Key Benefits:
LEI No. 11,776, OF September 17, 2008.
Disposes on the structuring of the Plan of Carreiras and Cargos of the Brazilian Intelligence Agency-ABIN, creates the Careers of Intelligence Officer, Intelligence Technical Officer, Intelligence Agent and Intelligence Technical Agent and gives other arrangements; and revoke devices of the Laws nos 9,651, of May 27, 1998, 11,233, of 22 of December 2005, and 11,292, of April 26, 2006, and the Leis nos 10,862, of April 20, 2004, and 11,362, of October 19, 2006.
The PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:
CHAPTER I
Scope of Abrangence
Art. 1o This Law provides on the structuring of the Plan of Carreiras and Cargos of the Brazilian Intelligence Agency-ABIN and on the creation of the Carreiras of Intelligence Officer, Technical Officer of Intelligence, Intelligence Agent and Agent Intelligence Technician, in the framework of the ABIN Staff Framework.
CHAPTER II
ABIN's Carreiras and Cargos
Art. 2o It is structured the Plan of Carries and Cargos of the ABIN, composed of the following Carreiras and posts:
I-of top level:
a) Carrier of Intelligence Officer, composed of the post of Intelligence Officer; and
b) Carreira of Technical Intelligence Officer, composed of the post of Technical Intelligence Officer;
II-intermediate level:
A) Carrier of Intelligence Agent, composed of the Intelligence Agent post; and
b) Carrier of Intelligence Technical Agent, composed of the post of the Intelligence Technical Agent;
III-effective proofing positions, of higher and intermediate levels of the Information Group, of which treats the inciso I of the art caput. 2º of Law No. 10,862, of April 20, 2004, of the ABIN Staff Framework; and
IV-posts of effective provement, of upper, intermediate and auxiliary levels of the Supporting Group, of which it treats the inciso II of the art caput. 2o of the Law no 10,862, of April 20, 2004, of the ABIN Staff Framework.
Paragraph single. The posts referred to in the caput of this article are of effective proofing and governed by the Law no 8,112, of December 11, 1990.
Art. 3o The top level, intermediate and auxiliary positions of the ABIN's Cargo Plan and Cargos are grouped into classes and standards, as established in Annex I of this Law.
§ 1o The current posts, occupied and vacant, of Analyst of Information, that it treats the Law no 10,862, of April 20, 2004, passes to name Intelligence Officer and to integrate the Carrier from which it treats paragraph a of the inciso I of the art caput. 2o of this Law.
§ 2o The current posts, occupied and vacant, of Assistant of Information, of which it treats the Law no 10,862, of April 20, 2004, go on to denominate Intelligence Agent and to integrate the Carrier from which it treats the inciso II section of the art caput. 2o of this Law.
§ 3o The change of denomination of the posts referred to in § § 1o and 2o of this article does not represent, for any legal effect, including for retirement effect, discontinuity in relation to the post and assignments developed by its holders.
§ 4o The top level posts of the Group Information of the ABIN vacant Staff Framework on June 5 of 2008 are turned into positions of Intelligence Technical Officer, and the intermediate level posts of the ABIN Vacant Personnel Board Information Group on June 5, 2008 are turned into positions of Intelligence Technical Agent.
§ 5o The top-level, intermediate and auxiliary positions of the Group Support Group of ABIN personnel will be extinguished when vacant.
Art. 4o Ficam created, in the Table of Staff of ABIN, 240 (two hundred and forty) posts of Intelligence Technical Officer and 200 (two hundred) Intelligence Technical Agent posts.
Art. 5o The Carreiras and Cargos Plan posts and Cargos of ABIN are intended for the exercise of their respective assignments at different levels of complexity and responsibility, as well as the exercise of activities of a technical, administrative and managerial nature concerning the achievement, analysis and dissemination of knowledge.
Art. 6o It's 40 (forty) weekly hours the hourly workload of the officeholders' work members of the ABIN's Cargo Plan and Cargos, resurrected the amped hypotheses in specific legislation.
§ 1o To the holders of the member positions of the Carreiras of which they treat the points to of the incisos I and II of the art caput. 2o of this Act applies to the exclusive dedication regime, with the impediment of the exercise of other paid, public or private activity.
§ 2o In cases to which the work regime applies by plands, scale or regime of shifts alternated by relay, it is at most 192 (one hundred and ninety and Two) monthly hours the work journey of the members of the posts referred to in the caput of this article.
§ 3o The planton and the scale or the regime of turns alternated by relay will be regulated in act of the General Director of ABIN, observed the prevailing legislation.
Art. 7o ABIN's servers, in the exercise of their functions, stay as well submitted to the set of duties and responsibilities provided for in the code of ethics of the intelligence professional, edited by the Director General of ABIN.
Art. 8o Are assignments of the office of Intelligence Officer:
I-plan, execute, coordinate, supervise, and control:
a) production of intelligence knowledge;
b) actions of safeguarding sensitive subjects;
c) intelligence operations;
d) research and scientific or technological development activities directed at obtaining and analyzing data and information security; and
e) the development of human resources for the intelligence activity; and
II-develop and operate machinery, vehicles, appliances, devices, instruments, equipment and systems necessary for intelligence activity.
Art. 9o It is assignment of the post of Intelligence Officer offers specialized support to the activities arising from the assignments set out in the art. 8o of this Law.
Art. 10 The holders of the posts of Officer of Intelligence and Intelligence Agent will be able to be assigned to service overseas, pursuant to Law no 5,809, of October 10, 1972, and legislation correlates, as per expend act of the Executive Power.
Art. 11 Are assignments from the post of Technical Intelligence Officer:
I-plan, execute, coordinate, supervise, and control technical-administrative management activities, support and logistical support:
a) production of intelligence knowledge;
b) actions of safeguarding sensitive subjects;
c) intelligence operations;
d) research and scientific or technological development activities, aimed at obtaining and analyzing data and information security; and
e) activities of building and maintaining buildings and other facilities;
II-develop human resources for the technical-administrative management and logistical support of intelligence activity; e
III-develop and operate machinery, vehicles, appliances, devices, instruments, equipment and systems necessary for the technical-administrative and logistical support activities of the intelligence activity.
Art. 12 It is assignment of the post of Technical Intelligence Agent to give specialized support to the activities arising from the assignments set out in the art. 11 of this Law.
CHAPTER III
Public concourse
Art. 13 They are requirements for admission to the starting class of the positions of the Plan of Carries and Cargos of ABIN:
I-approval in public tender of proofs or proofs and titles;
II-diploma of completion of higher education at undergraduate level, in courses recognized by the Ministry of Education and, if it is the case, specific legal habilitation, as defined in the contest's edict, for the top level posts; and
III-certificate of completion of high school or equivalent and specific legal habilitation, if any, provided by officially authorized educational institution, as defined in the contest's edital, for the intermediate level posts.
Single paragraph. The substantiation of the schooling requirement provided for in this article will be made on the occasion of the convocation for the possession, arising from the approval in a public tender, being eliminated the candidate who cede to submit the corresponding paper comprobate in the form of the prevailing legislation.
Art. 14 The public contest referred to in the inciso I of the art caput. 13 of this Law could be arranged in stages, as we dispose of the certame's opening edital, observed the following:
I-the first step, of eliminatory and classificatory character, constitute itself with objective evidence and discursive evidence of general and specific knowledge;
II-the second step, of eliminatory character, observed the demands of the office and as defined in edital, can be constituted of:
a) social research procedure and, if necessary, functional of the candidate;
b) medical assessment, including with the requirement for examinations initial laboratory and, if necessary, supplemental;
c) psychological assessment; and
d) proof of physical capacity; and
III-the third step, of eliminatory and classificatory character, will consist of the achievement of training course, with duration and general rules set in act of the Director General of ABIN.
§ 1o A valuation of securities, when forecasted, will have classificatory character.
§ 2o Caberá to the Director General of ABIN, observed the relevant legislation, to issue the normative acts necessary to regulate the execution of the contest referred to in the inciso I of the art caput. 13 of this Act.
§ 3o Social research and, if necessary, functional, of which treats point ( a of the inciso II of the caput of this article, may occur during the whole selective process, included the period of the training course provided for in the inciso III of the caput of this article.
§ 4o During the research referred to in § 3o of this article, ABIN will be able to obtain elements informations of who can provide them, including by summoning the candidate to be heard or interviewed, assured of the secretive tramway and the right of defense.
§ 5the Act of the Director General of ABIN will define school regiment applicable to the training course of which it treats the inciso III of the caput of this article, containing rights and learner's duties, including with standards and criteria on assessment of learning, disciplinary and conduct regime, frequency to classes and situations of taking off course and exclusion from the selective process.
§ 6o The Director General of ABIN will be able to assign the server to have lotion in any part of the territory national.
Art. 15 A The optimal lotion of the ABIN will be fixed periodically by your Director-General, inclusive for the purposes of personnel removal.
chapter iv
Progression and Promotions
Art. 16 The development of the server in the Carreiras and posts that integrate the ABIN's Carrying and Cargos Plan will occur upon functional progression and promotion.
§ 1o For the purposes of the willing in the caput of this article, progression is the passage of the server to the immediately higher maturity pattern within a same class, and promotion, the server pass from the last default of a class to the first standard of the immediately upper class.
§ 2the Act of the executive branch will regulate the criteria of granting functional progression and promotion of that treats the caput of this article.
Art. 17 The development of the server in the Carreiras and posts that integrate ABIN's Cargo Plan and Cargos will comply with the following rules:
I -minimum interstice of 18 (eighteen) months between each progression;
II-habilitation in assessment of individual performance corresponding to, at a minimum, 70% (seventy percent) of the maximum limit of the scores of the evaluations performed at the interstint considered for progression; and
III-competency and professional qualification.
§ 1o The interstice of 18 (eighteen) months of effective exercise for functional progression, as established in the inciso I of the caput of this article, will be:
I-computed on days, discounted the departments that are not legally considered to be effective exercise; and
II-suspended in the cases where the server moves away without pay, being retaken the puck from the return to the activity.
§ 2o As long as they are not regulated, the progressions and promotions of the member officeholders of the ABIN Careers Plan and Cargos, the progressions functional and the promotions of which treats art. 16 of this Act will be granted by observing the prevailing standards on June 4, 2008.
§ 3o In the counting of the interstice required for promotion and progression, it will be taken advantage of the time computed until June 4, 2008.
Art. 18 Are minimal prerequisites for promotion to the classes of the top level posts of which treat the incisos I and III of the art caput. 2o of this Law:
I-for the Second Class, possess certification in events of empowerment, totaling, at minimum, 160 (one hundred and sixty) hours, and professional qualification with minimum experience of 7 (seven) years and a half, both in the specific field of acting of each post;
II-for the First Class, possess certification in capacitive events, totaling, at minimum, 240 (two hundred and forty) hours, and professional qualification with minimum experience of 16 (sixteen) years and 1/2 (middle), both in the specific field of acting of each post; and
III-for the Special Class, be certificate holder of completion certificate of specialization or specific training equivalent to, at the minimum, 360 (three hundred and sixty) hours and professional qualification with minimum experience of 25 (twenty five) years and 1/2 (middle), both in the specific field of acting of each job title.
Art. 19 Are minimal prerequisites for promotion to the classes of the top level posts of which it treats the inciso IV of the art caput. 2o of this Law:
I-for the Second Class, possess certification in events of empowerment, totaling, at minimum, 80 (eighty) hours, and professional qualification with minimum experience of 7 (seven) years and 1/2 (middle), both in the specific field of acting of each post;
II-for the First Class, possess certification in capacity-building events, totaling at least 120 (percent and twenty) hours, and professional qualification with minimum experience of 16 (sixteen) years and 1/2 (middle), both in the specific field of acting of each post; and
III-for the Special Class, be certificate holder of completion certificate of specialization or specific training equivalent to, at the minimum, 180 (one hundred and eighty) hours and professional qualification with minimum experience of 25 (twenty five) years and 1/2 (middle), both in the specific field of acting of each job title.
Art. 20 They are minimal prerequisites for promotion to classes of intermediate level positions of which treat the incisos II and III of the art caput. 2o of this Law:
I-for the Second Class, possess certification in events of empowerment, totaling, at minimum, 120 (one hundred and twenty) hours, or higher course completion diploma and professional qualification with minimum experience of 7 (seven) years and 1/2 (middle), both in the specific field of acting of each job title;
II-for the First Class, possess certification in capacitive events, totaling, at minimum, 200 (two hundred) hours, or diploma of higher course completion and professional qualification with minimum experience of 16 (sixteen) years and 1/2 (middle), both in the specific field of acting of each post; and
III-for the Special Class, possess certification in capacitive events, totaling, at minimum, 280 (two hundred and eighty) hours, or higher course completion diploma and professional qualification with minimum experience of 25 (twenty five) years and 1/2 (middle), both in the specific field of acting of each post.
Art. 21 Are minimal prerequisites for promotion to the classes of the intermediate level posts of which it treats the inciso IV of the art caput. 2o of this Law:
I-for the Second Class, possess certification in events of empowerment, totaling, at minimum, 40 (forty) hours, or higher course completion diploma and professional qualification with minimum experience of 7 (seven) years and 1/2 (middle), both in the specific field of acting of each post;
II-for the First Class, possess certification in capacitive events, totaling, at minimum, 80 (eighty) hours, or higher course completion diploma and professional qualification with minimum experience of 16 (sixteen) years and 1/2 (middle), both in the specific field of acting of each post; and
III-for the Special Class, possess certification in capacity-building events, totaling at least 120 (percent and twenty) hours, or higher course completion diploma and professional qualification with minimum experience of 25 (twenty five) years and 1/2 (middle), both in the specific field of acting of each job title.
Art. 22 It's up to ABIN to implement permanent program of capacity-building, training and development, aimed at ensure the professionalization of the holders of the integral positions of their Plan of Carries and Cargos.
§ 1o The capacitive events to which refer to the incisos I, II and III of the caput of the arts. 18 a 21 of this Law will be able to be organized and carried out in the internal framework or by external training, to be disciplined in act of the Director General of ABIN.
§ 2o When carried out externally, the capacity-building events referred to in § 1o of this article are to be performed by institution or education establishment duly recognized in the framework of public administration.
§ 3o The empowerment to which the incisos I, II and III of the caput of the arts refer to. 18 a 21 of this Act should be geared towards performance linked to the tasks of the office.
§ 4o The program of the courses and the remaining capacity-building events that will integrate the program referred to in the caput of this article when given by ABIN will be defined in an act of the Director-General and will have compliance with the specific characteristics and needs of each Carrier or cargo from the Plan of Carries and Cargos of ABIN, without prejudice to the possibility of mixed classes in common disciplines.
§ 5o For purposes of promotion, each capacitive event should be computed a single time.
§ 6the Act of the Director General of ABIN will establish, when necessary, the equivalencies between courses held by the extinct National School of Information, by the extinct Centre for Training and Improvement of Human Resources and by the School of Intelligence, included the new courses that will come to integrate the programme permanent capacity-building, training and development referred to in the caput of this article, in view of the provisions of this Act.
Art. 23 The holders of member positions of the ABIN's Cargo Plan and Cargos are required to ressarcate to the Erary the costs arising from participation in courses or empowerment stages carried out in Brazil or abroad, in the hypotheses of exoneration on request or dismissal before elapsed period equal to the duration of the estrangement.
§ 1o Act of the Chief Minister's Office of the Office of Institutional Security of the Presidency of the Republic will fix the values of the reparations referred to in the caput of this article, respected the limit of expenditure carried out by the public power.
§ 2o Applies the provisions of this article to the remaining public servants of the ABIN Staff Framework, including to the servers holding office of the Carreiras of Science and Technology, of which it treats the Law no 8,691, of July 28, 1993, members of the ABIN Staff Framework, in exercise at the Research and Development Center for Communications Security-CECFSP / ABIN.
chapter v
Remuneration of the ABIN Servers
Art. 24 The holders of the member positions of the Carreiras to which they refer to the incisos I and II of the art caput. 2o of this Act go on to be remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratification, additional, allowance, premium, representation grant or other remunerative species.
Paragraph single. The values of the allowance of the holders of the posts referred to in the caput of this article are those set out in Annex II of this Act, with financial effects from the dates specified therein.
Art. 25 Are understood in the grant and are no longer due to the holders of the posts to which they refer to the incisos I and II of the art caput. 2o of this Law, as of June 5, 2008, the following remunerative plots:
I-Maturity Basic;
II-Gratification of Information Activity Performance-GDAI, of which it treats the art. 11 of the Law no 10,862, of April 20, 2004;
III-Gratification of Habilitation and Qualification-GHQ, of which it treats the § 3o of the art. 9o of the Law no 10,862, of April 20, 2004; and
IV-Advantage Individual pecuniary, of which it treats the Law no 10,698, of July 2, 2003.
Paragraph single. Considering the provisions of the art. 24 of this Act, to the holders of the posts referred to in the caput of this article does not apply to the provisions of the art. 14 of the Law no 8,162, of January 8, 1991, in addition to not making jus at the perception of the following remunerative advantages:
I-Gratifying Performance Performance of Strategic Information-GDI, of which it treats art. 2o of the Law no 9,651, of May 27, 1998;
II-Gratification of Activity-GAE, of which it treats the Delegated Law no 13, of August 27, 1992;
III -Gratification of Performance of Technical-Administrative Activity-GDATA, of which it treats the Law no 10,404, of January 9, 2002;
IV-those regarding the completion of the Training Course in Intelligence, of the Basic Training Course in Intelligence I, of the Basic Training Course in Intelligence II, of the Course of Specialization in Intelligence, of the Course of Improvement in Intelligence and the Advanced Course of Intelligence, referred to in Law no 10,862, of April 20, 2004; and
V-Gratification Performance of Information and Intelligence Activities-GDAIN and Performance Gratification of Supplementary Activities at ABIN-GDACABIN that it treats the inciso II of the art caput. 29 of this Act.
Art. 26 In addition to the plots and advantages of which it treats art. 25 of this Act, are not due to the holders of the posts to which the incisos I and II of the art caput are referred to. 2o of this Law, as of June 5, 2008, the following remunerative species:
I-personal advantages and nominally-identified personal advantages-VPNI, of any origin and nature;
II-individual differences and residues, of any origin and nature;
III-values incorporated into the remuneration arising from the exercise of direction function, managerial or advising or from job title in committee;
IV-values emboded to remuneration regarding fifths or tenths;
V-values emboded to remuneration for additional time of service;
VI-advantages emboded to the orderings or pensions by force of the arts. 180 and 184 of Law No. 1,711, of October 28, 1952, and of the arts. 190 and 192 of the Act no 8,112, of December 11, 1990;
VII-allowances;
VIII-values paid for the title of representation;
IX-additional by the exercise of unhealthy, dangerous or penous activities;
X-additional nightly;
XI-additional by the provision of extraordinary service; and
XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in the art. 28 of this Law.
Art. 27 The integral servers of the Carreiras of which treat the incisos I and II of the art caput. 2o of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet that arising out of judicial sentence carried forward on trial.
Art. 28 The allowance of the members of the Carreiras of which treat the incisos I and II of the art caput. 2o of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of the following remunerative species:
I-gratification natalina;
II-additional vacations;
III-permanence allowance of which they treat § 19 of the art. 40 of the Federal Constitution, the § 5o of the art. 2o and § 1º of the art. 3º of the Constitutional Amendment No. 41, of December 19, 2003;
IV-retribution by the direction of direction function, managerial and advising; and
V-indenizatory plots provided for in law.
Art. 29 A remunerative structure of the holders of the posts of top and intermediate levels to which the inciso III of the art caput is concerned. 2o of this Act and the holders of the posts of top, intermediate and ancillary levels to which the inciso IV of the art caput is concerned. 2o of this Law, as of June 5, 2008, will have the following composition:
I- Basic Maturity; and
II-Performance Gratification of Information Activities and Intelligence-GDAIN or Performance Gratification of Supplementary Activities in ABIN-GDACABIN, as the case, noted the provisions of the arts. 34 a to 41 of this Act.
§ 1o The basic salary standards of the posts referred to in the caput of this article are the constants of Annexes III and IV of this Act, with financial effects from the dates specified in them.
§ 2o The holders of the posts referred to in the caput of this article will not jus, as of 2008, at the perception of the following gratuities and advantages:
I-Gratification of Information Activity Performance-GDAI, of which it treats the art. 11 of the Law no 10,862, of April 20, 2004;
II-Gratification of Habilitation and Qualification-GHQ, of which it treats the § 3o of the art. 9o of Law no 10,862, of April 20, 2004;
III-Advantage Individual pecuniary, of which it treats the Law no 10,698, of July 2, 2003;
IV -Strategic Information Activity Performance Gratification-GDI, of which it treats art. 2o of the Law no 9,651, of May 27, 1998;
V-Gratification of Activity-GAE, of which it treats the Delegated Law no 13, of August 27, 1992;
VI- Gratification of Performance of Technical-Administrative Activity-GDATA, of which it treats the Law no 10,404, of January 9, 2002;
VII-those regarding the completion of the Training Course in Intelligence, of the Basic Training Course in Intelligence I, of the Basic Training Course in Intelligence II, of the Course of Specialization in Intelligence, of the Course of Improvement in Intelligence and the Advanced Course of Intelligence, referred to in Law no 10,862, of April 20, 2004; and
VIII-as pertaining to the application of the provisions of the art. 14 of Law no 8,162, of January 8, 1991.
Art. 30 The servers holders of the top and intermediate level positions of the Information Group and the servers holding the top, intermediate and auxiliary positions of the ABIN Staff Frame Group Support Group (art. 2o of the Law no 10,862, of April 20, 2004), will be framed in the posts of the ABIN's Carrying and Cargos Plan according to their respective assignments, the vocational training requirements and the relative position in the Table, pursuant to Annex VII of this Act.
§ 1o It is vetted the change of the level of the post occupied by the server in due to the willing in the caput of this article.
§ 2o O positioning of retirees and pensioners in the remunerative tables set out in Annexes III, IV, V and VI of this Act will be referenced to the situation in which the server was at the date of retirement or in which the pension originated, respected changes regarding positionings arising from specific legislation.
Art. 31 A application of the provisions of this Law to active servers, inactives and pensioners will not be able to imply reduction of remuneration, of probation and of pensions.
§ 1o In the hypothesis of reduction of pay, of provenance or pension, because of the application of the provisions of this Act, the possible difference will be paid:
I-to Integral servers of the Carreiras of which treat the incisos I and II of the art caput. 2o of this Act, the title of supplementary repayment of allowance, of a provisional nature, that will be gradatively absorbed on the occasion of development in office or in the Carrier by ordinary or extraordinary progression or promotion, of the reorganization or restructuring of the posts and Carreiras or of the remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, and of the implantation of the values set out in Annex II of this Act; and
II-to the servers of which treat the incisos III and IV of the art caput. 2o of this Act, the title of nominally identified personal advantage, of an interim nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary progression or promotion, of the reorganization or of the restructuring of the posts or remunerations provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annexes III, IV, V and VI of this Act.
§ 2o The supplementary grant share and the nominally identified personal advantage referred to in the incisions I and II of § 1o of this article will be subject exclusively to the update arising out of general review of the remuneration of federal public servants.
Art. 32 Applies to retirements granted to the member servers of the Plan of Carries and Cargos da ABIN that it treats art. 1o of this Law and pensions, resonated retirements and pensions regulated by the arts. 1º and 2º of Law No. 10,887 of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity.
Art. 33 Ficam instituted:
I-the Performance Gratification of Information Activities and Intelligence-GDAIN, due exclusively to the Group's top-level and intermediate-level servers Information, of which it treats the inciso III of the art caput. 2o of this Act, when in exercise of activities in the ABIN's units; and
II-a Gratification of Performance of Supplementary Activities at ABIN-GDACABIN, due exclusively to the occupants of the top tier, intermediate and auxiliary positions of the Group Support of the Special Plan of Cargos, of which it treats the inciso IV of the caput of the art. 2o of this Act, when in exercise of activities in the units of ABIN.
Art. 34 A GDAIN and the GDACABIN will be assigned depending on the scope of individual server performance and institutional performance of ABIN's institutional performance.
§ 1o Individual performance evaluation aims to afer the server performance in the exercise of the tasks of the office or function, with a focus on individual contribution to the scope of the organizational goals.
§ 2o Institutional performance evaluation aims to affer collective performance in the reach of organizational goals.
§ 3o GDAIN and GDACABIN will be paid with observance of the following limits:
I-max, 100 (hundred) points per server; and
II-minimum, 30 (thirty) points per server, corresponding to each point to the value set out in Annex V of this Act, for GDAIN, and in Annex VI of this Act, for the GDACABIN.
§ 4o Considering the provisions of § § 1o and 2o of this article, the score regarding GDAIN and GDACABIN will have the following distribution:
I-up to 20 (twenty) percentage points of its maximum limit will be assigned depending on the results obtained in the individual performance evaluation; and
II-up to 80 (eighty) percentage points of its maximum limit will be assigned depending on the results obtained in the evaluation of institutional performance.
§ 5o The criteria and procedures specific individual and institutional performance evaluation and attribution of GDAIN and GDACABIN will be established in act of the Director General of ABIN, observed the current legislation.
Art. 35 Until the results of the first individual and institutional assessment are processed, all the servers that to it jus will perceive GDAIN and GDACABIN in value corresponding to 80% (eighty percent) of its maximum value, observed the class and standard of the server, as set forth in the Annexes V and VI of this Law.
§ 1o The result of the first evaluation generates financial effects from the beginning of the first period of evaluation, there should be compensated any differences paid to the greater or the minor.
§ 2o The date of publication of the act of setting the institutional performance targets, with a view to the payment of GDAIN and GDACABIN, constitutes the temporal milestone for the beginning of the evaluation period.
§ 3o The provisions of this article apply to the occupiers of commissioned positions that make jus à GDAIN and GDACABIN.
Art. 36 A GDAIN and GDACABIN will not serve as a basis of calculation for any other benefits or perks.
Art. 37 The effective office holder of which treat the incisos III and IV of the art caput. 2o of this Act, in exercise in the units of ABIN, when invested in office in commission or trust function will make jus à GDAIN or GDACABIN as follows:
I-the investees in trust function or positions in committee of the Group-Direction and Superiors-DAS, levels 3, 2, 1, or equivalent, will perceive the respective performance gratification calculated as disposed of in the art. 34 of this Act; and
II-those invested in positions in committee of the Group-Direction and Advising Superiors-DAS, levels 6, 5, 4, or equivalent, will realize the respective performance gratification calculated on the basis of the maximum value of the individual plot, summed up to the result of the institutional evaluation of the period.
Art. 38 The effective office holder of which treat the incisos III and IV of the art caput. 2o of this Act when it does not find itself in exercise in the ABIN units will only make jus à GDAIN or GDACABIN, as the case:
I-when yielded to the Presidency or Vice Presidency of the Republic or when requested by the Election Justice, situation in which to perceive the respective gratification of performance calculated on the basis of the applicable rules as if it were in effective exercise at ABIN; 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 and invested in positions of Special Nature, of the provement in committee of the Group-Direction and Higher-Advisory Board-DAS, levels 6, 5, 4, or equivalents, will realize the respective performance gratification calculated on the basis of the institutional evaluation result of the period.
Paragraph single. The institutional evaluation of the servers referred to in this article will be that of the ABIN.
Art. 39 The active server beneficiary of GDAIN or GDACABIN that obtains score of less than 50% (fifty percent) of its maximum value will be immediately submitted to empowerment or analysis process of functional suitability, as the case may be, under the responsibility of ABIN.
Paragraph single. Functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that may propitiate the improvement of the server performance.
Art. 40 Ospeeding exoneration of the post in commission, with maintenance of effective office, the servers that do jus à GDAIN or GDACABIN will continue to perceive the respective performance gratification corresponding to the last value obtained, until it is processed at its first assessment after exoneration.
Art. 41 In case of departments and licences deemed to be of effective exercise, without prejudice to remuneration and entitled to the perception of performance gratification, the server will continue to perceive the respective gratification corresponding to the last percent obtained, until it is processed its first evaluation after the return.
Paragraph single. The willing in the caput of this article does not apply to the cases of assignment.
Art. 42 Para the purposes of incorporation of GDAIN and GDACABIN to the retirement or pension proceeds, the following criteria will be adopted:
I-for the retirements granted and pensions instituted until February 19, 2004, the gratification will be corresponding to 50% (fifty percent) of the maximum value of the respective level, class and standard; and
II-for the retirements granted and pensions instituted after February 19, 2004:
a) when to the server that gave rise to the retirement or pension if you apply the willing in the arts. 3o and 6o of the Constitutional Amendment no 41, of December 19, 2003, and in the art. 3º of the Constitutional Amendment No. 47, of July 5, 2005, will apply the constant percent in the inciso I of the caput of this article; and
b) to the remaining cases will apply, for the purposes of calculating pensions and pensions, the provisions of Law no 10,887, of June 18, 2004.
Art. 43 The values due to the server on the grounds of the remunerative structure proposed by the Law no 10,862, of April 20, 2004, as to the basic salary, performance gratification of any nature and gratification of habilitation and qualification, cannot be realized cumulatively with the values of allowance, basic maturity and performance gratification of which they treat the arts. 24 and 29 of this Law.
§ 1o The values perceived by the servers of which treat the points ( a of the incisos I and II of the art caput. 2o of this Act to be paid 1o from April to June 4, 2008 are to be deducted from the value due to the server under allowance from 1o from April 2008, and should be compensated for possible values paid the smallest.
§ 2o The values perceived by the servers they treat the incisos III and IV of the art caput. 2o of this Act to basic salary title, performance gratification of any nature and gratification of habilitation and qualification, from 1o from April to June 4, 2008, based on the constant remunerative structure of the Act no 10,862, of April 20, 2004, should be deducted from the amount due to the server at basic salary and performance gratification, as disposed of in the art. 29 of this Act, from 1o of April 2008, owing to be compensated for possible values paid to lesser.
chapter vi
Cession of Servers
Art. 44 It becomes vetted the assignment of the holders of the integral positions of the Table of Personnel of ABIN, except for the cases provided for in specific legislation or investiture in charge of Special Nature or Group-Direction and Superiors of Superiors-DAS, levels 4, 5, 6, or equivalents.
Paragraph single. The disposals in disregard of the willing in the caput of this article will be regularized until October 6, 2008.
chapter vii
Evaluation of Performance
Art. 45 The holders of effective integral provement positions of the ABIN Staff Framework will be submitted, periodically, the performance evaluation, as laid out in the current legislation applicable to the federal public servants and in specific standards to be established in act of the General Director of ABIN, that allow to evaluate the performance of the server in the exercise of the office and in the scope of its area of responsibility or specialty.
chapter viii
Intellectual Property
Art. 46 A intellectual property created by any public agent due to the exercise of its assignments or in the condition of the representative of ABIN belongs exclusively to the Union, to whom it will be able to exercise the possible protection or disclosure of its content, as disposed of in act of the Director General of ABIN.
Single paragraph. The willing in the caput of this article applies to the students of courses taught by ABIN, including those of the public tender training course for admission to the posts of which they treat the incisors I and II of the art caput. 2o of this Law.
chapter ix
final provisions
Art. 47 Ficam revoked:
I-the arts. 2o and 16 of Law No. 9,651, of May 27, 1998;
II-the Law no 10,862, of April 20, 2004;
III-the arts. 12 and 13 of Law No. 11,233 of December 22, 2005;
IV-the art. 7o of Law no 11,292, of April 26, 2006; and
V-the Law no 11,362, of October 19, 2006.
Art. 48 This Law comes into force in the date of its publication.
Brasilia, 17 of september 2008; 187o of Independence and 120o of the Republic.
LUIZ INACIO LULA DA SILVA
Paulo Bernardo Silva
Jorge Armando Felix
