this article, in the fisheries-related aspects, it will be up to the Ministry of the Environment:

I-set the standards, criteria and standards of use for over-blown or threatened over-exploitation species, thus defined on the basis of the best existing scientific data, in exception to those referred to in paragraph "a" inciso II of the single paragraph of art. 39 ; and

II-subsidizing, advising and participating, in interaction with the Ministry of Foreign Affairs, of negotiations and events involving the commitment of rights and interference in national interests over fishing.

§ 2o The competence of which treats the inciso VI of the caput will be exercised in conjunction with the Ministries of Agriculture, Livestock and Supply, Development, Industry and Foreign Trade and Integration National.

Art. 62. They integrate the basic structure of the Ministry of the Environment the National Environment Council, the National Council of the Legal Amazon, the National Board of Water Resources, the Deliberative Council of the National Environment Fund and up to five Secretaries.

XIX Section

From the Ministry of Sport and Tourism

Art. 63. They are areas of competence of the Ministry of Sport and Tourism:

I-national policy of development of tourism and sports practice ;

II-promotion and dissemination of national tourism, in the Country and abroad ;

III-stimulation of public and private initiatives to encourage tourist and sports activities ; and

IV-planning, coordination, supervision and evaluation of plans and incentive programs for tourism and sports.

Art. 64.Integrate the basic structure of the Ministry of Sport and Tourism the National Sports Council, the National Tourism Board and up to two Secretaries.

Section XX

From the Ministry of National Integration

Art. 65. They are areas of competence of the Ministry of National Integration:

I-formulation and conduct of the integrated national development policy ;

II-formulation of regional development plans and programmes ;

III-establishment of strategies for integration of regional economies ;

IV-establishment of the guidelines and priorities in the implementation of the resources of the North-FNE Financing Constitutional Fund, the North-FNO Finance Constitutional Fund, of the Constitutional Fund for Financing the Center-West-FCO, of the Northeast Development Fund, the Amazon Development Fund and the State Economic Recovery Fund of the Espirito Santo-FUNRES State ;

V-establishment of standards for compliance with the funding programmes of the constitutional funds and the budgetary schedules of regional development funds that deals with inciso IV ;

VI-monitoring and evaluation of integrated national development programmes ;

VII-civil defence ;

VIII-works against droughts and water infrastructure ;

IX-formulation and conduct of national irrigation policy ;

X-territorial ordination, in conjunction with the Ministry of Defense ; and

XI-public works on lanes of borders.

Art. 66. They integrate the basic structure of the Ministry of National Integration the Deliberative Council of the Central-Western Financing Constitutional Fund, the Administrative Council of the Integrated Region of the Federal District Development and Ending, the National Civil Defense Council, the Deliberative Council for the Development of the Amazon, the Deliberative Council for the Development of the North East, the Executive Group for Economic Recovery of the State of the Holy Spirit and up to five Secretaries.

Twenty-first Section

From the Ministry of Agrarian Development

Art. 67. They are areas of competence of the Ministry of Agrarian Development:

I-agrarian reform ; and

II-promotion of the sustainable development of the rural segment made up of family farmers.

Art. 68. They integrate the basic structure of the Ministry of Agrarian Development the National Sustainable Rural Development Council, the Curator Board of the Bank of the Earth and up to two Secretaries.

XXII Section

From collaboration between the Ministries

Art. 69. In cases of public calamity or need of special population care, the President of the Republic will be able to have on the collaboration of the Ministries with the different levels of the Public Administration.

XXIII Section

The Common Organs to Civil Ministries

Art. 70. There will be, in the basic structure of each Ministry:

I-Executive-Executive, except in the Ministries of Defense and Foreign Affairs ;

II-Cabinet of the Minister ; and

III-Legal Advice, except in the Ministry of Finance.

§ 1o Compete to the Executive Officer of each Ministry and to the General Foreign Office of the Ministry of Foreign Affairs the activities of modernization, informatics, human resources, general services, planning, budget and finance of the Ministry.

§ 2the Caberá to the Executive Secretary, holder of the organ referred to in the inciso I, in addition to the supervision and coordination of the members of the Ministry's structure, except from the Secretary of State, to exercise the functions that are assigned to it by the Minister of State.

§ 3o There may be in the basic structure of each Ministry, linked to the Executive-Executive, an organ responsible for the activities of personnel administration, material, heritage, general services and budget and finance.

§ 4o In the Ministry of Finance, the functions of Legal Consulting shall be exercised by the Attorney General of the National Farm.

Art. 71. This Decree shall enter into force on the date of its publication.

Brasilia, February 7, 2002 ; 181the of Independence and 114o of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente