Decree No. 6246, 24 OCTOBER 2007.
Creates the communication-Brazil Company EBC, approves its Statute and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and in view of the provisions of the provisional measure in 398, of 10 October 2007, DECREES: Art. 1 Is created the company Brazil-EBC, federal public company, linked to Social communication Secretariat of the Presidency of the Republic.
Art. 2 the initial Constitution of the social capital of the EBC shall be pursuant to the authorization contained in art. 5, combined with paragraph 1 of art. 9th provisional measure in 398, of 10 October 2007, with the transfer, by the Union of R$ 20,000,000.00 (twenty million reais) budgetary appropriations for the support of public broadcasting services operation.
Art. 3 the role of the representative of the Union of the art. 10 the provisional measure in 398, 2007, will be considered relevant public interest, unpaid.
Art. 4 Is approved the Bylaws of the EBC, in accordance with the Annex of this Decree.
Art. 5 this Decree shall enter into force on the date of its publication.
Brasília, October 24 2007; the 1860s and 119 of the Republic.
LUIZ INACIO LULA DA SILVA Guido Mantega Paulo Bernardo Silva Franklin Martins this text does not replace that published in the ANNEX CHAPTER I of 25.10.2007 DESIGNATION, NATURE, duration and HEADQUARTERS Art. 1st the company BRASIL-EBC is a public company, organized in the form of closed joint stock company, linked to Social communication Secretariat of the Presidency of the Republic.
§ 1 the period of duration of the company is indeterminate.
§ 2 the EBC has its headquarters and venue in Rio de Janeiro, with operations throughout the national territory, and central office in the city of Brasilia, and may install offices, facilities and centres of production and broadcasting in any location.
CHAPTER II of the PURPOSE, principles, objectives and competencies Art. 2 the EBC aims at the provision of public broadcasting services and related services, with observing the following principles: (I)-complementarity between the private, public and State systems;
II. promotion of access to information through the plurality of sources and content distribution;
III-production and programming with educational purposes, artistic, cultural, scientific and informative;
IV-promotion of national culture, encouraging regional production and independent production;
V-autonomy in relation to the Federal Government to set production, programming and distribution of content in the public broadcasting system; and civil society participation in the control of the application of the principles of the public broadcasting system, respecting the diversity of the brazilian society.
Art. 3 Are goals of the EBC: I-offer mechanisms for public debate about issues of national and international relevance;
II-to develop the critical conscience of citizens through educational programming, artistic, cultural, informative, scientific and promoter of citizenship;
III-to foster the construction of citizenship, democracy and participation in society, ensuring the right to information of the citizen;
IV-cooperate with educational and training processes of the citizen;
V-support processes of social inclusion and socialization of knowledge production through providing spaces for display of content produced by the various social groups and regions;
I saw you get excellence in content and languages and develop creative and innovative formats, being in centre of innovation and talent training;
VII-direct production and programming for educational purposes, artistic, cultural, scientific, informational and promoting citizenship, without removing your competitive character in the pursuit of the interests of the largest number of listeners or viewers; and VIII-promote partnerships and promote national audiovisual production, contributing to the expansion of their production and dissemination.
Art. 4 To carry out its purpose, the EBC: I-deploy and operate the networks and explore the public broadcasting and services of sounds and images of the Federal Government;
II-deploy and operate their own networks and broadcasting relay repetition, exploring their services;
III. establish cooperation and collaboration with public or private entities which exploit the public broadcasting service, through agreements or other settings, with a view to the formation of a National Network of public communication;
IV-produce and disseminate informative programming, educational, artistic, scientific, cultural, citizenship and recreation;
V-to promote and stimulate the formation and the training of specialized personnel, required for broadcasting activities, communication and related services;
I saw service in the field of broadcasting, communication and related services, including the transmission of acts and matters of the Federal Government;
VII-distribute legal advertising agencies and entities of the federal administration, except that conveyed by the official organs of the Union; and VIII-exercise related activities assigned to it by the Secretariat of Social Communication of the Presidency of the Republic or by its Board of Trustees.
Sole paragraph. For the purposes of the provisions of section VII of the caput, ' how cool advertising the publication of notices, swings, and other reports that the organs and entities of the federal administration are required by law or regulation.
CHAPTER III of the CAPITAL and of SHARES Art. 5 the social capital of the EBC is 200,000,000.00 R$ (200 million dollars), divided into 200,000 common shares and no par value.
§ 1 Each common share gives the holder the right to vote in decisions of the General Assembly.
§ 2 the price, the conditions for issuance, subscription and payment of shares will be established by the General Assembly.
§ 3 The shareholders will have the right of first refusal on new shares, subscription when your issuance and placement, in proportion to the number of shares they own.
Art. 6 the share capital may be increased by the capitalisation of resources that shareholders are to this end, as well as through the incorporation of assets and rights and in other cases provided for in the legislation, upon prior approval of the General Assembly.
§ 1 the increases of the share capital shall be authorized by the General Assembly, on the proposal of the administrators of the EBC, heard the Fiscal Council.
§ 2 in the case of § 1, the General Assembly shall fix the conditions of subscription and payment of the share capital, as well as will deliberate on the number of shares to be issued.
§ 3 On the resources transferred by the Union for the purpose of capital increase of EBC, will cover financial costs in the form of legislation, since the day of the transfer until the date of capitalisation.
Art. 7th May be shareholders of EBC indirect federal administration entities, States, the Federal District and the municipalities as well as their indirect administration entities.
Sole paragraph. The participation of the caput may be accomplished by transferring to the patrimony of the EBC, of goods representing the holdings of broadcasting stations from your property or other goods required and useful for their operation.
CHAPTER IV FINANCIAL RESOURCES Art. 8. The features of the EBC will be comprised of: (I) revenue-budgetary appropriations;
II-the exploitation of public broadcasting services;
III-services to public or private entities, content distribution, programming models, licensing of trademarks and products and other activities inherent to the communication;
IV-donations, bequests, grants and other resources which are designed for individuals or legal entities governed by public or private law;
V-institutional advertising entities governed by public law and private law, the title of cultural support, granted the sponsorship of programs, events and projects;
VI-institutional advertising entities of public law and private law, focused programs, events and public utility projects, promote citizenship and social or environmental responsibility;
VII-the distribution of legal advertising agencies and entities of the federal public administration, in accordance with the provisions of the sole paragraph of art. 4th;
VIII-of resources obtained in the systems set up by the laws on 8313, of 28 December 1991, 8685 of 20 July 1993, and 11437, of 28 December 2006;
IX-resources from agreements and covenants to perform with national and international entities, public or private;
X-income investments that perform; and XI-incomes from other sources.
Chapter V of the GENERAL ASSEMBLY. 9. The general shareholders ' meeting shall be convened by a resolution of the Board of directors or, in the cases permitted by law, by the Chief Executive Officer, the Supervisory Board or by group of shareholders by shareholder alone.
§ 1 the General Assembly shall meet ordinarily, once a year, within the first four months after the end of the fiscal year and, extraordinarily, whenever you do need, convened by the Board of Directors.
§ 2 the work of the General Assembly will be addressed by the President of the Board of Directors of EBC, by his replacement, or, in the absence or impediment, by one of the shareholders or the company's administrator present, chosen by shareholders.
§ 3 the General Assembly can only deliberate about the issues on the agenda in the respective call notice, which should contain only specific themes, and their decisions shall be taken by majority vote.
Art. 10. in addition to the powers set out in law, especially to the General Assembly: (I) – reform the staff regulations for the approval of the President of the Republic;
II-take annually the management's accounts and deliberate on the financial statements presented;
III – resolve on the allocation of profit or loss for the financial year, on the distribution of dividends and the payment of interest on capital;
IV. deliberate about the evaluation of goods with which the shareholder running for the social capital;
V-deliberate on the Division, merger or incorporation of the EBC, its dissolution and liquidation, as well as elect and dismiss the liquidator and judge their accounts;
VI-resolving on the transformation of the EBC;
VII-to authorize the exchange of shares or other securities issued by the EBC;
VIII-fix remuneration of the members of the Management Board, the Executive Board and Supervisory Board; and IX-decide on other issues which are proposed.
CHAPTER VI administration and ORGANIZATION of the EBC Art. 11. Are management bodies: the Board of Directors; and (II)-the Board of Executive Directors.
Sole paragraph. The internal organizational structure of the EBC and the functions of the technical areas that compose it are defined in internal regulations drawn up by the Executive Board and approved by the Board of Directors.
Art. 12. The directors shall be integrated by Brazilians with notorious knowledge, including on corporate governance best practices, experience, moral probity, spotless reputation and technical capacity compatible with the position, all residents in the country.
Sole paragraph. The members of the Executive Board should have a minimum of three years professional experience in their respective areas of expertise.
Art. 13. May not participate in the management bodies, as well as prevented by law: I – the holding or control relevant participation in the share capital of legal entity breaches the company or which have caused injury hasn't compensated, extending this impediment to having occupied position of Directors in legal person in this situation, in the fiscal year immediately preceding the date of election or appointment;
II-the that there been convicted of bankruptcy crime, tax evasion, prevarication, active or passive corruption, concussion, of embezzlement, against the popular economy, against the public faith, against the property or that there's been convicted criminal penalty to seal, even if temporarily, the access to public offices;
III-the declared disqualified to administration positions in companies subject to authorisation, control and supervision of organs and entities of the direct and indirect public administration;
IV-the declared bankrupt or insolvent;
V-the ones who stopped the control or participated in the management of legal person concordatária, bankrupt or insolvent, the period of five years preceding the date of election or appointment, except in Super condition, Commissioner or a court administrator;
VI-partner, ascendant, descendant or collateral relative or similar, until the third grade, as a member of the Board of directors or the Executive Board;
VII-those who occupy positions in companies that may be considered competitors in the market, especially in advisory boards, or tax administration, unless exemption from the General Assembly; and VIII-those that have an interest conflicting with that of the company, unless exemption from the General Assembly.
§ 1 the members of the management bodies is forbidden to intervene in operation where, directly or indirectly, be concerned that companies hold the control or participation more than 5% of the share capital.
§ 2 the impediment referred to in § 1 shall apply also in the case of company occupying or having occupied, in period immediately prior to the investiture in the EBC, management position.
CHAPTER VII of the BOARD of DIRECTORS Art. 14. The Board of Directors shall be composed of: (I)-by a member nominated by the Minister of State Chief of the Secretariat of Social Communication of the Presidency of the Republic, who shall exercise the Presidency of the Board;
II-by the Chief Executive Officer;
III-by a member nominated by the Minister of State for planning, budgeting and management;
IV-by a member nominated by the Minister of State for communications; and V-by a member appointed by the minority shareholders, and, in the absence of these, a member nominated by the Minister of State, Chief of the Secretariat of Social Communication of the Presidency of the Republic.
§ 1 the members of the Board of Directors shall be appointed by the President of the Republic among Brazilians of notorious reputation, moral knowledge and experience and spotless reputation.
§ 2 the period of administration of the members of the Board of Directors, with the exception of the referred to in item II of the caput shall be three years, allowed renewals.
§ 3 the investiture of the members of the Board of Directors shall be by means of signature of instrument of investiture in the book itself.
§ 4 the period of management by the Board of Directors shall be counted from the date of publication of the Act of appointment and extends to the appointment of new administrators.
§ 5 in the event of renewal, the term of the new term will be counted from the date of signature of the term of Office.
§ 6 in case of vacancy in the course of the mandate, will be appointed new counsel, the terms of this section caput, which will complete the term of Office of the replaced.
§ 7 the Board of Directors shall meet, ordinarily, every month and, extraordinarily, whenever convened by its Chairman or by two-thirds of its members.
§ 8 The decisions of the Board of Directors shall be taken by simple majority, and the President has a casting vote in the event of a tie.
§ 9 the Counselor who, for whatever reason, have a particular interest or conflict with the EBC in particular deliberation will not participate in the discussion and vote on this item.
§ 10. In case of vacancy, absence or temporary impossibility of its Chairman, the Board of Directors will be chaired by interim Adviser chosen by remnants.
§ 11. In addition to the other hypotheses provided for by law, shall be deemed to have vacated the Office of Member of the Board of Directors, without justified cause, fail to attend more than two consecutive meetings or three alternate, in the range of 365 days.
§ 12. The remuneration of the members of the Board of Directors, in addition to the refund, required, the costs of transportation and subsistence necessary for the performance of the function, shall be fixed by the General Assembly and shall not exceed, in any hypothesis, the 10% monthly remuneration of Directors.
§ 13. The deliberations shall be recorded in minutes, which shall be drawn up clearly and recorded all decisions taken, becoming object of formal approval.
Art. 15. The Board of Directors is the organ of orientation and direction top of the EBC, competing him: I-fix the general orientation of the EBC's business, the powers of the Board of Trustees;
II-call, in the cases provided for by law and in these bylaws, the General Assembly, presenting proposals for their resolution;
III-electing and dismissing the members of the Executive Board, subject to the provisions of art. 16 of these bylaws;
IV. opinar and forward to the General Assembly: a) the management report and the accounts of the Executive Board;
b) the allocation of profits or enterprise results;
c) the distribution of dividends and the payment of interest on capital; and (d)) the capital increase, the price and conditions of issuance, subscription and payment of the shares;
V-to approve the bylaws of the EBC, which will detail the tasks and responsibilities of the directors, as well as its organizational structure and its operation, subject to the provisions of these bylaws;
VI-to supervise the management of Directors, examine the books and papers of the EBC, request information about notices of bidding, contracts, or in the process of concluding contractual additives and any other acts performed by the leaders, as well as on the measures adopted by the Administration to regulate arrangements of the Court of Auditors and the Office of the Comptroller General;
VII-to authorize the disposal of permanent assets, when above 5% in shareholders ' equity, the Constitution of collaterals and the provision of collateral for the EBC;
VIII-to authorize and approve the hiring of independent auditors, as well as their dismissal;
IX-to approve the strategic plan as well as the respective multiannual plans and annual program expenditures and investments;
X-to approve standards for bidding and contracting of works and services acquisition;
XI-set specific standards for hiring permanent staff of EBC through public tender of evidence or evidence and titles;
XII-determine the value above which the acts, contracts or operations, although the competence of the Executive Board, shall be submitted to the approval of the Board of Directors;
XIII-forward to the General Assembly proposals for amendments to the Statute of the EBC;
XIV-to define the tasks of the internal audit unit, and regulate their operation, and shall also appoint and dismiss its holder;
XV-to establish the guidelines for the preparation of the annual plan of internal audit Activities-PAINT for the following year, until the last working day of December of each year, and approve the plan;
XVI-authorize the opening, transfer or closure of offices, facilities and centres of production and broadcasting of the EBC;
XVII-approve the plan of positions, career and salary and the staff of the EBC;
XVIII-authorize the contracting of loans, insurance, works, services, projects, research, independent professionals and the provision of sureties, guarantees and sureties on behalf of the EBC;
XIX-follow the economic and financial performance of the company;
XX-forward to the Minister of State Chief of the media Bureau proposal for the creation of jobs and the setting of wages, benefits and advantages;
XXI-appoint and dismiss the Ombudsman; and XXII-decide the omissive cases of this Statute.
CHAPTER VIII of the EXECUTIVE BOARD Art. 16. The Executive Board shall be: (I)-a Chief Executive, appointed by the President of the Republic;
II-a Director General appointed by the President of the Republic;
III-a Director of Journalism;
IV-of an administrative and financial Director;
V-a Director of programming and content;
I saw a Director of relationship;
VII-a Director; and VIII-a Director.
§ 1 the directors referred to in sections III to VIII shall be elected and removed from Office by the Board of Directors.
§ 2 is three years the period of management by the Executive Board, except the Chief Executive which will take four years, allowed the renewal.
§ 3 the Chief Executive will be replaced by the Director-General of the EBC in their departures or possible impediments and temporarily in case of resignation or definitive impediment.
§ 4 in addition to the common assumptions of vacancy, shall be considered vacant the post of Chief Executive when away from the holder for more than thirty days, without authorization of the Board of Directors.
§ 5 shall be provided to the members of the Executive Board the enjoyment of paid annual leave, being forbidden the double payment of the remuneration relating to annual leave not taken during the period model.
§ 6 the members of the Executive Board are responsible for the acts carried out in compliance with the law, with the status of the EBC and institutional guidelines issued by the Board of Directors.
§ 7 the members of the Executive Board will be removed in the legal assumptions or if they receive two votes of no confidence in the Board of Trustees, in the period of 12 months, issued with a minimum of thirty days interstice between both.
§ 8 The directors, with the exception of the President and the Director-General, will be replaced in his temporary absences or absences or impediments, by employee of EBC by they selected and designated by Act of the Director General.
Art. 17. the Chief Executive Officer: I-direct, coordinate and control the activities of the EBC;
II-conduct institutional strategic planning EBC;
III-practice institutional representation vis-à-vis the Government and society in General;
IV-approve policies, plans and guidelines proposed by the Directors by the Board of Directors and the Board of Trustees at what is their respective attributions;
V-practice the other acts of management, not within the area of competence of the General Assembly, the Board of Directors, the Board of Trustees and of the Supervisory Board;
I saw him represent, on the plaintiff or defendant side, the EBC, in court or out of court, and may, for this purpose, delegate powers and, together with the Director-General, be attorneys, specifying in the instrument the acts or operations that can practice and the duration of the warrant;
VII-establish by the Board of Directors and the Board of Trustees actions priorities in what is their respective attributions;
VIII-directors propose work programmes and measures necessary for the protection of the interests of the EBC;
IX-to fulfill and to enforce the resolutions issued by the General Assembly, the Board of Directors, the Board of Trustees and the Executive Board;
X-order and designate the servers charge in Commission or reliable function, as well as back to the organ of origin, in accordance with the law;
XI-to authorize the transfer of employees, as well as hiring, for a fixed period, of specialized technical personnel, observed the relevant legislation;
XII-keep the Board of Trustees, Board of Directors and Supervisory Board informed on the activities of the EBC;
XIII-determine the realization of technical inspections, audits, or investigations sindicâncias;
XIV-convene, install and preside over the meetings of the Board of executive officers;
XV-submit to the administrative board the budget proposals of the EBC;
XVI-submit to the Administrative Board proposed general standards of personnel administration, including those relating to the fixing of frame;
XVII-submit to the Administrative Board proposed organizational structure of the EBC and its internal regulations, as well as creation of offices, facilities or centres of production and broadcasting;
XVIII-submit to the Administrative Board proposal to amend the Statute of the EBC;
XIX-submit to the administrative board any amendments of the social capital of the EBC;
XX-forward to the Board of Directors and the Fiscal results for the preceding financial year;
XXI-draw up, in conjunction with the Director General, and submission to the Board of Trustees the annual work plan and the annual report on its implementation;
XXII-forward annually to the Board of Trustees the educational guidelines, artistic, cultural and informative communication policy members of the EBC;
XXIII-forward to the Secretariat of Social Communication of the Presidency of the Republic the draft technical sectoral chambers institution aiming to promote liaison with government bodies and economic agents that act in the area of communication and related services;
XXIV-to propose to the Board of Directors, in conjunction with the Director General, appointments and dismissals of the other directors;
XXV-convene the general meeting in the cases provided for by law; and XXVI-delegate, in whole or in part, competences and powers to the Director-General of the EBC.
Art. 18. the Director-General: (I)-replace the President in his absences and impediments;
II-admit, appoint, promote, transfer and dismiss employees, according to the norms of the EBC;
III-order expenses and, along with administrative and financial Director, sign payment orders;
IV-supervise the directors of operational areas in the performance of its work;
V-supervising the activities of assistance and support to the Executive Board of the EBC and advisory areas;
VI-to supervise the activities of planning, development and support the achievement of the corporate purpose;
VII-delegate, in whole or in part, duties and responsibilities to other directors without specific designation, according to the conveniences of the management;
VIII-to coordinate the preparation of regulations and internal rules to be submitted for approval by the Board of Directors;
IX-to coordinate the preparation, budget execution and prepare monitoring reports;
X-to propose to the Chief Executive the distribution of powers and responsibilities between the members of the other chief officers ' departments, in addition to those provided for in this Statute;
XI-to approve and sign the EBC, along with another Director, contracts, agreements, and agreements; and XII-coordinate the Secretariat of the Executive Board.
Sole paragraph. The Director General will be replaced in his absence or impediment, by one of the directors of the operational areas of the EBC, designated by him.
Art. 19. the Director of journalism: I-answer for journalistic content to be broadcasted by the EBC;
II-supervise, edit and run reports and journalistic programmes, with accuracy and quality in national and international scope;
III-direct, plan and organize the implementation of the activities of journalistic and capture of the acts and facts of everyday life and interests of society as a whole;
IV-distribute news of national and international events to all broadcasters of television, radio and other media, public or private;
V-drive, approve and monitor the editorial content of the journalistic services abroad;
Saw adopt and follow the journalistic content broadcasted on EBC non-production;
VII-directing and planning the journalistic content of the portal of the EBC, the internet and other media;
VIII-direct, plan, implement and organize the execution of special projects developed by EBC journalism; and IX-plan, direct, manage and implement all format of journalistic programmes presented (audio, aesthetics, scenery, lighting, language, presenters), in conjunction with the Director of programming and content.
Art. 20. the administrative and financial Director: i. support the Director-General on organizational management and General Administration of the EBC, as well as the ceo in its attributions;
II-direct, plan and organize the implementation of the activities of human resources, financial management, accounting and taxation of the EBC;
III – administering the patrimony of EBC, inventorying and ensuring the maintenance of the assets of the company;
IV-monitoring the budgetary execution of the EBC;
V-prepare documentation of accountability of the EBC to the external organs and to the Audit Committee;
I saw him manage the operational activities relating to human resources at EBC;
VII. administer the activities relating to the administration of purchases and supplies, security, administration and control of warehouse and general internal services;
VIII-manifest itself all over pertinent documentation the acquisition, encumbrance and disposal of assets and rights, or that constitutes the EBC in pecuniary obligation of any species, observing and noting the internal rules and applicable jurisdiction limits and laws in force;
IX-draw up proposals for standards for bidding and contracting of works and services acquisition;
X-develop proposal of positions, career and salary and the staff of the EBC; and XI-draw up the financial statements of the EBC, forwarding them to the Chief Executive Officer and Director General.
Art. 21. the Director of programming and content: I-to ensure the production and programming of EBC, respecting the educational purposes, artistic, cultural, informational, scientific, technological and promoting citizenship, seeking at the same time align the interests of competitiveness of the company;
II-to ensure programming quality and content of the EBC;
III-supervise productions of the EBC;
IV-supervise, produce and distribute programming grid calls, as well as the interprogramação;
V-manage technical and operational resources to ensure regularity and hours of programming, respecting the programming sequence;
I saw the socio-cultural and regional diversity of the country to select and create content and programs that meet the principles and objectives of the EBC;
VII-get continuously innovation of the content;
VIII-to promote the integration of programming and content across all hierarchical levels;
IX-plan, direct, manage and implement all format of the programmes presented (audio, aesthetics, scenery, lighting, language, presenters) in all media operated by EBC;
X-work in conjunction with the other directors, according to the internal regulations, under the definition of programming and in the study of new formats of programs;
XI-plan, direct, manage and implement products produced by the EBC to be served on their own or in other media of interest; and XII-plan and allocate production teams.
Art. 22. the Director of relationship: I-support the ceo in developing the institutional relationships of EBC by the Government, federal, State and municipal levels, aiming at the establishment of the institutional conditions for the fulfilment of its objectives;
II-supporting the ceo in developing the institutional relationships of EBC by the society;
III. supporting the ceo in the EBC's relationship with the forums and associations representing the public and private broadcasting sector, independent production, media and other areas related to its mission;
IV-to support the Director General in the development of the institutional relationships of the EBC in the context of international relations;
V-monitor the implementation of agreements, projects and partnerships of the EBC together with public and private entities, aiming at the implementation of the national network of public communication;
VI-to promote the fundraising referred to in art. 8, together with the related boards; and VII-to make the distribution and promote the licensing of content generated by programs carried out by the EBC.
Art. 23. the Director of services: I-prepare, organise and manage the service policy of the EBC, together with the related boards;
II-plan, deploy, organize and direct the execution of special projects for third parties;
III-direct the provision of planning, production, editing and publication of content in all areas of social media for public or private persons;
IV-direct service delivery planning, Assembly and operation of television stations, radio, multimedia sites on the internet, other media and related services;
V-plan, organize and direct the execution of the activities of production and distribution of advertising;
Saw ride, plan, organize and direct personnel, equipment and facilities to ensure flexibility and autonomy in the execution of the services;
VII-direct provision of training services and training staff in the areas of communications, broadcasting and related services;
VIII-plan, organize and direct documentation, archival services and media analysis; and IX-draw up projects for use of areas of opportunity of EBC.
Art. 24. the Director of media: I-install, operate and maintain the systems and networks and generation of analog and digital transmission used by the EBC;
II-coordinate, control and run the activities of internal and external operation of radio and television of the EBC;
III-to drive the execution of the activities of training, transmission and distribution of compulsory national networks of radio and television;
IV-developing and deploying technological modernization projects of the EBC; and V-plan, organize and direct the implementation of the information technology activities of the EBC.
CHAPTER IX of the FISCAL COUNCIL Art. 25. The Audit Committee of the EBC will be composed of three members, and their respective substitute members, appointed by the President of the Republic, for the exercise of their duties for a period of four years, prohibited the renewal: I-a member nominated by the Social communication Secretariat of the Presidency of the Republic;
II-a member nominated by the Minister of State of finance, as a representative of the National Treasury; and III-a member appointed by the minority shareholders, or, failing these, one representative nominated by the Chief Minister of the Secretariat of Social Communication of the Presidency of the Republic.
§ 1 the members of the Supervisory Board, at its first meeting, shall elect its President, to which it will be up to comply with the Agency's deliberations.
§ 2 the Fiscal Council shall meet, ordinarily, every two months and, extraordinarily, whenever called by the Board of Directors.
§ 3 the decisions of the Supervisory Board shall be taken by simple majority, and the President has a casting vote in the event of a tie.
§ 4 in case of absence, the Member of the Supervisory Board will be replaced by his alternate.
§ 5 in the case of vacancy or removal, the substitute will occupy the post until it is indicated the new counselor to complement the remaining term.
§ 6 the Supervisory Board may ask the EBC the designation of qualified personnel for meeting him and provide technical support.
§ 7 the term of Office shall be counted from the designation, under the heading.
§ 8 In addition to the other events contemplated in law, a vacancy shall be the function of Member of the Board of Auditors that, without justified cause, stop exercising its powers for more than two consecutive meetings or three alternating.
§ 9 Expiry the mandate, the Member of the Supervisory Board will remain in function until the investiture of the new holder.
Art. 26. Can only be elected to the Supervisory Board individuals, resident in the country, who in college level course, or have exercised, for at least three years, adminship or tax advisor.
§ 1 may not be appointed to the Supervisory Board, in addition to the persons listed in paragraphs of article 147 of law 6404 of December 15 1976, members of the management bodies and employees of the EBC, and the spouse or relative, up to the third degree, the company's administrator.
§ 2 the compensation of the members of the Supervisory Board, in addition to the refund, required, the costs of transportation and subsistence necessary for the performance of the function, shall be fixed by the General Assembly and shall not exceed, in any hypothesis, the 10% monthly remuneration of Directors.
Art. 27. The deliberations of the Supervisory Board will be released in book of acts of the Supervisory Board.
Art. 28. the Board of Auditors: I-oversee the acts of the administrators and verify the fulfilment of their legal and statutory duties;
II-follow the financial and patrimonial management of EBC and supervise the budgetary execution, and can examine books and documents, as well as ordering information;
III-express an opinion on the annual report, making the record of its opinion the additional information that it deems necessary or useful to the deliberations of the General Assembly;
IV-express an opinion on proposals of the management bodies, concerning the modification of the social capital investment plans or budgets of capital, dividend distribution, transformation, merger or Division;
V-report to the organs of administration and, if they do not take necessary measures for the protection of the interests of the EBC, to the General Assembly, errors, fraud, crime or illegal to take knowledge and suggest steps;
VI-analyze, at least on a quarterly basis, the balance sheet and other financial statements prepared periodically by the EBC;
VII-to examine the financial statements of the fiscal year and opine on them;
VIII-perform their duties, during the liquidation, in view of the special provisions which govern;
IX-rule on allocation issues submitted to it by the Board of directors or by the Executive Board;
X-convene the annual general meeting if the organs of Administration slow down more than a month that summons, and extraordinary, always occurring serious or urgent grounds, including on the agenda of the assemblies the materials they deem necessary;
XI-to attend the meetings of the Board of directors or the Executive Board in matters in which by law should have a say;
XII-provide the shareholder or group of shareholders, representing at least 5% in the capital, where requested, information on matters of its competence; and XIII-prepare and approve its internal regulations.
Sole paragraph. The duties and powers conferred by law or by these bylaws to the Supervisory Board cannot be granted to another organ of the EBC.
CHAPTER X of the Art BOARD of TRUSTEES. 29. The Board of Trustees of the EBC, advisory and deliberative organ, is composed of 20 members, appointed by the President of the Republic.
§ the first holders of the Board of Trustees will be chosen among native Brazilians or persons naturalized for over ten years, spotless reputation and recognized public spirit, according to the following: (I)-Chief Minister of Social communication Secretariat of the Presidency of the Republic;
II-Minister of State for culture;
III-State Minister of education;
IV-Minister of State for science and technology;
V-a representative of the employees of the EBC, elected by the employees themselves through direct and secret ballot, in the form of the internal regulations; and VI-15 representatives of civil society, designated by the President of the Republic, indicated regional representation criteria, cultural diversity and plurality of professional experiences.
§ 2 is sealed the nomination for Board of Trustees from: I-person bond of kinship to the third degree with Member of the Executive Board; and (II)-public officer holder of elective office or invested exclusively in charge in Commission of free provision of the Union, States, Federal District or the municipalities, except those referred to in subparagraphs I, II, III, IV and V of the § 1.
§ 3 the Adviser referred to in item V of the § 1 will have two years, sealed the renewal.
§ 4 the first directors referred to in item VI of § 1 shall be selected and appointed by the President of the Republic for two terms and four years and eight Board members for the term of two years and seven councilors for the term of four years.
§ 5 the term of Office of the Board of Trustees holders referred to in item VI of the § 1 shall be four years, renewable only once.
§ 6 Ended the mandate, the Member of the Board of Trustees will remain in function until the name of the new holder.
§ 7 the members of the Board of Trustees referred to in sections V and VI of the § 1 will lose the warrant in cases of resignation, judicial process with final decision, or in the event of unjustified absence at three sessions of the Board, during the period of 12 months.
§ 8 The members of the Board of Trustees referred to in item VI of the § 1 also will lose the mandate by decision of the President of the Republic, through the provocation of three-fifths of all of its members.
§ 9 the Member of the Board of Trustees referred to in item (V) will receive reimbursement of expenses for transportation and subsistence necessary for the performance of the function.
Art. 30. The Board of Trustees may request the EBC the designation of qualified personnel for meeting him and provide technical support.
Art. 31. The determinations issued by the Board of Trustees, in the exercise of their duties, are to comply with binding administrative bodies.
Art. 32. The Board of Trustees shall meet, ordinarily, every two months and, extraordinarily, whenever called by its Chairman or by two-thirds of its members.
Art. 33. the meetings of the Board of Trustees shall participate, without the right to vote, the Chief Executive Officer and the Director General of the EBC.
Art. 34. The participation of members of the Board of Trustees referred to in item VI of § 1 of art. 29, at their meetings, will be remunerated at the rate of 10% of the remuneration perceived by the Chief Executive Officer, and offset expenses and subsistence, for the exercise of their duties, shall be borne by the EBC.
Art. 35. the Board of Trustees: I-approve annually proposed by the Office of planning and Programming content, always seeking to keep it aligned to educational guidelines, artistic, cultural and informative communication policy members to be observed by the EBC;
II-to ensure compliance with the principles and objectives described in the arts. 2 and 3 of this Statute;
III-express an opinion on matters related to compliance with the principles and objectives described in the arts. 2 and 3 of this Statute IV-approve the guidelines, artistic, cultural, educational and informative communication policy members proposed by the Executive Board of the EBC;
V-adopted annually, editorial and programming production proposed by the Board of journalism, always seeking to keep it aligned to the principles and objectives of the EBC, manifesting itself on its practical implementation;
VI-decide, by an absolute majority of its members, concerning the attribution of vote of no confidence to the members of the Executive Board, with regard to compliance with the principles and objectives described in the arts. 2 and 3 of this Statute, the right to the hearing of the Member voting object;
VII-elect, among its members, the President, through direct vote; and VIII – approve its internal regulations.
Sole paragraph. It will be up to the Board of Trustees also accompany the process of public consultation, to be implemented by the EBC, for the renovation of its composition, in respect of members referred to in item VI of § 1 of art. 29. CHAPTER XI of the ADVISORY AREAS of the EXECUTIVE BOARD Art. 36. The Advice of the Executive Board, without prejudice to other advisory bodies that will be created by the Chief Executive Officer: I-legal counsel; and (II) the Office;
Art. 37. The legal counsel: I-control and monitor the legal aspects of the EBC;
II-extrajudicial and judicial watch the EBC in all processes, in all fields of law;
III-answer for preventive law in all areas of the EBC;
IV-meet requests and propose legal solutions to internal areas of the EBC;
V-examine the legality of all contracts, agreements, and covenants, as well as the draft notices, tenders and public procurement;
VI-request the hiring of outside counsel when necessary; and VII-establish channels of communication and institutional follow-up with other ares of the EBC to update, approval, dissemination and guard, both in the physical environment such as in magnetic media, regulatory instruments, as well as about the legal information sharing between the various areas of work.
Art. 38. The secretariat under the Director-General of the EBC, shall have the following duties:-assist the boards of Directors and Trustees and the ceo of EBC;
II-support to the Executive Board on the implementation of the actions of the Director-General;
III-assist and support the activities of political and institutional representation of the ceo;
IV-receive and route authorities and personalities in visit to the Executive Board;
V-run General Secretariat activities in the administrative support to the Executive Board; and I support the working groups.
CHAPTER XII of the COMPLEMENTARY AREAS Art. 39. The EBC shall have an Ombudsman's Office, linked to the Chief Executive Officer, which shall: i. provide channels of communication with the citizen, ensuring you the right to criticism and suggestions on the content and programming of the EBC; and II-send reasoned response to citizens, after hearing the area Boards, and through the EBC's communication system, with strategic direction of the Chief Executive.
Art. 40. The EBC will have internal audit under the Board of Directors, which perform the audit of nature activities accounting, financial, budgetary, administrative, and operational assets of the EBC, with normative guidance and technical supervision of the Office of the Comptroller General and in accordance with the relevant legislation, as well as propose preventive and corrective measures of deviations detected and verify compliance and implementation for the EBC, recommendations or determinations made by the central and sectoral organs of the Internal control system of the Executive power, by the Court of Auditors and the Audit Committee.
§ 1 the holder of the internal audit, employee enabled the EBC, shall be appointed and removed from Office, on a proposal from the Chief Executive, by the Board of Directors, and, after, which was referred to approval of the Office of the Comptroller General.
§ 2 the planning of internal audit activities will be recorded in PAINT for each fiscal year, which must be submitted prior to the review of the Office of the Comptroller General, until the last working day of the month of November for the year prior to his execution.
§ 3 the PAINT, drawn up in accordance with the rules of the Comptroller-General of the Union, must be approved by the Board of directors until the last working day of December of the previous year to his execution and forwarded to that organ until 31 January of each year to be applied.
§ 4 The annual results of internal audit work will be presented in the annual report on internal audit Activities-RAINT, in accordance with the rules of the Office of the Comptroller General, which should be her forwarded until 31 January of the subsequent exercise.
CHAPTER XII of the FISCAL YEAR, PROFITS, DIVIDENDS and reserves Art. 41. The fiscal year of the EBC will correspond to the calendar year and the financial statements shall be prepared in December 31 of each year.
§ 1 the financial statements, in addition to the legal and regulatory requirements, must contain: (I)-balance sheet;
II. statement of income for the year;
III-demonstration of profits or losses or assets change statements; and IV-demonstrations of the origins and applications of resources.
§ 2 the financial statements referred to in the caput of this article shall be audited by independent auditors registered with the Brazilian Securities Commission (CVM).
§ 3 financial statements, accompanied by the opinion of independent auditors, the internal audit, the Audit Board and the manifestation of the Board of Directors, will be forwarded to the decision of the General Assembly and then forwarded to the Secretariat of Social Communication of the Presidency of the Republic.
Art. 42. The Board of Directors, made the deduction to meet the losses and the provision for income tax, will propose to the General Assembly the appropriation of the result for the year, subject to the following: I-5% of net income for Constitution of the legal reserve, until it reaches 20% of the share capital; and II-25% of the adjusted net income, at least, for the payment of dividends to shareholders, in proportion to his actions.
§ 1 the legislation in force, the Board of Directors may propose to the general meeting the shareholders payment of interest on own capital or dividends, by way of remuneration.
§ 2 About the values of dividends and interest, by way of remuneration on shareholders ' equity, due to shareholders, will cover financial costs equivalent to the SELIC rate, from the end of the fiscal year until the day of effective payment or payment, without prejudice to the interest on arrears whenever this collection or payment does not take place on the date specified in the law or decision of the General Assembly and should be regarded as the daily rate, for updating this value during the five working days prior to the date of payment or collection, the same SELIC rate published on the fifth working day before the day of the effective discharge of the obligation.
§ 3 The accumulated losses, which will be deducted from the accumulated profit, profit and reserves legal reserve, in that order, for, only then, will be deducted from the capital, in the form provided for in art. 173 of law No. 6404, 1976.
§ 4 of the net income for the year, after the previous deductions, the Board of Directors may propose to the General Assembly the percentage of participation of employees in profits earned in each year, in accordance with the legislation in force.
§ 5 the balance of profit after the recent statutory and legal, will be placed at the disposal of the General Assembly, accompanied by implementation plan presented by the Management Board, on a proposal from the Executive Board and approved by the Supervisory Board.
CHAPTER XIII of the STAFF Art. 43. The legal regime of the EBC will be the consolidation of labor laws and its complementary legislation.
Art. 44. The hiring of permanent staff of the EBC will be through public tender of evidence or evidence and bonds, in compliance with the specific regulations issued by the Board of Directors Art. 45. The positions on Commission or reliable function of leadership and advice of the EBC will be filled by appointment of the ceo, in compliance with the legal provisions on the subject.
Art. 46. The EBC may sponsor private entity, in accordance with the legislation in force.
Sole paragraph. The sponsorship of the caput may be done by accession the private entity that already exists.
CHAPTER XIV GENERAL PROVISIONS Art. 47. The EBC shall provide to the members and former members of the Executive Board, of the Board of Directors and its employees and the defence in court and/or administrative proceedings instituted against them for committing acts in the exercise of his duties, function or activity, provided that there is no incompatibility with the interests of the company.
§ 1 the shape of the benefit mentioned in the caput shall be defined by the Board of Directors, after hearing the legal area of EBC.
§ 2 the EBC may maintain, in the manner and extent defined by the Board of Directors, noted, what fits, caput, permanent insurance contract in favor of the people mentioned, to insulate them from responsibility for acts or facts by which eventually might be sued or administratively.
§ 3 if any of the people mentioned in the caput is convicted, with final judicial decision, on the grounds of breach of law or statute or as a result of deliberate wrongdoing, should indemnify the EBC of all costs and expenses of Defense, in addition to any damages.
Art. 48. It is prohibited to grant financing or pay bail EBC to third parties, under any form, on business purposes, strangers as well as perform contributions or grant aid laid down in the budget.
Art. 49. Administrators, members of the Board of Directors, trustees and employees of the EBC and invested in positions of trust, of direction, advice or leadership, to take each year and leave their functions, shall submit Declaration of assets and income, according to the current legislation.
Art. 50. For the purposes of deployment, it is assimilated to legal entities mentioned EBC in art. 1 of law No. 8745, of 9 December 1993, with a view to the recruitment of administrative and technical staff by time.
§ 1 is considered as temporary need of exceptional public interest, for the purposes of the law in 1993, 8745, hiring technical and administrative staff by time, essential to the functioning of the EBC.
§ 2 the signings referred to in the caput shall observe the provisions of the main clause of art. 3, art. 6, item II of art. 7 and in the arts. 9 and 12 of the law on 8745, 1993, and may not exceed the period of 36 months from the date of installation of the EBC.
§ 3 during the first 90 days of the publication of this Decree, may be hired in accordance with the caput and § 1, through analysis of curriculum vitae, and the Minister of State-approved quantitative head of Social communication Secretariat of the Presidency of the Republic, technical and administrative staff for temporary need of exceptional public interest, by the non-extendable term of 36 months.
Art. 51. The EBC is governed by provisional measure in 398, of 10 October 2007, by law no 6404, 1976, by this Statute and by other standards applicable thereto.