Key Benefits:
PROVISIONAL MEASURE # 2.146-2, DE June 5, 2001 (*)
Cria the Development Agency of the Northeast-ADENE, extinguish the Superintendence of the Development of the North-East-SUDENE, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you art. 62 of the Constitution, adopts the following Interim Measure, with force of law:
CHAPTER I
OF THE DEVELOPMENT OF THE NORTHEAST
Section I
From the Northeast Development Plan
Art. 1º The North East Development Plan will be pluriannual and will obey the guidelines general of regional development policy.
Art. 2º The North East Development Plan covers the States of the Maranhão, Ceará, Piauí, Rio Grande do Norte, Paraíba, Pernambuco, Alagoas, Sergipe, Bahia, Espírito Santo and the regions and Municipalities of the State of Minas Gerais of which they treat the Laws No. 1,348, February 10, 1951, 6,218, July 7, 1975, and 9,690, from 15 million July 1998.
Section II
From the Northeast Development Fund
Art. 3º It is created, the Development Fund of the North East, of accounting nature, to be managed by the North-East Development Agency-ADENE, with the purpose of securing resources for the realisation of investments in the Northeast, pursuant to this Provisional Measure.
Single Paragraph. The Executive Power will have on the application of the resources, noted that:
I-at least three per cent will be intended for projects located in the State of the Holy Spirit ; and
II-the application of instalment equivalent to ten per cent of the resources of which they treat § § 2º and 3º of the art. 4º will be conditional on the counterpart, of equal amount, of States and Municipalities.
Art. 4º Constitution features of the Northeast Development Fund:
I-budget allocations to the National Treasury resources account ;
II-possible results of financial applications of its resources ;
III-product of the disposal of securities and dividend of shares to it linked ; and
IV-other resources provided for in law.
§ 1º In the 2001 financial year, the allocation of the features that treats the inciso I of the caput will be of R$ 462,000,000.00 (four hundred and sixty and two million reais).
§ 2º In the 2002 financial year, the allocation of the features that treats the inciso I of the caput will be of R$ 660,000,000.00 (seishundred and sixty million reais).
§ 3º As of 2003 and until the financial year 2013, the annual allocation of National Treasury resources for the North-East Development Fund shall be equivalent to the value of the endowment referred to in § 2º, updated by the cumulative change in net current revenue of the Union in the form of the Regulation.
§ 4º The financial availabilities of the North East Development Fund will be deposited in the Single account of the National Treasury.
Art. 5º Are deductible from the repass of the features that it treats the inciso I of the caput of the art. 4º, the parcels equivalent to the tax incentive options, relating to the Income Tax of Legal Person, exercised by the companies, as well as any commitments of resources arising from tax incentive options under the Fund Investments of the North-FINOR.
Single Paragraph. Observed the provisions of the caput, the financial resources of which treat § § 2º and 3º of the art. 4º will be respent in full to the North-East Development Fund in the form of monthly twelfths.
Art. 6º The North East Development Fund will have as operator operators the Bank of Northeast of Brazil S.A. and other federal official financial institutions, to be defined in act of the Executive Power, which will have, among others, the following competencies:
I -scrutinize and attest to the regularity of the projects under their driving ; and
II-propose the release of financial resources for the projects authorized by ADENE.
Single Paragraph. The Executive Power will have on the remuneration of the operator.
Art. 7º The participation of the Northeast Development Fund in the investment projects will be limited to a percent of the value of the total inversions predicted for the project deployment, as per the regulation.
Single Paragraph. The participation referred to in the caput will be represented by convertible debentures in shares, whose exercise by ADENE is limited to fifty percent of participation.
Section III
From the Deliberative Council for the Development of the Northeast
Art. 8º The Deliberative Council of the Superintendence of the Development of the North East passes the denominate Deliberative Council for the Development of the Northeast and will integrate the structure of the Ministry of National Integration.
Art. 9º The Deliberative Council for the Development of the North East competes:
I-approve the North East Development Plan and the Pluriannual funding plan ;
II-establish guidelines and priorities for the financing of regional development ;
III-supervising the execution of the North East Development Plan and compliance with the guidelines referred to in inciso II ; and
IV-approve the management contract of the entity responsible for the implementation of the Plan of Development of the Northeast.
Art. 10. The Deliberative Council for the Development of the North East will meet-seated-á, ordinarily, once every semester, and, extraordinarily, in the form of the regulation.
Section IV
From the North East Development Agency
Art. 11. It is established the North East-ADENE Development Agency, of municipal nature, linked to the Ministry of National Integration, with the aim of implementing policies and enabling development instruments of the Northeast.
§ 1º ADENE has headquarters and venue in the city of Recife, State of Pernambuco.
§ 2º The area of ADENE's acting is the one defined in art. 2º of this Provisional Measure:
Art. 12. AENE will be directed in a collegiate regime by a board composed of a Director-General and three Directors.
§ 1º The basic organization and the competencies of the units will be established in the act of Power Executive.
§ 2º Integrates the structure of ADENE a Prosecutor-General and an Auditorial-General.
Art. 13. The Director General and the remaining Directors will be appointed by the President of the Republic, with at least one of them chosen from federal public servants.
§ 1º The Directors will be appointed after approval by the Federal Senate under the terms of the " f' of the inciso III of the art. 52 of the Constitution
§ 2º The Regulation will have on the form of substitution of the Directors in their impediments.
Art. 14. It is prevented from exercising direction of ADENE the person who, in the twelve months prior to the date of their nomination, has maintained any of the following links with company that has project to it submitted or by it approved:
I-direct participation as a shareholder or partner, with an interest exceeding five per cent of the capital social ;
II-administrator, manager or board member of management or fiscal ; or
III-employed, albeit with suspended work contract.
Art. 15. Are competences of ADENE:
I-propose and coordinate the deployment of the North East Development Plan, under supervision of the Ministry of National Integration ;
II-run the Northeast Development Fund ;
III-approve projects to be implemented within the framework of the North East Development Fund ;
IV-authorizing hiring and releasing resources from the North East Development Fund, upon proposition of the operator agent ;
V-audit and evaluate the results of the implementation of the resources of the Development Fund of the Northeast ;
VI-implement studies and research aimed at the identification of potentials and vulnerability socio-economic and environmental and propose strategies and actions compatible with the regional space ;
VII-strengthen the productive structures of the region, from the mobilization of its potential ;
VIII-promoting action aimed at social development in the region ;
IX-structuring and implementing information networks in support of productive activities ;
X-promote technical, technological and financial cooperation with national bodies international, aimed at integration and regional development ;
XI-elaborating feasibility studies of integration and regional development projects ;
XII-implement managerial, training and human resource skills programs suitable for the regional market ;
XIII-carry out territorial planning and management studies and assess impacts of the actions of integration and development in the region, especially from an environmental point of view ; and
XIV-check the suitability of projects to regional development policy.
Art. 16. Competes in the Colegiated Directorate:
I-exercise the administration of ADENE ;
II-edit standards on matters of competence of ADENE ;
III-approve the internal regiment of ADENE ;
IV-comply and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the Northeast ;
V-check the compatibility of the projects with the Northeast Development Plan and with the guidelines and priorities established by the Deliberative Council for the Development of the North East ;
VI-approve and authorize the hiring of projects to be executed with resources from the Fund Development of the Northeast ;
VII-refer ADENE's budget proposal to the Ministry of National Integration ;
VIII-forward the management reports and accounting demonstratives of ADENE to the organs competent ;
IX-authorize the release of reports on the activities of ADENE ;
X-decide for sale, disposal nu rental of assets of ADENE's heritage ;
XI-notify and apply the penalties provided for in the legislation ; and
XII-know and judge requests for reconsideration of decision-making of Board members.
§ 1º The Colegiated Directorate will meet with the presence of at least three Directors, among them the Director-General, and will deliberate by a simple majority of votes.
§ 2º Decisions relating to the institutional competences of ADENE will be taken by the Collegiate Board.
Art. 17. It is incumbent on the Director General of ADENE:
I-exercise their legal representation ;
lI-chair the meetings of the Colegiated Board ;
III-comply and enforce the decisions of the Colegiated Board ;
IV-decide, ad referendum of the Colegiated Directorate, the questions of urgency ;
V-nominate and exonerate servers ;
VI-to provide the posts in commission and the functions of trust ;
VII-decide, in the event of a tie, in the deliberations of the Colegiated Board ;
VIII-admit employees and requisition and fire employees and servers ;
IX-approve editions of bidding and homologate adjudications ;
X-refer to the Ministry of National Integration the proposed ADENE budget ;
XI-authorize the hiring of third party services in the form of the specific legislation ; and
XII-sign contracts, agreements and arrangements, order expenses and practice the acts of management necessary within the scope of ADENE objectives.
Art. 18. They constitute recipes from ADENE:
I-budget appropriations earmarked in the General Budget of the Union ;
II-transfer from the North East Development Fund, equivalent to two percent of the value of each release of resources, in the form of remuneration for the management of that Fund ; and
III-any other unspecified recipes in the incisos I and II.
Art. 19. The administration of ADENE will be governed by a management contract, signed by the Minister of State for National Integration and the Director-General, previously approved by the Deliberative Council for the Development of the North East.
Single Paragraph. The management contract will establish the parameters for the internal administration of ADENE, as well as the indicators that allow to assess, objectively, their administrative performance and performance.
Art. 20. The unwarranted discompliance of the management contract may entail the exoneration of the Director-General, by the President of the Republic upon request by the Minister of State for National Integration.
CHAPTER II
DAS FINAL AND TRANSITIONAL PROVISIONS
Art. 21. It is extinguished the Superintendence of the Development of the Northeast -SUDENE.
§ 1º Observed the willing in the arts. 9º and 15, the competencies assigned by the legislation to SUDENE and its Deliberative Council shall be transferred to the Union.
§ 2º The Union will succeed SUDENE in its rights and obligations.
§ 3º It is transferred to the Union, through the Ministry of Planning, Budget and Management, the responsibility for the administration and payment of inactives and pensioners of SUDENE.
§ 4º The server frame, the positions in commission and the SUDENE's gratified functions stay transferred to the Ministry of Planning, Budget and Management.
§ 5º Compete to the Ministry of National Integration:
I-the analysis, approval and other arrangements for the provision of accounts arising from the Arrangements or similar instruments firmsized by SUDENE ;
II-the administration of the ongoing projects in SUDENE, related to its Fund Investment, may cancel such projects, in the assumptions provided for in the specific legislation ;
III-the inventory and administration of the goods and rights of SUDENE ; and
IV-the exercise of the remaining legal assignments of SUDENE and its Deliberative Council.
§ 6º In the cancellation hypothesis in the form of the inciso II of § 5º, it shall be for recourse to the Minister of State of National Integration, of compliance with the provisions of the art. 59 of Law No. 9,784 of January 29, 1999.
Art. 22. The installation of ADENE and the beginning of the exercise of their dart skills-will be from the publication of their regimental structure in act of the President of the Republic.
Single Paragraph. While not installed ADENE the Union will exercise the skills set out in the art. 15 of this Provisional Measure.
Art. 23. AENE will be able to requisition, with onus, servers and employees of organs and entities of the Federal Public Administration.
Single Paragraph. During the first twenty-four months subsequent to its installation, ADENE will be able to supplement the remuneration of the requested public servant or employee, up to the limit of the remuneration of the effective post or permanent employment occupied on the organ or the entity of origin, when the application involves reducing that remuneration.
Art. 24. The Advocacy-General of the Union shall represent ADENE in the legal proceedings in which it is party or interested, until the deployment of its Attorney General.
Art. 25. The Ministry of National Integration and the Advocacy-General of the Union will promote, within the maximum period of one hundred and twenty days, the lifting of the ongoing judicial proceedings, in which SUDENE figure as part.
Art. 26. It shall be the Executive Power authorized to remain, transfer, transfer or use the budgetary allocations approved in Law No. 10,171 of January 5, 2001, consignment to SUDENE, relating to the expenditure referred to in § 3º of the art. 21 of this Provisional Measure, as well as those relating to the payment of benefits to the corresponding servers and social charges, to the Ministry of Planning, Budget and Management, maintained the same budget classification, expressed by schedule category at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995 of July 25, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities and usage identifiers.
Art. 27. It is the Executive Power authorized to remain, transfer, transfer or use the budgetary allocations approved under Law No. 10,171 of 2001, consignment to SUDENE, for the Ministry of National Integration and for ADENE, maintained the same classification budget, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.
Art. 28. While not disposing of technical qualification for economic and financial feasibility analysis of projects and risk assessment of borrowers, ADENE will firm up or contract with federal entities holder of recognized experience in those subjects.
Single Paragraph. Act of the Chief Executive Officer shall recognize, on the proposal of the Minister of State for National Integration, the qualification of ADENE for the exercise of the competence to which the caput refers.
Art. 29. Beneficiaries of projects approved and in deployment, provided that met the specific conditions of each Fund or line of funding, will be able to opt for the systematic one:
I-of investment from the Development Fund of the North East ;
II-of funding from the Northeast Financing Constitutional Fund, observed the area of acting set in the inciso II of the art. 5º of Law No. 7,827 of September 27, 1989 ; or
III-other lines of funding to be charged to federal financial institutions.
§ 1º The annual budget schedule of the Northeast Financing Constitutional Fund contemplate appropriations intended for the care of the option provided for in the inciso II of this article
§ 2º The provisions of this Article shall apply to projects approved and in deployment within the framework of the Economic Recovery of the State of the Holy Spirit-FUNRES.
Art. 30. The acts practiced on the basis of the Provisional Measure No. 2.146-1, of May 4, 2001, shall be convalidated.
Art. 31. This Provisional Measure comes into force on the date of its publication.
Art. 32. Stay revoked:
I-the art. 34 of Law No. 3,995 of December 14, 1961 ;
II-the arts. 19 a to 23 of Law No. 4,239 of June 27, 1963 ;
III-the arts. 17 a to 24 of Law No. 4,869, from 1º December 1965 ;
IV-the arts. 38 a to 43 of Law No. 5,508 of October 11, 1968 ;
V-the arts. 4º, 5º and 6º of Decree-Law No. 880 of September 18, 1969 ;
VI-the art. 1º of Decree-Law No. 1,267 of April 12, 1973 ;
VII-Decree-Law No. 1,345 of September 19, 1974 ;
VIII-the points "a" and "g" of the single paragraph of art. 1º, the letter "a" of the inciso I and the inciso V of the art. 11 of Decree-Law No. 1,376 of December 12, 1974 ;
IX-Decree-Law No. 1,653 of December 27, 1978 ;
X-the arts. 1º and 3º of Decree-Law No. 1,734 of December 20, 1979 ;
XI-the art. 1º of Decree-Law No. 2,089 of December 27, 1983 ;
XII-Decree-Law No. 2,250 of February 26, 1985 ;
XIII-the inciso III of the art. 12 of Decree-Law No. 2,397 of December 21, 1987 ;
XIV-Law No. 7,918 of December 7, 1989 ;
XV-the point "a" of the inciso IV of the art. 1º of Law No. 8,034 of April 12, 1990 ;
XVI-the inciso I do art. 1º of Law No. 8,167 of January 16, 1991 ;
XVII-the § 1º of the art. 2º of Law No. 9,532 of December 10, 1997 ; and
XVIII-the art. 18 of Law No. 4,239 of June 27, 1963, re-salvaged the right laid down in art. 9º of Law No. 8,167 of January 16, 1991, for persons who have already exercised it, by the end of the planned deadline for the deployment of their projects, provided that they are in a situation of regularity, met all the requirements laid down and the approved timetables.
Brasilia, June 5, 2001 ; 180º of the Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Pedro Malan
Martus Tavares
Simon Cirineu Dias
(*) Republican for having gone out with incorrection in the Official Journal of 6/6/2001, Section 1.
REPUBLICATION
PROVISIONAL MEASURE # 2.146-2, DE June 5, 2001 (*)
Cria the Development Agency of the Northeast-ADENE, extinguish the Superintendence of the Development of the North-East-SUDENE, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you art. 62 of the Constitution, adopts the following Interim Measure, with force of law:
CHAPTER I
OF THE DEVELOPMENT OF THE NORTHEAST
Section I
From the Northeast Development Plan
Art. 1º The North East Development Plan will be pluriannual and will obey the guidelines general of regional development policy.
Art. 2º The North East Development Plan covers the States of the Maranhão, Ceará, Piauí, Rio Grande do Norte, Paraíba, Pernambuco, Alagoas, Sergipe, Bahia, Espírito Santo and the regions and Municipalities of the State of Minas Gerais of which they treat the Laws No. 1,348, February 10, 1951, 6,218, July 7, 1975, and 9,690, from 15 million July 1998.
Section II
From the Northeast Development Fund
Art. 3º It is created, the Development Fund of the North East, of accounting nature, to be managed by the North-East Development Agency-ADENE, with the purpose of securing resources for the realisation of investments in the Northeast, pursuant to this Provisional Measure.
Single Paragraph. The Executive Power will have on the application of the resources, noted that:
I-at least three per cent will be intended for projects located in the State of the Holy Spirit ; and
II-the application of instalment equivalent to ten per cent of the resources of which they treat § § 2º and 3º of the art. 4º will be conditional on the counterpart, of equal amount, of States and Municipalities.
Art. 4º Constitution features of the Northeast Development Fund:
I-budget allocations to the National Treasury resources account ;
II-possible results of financial applications of its resources ;
III-product of the disposal of securities and dividend of shares to it linked ; and
IV-other resources provided for in law.
§ 1º In the 2001 financial year, the allocation of the features that treats the inciso I of the caput will be of R$ 462,000,000.00 (four hundred and sixty and two million reais).
§ 2º In the 2002 financial year, the allocation of the features that treats the inciso I of the caput will be of R$ 660,000,000.00 (seishundred and sixty million reais).
§ 3º As of 2003 and until the financial year 2013, the annual allocation of National Treasury resources for the North-East Development Fund shall be equivalent to the value of the endowment referred to in § 2º, updated by the cumulative change in net current revenue of the Union in the form of the Regulation.
§ 4º The financial availabilities of the North East Development Fund will be deposited in the Single account of the National Treasury.
Art. 5º Are deductible from the repass of the features that it treats the inciso I of the caput of the art. 4º, the parcels equivalent to the tax incentive options, relating to the Income Tax of Legal Person, exercised by the companies, as well as any commitments of resources arising from tax incentive options under the Fund Investments of the North-FINOR.
Single Paragraph. Observed the provisions of the caput, the financial resources of which treat § § 2º and 3º of the art. 4º will be respent in full to the North-East Development Fund in the form of monthly twelfths.
Art. 6º The North East Development Fund will have as operator operators the Bank of Northeast of Brazil S.A. and other federal official financial institutions, to be defined in act of the Executive Power, which will have, among others, the following competencies:
I -scrutinize and attest to the regularity of the projects under their driving ; and
II-propose the release of financial resources for the projects authorized by ADENE.
Single Paragraph. The Executive Power will have on the remuneration of the operator.
Art. 7º The participation of the Northeast Development Fund in the investment projects will be limited to a percent of the value of the total inversions predicted for the project deployment, as per the regulation.
Single Paragraph. The participation referred to in the caput will be represented by convertible debentures in shares, whose exercise by ADENE is limited to fifty percent of participation.
Section III
From the Deliberative Council for the Development of the Northeast
Art. 8º The Deliberative Council of the Superintendence of the Development of the North East passes the denominate Deliberative Council for the Development of the Northeast and will integrate the structure of the Ministry of National Integration.
Art. 9º The Deliberative Council for the Development of the North East competes:
I-approve the North East Development Plan and the Pluriannual funding plan ;
II-establish guidelines and priorities for the financing of regional development ;
III-supervising the execution of the North East Development Plan and compliance with the guidelines referred to in inciso II ; and
IV-approve the management contract of the entity responsible for the implementation of the Plan of Development of the Northeast.
Art. 10. The Deliberative Council for the Development of the North East will meet-seated-á, ordinarily, once every semester, and, extraordinarily, in the form of the regulation.
Section IV
From the North East Development Agency
Art. 11. It is established the North East-ADENE Development Agency, of municipal nature, linked to the Ministry of National Integration, with the aim of implementing policies and enabling development instruments of the Northeast.
§ 1º ADENE has headquarters and venue in the city of Recife, State of Pernambuco.
§ 2º The area of ADENE's acting is the one defined in art. 2º of this Provisional Measure:
Art. 12. AENE will be directed in a collegiate regime by a board composed of a Director-General and three Directors.
§ 1º The basic organization and the competencies of the units will be established in the act of Power Executive.
§ 2º Integrates the structure of ADENE a Prosecutor-General and an Auditorial-General.
Art. 13. The Director General and the remaining Directors will be appointed by the President of the Republic, with at least one of them chosen from federal public servants.
§ 1º The Directors will be appointed after approval by the Federal Senate under the terms of the " f' of the inciso III of the art. 52 of the Constitution
§ 2º The Regulation will have on the form of substitution of the Directors in their impediments.
Art. 14. It is prevented from exercising direction of ADENE the person who, in the twelve months prior to the date of their nomination, has maintained any of the following links with company that has project to it submitted or by it approved:
I-direct participation as a shareholder or partner, with an interest exceeding five per cent of the capital social ;
II-administrator, manager or board member of management or fiscal ; or
III-employed, albeit with suspended work contract.
Art. 15. Are competences of ADENE:
I-propose and coordinate the deployment of the North East Development Plan, under supervision of the Ministry of National Integration ;
II-run the Northeast Development Fund ;
III-approve projects to be implemented within the framework of the North East Development Fund ;
IV-authorizing hiring and releasing resources from the North East Development Fund, upon proposition of the operator agent ;
V-audit and evaluate the results of the implementation of the resources of the Development Fund of the Northeast ;
VI-implement studies and research aimed at the identification of potentials and vulnerability socio-economic and environmental and propose strategies and actions compatible with the regional space ;
VII-strengthen the productive structures of the region, from the mobilization of its potential ;
VIII-promoting action aimed at social development in the region ;
IX-structuring and implementing information networks in support of productive activities ;
X-promote technical, technological and financial cooperation with national bodies international, aimed at integration and regional development ;
XI-elaborating feasibility studies of integration and regional development projects ;
XII-implement managerial, training and human resource skills programs suitable for the regional market ;
XIII-carry out territorial planning and management studies and assess impacts of the actions of integration and development in the region, especially from an environmental point of view ; and
XIV-check the suitability of projects to regional development policy.
Art. 16. Competes in the Colegiated Directorate:
I-exercise the administration of ADENE ;
II-edit standards on matters of competence of ADENE ;
III-approve the internal regiment of ADENE ;
IV-comply and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the Northeast ;
V-check the compatibility of the projects with the Northeast Development Plan and with the guidelines and priorities established by the Deliberative Council for the Development of the North East ;
VI-approve and authorize the hiring of projects to be executed with resources from the Fund Development of the Northeast ;
VII-refer ADENE's budget proposal to the Ministry of National Integration ;
VIII-forward the management reports and accounting demonstratives of ADENE to the organs competent ;
IX-authorize the release of reports on the activities of ADENE ;
X-decide for sale, disposal nu rental of assets of ADENE's heritage ;
XI-notify and apply the penalties provided for in the legislation ; and
XII-know and judge requests for reconsideration of decision-making of Board members.
§ 1º The Colegiated Directorate will meet with the presence of at least three Directors, among them the Director-General, and will deliberate by a simple majority of votes.
§ 2º Decisions relating to the institutional competences of ADENE will be taken by the Collegiate Board.
Art. 17. It is incumbent on the Director General of ADENE:
I-exercise their legal representation ;
lI-chair the meetings of the Colegiated Board ;
III-comply and enforce the decisions of the Colegiated Board ;
IV-decide, ad referendum of the Colegiated Directorate, the questions of urgency ;
V-nominate and exonerate servers ;
VI-to provide the posts in commission and the functions of trust ;
VII-decide, in the event of a tie, in the deliberations of the Colegiated Board ;
VIII-admit employees and requisition and fire employees and servers ;
IX-approve editions of bidding and homologate adjudications ;
X-refer to the Ministry of National Integration the proposed ADENE budget ;
XI-authorize the hiring of third party services in the form of the specific legislation ; and
XII-sign contracts, agreements and arrangements, order expenses and practice the acts of management necessary within the scope of ADENE objectives.
Art. 18. They constitute recipes from ADENE:
I-budget appropriations earmarked in the General Budget of the Union ;
II-transfer from the North East Development Fund, equivalent to two percent of the value of each release of resources, in the form of remuneration for the management of that Fund ; and
III-any other unspecified recipes in the incisos I and II.
Art. 19. The administration of ADENE will be governed by a management contract, signed by the Minister of State for National Integration and the Director-General, previously approved by the Deliberative Council for the Development of the North East.
Single Paragraph. The management contract will establish the parameters for the internal administration of ADENE, as well as the indicators that allow to assess, objectively, their administrative performance and performance.
Art. 20. The unwarranted discompliance of the management contract may entail the exoneration of the Director-General, by the President of the Republic upon request by the Minister of State for National Integration.
CHAPTER II
DAS FINAL AND TRANSITIONAL PROVISIONS
Art. 21. It is extinguished the Superintendence of the Development of the Northeast -SUDENE.
§ 1º Observed the willing in the arts. 9º and 15, the competencies assigned by the legislation to SUDENE and its Deliberative Council shall be transferred to the Union.
§ 2º The Union will succeed SUDENE in its rights and obligations.
§ 3º It is transferred to the Union, through the Ministry of Planning, Budget and Management, the responsibility for the administration and payment of inactives and pensioners of SUDENE.
§ 4º The server frame, the positions in commission and the SUDENE's gratified functions stay transferred to the Ministry of Planning, Budget and Management.
§ 5º Compete to the Ministry of National Integration:
I-the analysis, approval and other arrangements for the provision of accounts arising from the Arrangements or similar instruments firmsized by SUDENE ;
II-the administration of the ongoing projects in SUDENE, related to its Fund Investment, may cancel such projects, in the assumptions provided for in the specific legislation ;
III-the inventory and administration of the goods and rights of SUDENE ; and
IV-the exercise of the remaining legal assignments of SUDENE and its Deliberative Council.
§ 6º In the cancellation hypothesis in the form of the inciso II of § 5º, it shall be for recourse to the Minister of State of National Integration, of compliance with the provisions of the art. 59 of Law No. 9,784 of January 29, 1999.
Art. 22. The installation of ADENE and the beginning of the exercise of their dart skills-will be from the publication of their regimental structure in act of the President of the Republic.
Single Paragraph. While not installed ADENE the Union will exercise the skills set out in the art. 15 of this Provisional Measure.
Art. 23. AENE will be able to requisition, with onus, servers and employees of organs and entities of the Federal Public Administration.
Single Paragraph. During the first twenty-four months subsequent to its installation, ADENE will be able to supplement the remuneration of the requested public servant or employee, up to the limit of the remuneration of the effective post or permanent employment occupied on the organ or the entity of origin, when the application involves reducing that remuneration.
Art. 24. The Advocacy-General of the Union shall represent ADENE in the legal proceedings in which it is party or interested, until the deployment of its Attorney General.
Art. 25. The Ministry of National Integration and the Advocacy-General of the Union will promote, within the maximum period of one hundred and twenty days, the lifting of the ongoing judicial proceedings, in which SUDENE figure as part.
Art. 26. It shall be the Executive Power authorized to remain, transfer, transfer or use the budgetary allocations approved in Law No. 10,171 of January 5, 2001, consignment to SUDENE, relating to the expenditure referred to in § 3º of the art. 21 of this Provisional Measure, as well as those relating to the payment of benefits to the corresponding servers and social charges, to the Ministry of Planning, Budget and Management, maintained the same budget classification, expressed by schedule category at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995 of July 25, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities and usage identifiers.
Art. 27. It is the Executive Power authorized to remain, transfer, transfer or use the budgetary allocations approved under Law No. 10,171 of 2001, consignment to SUDENE, for the Ministry of National Integration and for ADENE, maintained the same classification budget, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.
Art. 28. While not disposing of technical qualification for economic and financial feasibility analysis of projects and risk assessment of borrowers, ADENE will firm up or contract with federal entities holder of recognized experience in those subjects.
Single Paragraph. Act of the Chief Executive Officer shall recognize, on the proposal of the Minister of State for National Integration, the qualification of ADENE for the exercise of the competence to which the caput refers.
Art. 29. Beneficiaries of projects approved and in deployment, provided that met the specific conditions of each Fund or line of funding, will be able to opt for the systematic one:
I-of investment from the Development Fund of the North East ;
II-of funding from the Northeast Financing Constitutional Fund, observed the area of acting set in the inciso II of the art. 5º of Law No. 7,827 of September 27, 1989 ; or
III-other lines of funding to be charged to federal financial institutions.
§ 1º The annual budget schedule of the Northeast Financing Constitutional Fund contemplate appropriations intended for the care of the option provided for in the inciso II of this article
§ 2º The provisions of this Article shall apply to projects approved and in deployment within the framework of the Economic Recovery of the State of the Holy Spirit-FUNRES.
Art. 30. The acts practiced on the basis of the Provisional Measure No. 2.146-1, of May 4, 2001, shall be convalidated.
Art. 31. This Provisional Measure comes into force on the date of its publication.
Art. 32. Stay revoked:
I-the art. 34 of Law No. 3,995 of December 14, 1961 ;
II-the arts. 19 a to 23 of Law No. 4,239 of June 27, 1963 ;
III-the arts. 17 a to 24 of Law No. 4,869, from 1º December 1965 ;
IV-the arts. 38 a to 43 of Law No. 5,508 of October 11, 1968 ;
V-the arts. 4º, 5º and 6º of Decree-Law No. 880 of September 18, 1969 ;
VI-the art. 1º of Decree-Law No. 1,267 of April 12, 1973 ;
VII-Decree-Law No. 1,345 of September 19, 1974 ;
VIII-the points "a" and "g" of the single paragraph of art. 1º, the letter "a" of the inciso I and the inciso V of the art. 11 of Decree-Law No. 1,376 of December 12, 1974 ;
IX-Decree-Law No. 1,653 of December 27, 1978 ;
X-the arts. 1º and 3º of Decree-Law No. 1,734 of December 20, 1979 ;
XI-the art. 1º of Decree-Law No. 2,089 of December 27, 1983 ;
XII-Decree-Law No. 2,250 of February 26, 1985 ;
XIII-the inciso III of the art. 12 of Decree-Law No. 2,397 of December 21, 1987 ;
XIV-Law No. 7,918 of December 7, 1989 ;
XV-the point "a" of the inciso IV of the art. 1º of Law No. 8,034 of April 12, 1990 ;
XVI-the inciso I do art. 1º of Law No. 8,167 of January 16, 1991 ;
XVII-the § 1º of the art. 2º of Law No. 9,532 of December 10, 1997 ; and
XVIII-the art. 18 of Law No. 4,239 of June 27, 1963, re-salvaged the right laid down in art. 9º of Law No. 8,167 of January 16, 1991, for persons who have already exercised it, by the end of the planned deadline for the deployment of their projects, provided that they are in a situation of regularity, met all the requirements laid down and the approved timetables.
Brasilia, June 5, 2001 ; 180º of the Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Pedro Malan
Martus Tavares
Simon Cirineu Dias
Attachment (s)