Provisional Measure No. 2,116-19, Of 24 May 2001

Original Language Title: Medida Provisória nº 2.116-19, de 24 de Maio de 2001

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PROVISIONAL MEASURE # 2,116?19, DE May 24, 2001.

Ensures gratification perception by servers of the Federal Police Officer, Federal District Police Station, Federal District Civil Police Officer, Federal Road Officer, changes the Laws 4,878, December 3, 1965, 5,619, November 3, 1970, 5,906, July 23, 1973, 7,102, of June 20, 1983, and gives other providenties.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The values of Gratification by Special Operations to which they rented the Decrees?Laws nthe 1,714, of November 21, 1979, and 2,372, of November 18, 1987, stay assured to all servers of the Federal Police career, starting from 1º December 1999.

Art. 2º The values of Gratification by Special Operations to which they rented the Decrees?Laws nthe1,727, of December 10, 1979, and 2,387, of December 18, 1987, stay assured to all servers of the Federal District Police Station and Civil Police Station Carreiras, of which it treats Law No. 9,264 of February 7, 1996, in the following percentage:

I? eighty per cent, from 1° of September 2000, to the occupants of the posts of Police Station, Criminal Perito and Medical Expert?Coroner ;

lI? sixty per cent, from 1º September 2000, to the occupants of the positions of Police Officer, Police Office, Police Papiloscopic and Penitentiary Agent ;

III? ninety per cent, from 1º January 2001, to all occupants of the posts referred to in the incisos I and II.

Single Paragraph. The gratification that it treats the caput will focus on the values set out in Annex IIl of Law No. 9,264, 1996.

Art. 3 ° The values of Gratification by Special Opeting rations to which they rented the Decrees?Laws n°s 1,714, 1979, 1,771, February 20, 1980, and 2,372, from 1987, stay asthan insured to all the members of the Carrier Road Police Officer Fear-deral, of which it treats Law n° 9,654 of June 2, 1998, in the following percentage:

I? thirty-five per cent of the basic salary, from 1° of May 2001 ; and

II? ninety per cent of the basic maturity, from 1º January 2002.

Art. 4° Annex Ill of Law No. 9,264, 1996, passes effect in the form of the Annex to this Provisional Measure, producing effects from 1ºSeptember 2000.

Art. 5º It is vetoed, in any title, retroactive payment in consequence of this Interim Measure.

Art. 6º The provisions of this Provisional Measure do not apply and do not extend to any other post or career, albeit of a similar nature.

Art. 7° 0 The provisions of this Provisional Measure do not generate any financial effect on the servers of which they treat the arts. 1°, 2º and 3º that already perceive such values by virtue of a judicial, administrative decision or by administrative extension of judicial decision.

Art. 8º The art. 57 of Law No. 4,878 of December 3, 1965, passes vigorously with the following essay:

??Art.57. .......................................................................................................................

§ 1º Received the pieces of which it treats this article, the authority shall proceed in the manner provided for in art. 54, item I, of this Act.

§ 2º Civilian, criminal and disciplinary sanctions will be able to cumulate?if, being independent with each other.

§ 3º The administrative responsibility of the server will be turned away in the case of criminal absolution that denies the existence of the fact or its authorship.

§ 4º The preventive suspension of which treats the art's unique paedulograph. 51 is mandatory when dealing with transgressions to the incisos IX, XII, XVI, XXVIII, XXXVIII, XL, XLVIII, LI, LVIII and LXII of the art. 43, or in the case of receipt of denunciation for the crimes provided in the arts. 312, caput, 313, 316, 317 and your § 1º, and 318 of the Decree?Law No. 2,848 of December 7, 1940 (Penal Code). " (NR)

Art. 9° The willing on art. 8º applies?if the disciplinary processes in progress.

Art. 10. Law No. 5,619 of November 3, 1970 passes vigorously with the following changes:

" Art. 13. The military police officer, by the effective exercise of his duties, will do jus to the following gratifications:

I? Time-of-Service gratification ;

II? Military Police Function Gratification ;

III? Gratification of Military Police Operations.?? (NR)

??section III

From the Gratification of Military Police Operations

Art. 27?A. The Gratification of Military Police Operations is assigned to the military police officer for the effective performance of military police operations.

Single Paragraph. The Gratification that it treats this article is only due to the military police officer in active duty and in the effective performance of military police function. (NR)

Art. 27?B. The Military Police Operations Gratification, due from 1ºof October 2000, corresponds to the percent of seventy-three percent of the solder from the rank of Colonel. " (NR)

Art. 11. Law No. 5,906 of July 23, 1973 passes vigorously with the following changes:

" Art.13. ..............................................................................................................................

..............................................................................................................................................

IV? Bomber Operations gratification?Militar. " (NR)

?sections III

From the Gratification of Bomber Operations?Militar

Art. 27?A. The Gratification of Bomber-Myritar Operations is assigned to the firefighter?military by the effective performance of firefighter operations?military.

Single Paragraph. The Gratification that it treats this article is only due to the firefighter?military in active duty and in the effective performance of the military firepower function. (NR)

Art. 27-B. The Gratification of Bomber Operations?Military, due from 1º October 2000, corresponds to the percent seventy-three percent of the solder from the rank of Colonel. " (NR)

Art. 12. The expenses arising from the application of the provisions of the arts. 2º, 9º and 10 of this Provisional Measure will run into the account of the Transfers to States, Federal District and Municipalities-Government of the Federal District? Resources under Supervision of the Ministry of Finance, constant from the Union Budget, until the fund is created that treats art. 21, inciso XIV, of the Federal Constitution.

Art. 13. Until it is edited law that has on the obligations, duties, prerogatives and remuneration regiment of military personnel of the Military Police and Military Bomber Corps of the Federal District and the ex?Territories of Roraima and the Amapá, continue to be due:

I? the Gratification of Special Work Condition, under the conditions set out in Law No. 9,633 of May 12, 1998 ;

II? the Gratification of Military Activity, under the conditions set out in the Delegated Act No. 12 of August 7, 1992 ; and

III? the Military Pension, under the conditions set forth in Law No. 3,765 of May 4, 1960, bear on December 28, 2000.

Art. 14. The art. 17 of Law No. 7,102 of June 20, 1983, passes vigorously with the following essay:

" Art. 17. The exercise of the profession of vigilante requires prior registration in the Federal Police Department, which will be done after the presentation of the comprobatory documents of the situations listed in the art. 16. " (NR)

Art. 15. Are the acts practiced on the basis of the Provisional Measure No. 2,116 to be convalidated?18, of April 26, 2001.

Art. 16. This Provisional Measure comes into force on the date of its publication.

Brasilia, May 24, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Gregori

Pedro Malan,

Francisco Dornelles

Martus Tavares

ANNEX

(Annex III to Law No. 9,264 of February 7, 1999)

CLASS

POSTS

MATURITY

BASIC

(R$)

PARCELS

SUPPLEMENTAR (R$)

SPECIAL

Police Delegate,

Criminal Expert

Medical Expert-Legista

524.30

6.02

FIRST

Police Delegate,

Criminal Expert

Medical Expert-Legista

445.66

77.63

SECOND

Police Delegate,

Criminal Expert

Medical Expert-Legista

378.81

68.45

SPECIAL

Police Agent

Written by Police

Police Papiloscopic

Penitentiary Agent

309.93

41.40

FIRST

Police Agent

Written by Police

Police Papiloscopic

Penitentiary Agent

254.14

34.15

SECOND

Police Agent

Written by Police

Police Papiloscopic

Penitentiary Agent

210.94

28.64