PROVISIONAL MEASURE # 1.970-11, OF June 1, 2000.

Institution, within the framework of the Union Executive Power, the Volunteer-PDV Disligation Program, the reduced work journey with proportional remuneration and the unpaid leave with incentive payment in sinus, intended for the server of direct public administration, municipal and founder.

THE VICE PRESIDENT OF THE REPUBLICA, in the exercise of the post of CHAIRMAN OF THE REPUBLICA, using the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Stay instituted, within the framework of the Union Executive Power, the Volunteer-PDV Disligation Program, the reduced work journey with proportional remuneration, and the unpaid leave with incentive payment in sinus, intended for the server of direct public administration, municipal and founder.

Ttitle I

DO VOLUNTEER SHUTDOWN PROGRAM-PDV

CHAPTER I

OF PERIOD AND MEMBERSHIP

Art. 2º In 1999, public servants will be able to join the PDV in the period from August 23 to September 3, and in subsequent financial years, in periods to be fixed by the Union Executive Power, provided the adoption or modification of the planned incentives in this Provisional Measure, as per the regulation, observed the limits set forth in the budget law.

Art. 3º May join the PDV the servers of direct, municipal and founder administration, including from the territories' territories, occupants of effective proofing, except for the careers or the posts of:

I-Advocate of the Union, Prosecutor of the National Farm and Legal Assistant to the Advocacy-General of the Union ;

II-Municipal Prosecutor, Lawyer and Legal Assistant to the implementing bodies or linked to the Advocacy-General of the Union ;

III-Union Public Defensor ;

IV-Diplomata ;

V-Federal Police Station, Federal Criminal Perito, Federal Police Office, Federal Police Officer, Papiloscopist, Federal Police Officer and Federal Highway Police Officer ; and

VI-Auditor-Fiscal of the Federal Revenue, Auditor-Tax Social Security and Auditor-Fiscal of Labour.

§ 1º The Minister of State, included the linked entities of lotation of the careers or related posts may fix the maximum number of servers that will be able to join the PDV and, in the hypothesis where adhesions overtake this limit, shall be used as a criterion the precedence of the application protocolisation date in the respective organ or entity:

I-Specialist in Public Policies and Governmental Management ;

II-Analist of Finance and Control ;

III-Budget Analyst ;

IV-Planning and Research Technician of the Institute for Applied Economic Research-IPEA ;

V-Exterior Trade Analyst ;

VI-Higher Magistration or 1º and 2º degrees of federal educational institutions of the Education and Defence Ministries ;

VII-Nurse, Physiotherapist, Physician, Public Health Practitioner, Doctor-Cirurgion, Technician in Radiology, Technical in Rays X, X Ray Operator, Technician in Nursing, Nursing Aid, Nursing Atendant, Health Agent Public, Health Agent, Dental, odontoologist, Surgeon-Dentist, Pharmacist, Biochemical Pharmacist, Laboratorist, Technician in Laboratory, Laboratory Aid, Sanitarist, Blood Bank Technician, Biomedical, Technician in Anatomy and Necropsy, Surgical Instrumentator, Fonoaudiologist, Technician in Rehabilitation or Physiotherapy, Technical in Dental and Nutritionist Prothesis ;

VIII-of the top level of the Carreiras of the Science and Technology area ;

IX-Technical in Air Defense and Traffic Control, Programming and Operation of Air Defense and Traffic Control, Technical in Aeronautical Information, Air Traffic Controller, Technical in Electronics and Telecommunications Aeronautics and Technical in Aeronautical Metereology ;

X-medical Veterinarian and Fiscal of Agrolivestock Defense ;

XI-Fiscal of Cadastro and Rural Taxation of the National Institute of Colonization and Agrarian Reform-INCRA ;

XII-Inspector of the Securities Commission and Technical Analyst of the Private Insurance Supervision ;

XIII-Analist of the Central Bank of Brazil ;

XIV-Official Intelligence ; and

XV-Pericial Medical Supervisor.

§ 2º Observed the provisions of the preceding paragraph, it is provided to the Minister of State, included the linked entities of lotion of the related posts in the incisos I to VI of the caput of this article authorize the accession of their occupants to the PDV.

§ 3º You will not be able to join the PDV the servers that:

I-are in probative stage ;

II-have complied with all legal requirements for retirement ;

III-have retired in office or public function and rejoined in the direct federal public administration, municipal or founder, in office or unaccrutable public employment ;

IV-have been convicted of a judicial decision transitioned on trial, which determines the loss of office ;

V-are not in exercise, by virtue of the impediment that it treats the inciso I of the art. 229 of Law No. 8,112 of December 11, 1990, unless the criminal decision transitioned on trial does not determine the loss of office ; or

VI-are estranged by virtue of licence per accident in service or for health treatment, when acomets of the diseases specified in § 1º of the art. 186 of Law No. 8,112, 1990.

§ 4º It does not apply to non-stable servers, which have not been loved by the art caput . 19 of the Act of the Transitional Constitutional Provisions, the provisions of the incisos I to VI and in § 2º of this article, except if occupants of office of the superior magisterion career.

§ 5º Accession to the server PDV that is responding to syndication or disciplinary administrative process will only produce effects after the final judgment, if not applied for the dismissal penalty and, in the application hypothesis of another penalty, after their compliance.

§ 6º The server participating in or has participated in training program regularly instituted at the expense of the Federal Government may accede to the PDV, upon the real compensation of the expenses incurred, to be compensated when of the payment of the indemnification, as follows:

I-integral, if the training is in progress ; or

II-proportional, in the hypothesis that it has not yet elapsed, after training, period of effective exercise equivalent to that of the removal.

§ 7º Include in the expenses of which it treats the preceding paragraph the remuneration paid to the server and the cost of the course, exchange or internship financed with resources from the National Treasury.

CHAPTER II

OF THE PUBLICATION DEADLINE OF THE ACT OF EXONERATION

Art. 4º The act of exoneration of the server which has debited its accession to the PDV will be published in the JournalOfficial of the Union, impossibly, up to thirty days counted from the protocol of the application for membership to the PDV on the organ or entity to which links, with the exception of the case provided for in § 5º of the previous article.

Single Paragraph. The server that adheres to the PDV should remain in effective exercise until the date of publication of its exoneration.

Ttitle II

DA JOURNEY OF REDUCED WORK WITH PROPORTIONAL REMUNERATION

CHAPTER I

DA GRANT

Art. 5º It is provided to the server of the direct, municipal and founder public administration, occupant exclusively of effective proofing, requiring the reduction of the daily work journey of eight hours daily and forty weekly for six or four hours daily and thirty or twenty hours weekly, respectively, with proportional remuneration, calculated on the entirety of the remuneration.

§ 1º The provisions of the caput of this article do not apply to the occupants of effective prosecution of the careers or the posts of which treat the incisors I to III and V and VI of the art's caput . 3º.

§ 2º Observed the interest of the administration, the reduced journey with proportional remuneration may be granted at the discretion of the maximum authority of the organ or the entity to which the server is bound, vetoed by delegation of competence.

§ 3º The reduced journey may be reversed in full, at any time, of office or at the request of the server, in accordance with the administration's judgment of convenience and opportunity, ressaved, in any given hypothesis, the provisions of the single paragraph of the art. 16.

§ 4º The concession act shall contain, in addition to the functional data of the server, the date of the commencement of the journey reduction, upon publication

§ 5º The server that requires the reduced work journey must remain subjected to the journey to which it is subject up to the starting date fixed in the grant act.

Art. 6º In addition to the provisions of § 1º of the preceding Article, the grant of reduced work journey with remuneration proportional to the server is vetoed:

I-subject to the duration of work laid down in special laws ; or

II-occupier of effective post submitted to the exclusive dedication.

Art. 7º The reduction of the journey does not imply loss of permanent advantages inherent in the occupied effective post, albeit granted by virtue of laws establishing the fulfilment of forty weekly hours, hypotheses in which they will be paid with the reduction proportional to the reduced work journey.

Title III

OF INCENTIVISED LEAVE WITHOUT REMUNERATION

CHAPTER I

DA GRANT

Art. 8º It shall be instituted leave without remuneration with incentive payment in a pecunic, of a compensation nature, corresponding to six times the remuneration to which it makes jus, on the date on which it is granted, to the server of direct administration, municipal office and fountain of the Union Executive Power, occupier exclusively of effective proofs, provided that it is not in probative stage.

§ 1º The licence that it treats the caput of this article will have duration of three consecutive years, extend for equal period, vetoed upon your interruption, on request or in the interest of the administration.

§ 2º At the discretion of the administration, the licence may be granted in the act of the leader of the sectional or sectional organ of the Federal Administration's Civil Personnel System-SIPEC, which is to contain, in addition to the functional data of the server, the period of leave, upon publication in internal

§ 3º The server requiring the incentive to be encouraged without remuneration is expected to remain in exercise until the date of the commencement of the licence.

Art. 9º It is vetoed the granting of the incentive without remuneration to the server:

I-accused in syndication or disciplinary administrative proceedings until their final judgment and fulfillment of the penalty, if any ; or

II-which is effecting repositions and compensation to the erary, except in the hypothesis in which it proves the full discharge of the debit.

Single Paragraph. You will not be granted the licence that you treat the article prior to servers that you find regularly licensed or removed, or those who return before the remainder of the time limit set in the act of granting the licence to treat particular interests, on the grounds of art. 91 of Law No. 8,112, 1990.

Art. 10. The licensed server on the basis of art. 8º shall not, within the framework of direct public administration, municipal or functional of the Union Powers:

I-engage in office or trust function ; or

II-be hired temporarily, to any title.

Art. 11. The accumulated vacation of the server that has been granted the incentive unpaid leave will be indemnified and, in the vacation hypothesis concerning the exercise in which the start of the licence occurs, in the proportion of a twelve avos per month worked or fraction higher than fourteen days, plus additional holiday additional.

Title IV

INCENTIVES AND REMUNERATION

CHAPTER I

INCENTIVES TO MEMBERSHIP

I Section

Incentives to Accession to PDV

Art. 12. To the server that accede to the PDV, by September 3, 1999, shall be granted, as a financial incentive, compensation corresponding to an entire and twenty-five hundredths of remuneration for one year of effective public administration exercise direct federal, municipal or founder federal.

§ 1º Observed the willing on art. 21 and its § 1º, the calculation of the indemnification shall be effected on the basis of the remuneration to which you make jus the server on the date on which the exoneration act is published.

§ 2º It will be considered as time of effective exercise in the federal public service, for the purposes of this article, the period on which the server was in availability.

§ 3º The payment of the compensation will be made upon deposit into account-current within up to ten working days, counted from the date of publication, in the JournalOfficial of the Union, from the act of exoneration of the server.

§ 4º The calculation of the indemnification is to be effected by the Payment Unit of the organ or entity to which the server is bound by the specific module intermediate in the Integrated Human Resources Administration System-SIAPE.

Art. 13. To the server that join the PDV will be:

I-paid in a single instalment the liability corresponding to the extension of the twenty-eight-comma advantage eighty-six per cent referred to in Provisional Measure No. 1.962-25 of April 28, 2000, on the same date as for paid the financial reckoning that it treats art. 15.

II-ensured participation in training program directed towards the qualification and recolocation of citizens in the labour market, under the coordination of the Ministry of Planning, Budget and Management and the National School of Public Administration-ENAP

Single Paragraph. To the server that, until September 3, 1999, to join the PDV, will also be secured:

I-participation in training program, until January 30, 2000, with the aim of preparing you for the opening of your own venture, under the coordination of the Ministry of Planning, Budget and Management and ENAP ; and

II-the credit line concession, until July 31, 2000, for opening or expansion of venture, limited to R$ 30,000.00 (thirty thousand reais), as per regulation.

Art. 14. In the hypothesis of new admission to the direct, municipal and founder federal public administration, the time of effective exercise in the public service considered to ascertain the incentive, pursuant to this Provisional Measure, may not be reused for the same purpose or for the granting of any benefit or advantage under the same title or identical ground of appeal.

Art. 15. To the server that join the PDV will be indemnified, up to the payment date corresponding to the month of competence subsequent to the publication of the exoneration act, the vacation and the proportional natalina gratification to which you are entitled.

Section II

Incentives to the Reduced Labor Paper with Proportional Remuneration

Art. 16. To the server that manifested option, by September 3, 1999, by the reduction of work journey with proportional remuneration will be ensured the provisions of the inciso I of the art single paragraph. 13, and the credit line concession, until July 31, 2000, for opening or expansion of venture, limited to R$ 10,000.00 (ten thousand reais), as per regulation.

Single Paragraph. To the server benefited by the line of credit that it treats the caput of this article is vetoed the reversal of the reduced journey in integral before completing the minimum period of three years.

Art. 17. The server may, during the period in which you are subjected to the reduced journey, engage in trade and participate in management, administration or tax advice or administration of mercantile or civil societies, provided that there is compatibility of time with the exercise of office.

§ 1º The prerogative that it treats the caput of this article does not apply to the server that accumulates Professor's post with another related technician in the incisos I to VI of the caput of the art. 3º or in § 2º of the same article.

§ 2º To the servers that it treats the caput of this article apply the provisions contained in art. 117 of Law No. 8,112, from 1990, to the exception of the prohibition contained in its inciso X.

Section III

Incentives to the License without Remuneration

Art. 18. The incentive in sinus will be paid in full to the licensed server without remuneration, until the last working day of the month of competence subsequent to what is published the initial concession act, and in the subsequent month to what is published the act of extension of the permit for another three years, when it is the case.

Art. 19. To the server expressing option, until September 3, 1999, by the unpaid incentive will be ensured the provisions in the incisos II of the caput of the art. 13 and I of the single paragraph of the same article, and the credit line concession, until July 31, 2000, for opening or expansion of venture, limited to R$ 15,000.00 (fifteen thousand reais), as per regulation.

Art. 20. The provisions of the art apply. 17 to the server that is turned away by virtue of incentiated leave without remuneration, except for the requirement for time compatibility with the exercise of the post.

CHAPTER II

OF THE REMUNERATION CONCEPT

Art. 21. It is considered remuneration, for the calculation of the proportionality of the reduced journey and of the incentive in a sinus of the licence that it treats art. 8º, the basic salary, plus the permanent pecuniary advantages laid down in law, the additional individual character, or any advantages, including personal and those relating to nature or place of work, excluded:

I-the additional for the provision of extraordinary service ;

II-the additional night ;

III-the additional insalubriity, of periculosity or the exercise of painful activities ;

IV-the additional vacation ;

V-the natalina gratification ;

VI-the salarium-family ;

VII-the funeral aid ;

VIII-the aid-natality;

IX-the food stamp ;

X-the aid-transportation

XI-the pre-school; aid ;

XII-the compensation ;

XIII-the daily ones ;

XIV-the cost help on the reason of change of thirdseat ; and

XV-the housing custer.

§ 1º Applies the concept of remuneration referred to in the caput of this article for the purposes of calculating the indenization of the PDV, excluded, yet, the retribution for the exercise of function or office of direction, chefs or advising.

§ 2º In the benefit assumption incorporated to the remuneration of the server by virtue of judicial determination, only computed, for the purposes of calculating the indenization of the PDV and the incentive of the licence without remuneration, shall be computed, those arising of judicial decision carried on trial, observed, in any case, the exclusions provided for in this article.

§ 3º The remuneration for this article shall not exceed, in any title, the value due, in kind, to the Ministers of State, pursuant to Law No. 8,852 of February 4, 1994.

Ttitle V

DAS FINAL PROVISIONS

Art. 22. The indemnification of the PDV and the incentive of the unpaid leave of pay for the arts. 12 and 18 shall be exempt from social contribution to the public servant's own pension scheme and income tax, and cost to the account of budget appropriations intended for expenditure on personnel and charges of the organ or entity of the direct, municipal or founder federal public administration to which it links the server that join the PDV, supplemented if necessary.

Art. 23. They become extinct the posts that wander in the course of exoneration of the servers that adhere to the PDV.

Art. 24. Sits the Office of Human Resources, Ministry of Planning, Budget and Management, tasked with coordinating, within the framework of direct, municipal and founder public administration, the PDV, and may, for so long, summon servers and requisition equipment and facilities of organs and entities of the federal administration, with charges for the home organ.

Art. 25. The occupant server of office or direction function, manager or advisor should be exonerated or waived from the reduction of the journey with proportional remuneration or leave encouraged without remuneration.

Art. 26. Stay the private pension-closed entities authorized to maintain the servers that adhere to the PDV, as well as servers detached by virtue of incentiated leave without remuneration tied to their previdual and assistive plans, upon conditions to be repaced between the parties and without any burden on the direct, municipal or foundational federal public administration.

Single Paragraph. In the working reduced journey hypothesis with proportional remuneration, the participation of the organs or entities of the direct, municipal or founder federal public administration in the health or supplementary pension plans of the entities closed on private pension, it should also be reduced in the same proportion.

Art. 27. The Federal Office for Control of the Ministry of Finance shall monitor compliance with the provisions contained in this Provisional Measure.

Art. 28. You will be able to be accepted, exceptionally, administrative arrangements and judicial transactions of which they treat the arts. 6º and 7º of the Provisional Measure No. 1.962-256, 2000, signed up to August 31, 1999, making the payment of the first instalment in the month of October 1999.

Art. 29. It is authorised to open the credit line, through the Banco do Brasil S.A., worth up to R$ 90,000,000.00 (ninety million reais), with resources from the National Development Fund-FND, with the aim of providing assistance technical and creditworthiness to micro-enterprises and small-sized companies constituted as an individual firm or which have as partners servers of the direct, municipal and founder federal public administration that have joined the PDV, the journey of work reduced with proportional remuneration and leave without remuneration, with payment of incentive in sinus, under this Provisional Measure.

Single Paragraph. The financing operations of which this article deals will be awarded with up to fifty per cent risk from the National Treasury, through the Guarantee Fund for Promotion of Competitiveness-FGPC, established by Law No. 9,531 of December 10 of 1997.

Art. 30. The conditions for allocation and reimbursement of the resources of which it treats the previous article should comply with the resting conditions of resources set by the FND to its agents.

Art. 31. The FGPC may, in exceptional character, guarantee in up to fifty per cent the financing operations granted by the Banco do Brasil S.A., of which it treats art. 29 of this Provisional Measure, unless the operation involves, in addition to the FGPC, other guarantees with public resources, hypothesis where the total limit of the guarantee could be up to one hundred per cent.

Art. 32. Stay the Banco do Brasil S.A. authorized to hire the Brazilian Office of Support for Micro and Small Business-SEBRAE for the realization of the server empowerment program, as provided for in this Provisional Measure.

Art. 33. The Ministries of Planning, Budget and Management and the Finance shall expedition the acts that are necessary for the implementation of the provisions of this Interim Measure.

Art. 34. The acts practiced on the basis of the Provisional Measure No. 1.970-10, of May 4, 2000, shall be convalidated.

Art. 35. This Provisional Measure comes into force on the date of its publication.

Brasilia, 1º June 2000 ; 179º percent of Independence and 112º percent of the Republic.

MARCO ANTONIO DE OLIVEIRA MACIEL

Pedro Malan

Martus Tavares