Decree No. 6100, April 26 2007

Original Language Title: Decreto nº 6.100, de 26 de Abril de 2007

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DECREE NO. 6,100, OF April 26, 2007.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Chico Mendes Institute of Conservation of Biodiversity-Chico Mendes Institute, and gives other arrangements. THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of President of the Republic, using the assignments that gives him the art. 84, incisments IV and VI, paragraph (a?) of the Constitution, and with a view to the provisions of the Provisional Measure no 366, of April 26, 2007,

DECRETA:

Art. 1st Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Chico Mendes Institute of Conservation of Biodiversity-Chico Mendes Institute in the form of the Annexes I and II.

Art. 2nd Acts of the provisions of the art. 1st, stay remanded, in the form of Annex III, of the Management Secretariat, of the Ministry of Planning, Budget and Management, for the Chico Mendes Institute, the following posts in committee of the Group-Direction and Advising Superiors-DAS and Functions Gratified-FG: one of DAS 101.6; four DAS 101.5; fourteen DAS 101.4; fifty-five DAS 101.3; one hundred and thirty-nine DAS 101.2; one hundred and forty-two DAS 101.1; one DAS 102.4; four DAS 102.3; and one hundred and fifty three FG-1.

Art. 3rd The President of the Chico Mendes Institute will do publish in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Superiors of Superiors-DAS referred to in Annex II, indicating, inclusive, the number of vacant positions, its denomination and respective level.

Art. 4th The internal regiment of the Chico Mendes Institute shall be approved by the Minister of State for the Environment and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5th This Decree comes into effect on the date of its publication, producing effects as of May 3, 2007.

Brasilia, April 26- 2007; 186th of the Independence and 119th of the Republic.

JOSÉ DE ALENCAR GOMES DA SILVA

Paulo Bernardo Silva

Marina Silva

This text does not replace the one published in the DOU of 4/27/2007

ANNEX I

REGIMENTAL STRUCTURE OF THE CHICO MENDES INSTITUTE

OF BIODIVERSITY CONSERVATION-CHICO MENDES INSTITUTE

CHAPTER I

DA NATURE, THIRST AND THE PURPOSES

Art. 1st The Chico Mendes Institute of Conservation of Biodiversity-Chico Mendes Institute, a special regime governing body, with administrative and financial autonomy, endowed with legal personality of public law, with registered office in Brasilia, Federal District, and jurisdiction in the entire national territory, created by the Provisional Measure no 366, of April 26, 2007, links to the Ministry of the Environment, and has as purposes:

I-perform actions of the national policy of nature conservation units, referring to the federal assignments, concerning the proposition, implantation, management, protection, surveillance and monitoring of the conservation units instituted by the Union;

II-carry out the policies regarding the sustainable use of renewable natural resources, support for extractivism and traditional populations in the units of conservation of sustainable use instituted by the Union;

III- foster and execute programs of research, protection, preservation and conservation of biodiversity; and

IV-exercise the power of environmental police for the protection of the conservation units instituted by the Union.

Single paragraph. The purpose referred to in the incisee IV of this article does not preclude the supptive exercise of the environmental police power of the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA.

Art. 2nd In the fulfillment of its purposes, and re-salvaged the competencies of the remaining entities that integrate the National Environment System-SISNAMA, it is up to the Chico Mendes Institute, in accordance with the guidelines set by the Ministry of the Environment, to develop the following federal actions:

I-proposition and editing standards and management standards of units of federal conservation;

II-proposition of creation, regularization funnals and management of the federal conservation units, as well as support for the implementation of the National System of Conservation Units-SNUC;

III-surveillance and application of environmental or compensatory administrative penalties for non-compliance with the measures required for preservation or correction of environmental degradation, pursuant to the current legislation;

IV-generation, integration and systematic dissemination of information and knowledge concerning the management of conservation units and the conservation of biodiversity;

V-execution of environmental education programs;

VI-execution, direct or indirect, of the economic exploitation of natural resources in their units, obeyed the legal and sustainability requirements of the environment and restricted to:

a) public use, advertising, ecotourism and other similar services; and

b) products and by-products of flora and fauna, generated in the execution of the actions of permanent character;

VII-recovery of degraded areas in conservation units;

VIII-assist in the implementation of the National Environment Information System-SINIMA;

IX-sustainable use of renewable natural resources, support for extractivism, and traditional populations;

X-application, within the framework of its competence, of the international devices and agreements relative to environmental management;

XI-generation of knowledge for the management of the use of the faunistic, fishing and forestry resources and of environmental management methodologies and technologies;

XII-protection and integrated manhandling of ecosystems, of species, of the natural and genetic heritage of ecological representativeness on a regional scale and national;

XIII-proposition and editing of standards, surveillance and control of the use of the Brazilian speleological heritage, as well as fostering withdrawals, studies and research that makes it possible to broaden the knowledge about existing underground natural cavities; and

XIV-elaboration of the Management Report of the Conservation Units.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 3rd The Chico Mendes Institute has the following organizational structure:

I-collegiate body: Board Director;

II-body of direct and immediate assistance to the President: Cabinet;

III-sectional organs:

a) Federal Prosecutor's Office Specialized;

b) Ouvidoria; and

c) Directorate of Planning, Administration, and Logistics;

IV-specific organ-specific organs:

a) Directorate of Integral Protection Units of Integral Protection;

b) Directorate of Sustainable Use Conservation Units and Traditional Populations; and

c) Board of Conservation of Biodiversity;

V-decentralized organs:

a) Specialized Centers;

b) Advanced Units:

1. Regional Coordination Units; and

2. Conservation Units.

Single paragraph. The fixation of the specific assignments and the jurisdiction of the devolved bodies of the categories Specialized Centres and Advanced Units shall be defined in the internal regiment of the Chico Mendes Institute, obeyed the quantitative provided in this Decree.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 4th The Chico Mendes Institute will be directed by its President and by its Directors.

Art. 5th The nominations for the posts in committee and roles Gratified members of the regimental structure of the Chico Mendes Institute will be effected in compliance with the prevailing legislation.

Single paragraph. The posts in committee will be provided, preferably, by public servants of the staff cadres of the SISNAMA integral bodies.

CHAPTER IV

DO COLLEGIATE BODY

Art. 6th integrate the Board Director, collegiate of advisory character:

I-the President of the Chico Mendes Institute, who the presiding;

II-the Directors; and

III-the Chief Prosecutor's Office.

§ First A criterion of the President of the Director Council, may be guests to attend the meetings of the collegiate managers and technicians of the Chico Mendes Institute, the Ministry of the Environment and other bodies and entities of the federal, state and municipal public administration, as well as representatives of entities nongovernmental, without a right to vote.

§ 2nd In case of hindrance of the incumbent member, this will be represented by his legal replacement.

CHAPTER V

DAS COMPETENCIES OF THE ORGANS

Section I

Of The Body Collegiate

Art. 7th To the Board Director competes:

I-advise the President of the Chico Mendes Institute in the decision making related to federal environmental management;

II-appreciate proposals for edition of specific standards of national comprehension;

III-opiniont on the action plans and the proposals regarding the process of monitoring and evaluating the implementation of the agendas of the Chico Mendes Institute;

IV-manifold about technical, economic and social parameters for the definition of the actions;

V-analyzing processes of identification and negotiation of internal and external resource sources for the viabilization of the planned actions of the Chico Mendes Institute; and

VI-speak out on the subjects that are submitted to you by the President of the Chico Mendes Institute.

Section II

From the Direct Assistance Body and Immediate to the President

Art. 8th To the Cabinet competes:

I-watch the President on his political and social representation and to task for the prepared-and-see dispatch from your personal expedient;

II-plan, coordinate and overseeing media activities, parliamentary and international support and still the publication, dissemination and follow-up of matters of interest of the Chico Mendes Institute;

III-secretariats the meetings of the Board Director; and

IV-supervise and coordinate the activities of advising to the President.

Section III

From the Sectional Organs

Art. 9th To the Specialized Federal Prosecutor's Office, as the enforcement body of the Federal Attorney General, competes, in national scope:

I-represent judicial and extrajudicially the Chico Mendes Institute;

II-exercise the consultancy and legal advising activities to the organs of the Chico Mendes Institute, applying, in what couber, the provisions of the art. 11 of the Supplementary Act no 73, of February 10, 1993; and

III- promote the ascertaining of the liquidity and certainty of the credits, of any nature, inherent in the activities of the Chico Mendes Institute, enrolling them in active debt, for the purposes of friendly or judicial collection.

Art. 10. À Ouvidoria competes:

I-advise the Board Director for the compliance with institutional objectives; and

II-provide support to the internal and external control bodies of the Union in the field of its assignments.

Art. 11. To the Directorate of Planning, Administration and Logistics competes:

I -elaborate and propose the strategic planning of the Chico Mendes Institute, supervise and evaluate the performance of its activities, normatize, execute and follow up the budget, promote the institutional articulation and management of the technology of the information; and

II-coordinate, perform, normatize, control, guide and supervise the activities inherent in federal public administration management systems, referring to human resources, materials, heritage, accounting, financial execution and general services, as well as promoting the management of the fundraiser.

Section IV

Of the Singular Specific Organs

Art. 12. To the Directorate of Integral Protection Conservation Units compete to coordinate, monitor, supervise, standardize, monitor and guide the execution of the actions regarding the proposition of creation and management of the federal conservation units of full protection and control of the use of the speleological heritage.

Art. 13. To the Directorate of Sustainable Use Conservation Units and Traditional Populations compete to coordinate, plan, control, supervise, normatize, monitor, guide and evaluate the execution of federal actions regarding environmental education and the proposition of creation, management and manhandling of the conservation units of the categories of Extractive Reserves, Federal Sustainable Development Reserves, National Forests, Environmental Protection Areas and Biosphere Reserves.

Single paragraph. The areas identified as of sustainable use in the Manejo Plans of National Forests will be managed by the Brazilian Forest Service.

Art. 14. The Directorate of Conservation of Biodiversity competes to coordinate, control, supervise, normatize, monitor, guide and evaluate the execution of the federal actions regarding research for biodiversity species conservation.

Art. 15. The singular specific organs of which they treat the arts. 12 a 14 will exercise your activities by obeying the guidelines emanating from the Ministry of the Environment.

Section V

From the Decentralized Organs

Art. 16. The Specialized Centres compete to produce and disseminate knowledge, provide support services, perform actions, programs, projects and activities related to their area of acting.

Art. 17. The Regional Coordinating Units compete to carry out the finalistic activities, within the framework of their jurisdiction.

Art. 18. The Conservation Units compete to manage, maintain integrity and promote the sustainable development of specially protected territorial spaces, according to the SNUC.

CHAPTER VI

DAS ATTRIBUTIONS OF LEADERS

Art. 19. To the President incumbent:

I-represent the Chico Mendes Institute, actively and passively, in judgement, through prosecutors, or outside of it;

II-plan, coordinate, control, guide and direct the activities of the Chico Mendes Institute, by zealting for the faithful fulfillment of the policies and guidelines set out by the Ministry of the Environment and the respective plans, programs and projects;

III-firming, on behalf of the Chico Mendes Institute, agreements, contracts, congeniums, adjustments, terms of adjustment of conduct and similar instruments;

IV-edit internal normative acts and ensure their faithful fulfillment;

V-ratify the acts of dispensation or declaration of inexigibility of the tenders, in the cases prescribed in law;

VI-ordering expenses; and

VII-delegating competence.

Art. 20. To the members of the Director Council it is incumbent to express and deliberate, when it is the case, on the actions of the Chico Mendes Institute, within the framework of the competences set out in this Decree, respected its administrative and financial autonomy and the legislation in force.

Art. 21. To Directors and other leaders it is incumbent on planning, directing, evaluating performance, coordinating, controlling and directing the execution of the activities of their area of competence and to exercise other assignments that are committed to them by the President of the Institute Chico Mendes.

CHAPTER VII

OF THE COMPOSITION OF RESOURCES

Art. 22. They constitute resources of the Chico Mendes Institute:

I-the credits budgeting that are to be consigned to it by the General Budget of the Union;

II-the rents arising from the exploration and sale of products and byproducts of fauna and flora;

III-the rents, of any nature, resulting from the exercise of activities that are affect to you or the exploitation of real estate under your jurisdiction;

IV-the revenue from loans, aid, grants, contributions, donations from internal and external sources, from Control Rate and Environmental Surveillance Fee, fines, prices of services and emoluments provided in law;

V-the features coming from convennials and agreements with national public entities, foreign and international;

VI-the transfer resources of other bodies of the public administration; and

VII-the resources complementary arising from the application of environmental marketing mechanisms, environmental compensation, conversion of fines, the sale of products and dissemination of promotional material and the public use of conservation units, among others.

CHAPTER VIII

OF THE GENERAL PROVISIONS

Art. 23. The internal regiment of the Chico Mendes Institute will define the detailing of the integral organs of its organizational structure, its jurisdiction, as well as the competencies of the respective units and the assignments of its leaders.

Art. 24. The Chico Mendes Institute will be able to conclude agreements, contracts, arrangements, terms of partnership and conduit adjustment and similar instruments with public and private, national, foreign and international organizations, aiming at the realization of your goals.

Art. 25. The Chico Mendes Institute will act in articulation with the bodies and entities of the federal, direct and indirect public administration, states, Federal District and Municipalities integral to the SNUC and SISNAMA and with organized civil society, to achieve its goals, in consonance with the guidelines of the national environment policy, emanated from the Ministry of the Environment.

Art. 26. The Chico Mendes Institute, in an act of its President, will be able to set up sectoral or thematic technical committees and chambers, with the aim of integrating and supporting internal environmental management processes, with the participation of civil society, when necessary.