PROVISIONAL MEASURE No 2.174-28, OF August 24, 2001.

Institui, within the framework of the Executive Power of the Union, the Voluntary-PDV Shutdown Program, the reduced work journey with proportional remuneration and the unpaid leave with incentive payment in sinunique, intended for the server of the direct, municipal and fungal administration of public administration.

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

Art. 1st Stay instituted, within the framework of the Executive Power of the Union, the Voluntary-PDV Shutdown Program, the work journey reduced with proportional remuneration, and the unpaid leave with incentive pay in sinunique, intended for the server of the direct, municipal and fungal public administration.

TITLE I

OF THE VOLUNTARY SHUTDOWN PROGRAM-PDV

CHAPTER I

OF THE PERIOD AND THE ACCESSION

Art. 2nd In 1999, public servants will be able to join the PDV in the period from August 23 to September 3, and in subsequent exercises, in periods to be fixed by the Executive Power of the Union, provided for the adoption or modification of the incentives provided for in this Provisional Measure, as it dispenses the regulation, observed the limits set forth in the budget law.

Art. 3rd Powers will adhere to the PDV the servers of direct, municipal and fundable administration, inclusive of the extinct Territories, occupiers of effective proofing, except for the careers or the posts of:

I-Lawyer of the Union, Attorney for the National Finance and Legal Assistant of the Advocate General of the Union;

II- Municipal Prosecutor, Advocate and Legal Assistant of the executing bodies or linked to the Advocate General of the Union;

III-Public Defender of the Union;

IV-Diplomat;

V-Federal Police Station, Federal Criminal Perito, Federal Police Office, Federal Police Agent, Papiloscopist, Federal Police and Federal Highway Police Officer; and

VI-Auditor-Fiscal of the Federal Revenue, Auditor-Fiscal of Social Welfare and Auditor-Fiscal of Work.

§ 1st The Minister of State, included the linked entities of lotion of the related careers or posts may be set the maximum number of servers that will be able to join the PDV and, in the hypothesis that the accessions surpass that limit, will be used as a criterion the precedence of the order protocolization date in the respective organ or entity:

I-Specialist in Public Policies and Government Management;

II-Analyst of Finance and Control;

III-Budget Analyst;

IV-Technician of Planning and Research of the Institute of Applied Economic Research Institute-IPEA;

V-Foreign Trade Analyst;

VI-Superior or 1st and 2nd degrees of federal institutions of teaching of the Ministries of Education and Defence;

VII-Nursing, Physiotherapist, Physician, Public Health Physician, Physician-Cirurgion, Technician in Radiology, Technician in X-rays, X-ray Operator, Technician in Nursing, Nursing Aid, Nurse Practitioner, Public Health Agent, Health Agent, Dentist, Odontologo, Surgeon-Dental, Pharmaceutical, Biochemical Pharmacist, Laboratory Technician, Laboratory Technician, Laboratory Assist, Sanitarist, Blood Bank Technician, Biomedical, Technical in Anatomy and Necklace, Surgical Instrumenter, Fonoaudiologist, Technician in Rehabilitation or Physiotherapy, Technician in Dental Prosthetic and Nutritionist;

VIII-de top level of the Carreiras of Science and Technology area;

IX-Technical in Air Defense and Traffic Control, Scheduling Technician and Air Defense Operation and Traffic Control, Technical in Information Aeronautics, Air Traffic Controller, Technician in Electronics and Aeronautical Telecommunications and Technician in Aeronautical Meteorology;

X-Veterinary and Agri-Defense Fiscal and Defense Fiscal Agropecuary;

XI-Fiscal of Cadastro and Rural Taxation of the National Institute of Colonization and Agrarian Reform-INCRA;

XII-Inspector of the Securities and Technical Analyst of the Superintendency of Insurance Private;

XIII-Analyst of the Central Bank of Brazil;

XIV-Intelligence Officer; and

XV-Expert Medical Supervisor.

§ 2nd Observed the provisions of § 1st, it is provided to the Minister of State, included the linked entities of lotion of the related posts in the incisos I to VI of the caput of this article authorize the accession of its occupants to the PDV.

§ 3rd will not be able to adhere to the PDV the servers that:

I-are in probationary stage;

II-have met all the legal requirements for retirement;

III-have retired in office or civil service and rejoined in the direct, municipal or fundable federal public administration, in office or unaccumulating public employment;

IV-have been sentenced by decision judicial transitioned on trial, which determines the loss of the office;

V-are not in exercise, by virtue of the impediment that it treats the inciso I of art. 229 of the Act No 8,112 of December 11, 1990, save when the criminal decision carried on trial not to determine the loss of the office; or

VI-are estranged by virtue of leave by accident in service or to health treatment, when acomethes from the diseases specified in the § 1st Art. 186 of the Law no 8,112, from 1990.

§ 4th It does not apply to the non-stable servers, which were not amped by the art caput. 19 of the Act of the Transitional Constitutional Provisions, the provisions of the incisos I to VI and in § 2nd of this article, except if occupiers of the post of the career of superior magistery.

§ 5th The accession to the server PDV that is responding to syndication or disciplinary administrative process will only produce effects after the final judgment, if not applied for the dismissal penalty and, in the application hypothesis of another penalty, after its compliance.

§ 6th The server that participates in or has participated in training program regularly instituted at the expense of the Federal Government will be able to join the PDV, upon the ressaration of the havid expenses, to be compensated when from the payment of the indemnity, as follows:

I-integral, if the training is in progress; or

II-proportional, in the hypothesis that it has not yet elapsed, after the training, period of effective exercise equivalent to that of the remoteness.

§ 7th Include in the expenses of which it treats § 6th the remuneration paid to the server and the costing of the course, exchange or internship financed with Treasury resources National.

CHAPTER II

OF THE TERM OF PUBLICATION OF THE EXONERATION ACT

Art. 4th The exoneration act of the server that has dewound its membership of the PDV will be published in the Official Journal of the Union, impreteribly, up to thirty days counted from the protocolization of the application for accession to the PDV in the organ or entity to which it links, to the exception of the case provided for in the § 5th of the art. 3rd.

Single paragraph. The server joining the PDV should remain in effective exercise up to the date of the publication of its exoneration.

TITLE II

OF THE REDUCED WORK JOURNEY WITH PROPORTIONAL REMUNERATION

CHAPTER I

OF THE CONCESSION

Art. 5th It is provided to the server of the direct, municipal and fundable public administration, occupant solely of the post of the provement effective, require the reduction of the working journey of eight hours daily and forty weekly for six or four hours daily and thirty or twenty weekly hours, respectively, with proportional remuneration, calculated on the whole of the Remuneration.

§ 1st The willing in the caput of this article does not apply to the occupants of effective proofing of the careers or the posts of which they treat the incisels I to III and V and VI of the art caput. 3rd.

§ 2nd Observed the interest of the administration, the reduced journey with proportional remuneration could be granted at the discretion of the maximum authority of the organ or of the entity to be bound by the server, vetoed to delegation of competence.

§ 3rd The reduced journey could be reversed in full, at any time, from office or at the request of the server, in accordance with the judgment of convenience and opportunity of the administration, re-salvaged, in any hypothesis, the provisions of the single paragraph of the art. 16.

§ 4th The grant act should contain, in addition to the functional data of the server, the date of the start of the reduction of the journey, upon publication in internal bulletin.

§ 5th The server that requiring the reduced work journey should remain submitted to the journey to which it is subject to the starting date fixed in the grant act.

Art. 6th beyond the provisions of § 1st Art. 5th, is vetted the granting of reduced work journey with proportional remuneration to the server:

I-subject to the duration of work set out in special laws; or

II-occupant of effective post submitted to the exclusive dedication.

Art. 7th The reduction of the journey does not imply loss of permanent perks inherent in the occupied effective post, yet granted by virtue of laws establishing the performance of forty weekly hours, hypotheses in which they will be paid with the reduction proportional to the reduced work journey.

TITLE III

OF LEAVE ENCOURAGED WITHOUT REMUNERATION

CHAPTER I

DA CONCESSION

Art. 8th Stay instituted leave without pay with incentive pay in sinunique, of an indenizatory nature, corresponding to six times a remuneration to which it does jus, on the date it is granted, to the server of the direct, municipal and fundable administration of the Executive Power of the Union, occupant solely of effective pavement, provided that it is not in probationary stage.

§ First the licence that it treats the caput of this article will have duration of three consecutive years, extended for equal period, vetoed to its interruption, at the request or in the interest of the administration.

§ 2nd At the discretion of the administration, the licence may be granted in act of the governing body of the sectoral or sectional body of the Civil Personnel System of the Federal Administration-SIPEC, which is expected to contain, in addition to the functional data of the server, the period of the license, upon publication in internal bulletin.

§ 3rd The server that requires the licence encouraged without pay is to remain in exercise until the date of the start of the licence.

Art. 9th It is vetted the granting of the incentivised leave without remuneration to the server:

I-accused in syndication or disciplinary administrative process until their final judgment and fulfilment of the penalty, if it is the case; or

II-that is effecting repositions and indemniations to the erarium, save in the hypothesis where it proves the total discharge of the debit.

Single paragraph. It will not be granted the licence that it treats art. 8th to servers who find themselves regularly licensed or estranged, or those who return before the remainder of the deadline set in the act of granting the license to address private interests, on the grounds of art. 91 of the Act in the 8,112, from 1990.

Art. 10. The licensed server on the grounds of art. 8th will not, within the framework of direct, municipal or fundable public administration of the Powers of the Union:

I-exercise office or trust function; or

II-be hired temporarily, to any title.

Art. 11. The accumulated leave of the server who has been granted the leave encouraged without pay will be indemnished and, in the holiday hypothesis concerning the exercise in which the start of the permit occurs, in the proportion of a twelve avos per month worked or fray greater than fourteen days, increased from the respective additional vacations.

TITLE IV

OF INCENTIVES AND REMUNERATION

CHAPTER I

OF THE INCENTIVES TO ACCESSION

Section I

Incentives to Accession to the PDV

Art. 12. To the server that accede to the PDV, by September 3, 1999, will be granted, as a financial incentive title, compensation corresponding to an entire and twenty-five hundrsth of the remuneration per year of effective exercise in public administration direct, municipal or fundable federal.

§ 1st Observed the provisions of the art. 21 and its § First, the calculation of the indemnity shall be effected on the basis of the remuneration to which it makes jus the server on the date on which the exoneration act is published.

§ 2nd will be considered as time of effective exercise in the federal public service, for the purposes of this article, the period in which the server has been in availability.

§ 3rd The payment of the indemnity will be made by deposit into account-current in up to ten working days, numbered the date of the publication, in the Official Journal of the Union, of the server exoneration act.

§ 4th The calculation of the indemnity is to be effected by the Pay Unit of the organ or of the entity to which the server is bound by specific module in the Integrated Human Resource Administration System-SIAPE.

§ 5th The indemnity of which treats the caput is due, too, on fraction of year, calculated proportionally per month of effective exercise.

§ 6th Fazem jus to the indemnity that it treats § 5th all the servers that have joined the PDV instituted by this Interim Measlant.

Art. 13. To the server that adhere to the PDV will be:

I-paid in a single plot the liability corresponding to the extension of the twenty-eight comma eighty-six percent advantage referred to in the Interim Measles No. 2.169-43, of 24 of August 2001, on the same date on which it is paid the financial reckoning that it treats art. 15.

II-assured participation in training program directed towards the qualification and relocation of citizens in the labour market, under the coordination of the Ministry of Planning, Budget and Management and of the National School of Public Administration-ENAP.

Single paragraph. To the server who, until September 3, 1999, join the PDV, will also be assured:

I-the participation in training program, until January 30, 2000, with the aim of preparing it for opening up its own venture, under the coordination of the Ministry of Planning, Budget and Management and ENAP; and

II-the granting of credit line, until July 31, 2000, for opening or expansion of venture, limited to R$ 30,000.00 (thirty thousand reais), as per regulation.

Art. 14. In the hypothesis of new admission into direct, municipal and fundraising federal public administration, the time of effective exercise in the public service considered for ascertaining the incentive, pursuant to this Interim Measure, will not be able to be reused to the same end or to the granting of any benefit or advantage under the same or identical grounds.

Art. 15. To the server joining the PDV will be indemnified, up to the date of payment corresponding to the month of subsequent competence to that of the publication of the exoneration act, the holiday and the Christmas gratification commensurate to which it is entitled.

Section II

Incentives to the Reduced Work Journey with Proportional Remuneration

Art. 16. To the server that manifits option, until September 3, 1999, by the reduction of working journey with proportional remuneration will be ensured the provisions of the inciso I of the single paragraph of the art. 13, and the granting of credit line, by July 31, 2000, for opening or expansion of venture, limited to R$ 10,000.00 (ten thousand reais), as per regulation.

Single paragraph. To the server benefited by the line of credit that it treats the caput of this article is vetted the reversal of the reduced journey in full before completing the minimum period of three years.

Art. 17. The server may, during the period in which it is subjected to the reduced journey, exercise trade and participate in management, administration or tax advice or administration of mercantile or civil societies, provided that there is compatibility of time with the exercise of the office.

§ 1st The prerogative that it treats the caput of this article does not apply to the server that accumulates professorship with another related technician in the incisos I to VI of the art caput. 3rd or in § 2nd of the same article.

§ 2nd To the servers of which it treats the caput of this article apply the provisions contained in the art. 117 of the Act No. 8,112, of 1990, to the exception of the prohibition contained in its inciso X.

Section III

Incentives to Leave without Remuneration

Art. 18. The incentive in sinunique will be paid in full to the licensed server without pay, until the last working day of the subsequent competence month to what is published the initial grant act, and in the subsequent month to what is published the act of prolongation of the license for another three years, when it is the case.

Art. 19. To the server that manifested option, until September 3, 1999, by the licence encouraged without pay will be assured of the provisions of the incisos II of the art caput. 13 and I of the single paragraph of the same article, and the granting of credit line, by July 31, 2000, for opening or expansion of venture, limited to R$ 15,000.00 (fifteen thousand reais), as per regulation.

Art. 20. The provisions of the art apply. 17 to the server that is away by virtue of paid leave without pay, except the requirement for time compatibility with the exercise of the office.

CHAPTER II

OF THE CONCEPT OF REMUNERATION

Art. 21. It is considered remuneration, for the calculation of the proportionality of the reduced journey and the incentive in barring the license of which it treats the art. 8th, the basic salary, plus the permanent pecuniary advantages set out in law, the additional ones of individual character, or any advantages, including personal ones and those concerning the nature or place of work, excluded:

I-the additional by the provision of extraordinary service;

II-the additional nightly;

III-the additional of insalubrity, of periculousness, or by the exercise of penacious activities;

IV-the additional vacation;

V-the Christmas gratification;

VI-the salarium-family;

VII-the funeral;

VIII-the birth stamp;

IX-the food stamp;

X-the food stamp-transport;

XI-the aid preschoire;

XII-the indemniations;

XIII-the daily ones;

XIV-the cost aid in the reason of change of headquarters; and

XV-the costing of housing.

§ First Applies the concept of remuneration to which refers to the caput of this article for the purposes of calculating the severance of the PDV, excluded, yet, the consideration for the exercise of function or direction of direction, heads or advising.

§ 2nd In the hypothesis of advantage incorporated to the remuneration of the server by virtue of judicial determination, it will only be computed, for purposes of calculating the indemnity of the PDV and the incentive of the license without pay, those arising from a judicial decision carried on trial, observed, in any case, the exclusions provided for in this article.

§ 3rd The remuneration of which it treats this article will not be able to exceed, the any title, the value due, in kind, to the Ministers of State, pursuant to the Act no 8,852, of February 4, 1994.

TITLE V

OF THE FINAL PROVISIONS

Art. 22. The compensation of the PDV and the incentive of the unpaid leave of which they treat the arts. 12 and 18 will be exempted from social contribution to the public servant's own pension scheme and income tax, and costed to the account of budget allocations intended for the expenditure on personnel and charges of the organ or entity of the direct federal public, municipal or fundable administration to which binds the server that adhere to the PDV, supplemented if necessary.

Art. 23. They become extinct the posts that wander in exoneration from the servers that join the PDV.

Art. 24. It is the Office of Human Resources, the Ministry of Planning, Budget and Management, tasked with coordinating, within the framework of direct, municipal and fundable public administration, the PDV, and may, for so much, convene servers and requisite equipment and facilities of organs and entities of the federal administration, with charges for the organ of origin.

Art. 25. The occupant server of charge or direction function, managerial or advisor should be exonerated or waived from the reduction of the journey with proportional remuneration or the furlary leave encouraged without pay.

Art. 26. Stay the closed entities of private foresight authorized to keep the servers that join the PDV, as well as the departed servers by virtue of paid leave without remuneration tied to their previdential and assistive plans, upon conditions to be repaced between the parties and without any burden to the direct, local, municipal or fundable federal public administration.

Single paragraph. In the hypothesis of reduced journey of work with proportional remuneration, the participation of the bodies or entities of the direct, municipal or parent federal public administration, in the health or supplementary pension plans of the entities closed from private foresight, should also be reduced in the same proportion.

Art. 27. The Federal Office of Control of the Ministry of Finance shall scrutinise compliance with the provisions contained in this Provisional Measure.

Art. 28. They will be able to be accepted, exceptionally, administrative arrangements and court transactions of which they treat the arts. 6th and 7th of the Provisional Measure no 2.169-43, of 2001, firmed until August 31, 1999, the payment of the first instalment in the month of October 1999.

Art. 29. It is authorized to open line of credit, through the Banco do Brasil S.A., worth up to R$ 90,000,000.00 (ninety million reais), with resources from the National Development Fund-FND, with the aim of providing assistance technique and creditworthiness to microenterprises and small-sized companies constituted as individual firm or who have as the partners servers of the direct, local, municipal public administration that joined the PDV, the journey of work reduced with proportional remuneration and leave without pay, with payment of incentive in barring, pursuant to this Interim Measur.

Single paragraph. The financing operations of which it treats this article will be awarded with up to fifty per cent risk from the National Treasury, through the Guarantee Fund for Promotion of Competitiveness-FGPC, created by the Act No 9,531, of December 10 of 1997.

Art. 30. The conditions of allocation and reimbursement of the resources of which it treats art. 29 should comply with the resourmet conditions of resources established by the FND to their agents.

Art. 31. The FGPC will be able, in exceptional character, to secure in up to fifty percent the financing operations granted by the Bank of Brazil S.A., of which it treats art. 29 of this Interim Measuring, save when the transaction involves, in addition to the FGPC, other guarantees with public resources, hypothesis where the total guarantee limit could be up to one hundred percent.

Art. 32. Stands the Banco do Brasil S.A. authorized to hire the Brazilian Micro and Small Enterprises Support Service-SEBRAE for the realization of the servers ' capacity-building program, as provided for in this Interim Measment.

Art. 33. The Ministries of Planning, Budget and Management and Finance will expeditiate the acts that are necessary to the execution of the provisions of this Interim Measurer.

Art. 34. They are convalidated the acts practiced on the basis of the Provisional Measure no 2.174-27, of July 26, 2001.

Art. 35. This Interim Measure takes effect on the date of its publication.

Brasilia, August 24, 2001; 180th of the Independence and 113th of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Martus Tavares