Key Benefits:
LEI No. 11,892, OF December 29, 2008.
Institui the Federal Network for Vocational, Scientific and Technological Education, creates the Federal Institutes of Education, Science and Technology, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC I get to know that the National Congress decrees and I sanction the following Law:
CHAPTER I
OF THE FEDERAL NETWORK OF VOCATIONAL, SCIENTIFIC AND TECHNOLOGICAL EDUCATION
Art. 1o Stay instituted, in the framework of the federal education system, the Federal Network of Professional Education, Scientific and Technological Education, linked to the Ministry of Education and consisting of the following institutions:
I-Federal Institutes of Education, Science and Technology-Federal Institutes;
II-Federal Technological University of Paraná-UTFPR;
III-Federal Centers of Technological Education Celso Suckow of Fonseca-CEFET-RJ and of Minas Gerais-CEFET-MG;
IV-Technical Schools Linked to Federal Universities.
Paragraph single. The institutions mentioned in the incisors I, II and III of the caput of this article possess legal nature of autarchy, holder of administrative autonomy, patrimonial, financial, didactic-pedagogical and disciplinary.
Art. 2o Federal Institutes are institutions of higher education, basic and professional education, pluricurricular and multicampi, specializing in the provision of vocational and technological education in the different teaching modalities, based on the conjugation of technical and technological knowledge with their teaching practices, under this Law.
§ 1o For the purpose of the incidence of the provisions governing regulation, evaluation and supervision of institutions and higher education courses, the Federal Institutes are equated with the federal universities.
§ 2o Within the framework of its performance, the Federal Institutes will exercise the role of accredited institutions and professional competencies certifying institutions.
§ 3o The Federal Institutes will have autonomy to create and extinguish courses, at the limits of your area of territorial acting, as well as to register diplomas of the courses by them offered, upon authorization from your Superior Council, applying, in the case of the offer of distance courses, the specific legislation.
Art. 3o UTFPR sets itself up as specialized university, in the terms of the single paragraph of art. 52 of the Law no 9,394, of December 20, 1996, governed by the principles, purposes and objectives set out in Law no 11,184, of October 7, 2005.
Art. 4o The Technical Schools Linked to Federal Universities are educational establishments belonging to the organizational structure of the federal universities, devoting themselves, preciously, to the offer of mid-level technical vocational training, in their respective areas of acting.
CHAPTER II
OF THE FEDERAL INSTITUTES OF EDUCATION, SCIENCE AND TECHNOLOGY
Section I
From Creation of the Federal Institutes
Art. 5o Ficam created the following Institutes Federal Education, Science and Technology:
I-Federal Institute of Acre, upon processing of the Federal Technical School of the Acre;
II-Federal Institute of Alagoas, upon integration of the Federal Center for Technological Education of Alagoas and the Federal Agrotechnical School of Satuba;
III-Federal Institute of Amapá, upon transformation of the Federal Technical School of Amapá;
IV-Federal Institute of Amazonas, upon integration of the Federal Centre for Technological Education of Amazonas and the Federal Agrotechnical Schools of Manaus and of the São Gabriel da Cachoeira;
V-Federal Institute of Bahia, upon transformation of the Federal Centre of Bahia Technological Education;
VI-Federal Baiano Institute, upon integration of the Federal Agrotechnical Schools of Catu, de Guanambi (Antonio José Teixeira), of Saint Inês and of the Lord of the Bonfim;
VII-Federal Institute of Brasilia, upon transformation of the Federal Technical School of Brasilia;
VIII-Federal Institute of Ceará, upon integration of the Federal Center for Technological Education of Ceará and das Federal Agrotechnical Schools of Crato and de Iguatu;
IX-Federal Institute of the Spirit Santo, upon integration of the Federal Center for Technological Education of the Holy Spirit and the Federal Agrotechnical Schools of Alegre, of Colatina and of Santa Teresa;
X-Federal Institute of Goiás, upon transformation of the Federal Center for Technological Education of Goiás;
XI-Federal Institute Goiano, upon integration of the Federal Centers for Technological Education of Rio Verde and of Urutaí, and of the Federal Agrotechnical School of Ceres;
XII-Federal Institute of the Maranhão, upon integration of the Federal Centre for Technological Education of the Maranhão and the Federal Agrotechnical Schools of Codó, of São Luís and from São Raimundo of the Mangabeiras;
XIII-Federal Institute of Minas Gerais, upon integration of the Federal Centers for Technological Education of Ouro Preto and Bambuí, and of the Federal Agrotechnical School of Saint John Evangelist;
XIV-Federal Institute of the North of Minas Gerais, upon integration of the Center Federal of January-owned Technological Education and the Federal Agrotechnical School of Salinas;
XV- Federal Institute of Southeast Minas Gerais, upon integration of the Federal Center for Technological Education of Rio Pomba and the Federal Agrotechnical School of Barbacena;
XVI-Federal Institute of Southern Minas Gerais, upon integration of the Federal Agrotechnical Schools of Inconfidants, of Machado and of Muzambinho;
XVII-Federal Institute of the Triangle Mineiro, upon integration of the Federal Center for Technological Education of Uberaba and the Federal Agrotechnical School of Uberlândia;
XVIII-Federal Institute of Mato Grosso, upon integration of the Federal Centers for Technological Education of Mato Grosso and Cuiabá, and of the Federal Agrotechnical School of Cáceres;
Nineteenth-Federal Institute of Mato Grosso do Sul, upon integration of the Federal Technical School of Mato Grosso do Sul and the Federal Agrotechnical School of New Andradina;
XX-Federal Institute of Pará, upon integration of the Federal Center for Technological Education of Pará and of the Federal Agrotechnical Schools of Castanhal and of Marabá;
XXI-Federal Institute of the Paradba, upon integration of the Federal Centre for Technological Education of Paraíba and the Federal Agrotechnical School of Sousa;
XXII-Federal Institute of Pernambuco, upon integration of the Federal Center for Technological Education of Pernambuco and the Federal Agrotechnical Schools of Barons, from Belo Garden and of Victoria of Saint Anso;
XXIII-Federal Institute of the Serb Pernambucano, upon transformation of the Federal Centre for Technological Education of Petrolina;
XXIV- Federal Institute of the Piauí, upon transformation of the Federal Centre for Technological Education of the Piauí;
XXV-Federal Institute of Paraná, upon transformation of the Technical School of the Federal University of Paraná;
XXVI-Federal Institute of Rio de Janeiro, upon transformation of the Federal Center for Technological Education of Chemistry of Nilópolis;
XXVII-Federal Fluminense Institute, upon transformation of the Center Federal Department of Technological Education of Fields;
XXVIII-Federal Institute of Rio Grande do North, upon transformation of the Federal Center for Technological Education of Rio Grande do Norte;
XXIX-Federal Institute of Rio Grande do Sul, upon integration of the Federal Center for Technological Education of Bento Goncalves, of the Federal Technical School of Canoes and the School Federal agrotechnician of Serton;
XXX-Federal Institute Farroustack, upon integration of the Federal Center for Technological Education of Saint Vincent of the South and of the Federal Agrotechnical School of Alegrete;
XXXI-Instituto Federal South-river-grandense, upon transformation of the Federal Centre for Technological Education of Pelotas;
XXXII-The Federal Institute of Rondônia, upon integration of the Federal Technical School of Rondônia and the School Agrotechnical Federal of Colorado of the West;
XXXIII-Federal Institute of Roraima, upon transformation of the Federal Centre for Technological Education of Roraima;
XXXIV-Institute Federal of Santa Catarina, upon transformation of the Federal Center for Technological Education of Santa Catarina;
XXXV-Instituto Federal Catarinense, upon integration of the Federal Agrotechnical Schools of Concordia, of Rio do Sul and of Sombrio;
XXXVI-Federal Institute of São Paulo, upon transformation of the Federal Center for Technological Education of São Paulo Paulo;
XXXVII-Federal Institute of Sergipe, upon integration of the Federal Center of Technological Education of Sergipe and the Federal Agrotechnical School of St. Kitts; and
XXXVIII -Federal Institute of the Tocantins, upon integration of the Federal Technical School of Palmas and the Federal Agrotechnical School of Araguatins.
§ 1o The localities where the redesign of the Federal Institutes will be constituted are listed in Annex I of this Act.
§ 2o The teaching unit that makes up the organizational structure of institution transformed or integrated into Federal Institute passes automatically, regardless of any formality, to the campus condition of the new institution.
§ 3o The relationship of Technical Schools Linked to Federal Universities that go on to integrate the Federal Institutes is listed in Annex II of this Law.
§ 4o The Technical Schools Linked to the Federal Universities not mentioned in the composition of the Federal Institutes, as per the constant relation of Annex III to this Act, may, upon approval by the Higher Council of its respective federal university, propose to the Ministry of Education the membership of the Federal Institute that is constituted on the same territorial basis.
§ 5o The relationship of the campuses that will integrate each of the Federal Institutes created under this Act will be established in act of the Minister of State for Education.
Section II
Das Purposes and Characteristics of the Federal Institutes
Art. 6o Os Federal Institutes have for purposes and characteristics:
I-offer professional education and technological, in all its levels and modalities, forming and qualifying citizens with views in professional acting in the diverse sectors of the economy, with an emphasis on local, regional and national socio-economic development;
II-develop vocational and technological education as an educational and investigative process of generation and adaptation of technical and technological solutions to the social demands and regional peculiarities;
III-promoting the integration and verticalization of basic education to vocational education and higher education, optimizing physical infrastructure, personnel frameworks, and the management resources;
IV-orient its formative offering for the benefit of consolidation and strengthening of local productive, social and cultural arrangements, identified on the basis of mapping the potentials of socio-economic and cultural development within the framework of acting of the Federal Institute;
V-constitute at the centre of excellence in the provision of science teaching, in general, and of applied sciences, in particular, stimulating the development of critical spirit, aimed at empirical research;
VI-qualify as a reference centre in support of the provision of science education in public educational institutions, offering technical capacity-building and pedagogical update to the lecturers of public education networks;
VII-develop extension and de- scientific and technological dissemination;
VIII-carry out and stimulate applied research, the cultural production, entrepreneurship, cooperativism, and scientific and technological development;
IX-promoting the production, development and transfer of social technologies, notably those aimed at the preservation of the environment.
Section III
From the Goals of the Federal Institutes
Art. 7o Observed the purposes and characteristics set out in the art. 6o of this Law, are objectives of the Federal Institutes:
I-provide education middle-level technical professional, as a matter of priority in the form of integrated courses, for the finishing of the fundamental education and for the public of the education of young people and adults;
II-provide courses of initial and continued training of workers, objectivating empowerment, enhancement, the specialization and upgrading of professionals, at all levels of schooling, in the areas of vocational and technological education;
III-carry out applied research, stimulating the development of technical and technological solutions, extending its benefits to the community;
IV-develop extension activities in accordance with the principles and purposes of vocational education and technological, in articulation with the world of work and the social segments, and with an emphasis on the production, development and diffusion of scientific and technological knowledge;
V-stimulate and support educational processes that lead to the generation of work and income and the emancipation of the citizen in the perspective of local and regional socio-economic development; and
VI-delivered at the level of higher education:
a) higher technology courses aiming at the training of professionals for the different sectors of the economy;
b) undergraduate courses as well as programs special pedagogical training, with views in teacher training for basic education, not least in the areas of sciences and mathematics, and for vocational education;
c) bachelor's degree and engineering courses, aiming at the training of professionals for the different sectors of the economy and areas of knowledge;
d) postgraduate courses lato sensu of improvement and specialization, aiming at the training of specialists in the different areas of knowledge; and
e) postgraduate courses stricto sensu of master's and doctorate, which contribute to promoting the establishment of solid foundations in education, science and technology, with views in the process of generation and technological innovation.
Art. 8o In the development of the your academic action, the Federal Institute, in each exercise, should ensure the minimum of 50% (fifty per cent) of its vacancies to meet the goals set in the inciso I of the art caput. 7o of this Act, and the minimum of 20% (twenty percent) of its vacancies to meet the one provided for in paragraph b of the inciso VI of the caput of the cited art. 7o.
§ 1o The fulfilment of the percentage referred to in the caput should observe the concept of the student-equivalent, as regulation to be expedited by the Ministry of Education.
§ 2o In the regions where social demands for training at the top level justify, the Higher Council of the Federal Institute may, with an annuence of the Ministry of Education, authorize the adjustment of the offer of this level of teaching, without prejudice to the index set out in the caput of this article, to meet the objectives set out in the inciso I of the art caput. 7o of this Law.
Section IV
From the Organizational Structure of the Federal Institutes
Art. 9o Each Federal Institute is organized into multicampi structure, with annual budget proposal identified for each campus and the rectory, except in what concerns staff, social charges and benefits to the servers.
Art. 10. The administration of the Federal Institutes will have as senior bodies the College of Leaders and the Superior Council.
§ 1o The presidencies of the College of Leaders and the Higher Council will be exerted by the Rector of the Federal Institute.
§ 2o The College of Leaders, of advisory character, will be composed of the Rector, the Pro-Rectors and the Director General of each of the campuses that integrate the Federal Institute.
§ 3o O Superior Council, of advisory and deliberative character, will be composed of representatives of the lecturers, students, technical-administrative servers, egresses of the institution, civil society, the Ministry of Education and the College of Leaders of the Federal Institute, ensuring the parity representation of the segments that make up the scholarly community.
§ 4o The statute of the Federal Institute will have on the structuring, competences and operating standards of the College of Leaders and the Higher Council.
Art. 11. The Federal Institutes will have as an executive body the rectory, made up of 1 (one) Rector and 5 (five) Pro-Rectors.
§ 1the Powers will be named Next-Rectors the effective post office servers of the career teaching or effective job of higher level of the career of the technical-administrative of the Career Plan of the Technical-Administrative Cargos in Education, provided that they possess the minimum of 5 (five) years of effective exercise in federal vocational and technological education institution.
§ 2o The rectory, as a central governing body, could be installed in Distinct physical space of any of the campuses that integrate the Federal Institute, provided that it is envisaged in its statute and approved by the Ministry of Education.
Art. 12. The Rectors will be appointed by the President of the Republic, for term of 4 (four) years, permitted a redrive, after process of consultation with the school community of the respective Federal Institute, by assigning the weight of 1/3 (one third) for the manifestation of the faculty, from 1/3 (one third) to the manifestation of the technical-administrative servers and from 1/3 (one third) to the manifestation of the student body.
§ 1o Might apply for the post of Rector the lecturers belonging to the Permanent Active Personnel Framework of any of the campuses that integrate the Federal Institute, provided that they possess the minimum of 5 (five) years of effective exercise in federal vocational and technological education institution and who meet at least one of the following requirements:
I-owning the title of doctor; or
II-be positioned in the DIV or DV Classes of the Teaching Laboratory of Basic, Technical and Technological Education, or in the Class of Associate Professor of the Higher Mystery Career.
§ 2o O mandate of Rector extinguish by the course of the term or, prior to that deadline, by retirement, voluntary or compulsory, by the resignation and removal or vacancy of the office.
§ 3o The Pro-Rectors are appointed by the Rector of the Federal Institute, pursuant to the applicable law to the appointment of directing positions.
Art. 13. The campuses will be directed by Directors-General, appointed by the Rector for term of 4 (four) years, allowed a redrive, after process of consultation with the respective campus community, assigning the weight of 1/3 (one third) for the manifestation of the faculty, from 1/3 (one third) to the manifestation of the technical-administrative servers and from 1/3 (one third) to the manifestation of the student body.
§ 1the Powerful candidate to apply for the post of the campus Director-General of the campus the effective post office of the teaching career or the effective top level job title of the career of the technical-administrative staff of the Career Plan of the Technical-Administrative Cargoes in Education, provided that they possess the minimum of 5 (five) years of effective exercise in federal vocational and technological education institution and that they are enquirked in at least one of the following situations:
I-fulfill the required requirements for the application for the post of Rector of the Federal Institute;
II-possess the minimum of 2 (two) years of exercise in office or managerial function at the institution; or
III-have concluded, with taking advantage, training course for the exercise of office or managerial function in public administration institutions.
§ 2o The Ministry of Education will expedite complimentary standards available on the recognition, validation and regular offer of the courses of which it treats the inciso III of the § 1o of this article.
CHAPTER III
GENERAL AND TRANSITORY PROVISIONS
Art. 14. The Director General of institution transformed or integrated into the Federal Institute appointed for the post of Rector of the new institution will exercise that post until the end of his ongoing tenure and in pro tempore character, with the incumbency of promoting, in the maximum term of 180 (one hundred and eighty) days, the drafting and forwarding to the Ministry of Education of the proposed status and institutional development plan of the Federal Institute, ensured the participation of the academic community in the construction of the said instruments.
§ 1o The Directors-General of the institutions transformed into a campus of Federal Institute exercise, until the end of its tenure and in pro tempore character, the post of the Director-General of the respective campus.
§ 2o On the campuses in the process of implantation, the posts of Director-General will be providedin character pro tempore, by appointment of the Rector of the Federal Institute, until it is possible to identify candidates who meet the requirements set out in § 1o of the art. 13 of this Act.
§ 3o The Director-General appointed to the post of Rector Pro-Tempore of the Federal Institute, or Director-General Pro-Tempore of the Campus, will not be able to apply for a new term, provided that it is already in the exercise of the second term, in observance of the maximum allowable investiture limit, which are 2 (two) consecutive mandates.
Art. 15. The creation of new federal professional and technological education institutions, as well as the expansion of existing institutions, will take into account the model of the Federal Institute, further observing the parameters and standards set by the Ministry of Education.
Art. 16. They stay redistributed to the Federal Institutes created pursuant to this Act all the posts and functions, occupied and vacant, belonging to the personnel cadres of the respective institutions that integrate them.
§ 1o All servers and employees will be kept in their current lotion, except for those who are designated by the top administration of each Federal Institute to integrate the Reitoria's personnel framework.
§ 2o The changing of server lotion between different campuses of a same Federal Institute should observe the institute of the removal, in the terms of the art. 36 of Law no 8,112, of December 11, 1990.
Art. 17. The patrimony of each of the new Federal Institutes will be constituted:
I-by the goods and rights that make up the patrimony of each of the institutions that integrate it, which are automatically transferred, without reservation or conditions, to the new ente;
II-by the goods and rights that come to acquire;
III-by the donations or legacies it receives; and
IV-by incorporations that result from services by it carried out.
Paragraph single. The goods and rights of the Federal Institute will be used or applied, exclusively, for the achievement of its objectives, and may not be disposed of unless in the cases and conditions permitted under law.
Art. 18. The Federal Centres for Technological Education Celso Suckow of Fonseca CEFET-RJ and of Minas Gerais-CEFET-MG, not inserted in the redesign that it treats art. 5o of this Law, remain as municipal entities linked to the Ministry of Education, setting themselves up as pluricurricular higher education institutions, specializing in the provision of technological education at the different levels and modalities of teaching, characterizing for priority acting in the technological area, in the form of the legislation.
Art. 19. The arts. 1o, 2o, 4o and 5o of the Law no 11,740, of July 16, 2008, go on to invigorate with the following changes:
?Art. 1o Ficam created, within the framework of the Ministry of Education, for redistribution to federal institutions of vocational and technological education:
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?Art. 2o Ficam created, within the framework of the Ministry of Education, for allocation to federal professional and technological education institutions, the following positions in committee and the following gratified functions:
I-38 (thirty-eight) posts of direction-CD-1;
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IV-508 (five hundred and eight) posts of direction-CD-4;
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VI-2,139 (two thousand, one thousand, and thirty-nine) Gratified functions-FG-2.
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?Art. 4o Ficam created, within the framework of the Ministry of Education, for redistribution to federal higher education institutions, in the terms of act of the Minister of State for Education, the following posts:
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?Art. 5o Ficam created, within the framework of the Ministry of Education, for allocation to federal higher education institutions, in the terms of act of the Minister of State for Education, the following Directing Cargos-CD and Gratified Functions-FG:
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Art. 20. This Law comes into effect on the date of its publication.
Brasilia, December 29, 2008; 187o of Independence and 120o of the Republic.
LUIZ INACIO LULA DA SILVA
Fernando Haddad
Paulo Bernardo Silva
