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Provisional Measure No. 86 Of December 18, 2002

Original Language Title: Medida Provisória nº 86, de 18 de Dezembro de 2002

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INTERIM MEASURE N. 86? FROM December 18, 2002

Altera devices from the Law No. 8,745, of December 9, 1993, and of Law No. 10,470 of June 25, 2002, creates effective posts, commissioned posts and gratuities within the Federal Public Administration, and gives other arrangements.

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

Art. 1º The Law No. 8,745, of 9 of December 1993, passes the invigorate with the following changes:

?Art. 2º .......................................................................................................................................

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VI- .............................................................................................................................................

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h) specialized techniques, in the framework of projects aimed at the range of strategic objectives envisaged in the Multiannual Plan.

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§ 3º The hires referred to in point? h? of the inciso VI will be made exclusively by project, vetted the harnessing of the contractors in any area of the public administration.? (NR)

?Art. 3º .......................................................................................................................................

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§ 3º The hiring of personnel in the case of inciso VI point? h?, will be done by simplified selective process observed criteria and conditions established by the Executive Power.? (NR)

?Art. 4º The hiring will be made for a definite time, observed the following maximum deadlines:

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IV? up to four years, in the cases of the inciso V and the points?,? b?,? c?,? e?,? e?,? f? e?,? f? e? g? of the inciso VI of the art. 2º, and

V? up to three years, in the case of point? h? of the inciso VI of the art. 2º.

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§ 8º In the case of point? h? of the inciso VI of the art. 2º, contracts may be extended by up to two times, provided that the total period does not exceed five years.? (NR)

?Art. 5º A. Organs and contracting entities shall refer to the Human Resources Secretariat of the Ministry of Planning, Budget and Management, for control of the provisions of this Act, synthesis of the effective contracts.? (NR)

?Art. 7º .......................................................................................................................................

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§ 1º For the effects of this article, do not consider themselves the advantages of nature individual of the occupant servers taken as a paradigm.

§ 2º Caberá to the Executive Power set the remuneration tables for the hiring hypotheses provided for in paragraph? h? of the inciso VI of the art. 2º.? (NR)

?Art. 12. ......................................................................................................................................

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III? by the extinction or completion of the project, defined by the contractor, in the cases of point? h? of the inciso VI of the art. 2º.

§ 1º The extinction of the contract, in the cases of the incisos II and III, will be communicated in the minimum advance of thirty days.

........................................................................................................................................................... (NR)

Art. 2º O § 2º of art. 1º of Law No. 10,470 of June 25, 2002, passes the invigoration with the following essay:

? § 2º The lecturer of the career of Mystery, an integral part of the Single Plan of Classification and Retribution of Cargos and Jobs, referred to in Law No. 7,596 of April 10, 1987, submitted to the Exclusive Dedication Scheme, will be able to occupy Direction Cargo? CD or Gratified Function? FG, in the Federal Institutions of Teaching, we provide you with opting, when occupant of CD, under the terms of point? c? of the inciso III of § 1º of art 1º of this Law.? (NR)

Art. 3º Regulatory Agencies already installed will be able to, in exceptional character, observed the budget availability, extend the temporary employment contracts in force, from the maturity of each contract, for time determined and observed the maximum term of twelve months, provided that its duration, included the extension, does not exceeds June 30, 2004.

Art. 4º Ficam created in the National Insurance Institute's Office of Personnel Social? INSS, in the Previdentiary Carrier of which it treats Law No. 10,355, of December 26, 2001, three thousand and eight hundred effective posts, being one thousand five hundred and twenty-five of Analyst Previdential Analyst, and two thousand and two hundred and seventy and five of the intermediate level Previdential Technician, and in the Auditoria-Fiscal Career of Social Security, of which it treats Law No. 10,593, of December 6, 2002, eight hundred effective posts of Auditor-Fiscal of Social Security, for provement to from the financial year 2003.

Art. 5º The posts of Previdential and Technical Analyst, created in the form of this Provisional Measure, have the following assignments:

I? Analyst Previdential:

a) instruct and analyze previdential, maintenance and revision processes and calculations of rights to the receipt of pension benefits;

b) analyze the registration of operations and routines accounting;

c) proceed to the previdential orientation and service to the users;

d) carry out technical and statistical studies; and

e) perform, in general character, the remaining activities inherent in the competences of the INSS; and

II? Previdential Technician: support and technical support specialized to the competency activities of the INSS.

Para. single. The Executive Power will be able to have a complementary form on the assignments arising from the activities to which the incisos I and II refer to.

Art. 6º The ticket in the positions of Previdential Analyst and previdential Technical Coach will always give in the first standard of the job's initial class, upon habilitation in public tender specific evidence or evidence and titles.

§ 1º The contests could be carried out by area of expertise, as we dispose of the certame's opening edict.

§ 2º Are schooling requirements for admission to the posts actuals referred to in the caput.

I? full top course, for the job of Analyst Previdential; and

II? completed high school course or equivalent technical course, for the job of the Previdential Technician.

Art. 7º Apply to the posts referred to in art. 5º of this Provisional Measure the arts. 2º, 3º, 4º, 5º, 6º, 7º, 8º, 9º and 10 of Law No. 10,355, 2001.

Art. 8º Ficam created in the Personnel Table of the Securities Commission? CVM, what about the Vote of the National Monetary Council? CMN No. 401, of January 28, 1987, thirty-five posts of Inspector and fifty and nine of Analyst of the Securities Commission, of top level.

Art. 9º Ficam created one thousand and six hundred effective posts of Information Analyst, of top level, and three hundred effective posts of Information Auxiliary, intermediate level, in the Staff Table of the Brazilian Intelligence Agency? ABIN, for gradual provisioning, starting from 1º January 2003, in percent that does not exceed, annually, at ten percent of the total posts being created.

Art. 10. They are set up, within the framework of the Ministry of Education:

I? four hundred and fifteen effective positions of Professor of the Higher Mystery Career, destined for redistribution to the Federal University of the Valley of the San Francisco Valley and to the Federal University of the Tocantins Foundation, in the proportion of three hundred and fifteen for the first and a hundred for the second; and

II? six thousand positions of Administrative Technician, as discriminated against in Annex I, intended for redistribution to the federal higher education institutions, for composition of the work force of the teaching hospitals to those linked.

Paragraph single. They apply to the posts referred to in caput the provisions of the Single Plan of Classification and Retribution of Cargos and Jobs, of which it treats Law No. 7,596 of April 10, 1987, and thus the legal regime imposed by Law No. 8,112, of December 11, 1990.

Art. 11. The Executive Power will edit, within ten days of the publication of this Provisional Measure, act of extinguishing effective positions currently vacant within the framework of the Federal Public Administration, the amount of remunerations amounting to, at the very least, the equivalent to that of the effective posts ora created, taking itself as the basis of the initial class and pattern of the careers and job plans involved.

§ 1º For the purposes of the equivalence of the expenditure regarding the posts created in the form of the inciso I of art. 10, will be considered the remuneration due to the Deputy Professor I, holder of the doctoral degree title, with journey of forty weekly hours.

§ 2º It is vehement of any effective post created pursuant to this Interim Measment until the act referred to in the caput of this article is published.

Art. 12. Are they created, within the framework of the Federal Executive Power, for use in the structuring of the National Department of Transport Infrastructure? DNIT, eighty posts in committee of the Group-Direction and Higher Advising? DAS, thus distributed: eleven DAS? 4, forty and one DAS? 3, fifteen DAS? 2, and thirteen DAS? 1.

Art. 13. They are set up within the Ministry of Defence:

I? a post of Special Secretary Executive; and

II? thirty posts in committee of the Group-Direction and Higher Advising? DAS, thus distributed;

a) two DAS? 3 and ten DAS? 4, for the Department of Civil Aviation? DAC, from the Command of Aeronautics; and

b) fourteen DAS? 5 and four DAS? 4, for the Institute of Fomento and Industrial Coordination? IFI, of the Aeronautics Command.

Single paragraph. The posts of which they deal with points? e? b? of the inciso II of this article will be automatically extinguished when the installation of the National Civil Aviation Agency, of which it treats art. 21 of the Supplementary Law No. 97, of June 9, 1999.

Art. 14. Are they set up, within the framework of the Federal Executive Power, seven posts in committee of the Group-Direction and Higher Advising? DAS, being two DAS? 4, two DAS? 2 and three DAS? 1, for use in the form of the provisions of Law No. 7,474, of May 8, 1986.

Art. 15. Are Temporary Gratuities created in the values and quantitative constants of Annex II to this Provisional Measure, named Temporary Gratification SIPAM? GTS, due to servers requisitioned or designated by the Civil House of the Presidency of the Republic to have exercise in the Regional Centres of the Amazon Protection System? SIPAM, without prejudice to the full remuneration relating to your job title or employment.

§ 1º The gratuities of which it treats the caput will not be paid cumulatively with damages regarding the locality, cost aid, re-salvaged in this case the provisions of § 3º of this article, housing stamp, commissioned positions or trust function, and do not incorporate themselves to the orderings of retirement or pension and nor will they serve as a basis of calculation for any advantage.

§ 2º The server it treats the caput will not make jus a daily during its stay at the Regional Centre for which it has been assigned, ressaved eventual displacement out of the exercise locality.

§ 3º Only in the case of requisition the server will make jus the cost aid.

§ 4º The occupant of charge in commission or requisite trust function or designated in the form of the caput should opt for GTS or by the remuneration of the office in commission or trust function that it occupies.

Art. 16. They are set up, within the framework of the Civil House of the Presidency of the Republic, fifteen Confidence Cargo Exercise Degrees due to servicemen, being three from Group B, three from Group C, six from Group D and three from Group E, for use in the activities of the Amazon Protection System? SIPAM.

Art. 17. The contribution to the military pension of the military of the Federal District, the former Federal District and the former Federal Territories of Amapá and Roraima, concerning the active-duty military, those of the paid reserve and the retirees, will be of seven comma five percent of the proceeds or installments of the remuneration that are embeddable to the likely.

Single paragraph. The provisions of the caput apply to the military of the ex-Federal Territory of Rondônia.

Art. 18. The Functional Incentive of which they treat Law No. 6,433 of July 15, 1977 and the Decree-Law No. 2,195 of December 26, 1984 will continue to be due to the members of the Sanitarist Functional Category, by the mandatory performance of the activities with full and exclusive dedication.

Art. 19. The restriction that it treats the § 1º of the art. 58 of the Provisional Measure No. 2.229-43 of September 6, 2001, made to the occupants of structured effective positions in careers does not apply to the servers covered by Law No. 10,355, 2001.

Art. 20. The period of removal of the server to serve in an international body, of which Brazil participates or with which coopere, maintained the bond with the own regime, shall be considered for the purposes of the interstd required for incorporation to the orderings of retirement or pension of advantage arising from gratuities by performance or productivity, within the framework of the Federal Public Administration, considering itself as scoring of the period of removal to which it comes to be obtained by the server in the first assessment process completed upon your return to the exercise of the effective post.

Art. 21. The departed or licensed server of the effective office, with no right to remuneration, including to serve on the international official body of which, Brazil is an effective member or with which coopere, yet contribute to social welfare regime abroad, it will have suspended its bond with the Public Server Social Security Plan regime while it lasts for the remoteness or the license, not watching them, in this period, the benefits of the aforementioned provident regime.

§ 1º Will be assured of the licensed server or sidelined without remuneration to the maintenance of the linking to the Plan of Social Security of the Public Server, upon the monthly pick-up of the respective contribution, in the same percentage due by the servers in activity, incident on the total remuneration of the post to which it does jus in the exercise of its assignments, computing, for that purpose, including, the personal advantages.

§ 2º The pick-up of which treats § 1º shall be effected until the second business day after the date of payment of the remunerations of the public servants, applying the procedures for collection and execution of the federal tributes when not collected on the due date.

Art. 22. The values of Gratification by Special Operations? GOE, of which they treat the arts. 1º, 2º and 3º of the Provisional Measure No. 2.184-23 of August 24, 2001, constitute the basis of calculation for the gratuities and indemnification that make up the remunerative structure of the members of the careers to which the mentioned articles are referred.

Art. 23. This Interim Measure shall come into force on the date of its publication.

Art. 24. Are they revoked at point (c)? of the inciso VI of the art. 2º of Law No. 8,745 of December 9, 1993, the arts. 5º, 6º, 9º, 25 and 26, and the § 2º of the art. 11 of Law No. 9,625, of April 7, 1998, and the art. 11 of Law No. 10,355, of December 26, 2001.

Brasilia, 18 of December 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Dias

ANNEX I

TECHNICAL-ADMINISTRATIVE POSITIONS OF THE MINISTERIO OF EDUCATION

LEVEL

JOB NAME

QUANTITY

SOCIAL WIZARD.

38

BIOMEDICO

27

SURGEON-dentist

5

NURSING

905

SUPERIOR

PHARMACEUTICALS

71

BIOCHEMICAL PHARMACIST

55

PHYSIOTHERAPIST

44

DOCTOR

1.353

NUTRITIONIST

65

PSYCHOLOGIST

22

SUBTOTAL

2.585

NURSING HELPER

1.544

LABORATORIST-area

11

TECHNICIAN IN ANATOMY AND NECROPSY

5

TECHNICIAN IN NURSING

1.239

INTERMEDIATE

TECHNICIAN IN PHARMACY

60

TECHNICIAN IN LABORATORIO-AREA

300

TECHNICIAN IN NUTRITION AND DIETETICS

49

TECHNICIAN IN RADIOLOGY

196

TECHNICIAN IN MEDICO-DENTAL EQUIPMENT

11

SUBTOTAL

3.415

TOTAL

6,000

ANNEX II

TABLE OF THE SIPAM TEMPORARY GRATUITIES? GTS

LEVEL

QUANTITATIVE

VALOR (In R$)

GTS? 3

15

2,300.00

GTS? 2

35

1,800.00

GRS? 1

40

1,500.00