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DECREE NO. 6,592, OF October 2, 2008.
Regulates the provisions of the Law no 11,631, of December 27, 2007, which provides about the National Mobilization and creates the National Mobilization System-SINAMOB.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and with a view to the provisions of Law no 11,631, of December 27, 2007,
DECRETA:
CHAPTER I
OF THE GENERAL PROVISIONS
Art. 1o The National Mobilization activities are organized in the form of system, pursuant to the Law no 11,631, of December 27, 2007.
Art. 2o The National Mobilization Conceptualized in the art. 2o of the Law no 11,631, of 2007, is the measure enacted by the President of the Republic, in the event of foreign aggression, aiming at the immediate achievement of resources and means for the implementation of the actions that National Logistics cannot suppress, according to the usual procedures as well as other needs.
§ 1o Are parameters for the qualification of the expression foreign aggression, among others, threats or aggrieved acts to national sovereignty, territorial integrity, the Brazilian people or the national institutions, even if they do not signify invasion into the national territory.
§ 2o For the purposes of National Mobilization, it is understood as National Logistics o set of activities regarding the forecasting and provision of the resources and means necessary to carry out the actions arising from the National Defense Strategy.
§ 3o The National Mobilization subdivides itself into the phase of preparo and in the execution.
Art. 3o The National Mobilization System-SINAMOB, instituted by the Law No. 11,631, of 2007, aims to realize, integrate and coordinate the actions of planning, preparing and execution of the National Mobilization and National Dismobilization activities.
Art. 4o Are principles of the SINAMOB:
I-permanence: development of the National Mobilization Activities in logical and perennial sequence;
II-flexibility: adaptation to changes and situations arising from the dynamism of the juncture;
III-economy: pursuit of effectiveness in the employment of resources;
IV-fostering national development: contribution with integrated planning in the employment of the shape's resources more suitable;
V-coordination: harmonic conjugation of the elements that integrate the structure of the National Mobilization;
VI-control: monitoring of the development of the activities of National mobilization, in the phases of preparo and execution, as well as the evaluation of the results;
VII-opportunity: suitability of the realization of the actions planned at the exact moment;
VIII-priority: scaling by order of importance of the National Mobilization Activities; and
IX-cooperation: integration and synergy of the shares.
CHAPTER II
OF THE COMPOSITION AND SYNAMOB ORGANIZATION
Art. 5o The SINAMOB consists of the set of organs that act in an orderly and integrated manner, in order to plan and carry out all phases of the National Mobilization and Dismobilization.
Single paragraph. The SINAMOB shall ensure the integration of the capacities of the Executive, Legislative and Judiciary Powers within the framework of the Union, the States, the Federal District and the Municipalities, enabling guidance and coordination with the utmost efficiency, stimulating the flow of information between the organs of it integral.
Art. 6o Integrate the SINAMOB the following organs:
I-the Central Body of which treats the single paragraph of the art. 6º of the Act in 11,631, of 2007, with the purpose of guiding, overseeing and conducting the activities of the System;
II-the Organs of Sector Direction of the Mobilization System, of which it treats art. 6º of the Act in the 11,631, of 2007, responsible for the planning, coordination and articulation of the National Mobilization in their respective areas of competence; and
III-the SINAMOB Committee, deliberative collegiate, made up of the agents representatives of the bodies provided for in the art. 6º of the Act in 11,631, 2007, for the purpose of deliberating on the subjects provided for in the art. 7the of that Act.
Art. 7o THE SINAMOB will normalize the actions of the various organs that the integrate, having as a basis:
I-the National Mobilization Policy, which establishes the objectives and actions for the purpose of guiding the planning of the National Mobilization;
II- the National Mobilization Governance Guidelines, which lay out the guidance on how the National Mobilization will be conducted, determining the strategies necessary to achieve the goals set out in the National Mobilization Policy; e
III-the National Plan of Mobilization, which contains the actions and targets aimed at the care for each of the National Mobilization Needs, established in the Military Defense Strategy.
Art. 8o It's up to the Ministry of Defense, as the SINAMOB Central Body, draw up the proposal to amend the subsystems of which it treats art. 9o, in the event of modification of the organization of the Presidency of the Republic and of the Ministries.
Art. 9o The Setorial Direction Bodies will be arranged according to the following subsystems:
I-the Setorial Subsystem of Military Mobilization, under the direction of the Ministry of Defense;
II-the Setorial Subsystem of Political Mobilization, under the direction, in the internal area, of the Civil House of the Presidency of the Republic and, in the external area, of the Ministry of Foreign Affairs;
III-the Setorial Subsystem of Social Mobilization, under the direction of the Ministry of Planning, Budget and Management, which coordinates the following bodies:
a) Ministry of Social Development and Combat to Hunger;
b) Ministry of Cities;
c) Ministry of Culture;
d) Ministry of Education;
e) Ministry of Sport;
f) Ministry of the Environment;
g) Ministry of Social Welfare;
h) Ministry of Health;
i) Ministry of Labour and Employment; and
j) Ministry of Tourism;
IV-the Setorial Subsystem of Scientific Mobilization-Technological mobilization, under the direction of the Ministry of Science and Technology;
V-the Setorial Subsystem of Economic Mobilization, under the direction of the Ministry of Finance, which coordinates the following organs:
a) Ministry of Agriculture, Livestock and Supply;
b) Ministry of Communications;
c) Ministry of Agrarian Development;
d) Ministry of Development, Industry and Foreign Trade;
e) Ministry of Mines and Energy; and
f) Ministry of Transport;
VI-the Setorial Subsystem of Civil Defense Mobilization, under the direction of the Ministry of National Integration;
VII-the Setorial Subsystem of Psychological Mobilization, under the direction of the Social Communication Secretariat of the Presidency of the Republic;
VIII-the Setorial Subsystem of Security Mobilization, under the direction of the Ministry of Justice; and
IX-the Setorial Subsystem of Mobilization of Intelligence, under the direction of the Institutional Security Bureau of the Presidency of the Republic.
Art. 10 The subsystems are intended to coordinate the actions required for the preparation of the plans, as well as their execution, objecting:
I-Setorial Subsystem of Military Mobilization: ensuring the continuous, appropriate and timely employment of the means and conditions necessary for the military confronting of foreign aggression;
II-Subsystem Setorial of Internal Policy Mobilization: coordinating the adaptation of legal planning, creating legal instruments that guarantee the state the care of the National Mobilization Needs;
III-Sectoral Mobilization of Policy Mobilization External: developing international cooperation by making it possible to obtain support, resources and means outside the territorial boundaries of the Country;
IV-Social Mobilization Setorial Subsystem: providing the population with the minimum social needs to cope with the emergency situation of National Mobilization;
V-Scientific Mobilization Sectoral Subsystem: compatibilize the development of the research and the scientific and technological infrastructure to meet the needs of National Mobilization;
VI-Subsystem Sector of Economic Mobilization: tailor the Country's economic structure to the needs of National Mobilization;
VII-Subsystem Sector of Psychological Mobilization: motivate, inform and prepare society for the confronting of foreign aggression, and to act for the achievement of public, national and international opinion, favorable to national interests;
VIII-Sectoral Subsystem of Civil Defense Mobilization: developing actions for the confronting of emergency situations identified by the National Mobilization;
IX-Subsystem Setorial of Security mobilization: coordinate Public Safety activities aimed at the National Mobilization; and
X-Mobilization Setorial Subsystem of Intelligence: coordinate the Intelligence activities aimed at the National Mobilization.
CHAPTER III
OF THE SINAMOB COMMITTEE
Art. 11 The SINAMOB Committee, collegiate of deliberative character, in the framework of its competences, it is for the purpose of having the matters of competence of the System, established in art. 7o of Law no 11,631, from 2007.
Art. 12 The SINAMOB Committee composes itself from:
I-Plenary;
II-Secretariat-Executive;
III-Technical Chambers; and
IV-Working groups.
Art. 13 Are members holding the SINAMOB Committee, entitled to vote:
I-the Minister of State of Defense, who will chair it;
II-the Minister of State or his / her legal substitute for each organ given below:
a) Ministry of Justice;
b) Ministry of Foreign Affairs;
c) Ministry of Planning, Budget and Management;
d) Ministry of Science and Technology;
e) Ministry of the Farm;
f) Ministry of National Integration;
g) Civil House of the Presidency of the Republic;
h) Office of Institutional Security of the Presidency of the Republic; and
l) Secretariat of Social Communication of the Presidency of the Republic.
§ 1o In his absence and hindrance, the Chairman of the SINAMOB Committee will be replaced by the Secretary of Teaching, Logistics, Mobilization, Science and Technology of the Ministry of Defense.
§ 2o The President of the SINAMOB Committee will be able to requisition to the rest organs or entities, not related in this article, the referral of representatives to attend the collegiate meetings, or still integrate Technical Chambers or Working Groups.
Art. 14 Compete to the SINAMOB Committee:
I-formulate the National Mobilization Policy, for further approval of the President of the Republic;
II-contribute to the enhancement of the National Mobilization Doctrine;
III-promote integration to the SINAMOB of the organs and entities of the states, the Municipalities and the Federal District;
IV-appreciate and approve the National Mobilization Sector Plans and the National Plan of Mobilization;
V-create and extinguish Technical Chambers and Working Groups to study specific problems of interest from the National Mobilization;
VI-approve your regiment internal and the standards of organisation and operation of the SINAMOB;
VII-follow and guide the actions developed by the SINAMOB's setorial steering organs;
VIII-request the organs and entities of the federal public administration, the states, the Federal District and the Municipalities the data, information or documents required for their activities; and
IX-appreciate and approve resolutions, recommendations, motions, and other propositions, related to your competencies.
Art. 15 The SINAMOB Committee meetings will occur with the minimum of fifty per one hundred plus one of the members in the first call, and, fifteen minutes after, on second call, with any number of those present.
Art. 16 The decisions of the SINAMOB Committee, which do not require approval from superior authority, shall be proclaimed by its President and shall have the form of resolution which shall be published in the Official Journal of the Union.
Single paragraph. Compliance with the resolutions by the SINAMOB members will be accompanied by the Central Body, ensuring centralised guidance and decentralized implementation.
Art. 17 The SINAMOB Committee will deliberate by a simple majority of votes, cabling to the its President to use the quality vote for the purpose of tie-up.
Art. 18 Are assignments of the President of the SINAMOB Committee, among others foreseen in internal regiment:
I-convene and chair the meetings of the collegiate;
II-request studies, information, and proposals on specific themes, to be submitted to the collegiate; and
III-have to publish the resolutions in the Official Journal of the Union.
Art. 19 The Chairman of the Committee will be able to constitute technical groups with the purpose of advising him on the exercise of his assignments, as well as inviting experts to provide information or follow up with the collegiate meetings.
Art. 20 À Secretariat-Executive competes:
I-conduct the technical-administratives;
II-advising the SINAMOB Committee; and
III-promote the functioning of the SINAMOB.
Art. 21 A Secretariat-Executive is the responsibility of the Central Body and in it there will be, at the very least, a representative of each Sectoral Direction Body that makes up the SINAMOB.
Single paragraph. The Executive Secretariat will be exercised by the Director of the Department of Mobilization of the Registry of Education, Logistics, Mobilization, Science and Technology of the Ministry of Defense, which will directly assist the Chairman of the SINAMOB Committee.
CHAPTER IV
OF THE COMPETENCIES OF THE ORGANS THAT MAKE UP THE SINAMOB
Art. 22 To the central organ of the SINAMOB, in addition to the prescription in art. 6o, inciso I, and art. 20, compete:
I-consolidate the proposals for basic legislation concerning the activities of National Mobilization;
II-elaboration of the proposal for National Mobilization Policy, to Deliberation of the SINAMOB Committee and subsequent approval of the President of the Republic;
III- draw up the proposal of the Governmental Guidelines for National Mobilization, for deliberation of the SINAMOB Committee and subsequent approval of the President of the Republic;
IV-consolidate and compatibilize the Mobilization Setorial Plans in proposal of National Plan of Mobilization, for deliberation of the SINAMOB Committee and subsequent approval of the President of the Republic;
V-elaboration and keep updated the Basic Doctrine of Mobilization National;
VI-fostering the empowerment of human resources in the area of National Mobilization, by providing normative guidance, providing technical oversight and exercising specific oversight in accredited institutions; and
VII-propose the creation of the organizational structure necessary to the proper functioning of the SINAMOB.
Art. 23 To The Governing Bodies of Direction, in addition to the prescribed in art. 6o, inciso II, competes:
I-structuring your Mobilization subsystem National;
II-orienting, normatizing and conducting the National Mobilization activity in your subsystem;
III-elaboration of the National Mobilization Sectoral Guideline;
IV-elaboration of the National Mobilization Sections, consolidating those of the different sectors, when it is the case, in your area of acting, subjecting them to the SINAMOB Committee; and
V- foster the empowerment of specific human resources in the area of National Mobilization.
CHAPTER V
OF THE NATIONAL MOBILIZATION PREPARER
Art. 24 The preparedness of the National Mobilization is developed in a continuous, methodical and permanent way, since the situation of normality, and consists of the establishment of programs, standards and procedures regarding the supplementation of National Logistics and the suitability of Governmental Policies to the National Mobilization Policy.
Single paragraph. The preparo will also contemplate the execution of actions directed at society, intended for enlightenment regarding the National Mobilization and the need to establish cooperations and get agreement on the joint effort, with an emphasis on the sectors that explore infrastructural activities and property law holders on the production, marketing and distribution of consumer goods and provision of services of strategic interest.
Art. 25 Government actions, during the course of the preparation, are expected to stimulate the development of the national infrastructure and encourage research and innovation in sectors that, too, meet the interests of National Defence.
Single paragraph. The incentive measures that treats the caput will be able to contemplate, among others, as provided for in law, the following modalities:
I-favorable credit conditions, financing, interest, and payment deadlines;
II-compensations, exemptions and tax reductions; and
III-scholarships and programmes of scientific and technological empowerment.
CHAPTER VI
FROM NATIONAL MOBILIZATION EXECUTION
Art. 26 A The execution of the National Mobilization will begin in act of the President of the Republic, according to art. 84, inciso XIX, of the Constitution.
Art. 27 A The execution of the National Mobilization consists of the implementation of form accelerated and compulsory National Mobilization Plan.
Art. 28 A The execution of the National Mobilization is aimed at the employment of resources existing in the public and private structures, necessary to the National Defence effort.
Art. 29 When of the National Mobilization decrement, the act of the President of the Republic will fix, among others:
I-the scope;
II-the goals;
III-the beginning of the duration;
IV-the specification of the geographic space of the national territory;
V-the conditions of convocation of the federated ones;
VI-the conditions of convocation of citizens;
VII-the requisition and the use of goods and services, respected the specific legislation;
VIII-the intervention in the public and private production factors, in accordance with the specific legislation; and
IX-the reorientation of production, marketing, distribution and consumption of goods and the use of services.
CHAPTER VII
OF THE NATIONAL DEMOBILIZATION
Art. 30 National Dismobilization actions begin as soon as it reduces or ceases the motives that have determined the National Mobilization Ordinance, being implemented from Gradative mode, seeking to reconcile the decreasing need for the mobilization effort with the growing need to return to normalcy, without losing sight of the possibility of recruiting conflict.
Art. 31 A National Demobilization subdivides into two phases: that of prepares and that of the execution.
§ 1o The phase of the prep is planned in a continuous, methodical and permanent way, depending on the standards of the preparedness phase of the National Mobilization, since the situation of normality.
§ 2o The phase of the execution consists in the implementation of the National Plan of Demobilization, drawn up during the phase of the preparer of the National Mobilization.
Art. 32 For each National Plan of Mobilization will be drawn up, simultaneously, the corresponding National Demobilization Plan.
Art. 33 During the gradual return to the situation of normality, normative acts will regulate the measures of guarantees not yet contemplated in specific legislation.
Single paragraph. It is understood as measures of guarantees, for the purposes of National Dismobilization, reparations or reparations due to the mobiles.
Art. 34 A The decrement of National Dismobilization will characterize the total return to the situation of normality, thus establishing the end of the National Mobilization.
CHAPTER VIII
OF THE FINAL PROVISIONS
Art. 35 A SINAMOB structure could be used in the aid to emergency situations, provided that it approved by your Committee.
Art. 36 The financial resources required when preparing for National Mobilization will be consigned to the budgets of the SINAMOB integral bodies, respected the budget characteristic of each organ.
Art. 37 This Decree comes into effect on the date of its publication.
Brasilia, October 2, 2008; 187the of Independence and 120o of the Republic.
LUIZ INÁCIO LULA DA SILVA
Nelson Jobim
