Decree No. 4748, 16 June 2003

Original Language Title: Decreto nº 4.748, de 16 de Junho de 2003

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DECREE NO 4,748, DE June 16, 2003.

Regulates the simplified selective process referred to in § 3º of the art. 3º of Law No. 8,745 of December 9, 1993, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the provisions of § 3º of the art. 3º of Law No. 8,745 of December 9, 1993,

DECRETA:

Art. 1º The specialized technical activities of which it treats the "h" point of the inciso VI of the art. 2º of Law No. 8,745 of December 9, 1993 will be the subject of hiring for time determined pursuant to this Decree.

Single Paragraph. The hiring referred to in the caput will be made exclusively by project with a given deadline, to be implemented within the framework of international agreements, vetoed the use of the contractors in any area of the public administration.

Art. 2º It is forbidden to hire, in the terms of art. 6º of Law No. 8,745, 1993, of servers of direct or indirect administration of the Union, States, the Federal District and Municipalities, as well as of employees or servers of their subsidiaries and controlled.

Single Paragraph. Without prejudice to the nullity of the contract, the infringement of the provisions of this article shall impose administrative responsibility of the contracting authority and the contractor, including solidarity with respect to the return of the values paid to the contractor.

Art. 3º The hiring can only be made with compliance with the budgetary availability and upon prior authorisation of the Minister of State for Planning, Budget and Management and the Minister of State under whose supervision the body is found or contracting entity.

§ 1º The application for authorization should be forwarded to the Ministry of Planning, Budget and Management instructed with the indication of the necessary and quantitative qualifications of the staff to be hired, the estimate of resources for the intended hiring, the project to be implemented, accompanied by minuta of the contract to be concluded, and will be examined jointly by the Secretaries of Management and Human Resources.

§ 2º The contracting bodies and entities shall forward to the Office of Human Resources of the Ministry of Planning, Budget and Management, for control of the provisions of this Decree, synthesis of the contracts effective.

§ 3º The hiring will be borne by the appropriations earmarked in other current expenditure of the contracting bodies and entities, in their respective actions in which the projects are developed.

Art. 4º The hiring of personnel dealing with this Decree will give itself upon simplified selective process, comprising, compulsorily, proof written and, optionally, analysis of curriculum vitae, without prejudice to other modalities which, the criterion of the contracting body or entity, come to be required.

§ 1º The contracting bodies and entities will create specific commission that will be responsible for the coordination and progress of the selective process, with the supervision of the Ministry of Human Resources of the Ministry of Human Resources. Planning, Budget and Management.

§ 2º The analysis of the curriculum vitae will give you from previously disclosed scoring system, which contemplate, among other factors deemed necessary for the performance of the activities to be carried out, the qualification, experience and specific candidate skills.

Art. 5º The disclosure relating to the simplified selective process that it treats this Decree will give it upon:

I-publication of excerpt from the edition in the Official Journal of the Union ; and

II-provision of the entire content of the edition on official website of the organ or contracting entity on the Internet and in the service portal and information of the Federal Government (www.brasil.gov.br).

Single Paragraph. The excerpt from the edition, as to the inscription, should inform, at the very least, the period, the place, the conditions, whether admitted or not by means of electronic means, and the value, when there is.

Art. 6º Desumption finds from the opening edition of entries for the simplified selective process information allowing the person concerned to know the conditions of future contracting, such as the project under which the exercise of the activities, the number of vacancies, the description of the assignments, the remuneration to be paid and the duration of the contract.

Art. 7º The time limit for enrolment in the simplified selective process should be at least ten working days.

Art. 8º The hiring for the realization of the specialized technical activities will observe the following classification:

I-technical activities for which specific training of medium level or specific complementary technical training is required ;

II-supporting activities in the area of information technology, to be performed by mid-level professional with specific training in the area ;

III-technical activities supporting those understood in the incisos IV and V of this article, to be performed by senior level professional ;

IV-technical activities of intellectual complexity as elaboration of studies, research, diagnostics, for which they require, in addition to higher education, additional requirements as a professional experience exceeding three years or differentiated qualification, such as postgraduate lato sensu, master's or doctoral degree ; and

V-technical activities of managerial complexity, comprising definition of strategic guidelines, project proposition, coordination, supervision, monitoring and evaluation of implementation, to be performed by top level professional with professional experience exceeding five years or master's title possessor or doctor.

Single Paragraph. The monthly remuneration of the contractors will observe the values listed in the Annex to this Decree.

Art. 9º The personnel hired under this Decree will not be able to:

I-be given assignments, functions or charges not provided for in the respective contract ;

II-be appointed or appointed, albeit under precarious or in replacement, for the exercise of office in commission or trust function ;

III-be re-hired before decoration twenty-four months of the contract termination previously awarded on the grounds of Law No. 8,745 of 1993.

Single Paragraph. The non-compliance with the provisions of this article will impose on the termination of the contract in the cases of incisos I and II, or in the declaration of their insubsistence, in the case of inciso III, without prejudice to the administrative responsibility of the authorities involved in the transgression.

Art. 10. This Decree comes into force on the date of its publication.

Brasilia, June 16, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA
Guido Mantega