Advanced Search

Decree No. 4121, Of 7 February 2002

Original Language Title: Decreto nº 4.121, de 7 de Fevereiro de 2002

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 4,121, OF February 7, 2002.

Approves the Regimental Structure and the Demonstrative Framework of the Commissioned Cargos and the Technical Commissioned Positions of the National Film Agency-ANCINE, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attributions that confers it on art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 70 of the Provisional Measure no 2.228-1, of September 6, 2001,

DECRETA:

Art. 1 Stay approved the Regimental Structure and the Demonstrative Framework of the Commissioned Cargos and the Cargos Technical Commissioners of the National Cinema Agency-ANCINE in the form of the Annexes I and II to this Decree.

Art. 2th The ANCINE internal regiment will be approved by its Colegiated Board and published in the Journal Union Officer, within up to sixty days, counted from the date of publication of this Decree.

Art. 3th The beginning of the exercise of the competences of ANCINE will give itself from the publication of this Decree.

Art. 4th It is created Transition Group tasked with preparing the operational transfer of part of the activities of the Office of the Audiovisual of the Ministry of Culture to the ANCINE, notably those concerning the registration of works and contracts, the issuance of certificates and the analysis of projects based on the Laws nos 8,685, of July 20, 1993, and 8,313, of December 23, 1991, with views to ensure that there is no disruption or injury to the said activities, which will continue to be performed by the Registry of the Audiovisual of the Ministry of Culture until they are expressly transferred.

§ 1 The Transition Group will be formed by six members, three nominated by the Director-President of ANCINE and three by the Secretary of the Audiovisual of the Ministry of Culture.

§ 2th The Transition Group is to refer to the Civil House of the Presidency of the Republic proposals for acts to viabilize the transfer of the skills provided in the arts. 66, inciso I, 67 and 69, single paragraph, of the Provisional Measure no 2.228-1, of September 6, 2001.

§ 3o The Transition Group extinguishes itself automatically on September 5, 2002.

Art. 5th This Decree comes into effect on the date of its publication.

Brasilia, February 7, 2002; 181o of Independence and 114o of the Republic.

FERNANDO HENRIQUE CARDOSO

Martus Tavares

Pedro Parente

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL FILM AGENCY

Chapter I

DA NATURE, HEADQUARTERS AND PURPOSE

Art. 1th The National Bureau of Cinema-ANCINE, special municipality, created by art. 5o of the Provisional Measure no 2.228-1, of September 6, 2001, with administrative and financial autonomy, linked to the Ministry of Development, Industry and Foreign Trade, headquarters and venue in the Federal District and office central in the city of Rio de Janeiro, it is for the purpose of promoting regulation, surveillance and fostering of film and videographical activities, in accordance with the established in the legislation and the policies and guidelines emanating from the Council Top of the Cinema.

Single paragraph. The Ministry of Development, Industry and Foreign Trade will supervise the activities of ANCINE, and may conclude management contract.

Chapter II

OF THE GOALS AND COMPETENCIES

Art. 2th The ANCINE will have for goals:

I-promoting the national culture and the Portuguese language upon stimulus to the development of the national film and videographic industry in its area of acting;

II-promoting the programmatic, economic and financial integration of industry-related government activities cinematic and videographical;

III-increase the competitiveness of the national film and videographic industry by fostering production, distribution and display in the various industries;

IV-promoting the self-sustainability of the national film industry aiming at increasing production and display of Brazilian cinematographic works;

V-promoting the articulation of the various links of the productive chain of the national film industry;

VI-stimulating the diversification of national film and videographic production and the strengthening of independent production and regional productions with views to the increment of its offering and to the permanent improvement of its quality standards;

VII-stimulate the universalization of access to cinematographic and video-based works, in particular national ones;

VIII-guarantee the diversified participation of foreign cinematographic and videographical works in the Brazilian market;

IX-guarantee the participation of the cinematographic and videofhonographic works of national production in all segments of the domestic market and stimulate it in the external market;

X-stimulation of human resources empowerment and technological development of the film and videofhonographic industry national; and

XI-ensure respect for the copyright on national and foreign audiovisual works.

Art. 3th ANCINE will have the following competencies:

I -carry out the national policy of fostering cinema;

II-scrutinizing compliance with legislation regarding national and foreign film and video-game activity in the various segments of markets, in the form of specific decree;

III-promoting the combating of piracy of audiovisual works, including in articulation with government bodies and private associations;

IV-apply fines and sanctions, in the form of the law;

V-regular, in the form of the law, the activities of fomenting and protecting the national film and videophone industry, resguarding the free manifestation of thought, creation, expression and information;

VI-coordinate government actions and activities regarding the film and video-game industry, reaped the competencies of the Ministries of Culture and Communications;

VII-articular with the competent bodies of the federated people with views to optimize the achievement of their goals;

VIII-managing programs and mechanisms of fostering the national film and videophone industry;

IX-establish criteria and guidelines for the application of fomenting resources and funding to the national film and videographic industry;

X-promoting the participation of cinematographic works and national videographers at international festivals;

XI-approve and control the execution of production projects, co-production, distribution, display, and technical infrastructure to be carried out with public resources and Tax incentives, the competences of the Ministries of Culture and Communications;

XII-provide the Brazilian Product Certificates to the cinematographic and videographical works;

XIII-provide Certificate of Registration of the production contracts, co-production, distribution, licensing, assignment of rights of exploration, vehiculation and display of cinematographic and videofonographic works;

XIV-manage the Information and Monitoring System of the Cinematographic and Videophonographic Industry in its various means of production, distribution, display and diffusion;

XV-articulate with organs and entities aimed at fostering production, programming and distribution of cinematographic and videographical works of the Mercosur member states and too many members of the international community;

XVI-providing support technical and administrative to the Higher Council of Cinema;

XVII-raising and scrutinizing the Contribution to the Development of the National Motion Picture Industry-CONDECINE;

XVIII-establish criteria and general guidelines for the surveillance of the application of the resources of the National Film Development Support Program-PRODECINE;

XIX-approve and control the execution of works marketing projects cinematographic and Brazilian videographers of independent production to be carried out within the framework of PRODECINE;

XX-to infer, semestrally, the fulfillment of the obligatory of the proprietary, locatary companies or lounges of rooms, spaces or commercial public display venues exhibit Brazilian film works of long films; and

XXI-update, in line with technological developments, the definitions referred to in the art. 1o of the Interim Measase no 2.228-1, from 2001.

Chapter III

OF THE ORGANIZATIONAL STRUCTURE

Art. 4th The ANCINE will have the following organizational structure:

I-Directoria Colegiada;

II-Cabinet;

III-Ouvidoria-Geral;

IV-Internal Audit;

V-Procuratorate-General;

VI-Secretary of Internal Management; and

VII ? Superintendencies.

Chapter IV

DIRECTION AND NOMINATION

Art. 5th The ANCINE will be directed at collegiate regime by a board comprised of a Director-President and three Directors, with non-coincidental terms of four years, being admitted to redriving.

§ 1th The Directors will be appointed by the President of the Republic, after approval by the Federal Senate, to serve four-year, non-coincidental terms, under the terms of point (f) of the inciso III of the art. 52 of the Federal Constitution.

§ 2th The Colegiated Directorate shall annually propose one of its members to assume the Chair in the eventual absences and impediments of the Director-President, competing with the Minister of State of Development, Industry and Foreign Trade submit the proposal to the approval of the President of the Republic.

§ 3 To the former leaders of ANCINE applies the provisions of the art. 8o of the Law no 9,986, of July 18, 2000.

§ 4th The ANCINE leaders will only lose the mandate on tenure of resignation, of judicial conviction transitioned on trial or from proceedings disciplinary administrative.

Chapter V

OF THE COMPETENCIES OF THE ORGANS

Art. 6th It is incumbent on the Colegified Directorate:

I-to exercise the administration of ANCINE;

II-deliberating and deciding on the competency matters of ANCINE;

III-pass the standards general and human resource policies, respected legislation in force;

IV-edit standards on matters of its competence;

V-approve the internal regiment of ANCINE;

VI -comply with and enforce the policies and guidelines approved by the Superior Council of Cinema;

VII-deliberation on ANCINE's budget proposal;

VIII-determine the disclosure of reports half-yearly on the activities of ANCINE;

IX-decide on the sale, assignment or rental of ANCINE's equity goods;

X-notify and apply the sanctions provided for in the legislation;

XI-judging appeals against decisions by members of the Colegified Board;

XII-authorize the hiring of third-party service in the form of the current legislation;

XIII- authorize the conclusion of contracts, arrangements and agreements; and

XIV-decide on the installation of regional administrative units.

§ 1th The Colegiada Directorate shall meet with the presence of, at least, three Directors, among them the Director-President, and shall act by a simple majority of votes.

§ 2th The Colegiated Board may distribute, among its members, the responsibility for the Superintendances of the ANCINE, delegating to them, in whole or in part, their respective executive and decision-making functions.

Art. 7th To the Cabinet competes:

I-attend the ANCINE's Chief Executive Officer in its social and political representation;

II-tasked with the prepared-and-dispatch of your personal expedient; and

III-plan, coordinate and supervise the activities of social communication, parliamentary support and, still, publication, dissemination and follow-up of ANCINE's matters of interest.

Art. 8th À Ouvidoria-General competes:

I-receive requests for information, clarifications, and complaints affections to ANCINE and respond directly to those interested; and

II- produce semestically, and when to judge timely, circumstantiate reporting of your activities and refer you to the Collegiate Directorate.

Art. 9 To Internal Audit competes:

I-scrutinize the budgetary, financial, administrative, accounting, personnel and equity management and too many administrative and operational systems of ANCINE;

II-elaborate report of the audits carried out, proposing preventive measures and corrective of the deviations detected, if any, by forwarding it to the Colegiated Board; and

III-responding by systematization of the information required by the Federal Government's control bodies.

Art. 10. It competes with the Attorney General:

I-perform the consultancy and legal advising activities of ANCINE;

II-judicially represent ANCINE;

III-elaborate or examine normative acts and other acts pertaining to ANCINE's acting;

IV-issue legal opinions;

V-orient, coordinate, supervise and follow up legal and regulatory matters of liability of ANCINE;

VI-analyze and guide as to the application of the legislation of the copyright and its violation;

VII-provide the Advocate-General of the Union and the Attorney General of the National farm the elements necessary for the defence of the Union in disputes arising from the application of the relevant legislation;

VIII-judicially represent the occupiers of positions and direction functions, including after the cessation of the respective exercise, with reference to acts carried out on the basis of its legal or institutional assignments, adopting, including, the appropriate judicial measures, in the name and in defence of the represented; and

IX- other assignments defined in the internal regiment.

Art. 11. The Office of Management Internal competes:

I-assist the Colegiated Board in controlling the management of ANCINE;

II-follow up the sectoral actions plans of ANCINE's units;

III-coordinate the elaboration of the management reports related to the activities of ANCINE;

IV-coordinate the informatization activities of ANCINE and the maintenance of the system;

V- coordinate the financial and administrative planning process of ANCINE;

VI-coordinate the evaluation system of ANCINE's organizational processes;

VII-carry out the activities of General Directorate of the Colegiated Directorate;

VIII-overseeing the actions of the units responsible for human, financial and administrative resources of ANCINE; and

IX-other defined assignments in the internal regiment.

Art. 12. To Superintendences competes:

I-plan, organize and execute the operational activities of ANCINE with views to the fulfillment of its objectives, in the form of the deliberations of the Colegiated Directorate and in consonance with the policies and guidelines approved by the Higher Council of Cinema;

II-forward to the collegiate Directorate the pertinent subjects for analysis and deliberation;

III-integrate their activities with views to the good performance of the competences of ANCINE.

Chapter VI

OF THE ASSIGNMENTS OF THE LEADERS

Art. 13. It is incumbent on the Director-President:

I-to exercise the legal representation of the ANCINE;

II-chair the meetings of the Colegiated Board;

III-comply and enforce the decisions of the Board Collegiate;

IV-expedited the administrative acts of incumbency and competence of ANCINE;

V-exercise the quality vote, in the event of a tie in the deliberations of the Colegiated Board;

VI-hire, appoint, exonerate and fire servers and employees;

VII-approve bid editions and homologate adjudications;

VIII-approve edital and homologate results of public tenders;

IX-overseeing the functioning of ANCINE;

X-forwarding to the Ministry of Development, Industry and Foreign Trade the budget proposal of ANCINE;

XI-sign contracts, agreements and arrangements, previously approved by the Colegiated Board;

XII-order expenses and practice acts of management of budget, financial and administration resources;

XIII-suggest the purposeful of public civil action by ANCINE, in the cases provided for in law;

XIV-exercise the function of Chief Executive Officer of the Higher Council of Cinema; and

XV- other assignments defined in the internal regiment.

Art. 14. They are common assignments to the Directors:

I-comply and enforce the regulatory provisions within the framework of the ANCINE assignments;

II-practise and exclaim the administrative management acts in the scope of its assignments;

III-contribute grants for proposal of adjustments and modifications to the legislation necessary to modernize the institutional environment of acting ANCINE;

IV- exercise the executive and decision-making functions delegated to them by the Colegified Directorate, regarding the Superintendencies of ANCINE under their responsibility;

V-making compliance with the decisions taken by the Directorate Collegiate;

VI-referred to the deliberation of the Board Colegiate the proposed budget of the units under its responsibility;

VII-report to the Board Colegiada the subjects of the respective Superintendencies under their responsibility; and

VIII-other assignments defined in the internal regiment.

Art. 15. To the Chief of Staff, the Ouver-General, the Auditor-in-Chief, the Attorney General, the Secretary of Internal Management, the Superintendents and the remaining leaders is to plan, direct, coordinate, guide, monitor and evaluate the implementation of the activities of their respective areas of competence and exercise other assignments that are committed to them.

Chapter VII

OF THE PROVISIONS GENERAL AND TRANSITIONAL

Art. 16. The internal regiment will have on the structuring, competences and tasks of the administrative units components of the organizational structure of ANCINE.

Art. 17. During the first twelve months, counted as of September 5, 2001, ANCINE will be bound to the Civil House of the Presidency of the Republic, which will respond by its supervision in that period.