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Provisional Measure No. 2,116-17, Of 27 March 2001

Original Language Title: Medida Provisória nº 2.116-17, de 27 de Março de 2001

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PROVISIONAL MEASURE NO. 2.116-17, OF March 27, 2001

Ensures perception of gratification by servers of the Federal Police careers, Federal District Police Station and the Civil Police of the Federal District, alters the Laws No. 4,878, of December 3, 1965, 5,619, of November 3, 1970, and 5,906, of July 23, 1973, and gives other arrangements.

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

Art. 1º The values of Gratification by Special Operations to which they rented the Decrees-Laws #s 1,714, of November 21, 1979, and 2,372, of November 18, 1987, they are assured to all the servers of the Federal Police Career, as of 1º December 1999.

Art. 2º The values of Gratification by Special Operations to which they rented the Decrees-Laws #s 1,727, of December 10, 1979, and 2,387, of December 18, 1987, are assured to all the servers of the Federal District Police and Civil Police Station Carreiras of the Federal District, of which it treats the Law No. 9,264 of February 7, 1996, in the following percentage:

I-eighty percent, as of 1º September 2000, for the occupants of the posts of Police Delegate, Criminal and Perite Perito Medico-Legista;

II-sixty percent, as of 1º September 2000, for the occupants of the posts of Police Agent, Police Office, Police Papiloscopist and Penitentiary Agent;

III-ninety percent, as of 1º January 2001, for all occupants of the posts referred to in the incisos I and II.

Single paragraph. The gratification that it treats the caput will focus on the values set out in Annex III to Law No. 9,264, 1996.

Art. 3º Annex III to Law No. 9,264, 1996, passes the vigour in the form of the Annex to this Measure Provisional, producing effects from 1º September 2000.

Art. 4º It is vetted, to any title, retroactive payment due to this Provisional Measure.

Art. 5º The willing Interim Measure does not apply and does not extend to any other post or career, yet of a similar nature.

Art. 6º The provisions of this Interim Meast does not generate any financial effect to the servers of which they treat the arts. 1º and 2º that already perceive such values by virtue of judicial, administrative decision, or by administrative extension of judicial decision.

Art. 7º The art. 57 of Law No. 4,878 of December 3, 1965, passes the vigour with the following essay:

" Art. 57. ....................................................................

§ 1º Received the pieces of which it treats this article, the authority will proceed in the manner provided for in the art. 54, item I, of this Act.

§ 2º Civil, criminal and disciplinary sanctions will be able to cumulate, being independent of each other.

§ 3º The administrative responsibility of the server will be detached in the case of criminal acquitus that denies the existence of the fact or its authorship.

§ 4º The preventive suspension of which treats the single paragraph of the art. 51 is mandatory when it comes to transgressions to the incisions IX, XII, XVI, XXVIII, XXXVIII, XL, XLVIII, LI, LVIII and LXII of the art. 43, or in the case of receipt of denunciation for the crimes provided for in the arts. 312, caput, 313, 316, 317 and its § 1º, and 318 of the Decree-Law No. 2,848, of December 7, 1940 (Criminal Code). " (NR)

Art. 8º The provisions of the previous article apply to the ongoing disciplinary proceedings.

Art. 9º The Law No. 5,619 of November 3, 1970, passes the following with the following amendments:

" Art. 13. The military police officer, for the effective exercise of his duties, will make jus at the following gratuities:

I-Service Time Grading;

II-Military Police Function Gratification;

III-Gratification of Military Police Operations. " (NR)

" Section III

Of The Gratification of Military Police Operations

Art. HTTPS: 27-A. Military Police Operations Gratification is attributed to the military police officer for the effective performance of military police operations.

Single paragraph. The Gratification of which treats this article is only due to the military police officer on active duty and in the effective performance of military police function. (NR)

Art. 27-B. The Gratification of Military Police Operations, due from 1º October 2000, corresponds to the percent of seventy-three percent of the welt of the rank of Colonel. " (NR)

Art. 10. The Law No. 5,906 of July 23, 1973, passes the following with the following amendments:

" Art. 13. .....................................................................

...................................................................................................

IV-Operations Gratification Fireman-Militar. " (NR)

" Section III

From The Gratification of Bomber Operations-Mylitar

Art. 27-A. The Rewarding of Bomber-Military Operations is attributed to the military firefighter for the effective performance of military firefighter operations.

Single paragraph. The Gratification of which treats this article is only due to the military firefighter in active duty and in the effective performance of the firefighter function. (NR)

Art. 27-B. The Gratuity of Bomber Operations-Militar, due from 1º October 2000, corresponds to the percent of seventy-three percent of the welt of the rank of Colonel. " (NR)

Art. 11. The expenses arising from the application of the provisions of the arts. 2º, 9º and 10 of this Provisional Measure will run on the account of the Transfers to States, Federal District and Municipalities-Government of the Federal District-Resources under Supervision of the Ministry of Finance, constant of the Union Budget, until the fund that it treats art. 21, inciso XIV, of the Federal Constitution.

Art. 12. Until it is edited law that it possesses about the obligations, duties, prerogatives and regiment of remuneration of military personnel of Military Police and Military Bomber Corps of the Federal District and the former Territories of Roraima and Amapá, remain due:

I-the Special Work Condition Gratification, under the conditions set out in Law No. 9,633, of May 12, 1998;

II-the Gratification of Military Activity, in the conditions set out in the Delegated Law No. 12 of August 7, 1992; and

III-the Military Pension, under the conditions set out in Law No. 3,765 of May 4, 1960, beholdment on December 28, 2000.

Art. 13. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2,116 to -16, of February 23, 2001.

Art. 14. This Interim Measure takes effect on the date of its publication.

Brasilia, March 27, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente

ANNEX

(Annex III to the Law No. 9,264, February 7, 1996)


CLASSES


POSTS

Maturity BASIC

(R$)

Parcela supplementary (R$)


SPECIAL

Police Station,

Criminal Perito

Medical Expert-Legacy


524.30


6.02


FIRST

Police Delegate,

Criminal Perito

Medical-Legacy


445.66


77.63


SECOND

Police Delegate,

Criminal Perito

Medical-Legista


378.81


68.45


SPECIAL

Police Agent

Police Writing

Police Papiloscopist

Penitentiary Agent


309.93


41.40


FIRST

Police agent

Police Writing

Police Papiloscopist

Penitentiary Agent


254.14


34.15


SECOND

Police Agent

Police Writing

Police Papiloscopist

Penitentiary agent


210.94


28.64