PROVISIONAL MEASURE NO. 2.092-20, OF January 25, 2001

Institui, within the framework of the Executive Power of the Union, the Voluntary-PDV Shutdown Program, the reduced work journey with proportional remuneration and the unpaid leave with incentive payment in sinunique, intended for the server of the direct, municipal and fungal administration of public administration.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º Ficam instituted, within the framework of the Executive Power of the Union, the Voluntary-PDV Shutdown Program, the reduced work journey with proportional remuneration, and the unpaid leave with incentive payment in sinunique, intended for the server of the direct, municipal and the fundational public administration.

TITLE I

OF THE VOLUNTARY SHUTDOWN PROGRAM-PDV

CHAPTER I

OF THE PERIOD AND OF THE ACCESSION

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

Art. 3º Powers will adhere to the PDV the servers of direct, municipal and fundable administration, inclusive of the extinct Territories, occupiers of effective proofing, except for the careers or the posts of:

I? Lawyer of the Union, Attorney for the National Finance and Legal Assistant of the Advocate General of the Union;

II-Prosecutor Autarquico, Lawyer and Legal Assistant of the executing bodies or linked to the Advocate General of the Union;

III-Public Defender of the Union;

IV-Diplomat;

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

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

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

I? Specialist in Public Policies and Government Management;

II-Analyst of Finance and Control;

III-Budget Analyst;

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

V-Analyst of Foreign Trade;

VI-Superior or 1º and 2º degrees of federal educational institutions of the Ministries of Education and Defense;

VII- Nurse Practitioner, Physiotherapist, Physician, Public Health Physician, Physician-Surgery, Technician in Radiology, Technician in X-Rays, X-ray Operator, Technician in Nursing, Nursing Assistant, Nursing Attendant, Public Health Agent, Agent of Health, Dentist, Odontologo, Surgeon-Dental, Pharmaceutical, Biochemical Pharmacist, Laboratorist, Technician in Laboratory, Laboratory Auxiliary, Sanitarist, Blood Bank Technician, Biomedical, Technical in Anatomy and Necropsy, Instrumenter Surgical, Fonoaudiologist, Technician in Rehabilitation or Physiotherapy, Technician in Dental and Nutritionist Prosthesis;

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

IX-Technical in Air Defense and Traffic Control, Scheduling Technician and Air Defense Operation and Traffic Control, Technical in Aeronautical Information, Air Traffic Controller, Technician in Electronics and Aeronautical Telecommunications and Technical in Aeronautical Meteorology;

X-Veterinary Surgeon and Defense Fiscal Agropecuaria;

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

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

XIII-Analyst of the Central Bank of Brazil;

XIV-Official of Intelligence; and

XV-Expert Medical Supervisor.

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

§ 3º They will not be able to adhere to the PDV the servers that:

I-are in probationary stage;

II-have met all the legal requirements for retirement;

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

IV-have been convicted of judicial decision carried forward on trial, which determines the loss of the post;

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, save when the criminal decision carried forward on trial does not determine the loss of the office; or

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

§ 4º Does not apply to the non-stable servers, which were not amped by the caput of the art. 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 occupiers of the office of the career of superior magistery.

§ 5º The adherence to the PDV of server 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 fulfillment.

§ 6º The server that participates in or has participated in training program regularly instituted at the expense of the Federal Government will be able to join the PDV, upon the ressaration of the hailed expenses, to be compensated when of the payment of the indemnity, as follows:

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

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

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

CHAPTER II

OF THE PUBLICATION PERIOD OF THE EXONERATION ACT

Art. 4º The exoneration act of the server that has dewound its membership of the PDV will be published in the Official Journal of the Union, impreteribly, until thirty days counted from the protocolisation of the application for accession to the PDV in the organ or the entity to which it links, to the exception of the case provided for in Paragraph 5º of the preceding Article.

Single paragraph. The server joining the PDV should remain in effective exercise until the date of the publication of its exoneration.

TITLE II

OF THE REDUCED WORK JOURNEY WITH PROPORTIONAL REMUNERATION

CHAPTER I

OF THE GRANT

Art. 5º IS provided to the server of the direct, municipal and fundable public administration, occupant solely of effective pavement office, apply for reduction of the working journey of eight hours daily and forty weekly for six or four hours daily and thirty or twenty weekly hours, respectively, with proportional remuneration, calculated on the totality of the remuneration.

§ 1º The willing in the caput of this article does not apply to the occupants of effective proofing of the careers or the posts of which they treat the incisels I to III and V and VI of the caput of the art. 3º.

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

§ 3º The reduced journey could be reversed in integral, at any time, of trade or at the request of the server, in accordance with the judgment of convenience and opportunity of the administration, ressalvated, in any hypothesis, the willing in the single paragraph of the art. 16.

§ 4º The act of concession should contain, in addition to the functional data of the server, the date of the start of the reduction of the journey, upon publication in internal bulletin.

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

Art. 6º In addition to the provisions of Paragraph 1º of the previous article, it is vetted the granting of reduced work journey with remuneration proportional to the server:

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

II-occupant of effective office submitted to the exclusive dedication.

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

TITLE III

OF PAID LEAVE WITHOUT PAY

CHAPTER I

OF THE CONCESSION

Art. 8º Stay instituted license without remuneration with incentive payment in sinunique, of an indennial nature, corresponding to six times the remuneration to which it does jus, on the date it is granted, to the server of the direct, municipal and fundable administration of the Executive Power of the Union, occupant exclusively of effective pavement, as long as it is not in probationary stage.

§ 1º The licence that it treats the caput of this article will have duration of three consecutive years, extended for equal period, vetoed to its interruption, at the request or in the interest of the administration.

§ 2º At the discretion of the administration, the licence could be granted in act of the governing body of the sectoral or sectional body of the Civil Personnel System of the Federal Administration-SIPEC, which should contain, in addition to the functional data of the server, the period of the license, upon publication in internal bulletin.

§ 3º The server requiring the licence encouraged without pay is to remain in exercise until the date of the start of the licence.

Art. 9º It is vetted the granting of the incentivised leave without remuneration to the server:

I-accused in syndication or disciplinary administrative process until their final judgment and fulfillment of the penalty, if it is the case; or

II-that is effecting repositions and indemniations to the erarium, save on the hypothesis in which it proves the total discharge of the debit.

Single paragraph. It will not be granted the licence that it treats the previous article to the servers who find themselves regularly licensed or estranged, or to those who return before the remainder of the deadline set in the Act of granting the licence to be treated of particular interests, on the grounds of art. 91 of Law No. 8,112, of 1990.

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

I-exercise office or trust function; or

II-be hired temporarily, to any title.

Art. 11. The accumulated leave of the server who has been granted the leave encouraged without pay will be indemnished and, in the holiday hypothesis concerning the exercise in which the start of the permit occurs, in the proportion of a twelve avos per month worked or fray higher than fourteen days, increased from the respective additional holiday.

TITLE IV

OF THE INCENTIVES AND REMUNERATION

CHAPTER I

OF THE INCENTIVES TO JOIN

Section I

Incentives to the Accession to the PDV

Art. 12. To the server that accede to the PDV, by September 3, 1999, will be granted, as a financial incentive title, severance corresponding to an entire and twenty-five hundrsth of the remuneration per year of effective exercise in the federal public administration direct, autarquica or fundational.

§ 1º Observed the provisions of the art. 21 and its § 1º, the calculation of the indemnity shall be effected on the basis of the remuneration to which it makes jus the server on the date on which the act of exoneration is published.

§ 2º Will be regarded as time of effective exercise in the federal public service, for the purposes of this article, the period in which the server has been in availability.

§ 3º The payment of the indemnity will be made by deposit into account-current in up to ten working days, counted from the date of publication, in the Official Journal of the Union, of the exoneration act of the server.

§ 4º The calculation of the indemnity is to be effected by the Pay Unit of the organ or entity to which binds the server through specific module in the Integrated Human Resources Administration System- SIAPE.

Art. 13. To the server that adhere to the PDV will be:

I? paid in a single instalment the liability corresponding to the extension of the advantage of twenty-eight comma eighty-six per cent referred to the Provisional Measure No. 2.086-35, of this date, on the same date on which it is paid the financial reckoning of which it treats the art. 15.

II? ensured participation in training program directed towards the qualification and relocation 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 who, until September 3, 1999, join the PDV, will also be assured:

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

II? the granting of credit line, 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 into the direct, municipal and fundraising federal public administration, the time of effective exercise in the public service considered for ascertaining the incentive, pursuant to this Interim Measure, may not be reused for the same end or for the granting of any benefit or advantage under the same or identical grounds.

Art. 15. To the server joining the PDV will be indemnified, up to the date of payment corresponding to the month of subsequent competence to that of the publication of the exoneration act, the holiday and the Christmas gratification commensurate to which it is entitled.

Section II

Incentives to the Reduced Work Journey with Proportional Remuneration

Art. 16. To the server that manifits option, until September 3, 1999, by the reduction of working journey with proportional remuneration will be ensured the provisions of the inciso I of the single paragraph of the art. 13, and the granting of credit line, by 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 vetted the reversal of the reduced journey in full before completing the minimum period of three years.

Art. 17. The server may, during the period in which it is subjected to the reduced journey, exercise 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 the office.

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

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

Section III

Incentives to Leave without Remuneration

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

Art. 19. To the server that manifested option, until September 3, 1999, by the paid leave without pay will be ensured the provisions of the incisos II of the caput of the art. 13 and I of the single paragraph of the same article, and the granting of line of credit, by 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 away by virtue of paid leave without pay, except the requirement for time compatibility with the exercise of the office.

CHAPTER II

OF THE CONCEPT OF REMUNERATION

Art. 21. It is considered remuneration, for the calculation of the proportionality of the reduced journey and the incentive in barring the license of which it treats the art. 8º, the basic salary, plus the permanent pecuniary advantages set out in law, the additional ones of individual character, or any advantages, including personal ones and those relating to the nature or place of work, excluded:

I-the additional by the provision of extraordinary service;

II-the additional nightly;

III-the additional of insalubrity, of periculousness, or by the exercise of penacious activities;

IV-the additional vacation;

V-the Christmas gratuity;

VI-the salarium-family;

VII-the funeral;

VIII-the natality;

IX-the food stamp;

X-the food stamp

XI-the pre-school aid;

XII-the reparations;

XIII-the daily ones;

XIV-the cost aid in the reason of change of headquarters; and

XV-the housing costing.

§ 1º Applies the concept of remuneration to which the caput of this article is concerned for the purposes of calculating the severance of the PDV, excluded, yet, the consideration for the exercise of function or direction of direction, heads or advising.

§ 2º In the advantage hypothesis embodied to the remuneration of the server by virtue of judicial determination, it will only be computed, for purposes of calculating the compensation of the PDV and the incentive of the license without pay, those arising from a judicial decision carried on trial, observed, in any case, the exclusions provided for in this article.

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

TITLE V

OF THE FINAL PROVISIONS

Art. 22. The compensation of the PDV and the incentive of the unpaid leave of which they treat the arts. 12 and 18 will be exempted from social contribution to the public servant's own pension scheme and income tax, and costed to the account of budget allocations intended for the expenditure on personnel and charges of the organ or entity of the direct federal, municipal or fundable public administration to which links the server that adhere to the PDV, supplemented if necessary.

Art. 23. They become extinct the posts that wander in the due process of exoneration of the servers joining the PDV.

Art. 24. It is the Office of Human Resources, the Ministry of Planning, Budget and Management, tasked with coordinating, within the framework of direct, municipal and fundable public administration, the PDV, and may, for so much, convene servers and requisite equipment and facilities of organs and entities of the federal administration, with charges for the organ of origin.

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

Art. 26. Stay the closed entities of private foresight authorized to keep the servers that join the PDV, as well as the departed servers by virtue of paid leave without remuneration tied to their previdential and assistive plans, upon conditions to be repaced between the parties and without any burden to the direct, local, municipal or fundable federal public administration.

Single paragraph. In the hypothesis of reduced journey of work with proportional remuneration, the participation of the bodies or entities of the direct, municipal or parent federal public administration, in the health or supplementary pension plans of the entities closed from private foresight, should also be reduced in the same proportion.

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

Art. 28. They will be able to be accepted, exceptionally, administrative arrangements and court transactions of which they treat the arts. 6º and 7º of the Provisional Measure No. 2.086-35, of this date, firmed up to August 31, 1999, the payment of the first instalment in the month of October 1999 is effected.

Art. 29. It is authorized to open line of credit, 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 technical assistance and credit to microenterprises and small-sized companies constituted as an individual firm or to have as partners of the direct, local, self-governing federal public administration that joined the PDV, the reduced work journey with proportional remuneration and leave without pay, with payment of incentive in barring in the terms of this Interim Measur.

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

Art. 30. The conditions of allocation and reimbursement of the resources of which it treats the previous article shall be required to comply with the resourting conditions established by the FND to its agents.

Art. 31. The FGPC will be able, in exceptional character, to secure in up to fifty percent the financing operations granted by the Bank of Brazil S.A., of which it treats art. 29 of this Interim Measuring, unless the transaction involves, in addition to the FGPC, other guarantees with public resources, hypothesis where the full limit of the guarantee could be up to one hundred percent.

Art. 32. Stands the Banco do Brasil S.A. authorized to hire the Brazilian Micro and Small Enterprises Support Service-SEBRAE for the realization of the servers ' capacity-building program, as provided for in this Interim Measment.

Art. 33. The Ministries of Planning, Budget and Management and Finance shall expeditiate the acts which are necessary for the execution of the provisions of this Interim Measurer.

Art. 34. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.092-19 of December 27, 2000.

Art. 35. This Interim Measure shall come into force on the date of its publication.

Brasilia, January 25, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano Gianni