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Decree No. 5780 Of 19 May 2006

Original Language Title: Decreto nº 5.780, de 19 de Maio de 2006

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DECREE NO. 5,780, OF May 19, 2006.

Disposes on budget and financial programming and sets out the monthly disbursement schedule of the Executive Power for the 2006 financial year, and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 8th, caput, 9th and 13 of the Supplemental Law no 101, of May 4, 2000 as well as in the arts. 75 and 76 of the Law no 11,178, of September 20, 2005,

DECRETA:

Art. 1º The organs, the funds and the entities of the Executive Power, members of the Fiscal Budgets and Social Security, will be able to engage in the budget allocations passed in the Act no 11,306 of May 16, 2006, observed the values made available in Annex I of this Decree.

§ 1º Do not apply the willing in the caput to the relative budgetary allocations:

I-to the expense groups:

a)? 1-Personnel and Social Charges?;

b)? 2-Interest and Charges of the Debt?; and

c)? 6-Amortization of the Debt?;

II-to the financial expenses, related in Annex VI of this Decree;

III-to the resources of donations; and

IV-to the expenditure constituting constitutional or legal obligations of the Union, related in Section I of Annex V of the Act no 11,178, of September 20, 2005, non-constants of the Annex VII of this Decree.

§ 2º The schedules of the Project-Pilot of Investments, thus identified in the Budget Law and in their additional credits, will only be able to be engaged after manifestation of the State Ministers of Planning, Budget and Management and of the Finance.

§ 3º The supplementary and special credits that appear to be open in this exercise, as well as the additional credits reopened as of the date of publication of this Decree, relating to the expense groups?Other Current Expenses?,?Investments? e?Financial inversions?, re-saved the exclusions that it treats § 1º of this article, will have its execution conditional on the values made available for commitment and payment.

Art. 2º The use of the values made available for commitment to which art is referred. 1st should consider the need for full fulfillment of the following expenses in the current exercise:

I-Fuels and Lubricants;

II-Temporary hiring;

III-Expense of Teleprocessing;

IV-Location of Real Estate;

V-Location of Machines and Equipment;

VI-Maintenance and Conservation of Real Estate;

VII-Maintenance and the Conservation of Equipment;

VIII-Other Mouse Places;

IX-Banking Services;

X-Water Services and Sewage;

XXI-Communication Services in General;

XII-Services of Copies and Document Reproduction;

XIII-Electrical energy services;

XIV-Cleaning and Conservation Services;

XV-Data Processing Services;

XVI-Telecommunication Services;

XVII-Ostensible Surveillance; and

XVIII-Budget actions:

a)? 2004-Medical and Odontological Assistance to Servers, Employees, and their Dependents?;

b)? 2010-Pre-School Assistance to the Dependents of Servers and Employees?.

c)? 2833-Pre-School Assistance to the Dependents of the Servers of Extinal States and Territories?; and

d)? 6011-Medical and Odontological Assistance to the Servers, Employees and their Dependents of the Extincts States and Territories?.

§ First the organs, funds and entities referred to in the art. 1st should refer to the Federal Budget Office of the Ministry of Planning, Budget and Management, until June 15 of this exercise, demonstrative of the schedule of the expenses of which it treats this article, detailing the achievement in the first quadrimaster and the prediction for each of the following quadrimasters.

§ 2nd For effect of the provisions of Paragraph of this Article shall be deemed to be the expenditure of competence of the respective quadrimasters, regardless of the month in which the commitment, liquidation or payment occurs.

Art. 3rd The committed pains, regardless of the type of expense to be met, will explain the schedule of settlement of the expense.

Art. 4th The payment of expenses in the financial year 2006, inclusive of the Remains a Paying of previous exercises, is allowed up to the constant amount of Annex II of this Decree.

§ 1st Excludes the amount provided for in the caput the related appropriations in the art. 1st, § 1st, incisies I to III, of this Decree, and the expenditure constituting constitutional or legal obligations of the Union of which it treats Section I of Annex V of the Act No 11,178, of 2005, non-constants of Annex VII of this Decree.

§ 2nd For effect of the fulfillment of the willing on the caput, they will be considered:

I-the bank orders issued in the Integrated Financial Administration System of the Federal Government-SIAFI in 2005, whose serve on the sole account of the National Treasury held at the Central Bank of Brazil took effect in the financial year 2006;

II-the bank orders of payments between organs and integral entities of SIAFI (Intra-SIAFI) issued in 2006;

III-the issuance of Federal Revenue Collection-DARF, Social Security Recreation Guide- GPS, Union Recreation Guide-GRU, Revenue Document of States and / or Municipalities-DAR, Salarium Guide-Education-GSE, FGTS Recreation Guide and Social Security Information-GFIP, in any modality, in SIAFI;

IV-payments effected directly abroad, including those pertaining to operations carried out with resources from international financial bodies, observed the provisions of the art. 11 of this Decree;

V-the acquisitions of goods and services carried out upon operations of internal or external credit, having by reference the date of registration in the Integrated Foreign Trade System-SISCOMEX, which is expected to be the same accounting date in SIAFI; and

VI-other forms of payment that come to be used.

§ 3rd In the cases of decentralization of budget credits, the corresponding financial limit will be equally decentralized and, addressing expenditure on the account of resources released by the National Treasury Board Secretariat of the Ministry of Finance, it will be up to the devolved body to effectuate the correspondent financial repass.

§ 4th The payment of the Remains to Paying as per ascertained position at SIAFI on April 30 of 2006, included in the limits of which it treats the caput, should additionally framing in the monthly schedules of Remains a processed and unprocessed Paying of which treat Annexes III and IV of this Decree.

§ 5th The timetables referred to in § 4th will be able to be changed in act of the National Treasury Board Secretariat of the Ministry of Farm upon request from the respective sectoral body of the Federal Financial Administration System.

Art. 5th Observed the exclusions of which it treats the § 1st art. 4th of this Decree, the releases of resources from the National Treasury to the organs of the Executive Power will have as a parameter the monthly values set out in Annex II of this Decree, the availabilities of resources, as well as the withdrawal limit and the payment effective of each organ.

§ 1st The payment of expenditure of the exercise and Remains to Pay, arising from credits decentralized budgeting, will be computed in the devolved body.

§ 2nd The Registry of the National Treasury may require from the sectoral bodies of the Federal Financial Administration System the transfer or return of excess financial balances in the units, having by reference the parameters set out in the caput.

§ 3rd A release of financial resources for the payment of the related expenses in Annex VI of this Decree, marked with indicative of financial flow control, is expected to suit the financial programming of the National Treasury.

Art. 6th The commitment and payment of expenditure to the account of own revenues, sources 150, 180, 250 and 280, will only be able to occur up to the amount of the constant reestimate of the Integrated Budget Data System-SIDOR elaborated based on the revenue data recorded in SIAFI and the trend of the exercise, respected budget allocations approved and the values made available for movement and commitment.

Art. 7th The sectoral bodies of the Federal Financial Administration System, observed the constant exclusions of the § 1st art. 4th of this Decree, will establish for its budget units and gestures, until the May 31, 2006, the monthly limits for payment, evidencing separately the schedule of the Remains to Paying processed and unprocessed.

§ 1st The limits provided in this article should be established in a manner compatible with the values of payment authorized monthly, set out in Annex II of this Decree, and with the respective timetables relating to the Remains to Paying processed and unprocessed, established in Annexes III and IV.

§ 2nd The transfer of financial resources, of which it treats this Decree, by the setorial bodies of the System of Federal Financial Administration to its managing units, and of these to other integral units of the Fiscal Budget and Social Security receivership receivership, will be conditional on the settlement of the respective commitment, except in cases where the characteristics of the financial execution require the prior transfer of the resources, and shall have as parameters the limits of which it treats the caput and the availabilities of resources in the respective subordinate units.

§ 3rd Stay vetted the transfer of financial resources from which it treats this Decree to the gestural units that surpass the payment limit to them established, while endure the situation of excess payments.

§ 4th The sectoral bodies of the Federal Financial Administration System will be able to apply of its units linked to the transfer or return of excess financial balances, having by reference the parameters set out in § 2nd of this article.

Art. 8th The sectoral bodies of Planning and Federal Budget and Federal Financial Administration Systems are expected to set and inform the National Treasury Board Secretariat, until May 31, 2006, the limits of movement and commitment and the monthly payment schedule of each of the projects or purchases of goods or services financed with external resources, inclusive of the national counterpart or the signal of the operation, when it is the case.

§ First The values referred to in the caput should be set from the limits set in the art. 7th of this Decree.

§ 2nd The procedures for fulfilment of the established in the caput should follow the definitions of the central organ of the Federal Financial Administration System.

§ 3rd The changes in the limits and the timeframe of which it treats this article should be informed to the Office of the National Treasury in advance to the implementation of the expenditure.

§ 4th The non-compliance of the provisions in this article could enact the suspension of the release of the corresponding financial resources.

Art. 9th The leaders of the sectoral bodies of Planning Systems and of Federal and Federal Financial Administration budget and the spending payers should note, for projects financed with external resources and national counterpart, inclusive of the funded import of goods and services, the definitions of the central body of the Federal Financial Administration System.

Art. 10. Within each organ, the corresponding budgetary and financial implementation of each project financed with external resources and counterpart, inclusive of the financed import of goods and services, is to be registered in the SIAFI, in the gestures unit created exclusively for this purpose.

Single paragraph. The willing in the caput does not see the creation of more than one gestures unit for each project, should it be of interest to the central organ of the Federal Financial Administration System.

Art. 11. It is vetoed the payment of expenses under the projects financed with resources from international bodies or foreign government agencies, by drawing direct abroad, owing to all financial moves being carried out by means of SIAFI, in the form regulated by the Ministry of the Farm.

Single Paragraph. It may be admitted, in exceptional character and since authorized by the Ministry of Finance's National Treasury Board Secretariat, the overseas direct withdrawal for payment of expenses financed by non-refundable financial contributions.

Art. 12. The Ministers of State for Planning, Budget and Management and Finance will be able to:

I- upon inter-ministerial porterie:

a) detailing the values set out in Annex I by quadrimaster, categories of expenditure and groups of resource sources, and those of Annex II by resource-source groups, as well as setting standards, procedures and criteria for disciplining the budget execution of the exercise;

b) broaden the values made available for the related budgetary bodies and units in the Attachment II of this Decree, up to the amount of R$ 5,600,000,000.00 (five billion and six hundred million reais); and

c) constitute reserve of up to four per cent of the amount authorised for movement and commitment, constant of Annex I of this Decree, as well as redistributing it between the organs and budget units listed in the said Annex;

II-within the framework of their competences, proceed to the reshuffling or adjustment of the values made available in the form of the Annexes to which the arts refer. 1st and 4th of this Decree and of the respective details of which it deals with (? a? of the inciso I of this article.

Single paragraph. The magnification referred to in point (b) of the inciso I of this article will be carried out in accordance with the details set out in the form of the paragraph? a? of the aforementioned inciso I.

Art. 13. The salary sheet of all the administrative units of a same member budgetary unit of the Integrated Human Resource Administration System-SIAPE will have its budgetary and financial implementation registered in the SIAFI in a single unit gestures.

§ First is provided for the use of a same gestures unit for the execution of the salary sheet of more than one budget unit.

§ 2nd The gestures unit will stay responsible for the classification and accounting record of the expense referred to in the caput in compliance with the launches of the paying unit in the SIAPE.

§ 3rd The paying unit of SIAPE is responsible for the integrity and suitability of wage sheet launches.

§ 4th The payment of the expenditure of the organs of the Executive Power, in the financial year 2006, classified in the group? 1- Personnel and Social Charges?, is limited, in each month, to the schedule set out in Annex V of this Decree.

§ 5th Havendo need for broadening of the values set out in Annex V of this Decree, the sectoral bodies of the Planning and Federal Budget and Administration Systems Financial should, in advance of thirty days ' time of the payment of the group's expenses? 1-Personnel and Social Charge?, submit adjusted schedule to the National Treasury Board Secretariat of the Ministry of Finance, which will suit Annex V and the would republish by means of poring, including on the grounds of the opening of additional credits.

Art. 14. The quadrimestral targets for the primary result, as well as the demonstration of their compatibility with the amounts for payment, in accordance with the Act no 11,178, of 2005, appear in Annex XI of this Decree.

Art. 15 .As a result of the provisions of this Decree, it becomes vetted to the organs, funds, and entities of the Power Executive, constants of the Fiscal Budgets and Social Security of the Union, according to art. 167, inciso II, of the Constitution, and with the art. 73 of the Decree-Law no 200 of February 25, 1967, the realization of expenditure or the assumption of commitments that are not compatible with the amounts made available and with the timetables set forth therein.

Art. 16. The bodies and budgetary units of the Executive Power, constant in the Fiscal Budgets and Social Security of the Union, will only be able to engage in budget allocations until December 15, 2006.

§ First Observed the willing in the caput, the endeavors will be limited to the expenses whose contracts, congeniuses or instruments congeners can be formalized until December 31, 2006.

§ 2nd The restrictions provided in this article shall not apply to the expenditure constituting constitutional or legal obligations of the Union, relating in Section I of Annex V to the Act in 11,178, 2005, and to those arising from the opening of extraordinary claims.

§ 3rd The Minister of State for Planning, Budget and Management will be able to extend, until December 31 of 2006, the deadline set out in the caput for the fulfillment of expenses not provided for in § 2nd of this article.

Art. 17. It is vetoed the transfer of resources to public companies or mixed-economy societies under Union control for capital increase, regardless of the existence of budget resources, except as expressed and previously authorized by the President of the Republic, in decree, in the terms of art. 4th of the Decree-Law no 1,678 of February 22, 1979 regarding the appropriations of the financial year, after technical pronouncement by the Ministry of Finance and the Ministry of Planning, Budget and Management.

Art. 18. The proposals to open additional credits for the attendance of primary current expenses, set out in Annex I of this Decree, should contain cancellation of expenses of the same nature under the proposing body.

Paragraph single. It is the Minister of State for Planning, Budget and Management authorized to make compensatory adjustments in the detailing of the limits set out in Annex I, on the grounds of the opening of the credits mentioned in the caput.

Art. 19. Without prejudice to the provisions of the art. 18 of this Decree, the organs, funds and entities to which the art relates. 1st of this Decree should inform the Federal Budget Office of the Ministry of Planning, Budget and Management, until September 15 of this financial year, the budgetary allocations unavailable for movement and commitment, relating to expenditure primary currents, for the purposes of the fulfilment of the provisions of § 3rd of the art. 2nd of the Law no 11,178, of 2005, as well as those concerning investments and financial inversions.

Art. 20. The related bodies and budgetary units in Annex XII of this Decree are to submit to the Ministry of Planning, Budget and Management by May 31, 2006, proposal of the selected schedules among the priorities set out in the Annex I of the Law no 11,178, of 2005, specifying execution schedule, by action, compatible with the detailing fixed in the form of the art. 12, inciso I, paragraph? a?, of this Decree.

Single paragraph. The values of which it treats Annex XII referred to in the caput are contained in Annex I of this Decree.

Art. 21. In the terms of § 2nd of the art. 42 of the Act in 11,178, 2005, is vetoed to carry out budgetary, financial and equity management acts under the SIAFI, after the December 31, 2006, except for the purposes of ascertaining the result, which are expected to occur by day 30 of January 2007.

Art. 22. The Ministers of State, Secretaries of organs of the Presidency of the Republic, leaders of the sectoral bodies of the Federal Planning and Budget Systems and Financial Administration and Expenditure Ordinators are responsible for the observance of compliance with all the legal provisions applicable to the matter, especially of the Law no 4,320 of March 17, 1964, of the Laws in the 10,933, of August 11, 2004, and 11,178, of 2005, these, in particular, as to the arts. 5th, § 2nd, and 102, respectively, and the Supplemental Act no 101, of May 4, 2000.

Art. 23. To the Controller-General of the Union and to the other integral bodies of the Internal Control System of the Federal Executive Power it is incumbent to ensure compliance with the provisions of this Decree, as well as to hold the leaders and the servers to be accountable to them acts at odds with the provisions therein.

Art. 24. The Ministers of State for Planning, Budget and Management and of the Finance, within their respective powers, shall adopt the necessary arrangements for the implementation of the provisions of this Decree.

Art. 25. The targets set out in Annexes VIII, IX and X of this Decree, containing:

I-Annex VIII-Fundraising / Forecast of the Federal Revenue-2006-Net of Refunds and Fiscal Incentives, pursuant to the inciso II of § 1st Art. 75 of the Law no 11,178, 2005;

II-Annex IX-Forecast Revenue from the Central Government- 2006-Revenue Per Resource Source, pursuant to the inciso II of § 1st Art. 75 of the Law no 11,178, of 2005; and

III-Annex X-Primary Resuption of State Enterprises Feds, in the terms of the inciso V of the § 1st Art. 75 of the Act in the 11,178, from 2005.

Art. 26. This Decree comes into effect on the date of its publication.

Brasilia, May 19, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Paulo Bernardo Silva