INTERIM MEASURE NO. 2.116-18, OF April 26, 2001

Ensuring perception of gratification by servers of the Federal Police careers, Federal District Police and Civil Police Station of the Federal District, changes the Laws No s 4,878, of December 3, 1965, 5,619, of November 3, 1970, and 5,906, of July 23, 1973, and gives other arrangements.

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

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

Art. 2º The values of Gratification by Special Operations a who rented the Decrees-Laws n 1,727, of December 10, 1979, and 2,387, of December 18, 1987, they are assured of all the servers of the Federal District Police and Civil Police Officers of the Federal District, of which it treats the Law No. 9,264 of February 7, 1996, in the following percentage:

I-eighty per scent, from 1º September 2000, to the occupants of the posts of Police Delegate, of Criminal Perito and of Medical Expert-Legista;

II-sixty percent, as of 1º September 2000, for the occupants of the posts of Police Agent, Police Office, Police Papiloscopist, and of Penitentiary Agent;

III-ninety percent, as of 1º January 2001, for 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 Schedule III of Law No. 9,264, of 1996.

Art. 3º Schedule III of Law No. 9,264, 1996, passes the vigour in the form of the Attachment to this Interim Measuring, producing effects from 1º September 2000.

Art. 4º It is vedated, to any title, retroactive payment on the elapsed from this Measure Provisional.

Art. 5º The provisions of this Provisional Measure do not apply and not if extends to any other post or career, albeit of a similar nature.

Art. 6º The provisions of this Provisional Measure does not generate any financial effect to the servers of which they treat the arts. 1º and 2º that already perceive such values by virtue of judicial decision, administrative or by administrative extension of judicial decision.

Art. 7º The art. 57 of Law No. 4,878 of December 3, 1965, it passes the invigoration with the following essay:

" Art. 57. ..............................................................

§ 1º Received the pieces of this article, the authority will proceed in the manner provided for in the art. 54, item I, of this Law.

§ 2º The civil, criminal and disciplinary sanctions may cumulate, being independent among each other.

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

§ 4º The preventive suspension of which treats the single paragraph of the art. 51 is mandatory when it comes to transgressions to the incisions 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 for in the arts. 312, caput, 313, 316, 317 and its § 1º, and 318 of the Decree-Law No. 2,848, of December 7, 1940 (Criminal Code). " (NR)

Art. 8º The provisions of the previous article apply to the disciplinary proceedings under way.

Art. 9º The Law No. 5,619 of November 3, 1970, passes the invigorate with the following changes:

" Art. 13. The military police officer, for the effective exercise of his duties, will make jus at the following gratuities:

I-Gratification of Service Time;

II-Gratification of Military Police Function;

III-Gratification of Military Police Operations. " (NR)

" Section III

From the Military Police Operations Gratification

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

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

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

Art. 10. The Law No. 5,906 of July 23, 1973, passes the invigoration with the following amendments:

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

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

IV-Gratification of Bombeiro-Militar Operations. " (NR)

" Section III

From the Gratification of Bombeiro-Militar Operations

Art. 27-A. The Gratuity of Bomber Operations-Military is attributed to the military firefighter by the effective performance of military firefighter operations.

Paragraph single. The Gratification of which treats this article is only due to the military firefighter in active duty and in the effective performance of the firefighter function. (NR)

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

Art. 11. The expenses arising from the application of the provisions of the arts. 2º, 9º and 10 of this Provisional Measure will run on 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 of the Union Budget, until the fund that it treats art. 21, inciso XIV, of the Federal Constitution.

Art. 12. Until it is edited law that it possesses about the obligations, duties, prerogatives and regiment of remuneration of military personnel of Military Police and Military Bomber Corps of the Federal District and the former Territories of Roraima and Amapá, continue to be due:

I-the Special Work Condition Gratification, in 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 Law No. 12, of August 7, 1992; and

III-the Military Pension, under the conditions set out in Law No. 3,765, of May 4, 1960, behold on December 28, 2000.

Art. 13. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.116-17, of March 27, 2001.

Art. 14. This Interim Measure shall come into force on the date of its publication.

Brasilia, April 26 of 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente

ANNEX

(Attachment III to Law No. 9,264, February 7, 1996)

CLASSES POSTS Due BASIC (R$) Instalment Supplemental (R$)

SPECIAL Deputy Police Officer, Criminal Expert Medico-Legista 524.30 6.02

FIRST Delegated Police, Expert Criminal Expert-Legista 445.66 77.63

SECOND Deputy Police Deputy, Expert Criminal Expert Doctor-Legista 378.81 68.45

SPECIAL Police Agent Writing of Police Papiloscopist Police Officer Penitentiary 309.93 41.40

FIRST Police Agent Written by Police Papiloscopist Police Officer Penitentiary 254.14 34.15

SECOND Police Agent Writing of Police Papiloscopist Police Officer Penitentiary Agent 210.94 28.64