DECREE NO. 5,616, OF December 13, 2005.

Regulates the Performance Gratification of Mineral Resources Activity-GDARM and the Performance Gratification of Mineral Production Activities-GDAPM of which treats the Law no 11,046, from 27 of December 2004.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of § 3rd of the art. 16 of the Law no 11,046, of December 27, 2004,

DECRETA:

Art. 1º The Performance Gratification of Mineral Resource Activities-GDARM is due to occupants of the posts of the constant careers in the art. 1st of Law No. 11,046, of December 27, 2004, and the Performance Gratification of Mineral Production Activities-GDAPM is due to the servers of the DNPM's Special Plan of Cargos, of which it treats art. 3rd of the said Law, occupiers of the top level positions of Economist, Engineer, Geographer, Geologist, Researcher in Exact and Nature and Chemical and intermediate level of Disenhancer, Technical in Cartography and Technical in Resources Minerals.

Single paragraph. The gratuities referred to in the caput will only be due when the server is in exercise of activities inherent in the assignments of the respective post in the DNPM, noted the provisions of the art. 17 of this Decree.

Art. 2º The GDARM and the GDAPM are for the purpose of encouraging the enhancement of the DNPM actions in their areas of activity and will be granted according to the outcome of the institutional and individual performance evaluations.

§ 1st Institutional performance evaluation aims to affirm the organ's performance in the scope of organizational goals, and may consider projects and activities priority and specific characteristics compatible with the activities of the DNPM.

§ 2nd individual performance evaluation aims to afer the performance of the server in the exercise of the job assignments, with a focus on the individual contribution to the scope of the organizational goals.

Art. 3º The GDARM will be assigned in function of the individual server performance and performance institutional of the DNPM, with observance of the following percentage and limits:

I-until twenty percent, incidents on the basic server maturity, due to the results of the individual performance evaluation; and

II-up to fifteen percent, incidents on the highest basic salary of the job, as a result of the results of the institutional evaluation.

Art. 4º The GDAPM will be assigned in function of the individual server performance and performance institutional of the DNPM, with observance of the following limits:

I-maximum, hundred points per server; and

II-minimum, ten points per server.

Paragraph. single. The value to be paid for the GDAPM title will be calculated by multiplying the sum of the points earned in the institutional and individual performance evaluations by the value of the point set out in Annex VI of the Act no 11,046 of December 27, 2004.

Art. 5º The score referring to GDAPM will have the following distribution:

I-up to fifty and seven percentage points of your maximum limit will be assigned in function of the results obtained in the individual performance evaluation; and

II-up to forty and three percentage points of its maximum limit will be assigned depending on the results obtained in the institutional performance evaluation.

Art. 6º The specific criteria and procedures and the evaluation factors of the institutional performance of DNPM and individual performance should be the object of own regulation, expedited by the Minister of State of Mines and Energy, according to the parameters set out in this Decree.

Art. 7º Institutional performance targets, to be aficially aficially, will be fixed in act of the DNPM Director General and published before the start of the cycle of evaluation.

§ First the institutional performance targets should be fixed taking into consideration the targets of the Multiannual Plan, the priority projects and activities, the special working conditions and the specific characteristics of the DNPM, arising from their location and spatial distribution and the nature of the activities developed.

§ 2nd The institutional performance goals could be magazines in the supervenience of factors that have significant and direct influence on their achievement.

§ 3rd For payment purposes of GDARM and GDAPM, will be defined in the act mentioned in the caput the minimum and maximum fulfillment of the targets, where the assessment institutional will be equal to zero and one hundred, respectively, being the proportionally distributed percentage of gratification in the range.

§ 4th The act to which the caput refers can, for the purposes of operationalization, detail the targets for each assessment unit, provided that the result of this detailing is pertinent to the set of institutional targets set for the DNPM.

§ 5th A competence to detail the institutional targets referred to in § 3rd of this article could be delegated, vetted to sub-delegation.

Art. 8º Individual performance evaluations are to be done on a scale of zero to one hundred points, and they must obey the following:

I-the standard deviation should be greater than or equal to five, and the arithmetic average of the individual evaluations should be less than or equal to ninety and five points, considered the set of evaluations in each evaluation unit; and

II-in the hypothesis of there being evaluation unit with only one member, their individual performance evaluation will not be able to exceed the ninety five points.

Art. 9º For the effects of this Decree, the evaluation units will be defined by the Minister of State for Mines and Energy, and may correspond:

I-to the DNPM as a the whole;

II-to a subset of administrative units of the organ;

III-to an administrative unit.

Art. 10. It will be instituted within the framework of the DNPM, in the act of the Director-General, a performance evaluation committee, with the purpose of judging the interposed resources, as to the outcome of the individual assessment.

§ 1st The composition and the manner of functioning of the committee will be set in act of the Director General of DNPM, and to contemplate the participation of the servers.

§ 2nd Cabe, still, to the committee of performance evaluation, within the framework of the DNPM, follow up on the performance evaluation process and propose the changes deemed necessary to its best operationalization in relation to the established criteria and procedures for the evaluation of individual performance, observed the willing in this Decree.

§ 3rd The final score attributed to the performance evaluation, resulting from the committee's judgment, is expected to meet the criteria set out in the art. 8th of this Decree.

Art. 11. Individual and institutional performance evaluations will be held semestrally and processed in the subsequent month to that of the realization.

§ 1st The server that has remained in exercise for a period of less than two thirds, within an evaluation cycle, will not be assessed individually, owing to observed, for the purposes of payment of GDARM and GDAPM, the provisions of the arts. 14 and 15 of this Decree.

§ 2nd The first evaluation period may be lower than six months, observed the beginning of the second assessment cycle, defined by the Minister of State of Mines and Energy.

Art. 12. The result of the evaluations will have monthly financial effect, per period equal to that of the assessment, beginning in the subsequent month to that of the processing.

Paragraph single. In the application hypothesis of the provisions of § 2nd of the art. 11 of this Decree, the financial effects of the first evaluation cycle will be extended up to the month prior to the start of the subsequent cycle payment.

Art. 13. Until the results of the first performance evaluation period are processed, the gratuities of which it treats the art. 15 of the Act No 11,046, of 2004, will be paid in the values corresponding to:

I-no case of GDARM, twenty percent incidences on the basic maturity of the integral server of the careers to which the incisos I, II, III and IV of the art are referred to. 1st of Law no 11,046, of 2004; and

II-in the case of GDAPM, fifty seven points by active server of the DNPM Cargos Special Plan, occupier of top level of Economist, Engineer, Geographer, Geologist, Researcher in Exact and Nature and Chemical and intermediate level of Disenhancer, Technical at Cartography and Technician in Mineral Resources.

§ 1st The result of the first evaluation generates financial effects from the beginning of the first assessment period, and possible differences paid to the greater or the minor.

§ 2nd The publication date in the Official Journal of the Union of the act of fixing the institutional performance targets constitutes the temporal milestone for the beginning of the period of assessment.

§ 3rd The provisions of this article apply to the occupiers of positions commissioners who make jus à GDARM or GDAPM.

Art. 14. Until it is processed your first individual performance evaluation, the newly appointed server for effective office, the server that has returned from license without maturities or the one that has returned from assignment without right to GDARM's perception or of the GDAPM will make jus at the respective gratification, amounting to fifty percent on the maximum value of the individual plot, plus the value corresponding to the percent ascertained in the institutional evaluation of the period.

Art. 15. In the event of a legal removal deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of GDARM or GDAPM, the server will continue to receive the value to which it does jus in the ongoing period, until it is processed its first evaluation after the return.

Single paragraph. The willing in the caput does not apply to the cases of server assignment.

Art. 16. The effective office holder referred to in the art. 15 of the Act No 11,046, of 2004, in exercise at the DNPM, when invested in office in commission or trust function will make jus à GDARM or GDAPM, respectively, observed the positioning in the table and the effective post occupied by the server, in the following conditions:

I-the occupiers of commissioned positions of Special Nature, DAS-6, DAS-5, or equivalents, will perceive GDARM or GDAPM calculated at its maximum value; and

II-the occupants of commissioned posts DAS-1 to 4 and of confidence function, or equivalents, will perceive up to one hundred percent of the maximum value of GDARM or GDAPM exclusively in the result of the institutional evaluation result.

Art. 17. The effective office holder referred to in the art. 15 of the Act No 11,046, of 2004, which does not find itself in exercise at the DNPM, will make jus à GDARM or GDAPM, observed the positioning in the table and the effective post occupied by the server, in the following situations:

I-when requisitioned by the Presidency or Vice Presidency of the Republic, will perceive GDARM or GDAPM calculated on the basis of the applicable rules as if it were in exercise at the DNPM; and

II-when yielded to organs or entities of the Federal Government, distinct from the nominees in the inciso I of the caput of this article, as follows:

a) the server invested in charge in committee of Special Nature, DAS-6, DAS-5, or equivalents, will perceive GDARM or GDAPM in calculated value based on its value maximum; and

b) the server invested in office in commission DAS-4, or equivalent, will perceive GDARM or GDAPM in the value of seventy five percent of its maximum value.

Art. 18. The holder of the effective office of the DNPM Cargos Special Plan, which comes to be exonerated from office of Special Nature or the Group-Direction and Superiors of Superiors-DAS, if he has remained in office in committee for the minimum two thirds of a complete evaluation period, and the one that comes to be named in the course of the evaluation cycle, will either be jus à GDARM or GDAPM in the period, in value set out in the arts. 16 or 17, as the case.

Art. 19. The holder of the effective pavement office referred to in the art. 15 of the Act No. 11,046, of 2004, exonerated from office in committee in which it remained for a period of less than two-thirds of a full period of evaluation, will be assessed for the purposes of ascertaining the individual assessment parcel.

Art. 20. The change in the value of GDARM and GDAPM arising from appointment or exoneration of office in committee will be given from the period of financial effect of that cycle.

Art. 21. This Decree comes into effect on the date of its publication.

Brasilia, December 13, 2005; 184th of the Independence and 117th of the Republic.

LUIZ INACIO LULA DA SILVA

Silas Rondeau Cavalcante Silva

Paulo Bernardo Silva