DECREE NO 4,129, DE February 13, 2002.

Approves the Regimental Framework and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the National Department of Transport-DNIT, 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, and in view of the provisions of Law n° 10,233 of June 5, 2001,

DECRETA:

Art. 1 Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the National Department of Transport-DNIT, in the form of Annexes I and II to this Decree.

Art. 2 As a result of the provisions of art.1°, stay remanded, in the form of Annex III to this Decree, of the Office of Management, the Ministry of Planning, Budget and Management, arising from the extinction of organs of the Federal Public Administration, for DNIT, the following posts in committee of the Grupo-Direction and Superior-DAS and Gratified Functions-FG: a DAS 101.6 ; five DAS 101.5 ; thirteen DAS 101.4 ; twenty-five DAS 101.3 ; eight DAS 101.2 ; fifteen DAS DAS 101.1 ; two DAS 102.4 ; two DAS 102.3 ; seven DAS 102.2 ; ten DAS 102.1 ; one hundred and thirty FG-1 ; one hundred and thirty FG-2 ; and one hundred and seventus and four FG-3.

Art. 3 This Decree goes into effect on the date of its publication.

Brasilia, February 13, 2002 ; 181^the of Independence and 114^o of the Republic.

FERNANDO HENRIQUE CARDOSO

Alderico Lima

Guilherme Gomes Dias

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL DEPARTMENT

OF TRANSPORTATION INFRASTRUCTURE-DNIT

Chapter I

OF NATURE, HEADQUARTERS, PURPOSE AND COMPETENCE

Art. 1 The National Department of Transportation Infrastructure-DNIT, created by Law No. 10,233 of June 5, 2001, submitted to the municipal regime, linked to the Ministry of Transport, with personality legal of public law and administrative, heritage and financial autonomy, with headquarters and venue in the city of Brasilia, Federal District, is the managing body and executor, in its sphere of acting, of the land transport infrastructure and aquaviary member of the Federal Travel System.

Art. 2 The DNIT is aimed at the implementation, in its sphere of acting, of the policy established for the administration of the infrastructure of the Federal Travel System, under the jurisdiction of the Ministry of Transport, and comprises the operation, maintenance, restoration, suitability of capacity and magnification upon construction of new avenues and terminals, in accordance with the relevant legislation and guidelines laid down in Law No. 10,233 of 2001.

Art. 3The DNIT competes, in its acting sphere, to adopt the necessary measures for the service of the public interest and the development of the national transport infrastructure under its jurisdiction and, in special:

I-implement the policies formulated by the Ministry of Transport and the National Transportation Policy Integration Council-CONIT for the administration, maintenance, improvement, expansion and operation of the infrastructure of the Federal Travel System, in accordance with the principles and guidelines laid down in Law No. 10,233, 2001, and in this Regulation ;

II-promote research and experimental studies in the areas of road, railway, aquavian and port engineering, including its impact on the environment ;

III-exercise, observed legislation governing ports, hydropathways, railways and highways, the normative power with respect to the use of transport infrastructure, an integral part of the Federal Travel System ;

IV-establish standards, standards and technical specifications for operational safety programs, signaling, maintenance, restoration of pathways, terminals and facilities ;

V-establish standards, standards and technical specifications for the elaboration of projects and execution of viary works ;

VI-to provide the Ministry of Transport with information and data to subsidize the formulation of the general outorga plans of the segments of the viary infrastructure ;

VII-administer and operate directly, or through delegation or cooperation arrangements, the programs of construction, operation, maintenance and restoration of highways, railways, waterways, terminals and facilities port ;

VIII-manage projects and works of construction, recovery, maintenance and magnification of highways, railways, waterways, terminals and port facilities ;

IX-participate in loan negotiations with public and private, national and international entities, for funding of programs, projects and works of their competence, under the coordination of the Ministry of Transport ;

X-realizing research and technological development programs, promoting technical cooperation with public and private entities ;

XI-maintain exchange with research organizations and educational, national or foreign institutions ;

XII-promoting educational actions targeting the reduction of accidents, in articulation with organs and sector entities ;

XIII-firming arrangements for technical cooperation with national and international entities and bodies ;

XIV-participate in international forums and Brazilian representation together with international bodies and in conventions, agreements and treaties, under the coordination of the Ministry of Transport ;

XV-draw up the annual activity and performance report, highlighting compliance with sector policies, sending it to the Ministry of Transport ;

XVI-to draw up its budget and to carry out financial implementation ;

XVII-acquire and divestment goods by adopting the proper legal procedures to make their incorporation and disincorporation ;

XVIII-administer personnel, heritage, material and general services ;

XIX-contribute to the preservation of the historical and cultural heritage of the transport sector ;

XX-adopt arrangements for obtaining the environmental licensing of the works and activities performed in their sphere of competence ;

XXI-apply sanctions for discompliance with contractual obligations ;

XXII-deliberating, in the administrative sphere, on the interpretation of the relevant legislation to the activities of its acting sphere and on the missing cases, heard the Ministry of Transport ;

XXIII-organize, maintain updated and disseminate statistical information regarding the port, aquavian, road and rail activities under its administration ;

XXIV-establish standards and standards to be observed by the ports and hydropathic administrations, which have not been the subject of grant outorship, delegation or authorization ;

XXV-declare the public utility, for the purposes of dispossession or institution of administrative servitude, of the goods necessary for the implantation or maintenance of the services that are affectionate to it ;

XXVI-authorize and monitor the execution of projects and investment programmes, within the framework of delegation or cooperation arrangements ;

XXVII-propose to the Minister of State for Transport the definition of the physical area of the ports that are affectionate to it ;

XXVIII-establish criteria for elaboration of development and zoning plans of the ports that are affectionate to it ; and

XXIX-submit annually to the Ministry of Transport its budget proposal under the legislation in force, as well as the budgetary changes that are necessary in the course of the exercise.

§ 1 In the exercise of its competencies, the DNIT will articulate itself with federal regulatory agencies and with organs and entities of the States, the Federal District and the Municipalities for resolution of the interfaces of the various means of transportation, aiming at the most economical and secure multimodal movement of loads and passengers.

§ 2 The DNIT will harmonize its acting with that of organs and entities of the states, the Federal District and the Municipalities in charge of managing the infrastructure and operation of aquaviary and terrestrial transportation.

§ 3 In the exercise of the powers provided for in this article and relating to waterways and port facilities, the DNIT will observe the specific prerogatives of the Maritime Authority.

§ 4 In the exercise of the assignments provided for in the incisos IV and V of the art. 82 of Law No. 10,233, 2001, the DNIT may enact delegation arrangements or cooperation with organs and entities of the Federal Public Administration, States, the Federal District and Municipalities, seeking the decentralization and efficient management of the programs and projects.

Chapter II

DA ORGANIZATIONAL STRUCTURE

Art. 4 The DNIT will have the following organizational structure:

I-collegiate body: Board of Directors ;

II-executive organ: Directing ;

III-direct assistance bodies to the Director-General:

a) Cabinet ;

b) Solicitor-General; and

c) Ouvidoria ;

IV-sectional organs:

a) Internal Affairs ;

b) Internal Audit ; and

c) Directorate of Administration and Finance ;

V-natural specific organs:

a) Planning and Research Directorate ;

b) Director of Land-Structure Infrastructure ; and

c) Office of Aquavian Infrastructure.

Single Paragraph. DNIT will install Regional Administrative Units where it conviets for the exercise of its competence.

Chapter III

OF THE ADMINISTRATION COUNCIL

Art. 5 The Board of Directors will be composed of six members, being:

I-the Executive Secretary of the Ministry of Transport, who will chair him ;

II-the Director General of DNIT ;

III-two representatives of the Ministry of Transport ;

IV-a representative of the Ministry of Planning, Budget and Management ; and

V-a representative of the Ministry of Finance.

§ 1 The substitute for the Chairman of the Board of Directors will be designated by the Minister of State for Transport.

§ 2 Participation as a member of the Board of Directors of DNIT will not cover remuneration of any kind.

§ 3 Each Ministry will appoint its representatives, which will be designated by the Minister of State for Transport.

Art. 6 The Board of Directors shall meet, ordinarily, once a month and, extraordinarily, upon convocation of the President or two Councillors, washing up minutes of their deliberations.

Art. 7 The meetings of the Board of Directors shall settle with the presence of at least four of its members, and their deliberations shall be taken by an absolute majority of the votes, with the Chairman, in addition to the vote as a member, the vote of desemption.

Single Paragraph. It is up to the Chairperson of the Board to lower the acts that substantiate the deliberations of the Colegion.

Chapter IV

DAS COMPETENCIES OF ORGANS

Art. 8 The Board of Directors, collegiate deliberation body, competes to exercise the superior administration of the DNIT, and in particular:

I-approve the internal regiment of the DNIT ;

II-approve the strategic planning of the DNIT ;

III-define parameters and criteria for elaboration of DNIT's plans and programs and investments, in accordance with the guidelines and priorities established by the Ministry of Transport ;

IV-approve and supervise the implementation of the plans and programmes to which the inciso III refers ;

V-deliberation on the annual budget proposal ;

VI-deliberating on the annual report of activities and performance, to be sent to the Ministry of Transport ;

VII-authorize the low and disposal of real estate of your estate ;

VIII-supervising the management of directors, examining, at any time, the books and papers of the DNIT, as well as requesting information on contracts concluded or in the way of celebration and on any other acts ;

IX-pass general standards for the conclusion of contracts, arrangements, agreements, adjustments and other acts of the DNIT's ad negotia relationship, setting up the call for decision ;

X-approve your internal regiment ;

XI-approve the Annual Plan for Internal Audit Activities ;

XII-carry out other activities that are committed to it by law, by this Regulation or by the Ministry of Transport ; and

XIII-deliberating over the missing cases of your internal regiment and the DNIT.

Art. 9 The DNIT Board of Directors competes:

I-submit to the Board the proposals for modification of the internal regiment of the DNIT ;

II-submit to the Board the annual report on activities and performance, to be sent to the Ministry of Transport ;

III-editing standards and technical specifications on subjects of DNIT competency ;

IV-authorize the realization of tenders, approve their edition and homologate adjudications ;

V-authorize the celebration of arrangements, agreements, contracts and other legal instruments ;

VI-decide on the acquisition of goods in general and on the disposal of movable property, as well as submit to the Board of Directors the disposal of real estate ;

VII-authorize the hiring of third party services ;

VIII-program, coordinate and guide actions in the areas of administration, planning, works and services, research, personnel empowerment, investment, and information about their activities ;

IX-approve the program of service tenders and works ;

X-approve the study programs and research for technological development ;

XI-draw up and submit to the Board the strategic planning of the DNIT ;

XII-analyze, discuss and decide on internal administrative and human resources policies and their development ;

XIII-promote the appointment, exoneration, hiring and promotion of personnel ;

XIV-draw up the annual budget proposal to be submitted to the Board of Directors, for further referral to the Ministry of Transport ;

XV-approve the application, with or without burden to DNIT, of organ servers and members of the Public Administration ; and

XVI-instituting working groups to conduct studies and formulate propositions linked to their objectives, fundamental principles or matters of strategic interest.

§ 1 The decisions of the Board shall be taken by the vote of the absolute majority of its members, with the Director General, in addition to the common vote, the quality of the board.

§ 2 The Board's decisions will be registered in minutes, together with the documents that instruct them, staying available for general knowledge.

Art. 10. The Cabinet competes:

I-attend the Director-General of the DNIT in its social and political representation ;

II-to be entrusted with the preparation and dispatch of their personal expedient ; and

III-plan, coordinate and supervise the social media activities, parliamentary support and, yet, publication, dissemination and monitoring of the subjects of DNIT's interest.

Art. 11. To the Prosecutor-General, the body linked to the Advocacy-General of the Union, competes:

I-perform the consulting activities and legal advising ;

II-issue legal opinions ;

III-exercise the judicial representation of DNIT ;

IV-to judicially represent occupants and former occupants of office and direction functions, as well the occupiers of effective office, including by promoting private penal action or representing before the Public Prosecutor's Office, when victims of crime, as for acts practiced in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially of the Autarquia, and may, yet, as to the same acts, prevent habeas corpus and warrant from security in defence of public servants ;

V-ascertain the liquidity and certainty of the credits, of any nature, inherent in its activities, by enrolling them in active debt, for the purposes of amicable or judicial collection ;

VI-to attend DNIT authorities in the internal control of the administrative legality of the acts to be practiced, including by previously examining the texts of normative acts, bidding editions, contracts and other acts of it arising, as well as the acts of dispensation and bidding inchargeability ;

VII-manifested in advance on compliance with judicial decisions ; and

VIII-represent to the Directorate on legal order arrangements that appear to be claimed by the public interest and the prevailing standards.

Art. 12. À Ouvidoria competes:

I-receive requests for information, clarification and complaints affected to DNIT, and respond directly to those interested ; and

II-produce semester, and when adjudicating timely, detailed report of its activities, and refer it to the Directorate, the Board of Directors and the Ministry of Transport.

Art. 13. To Internal Affairs competes:

I-scrutinize the functional activities of the internal organs and regional units of the DNIT ;

II-appreciate the representations you are referred to, regarding the acting of the agents ;

III-realizing correction in all the integral units of the DNIT's organizational structure, suggesting the necessary measures for the rationalization and efficiency of services ; and

IV-institution, of office or by determination of the Directorate, syndicates and disciplinary administrative proceedings, regarding the agents, submitting them to the decision of the Board.

Single Paragraph. The establishment of unionists and disciplinary administrative proceedings relating to acts of the Directorate or its members shall be within the competence of the Minister of State for Transport.

Art. 14. The Internal Audit competes:

I-scrutinize the budgetary, financial, administrative, accounting, personnel and equity management and other administrative and operational systems of the Autarquia, in accordance with the Annual Plan of Internal Audit Activities approved by the Board of Directors ;

II-draw up report of the audits carried out, proposing preventive and corrective measures of the detected deviations, if any, by forwarding it to the Board of Directors and the Directorate ; and

III-respond by the systematization of the information required by the Federal Government's control bodies.

Art. 15.The Directorate of Administration and Finance competes to plan, administer, guide and control the execution of the activities related to the Federal Budget, Financial Administration, Accounting, Organization, and Administrative Modernization, Human Resources and General Services, implementing the actions required for their enhancement and suitability for policies, plans and programs.

Art. 16. To the Planning and Research Directorate competes to perform the infrastructure planning activities of the Federal Travel System, promote research and experimental studies in the areas of road engineering, railway, aquavian, port, considering, including, aspects concerning the environment, and to coordinate the realization of technological development and technical capacity-building programs.

Art. 17. The Land Infrastructure Directorate competes to administer and manage the execution of programs and projects of construction, operation, maintenance and restoration of the terrestrial infrastructure and to establish technical standards and standards.

Art. 18. The Aquavian Infrastructure Directorate competes to administer and manage the execution of programs and projects of construction, operation, maintenance and restoration of the aquavian infrastructure and to establish technical standards and standards.

Chapter V

OF THE ALLOCATIONS OF LEADERS

Art. 19. They are attributions of the Director-General:

I-chair the meetings of the Board ;

II-represent the DNIT and exercise the hierarchical command on personnel and services and the coordination of administrative skills ;

III-firmar, on behalf of DNIT, contracts, arrangements, agreements, adjustments and other legal instruments, upon prior approval by the Board ;

IV-expedition the administrative acts of competence of the DNIT ;

V-practicing acts of budget, financial and administration resource management ;

VI-practicing acts of human resource management, approving edible and homologating results of public tenders, hiring, naming, exonerating, and adopting other acts previously approved by the Directorate ;

VII-supervising the general functioning of DNIT ;

VIII-guide the planning, organization and execution of the DNIT activities ;

IX-promote the articulation of the DNIT with the Ministry of Transport and with other public or private bodies and entities ;

X-comply with and enforce the deliberations of the Board and the Board of Directors ; and

XI-order expense.

Single Paragraph. The Director General may submission the assignments provided for in the incisos III, IV, V and VI.

Art. 20. They are common assignments to Directors:

I-comply with and enforce regulatory provisions, within the framework of DNIT's competencies ;

II-to take care of the internal and external development and credibility of the DNIT and the legitimacy of its actions ;

III-to ensure compliance with the DNIT plans and programs ;

IV-practice and expedite the acts of administrative management, within the scope of their assignments ;

V-execute the decisions taken by the Board and the Board of Directors ;

VI-contribute subsidies for proposal for adjustments and modifications to the legislation, necessary for the modernization of the institutional environment of DNIT acting ;

VII-define, guide and supervise the performance of regional units ;

VIII-ensure the protection of users' interests as to the quality and supply of transportation infrastructure ;

IX-ensure the deployment and maintenance of environmental standards in the programs and projects of works and services to be performed or supervised by the DNIT ; and

X-ensure the transparency of DNIT's administrative procedures.

Single Paragraph. The Directors shall provide advising to the Director-General for programming, monitoring and supervision of activities concerning their areas of acting.

Art. 21. To the Chief of Staff, the Attorney General, the Ouvidor, the Corregedor, the Auditor-Chief and the other leaders it is incumbent on planning, directing, coordinating and guiding the evaluation and execution of the activities of their areas of competence and exercising others assignments that are committed to them.

Chapter VI

DO PATRIMONY AND REVENUE

Art. 22. They constitute equity of the DNIT the goods and rights conferred upon it and those which it will acquire.

Art. 23. They constitute revenues from DNIT:

I-appropriations earmarked in the Union General Budget, special credits, transfers and repasses ;

II-pay for the provision of services ;

III-resources arising from agreements, arrangements and contracts ;

IV-product of the collection of emoluments, fees and fines ; and

V-other revenue, including those resulting from the disposal of goods and of the application of heritage values, credit operations, donations, legacies and grants, use of the domain strip and other heritage assets.

Chapter VII

DAS GENERAL PROVISIONS

Art. 24. The internal regiment will have on the breakdown of the structure and assignments of the DNIT's administrative units.

Art. 25. The DNIT will be able to hire specialists or specialist companies, including independent consultants and external auditors, for carrying out technical work, for projects or for determined deadlines, under the legislation in force.

Art. 26. DNIT will be able to organize and deploy, for the benefit of its servers and their dependents, services and programs of social, medical, dental, hospital, food and transportation assistance in the form of the law.

Single Paragraph. The services and programs of which it treats this article will be able to run directly or upon arrangements and contracts with specialized, public or private entities.

Art. 27. It is delegated to the Minister of State for Transport to decide, upon proposal submitted by the DNIT Board, on the absorption, in the Table of Personnel in Extinction, of the employees governed by the Consolidation of Labor Laws, of that treats art. 114-A of Law No. 10,233, 2001.