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Decree No. 4548, Of 27 December 2002

Original Language Title: Decreto nº 4.548, de 27 de Dezembro de 2002

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DECREE N. 4,548? FROM December 27, 2002

Approves the Structure Regimental and the Demonstrative Framework of the Cargos in Commission of the Brazilian Institute of the Environment and Renewable Natural Resources? IBAMA, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisos IV and VI, paragraph " a?, of the Constitution,

DECRETA:

Art. 1º Ficam approved the Regimental Structure and the Demonstrative Table of the Cargos in Commission of the Brazilian Institute of the Middle Environment and Renewable Natural Resources? IBAMA, in the form of the Annexes I and II to this Decree.

Art. 2º On the basis of the provisions of the previous article, shall be remanded in the form of Schedule III to this Decree, the following posts in committee of the Group-Direction of Higher Advising? DAS:

I-from the Office of the Management Office, the Ministry of Planning, Budget and Management, from organs extinct of the Federal Public Administration, for the Brazilian Institute of the Environment and Renewable Natural Resources? IBAMA: two DAS 101.4; two DAS 101.3; and eight DAS 101.2; and

II-of the Brazilian Institute of the Environment and the Renewable Natural Resources? Ibama for the Registry of Management, Ministry of Planning, Budget and Management: a DAS 102.4.

Art. 3º The apostilaments arising from the approval of the Regimental Structure, of which it treats art. 1º, should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput of this article, the President of the IBAMA will make it published in the Official Journal of the Union within thirty days of the date of publication of this Decree, nominal relation of the Cargos ' holders in Commission of the Group-Direction and Higher Advising? DAS, referred to in Annex II, indicating, including, the number of vacant posts, its denomination and its respective level.

Art. 4º The Internal Rules of the Brazilian Institute of the Environment and Renewable Natural Resources? IBAMA will be approved by the Minister of State for the Environment and published in the Official Journal of the Union, within thirty days, counted from the date of publication of this decree.

Art. 5º This Decree comes into effect on the date of its publication.

Art. 6º Ficam revoked the Decrees nOS 3,833, of June 5, 2001, and 4,518, of December 13 of 2002.

Brasilia, December 27, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Dias

Jose Carlos Carvalho

ANNEX I

REGIMENTAL STRUCTURE

BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES? IBAMA

CHAPTER I

OF NATURE, HEADQUARTERS AND OF THE PURPOSES

Art. 1º The Brazilian Institute of the Environment and Renewable Natural Resources? IBAMA, the municipal entity of special scheme, with administrative and financial autonomy, endowed with legal personality of public law, with registered office in Brasilia, created by Law No. 7,735 of February 22, 1989, links to the Ministry of the Environment, and has as purposes;

I-carry out the national environment policies, concerning the permanent federal assignments, concerning the preservation, conservation and sustainable use of environmental resources and their surveillance and control; and

II-carry out the Union's supptive actions, of compliance with the legislation in force and the guidelines of that Ministry.

Art. 2º In the fulfillment of its purposes and, re-salvaged the competencies of the remaining entities that integrate the National System of the Half Environment? SISNAMA, it is up to the IBAMA, in accordance with the guidelines set by the Ministry of the Environment, to develop the following federal actions:

I? proposition of standards and standards of environmental quality;

II? environmental zoning;

III? assessment of environmental impacts;

IV? environmental licensing of activities, ventures, products and processes deemed to be effective or potentially polluting, as well as those capable of causing environmental degradation, under the current legislation;

V? proposition of the creation, funday-to-day regularization and management of the Federal Conservation Units, as well as support for the implementation of the National System of Conservation Units;

VI? implementation of the Federal Technical Cadastros of Activities and Environmental Defense Instruments and of Potentially Polluting Activities and / or Users of the Environmental Resources;

VII? monitoring and application of disciplinary or compensatory penalties for failure to comply with the measures necessary for the preservation or correction of environmental degradation, under the current legislation;

VIII? generation, integration and systematic dissemination of information and knowledge concerning the environment;

IX? protection and integrated manhandling of ecosystems, of species, of the natural and genetic heritage of ecological representativeness on a regional and national scale;

X? disciplining, enrollment, licensing, monitoring and surveillance of the uses and accesses to environmental, floristic and faunistic resources;

XI? analysis, registration, and control of chemical, agrotoxic and its components and related components, as legislation in force;

XII? assistance and operational support to public institutions and society, in matters of accidents and environmental emergencies and of relevant environmental interest;

XIII? implementation of environmental education programs;

XIV? execution, direct or indirect, of the economic exploitation of natural resources in units of the IBAMA, obeyed the legal and sustainability premises of the environment and restricted to:

a) public use, advertising, ecotourism, and other similar services; and

b) products and by-products of flora and fauna, generated in the execution of the actions of permanent character;

XV? supervision and control of the collection and transport of biological material;

XVI? recovery from degraded areas;

XVII? Implementation of the National Environment Information System? SINIMA;

XVIII? sustainable use of renewable natural resources, support for extractivism and traditional populations;

XIX? application, within the framework of its competence, of the international devices and agreements concerning environmental management;

XX? monitoring, prevention and control of desmapartments and burnings and forest fires;

XXI? generation of knowledge for the management of the use of the faunistic, fishing and forestry resources and of environmental management methodologies and technologies;

XXII? elaboration of the information system for the management of the use of the faunistic, fishing and forestry resources;

XXIII? elaboration and establishment of criteria, standards and the proposition of environmental standards for the management of the use of the fishery, faunistic and forest resources; and

XXIV? propose standards, scrutinize and control the use of the Brazilian speleological heritage, as well as foster withdrawals, studies and research that makes it possible to broaden the knowledge about existing underground natural cavities.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 3º The IBAMA has the following structure organizational:

I? collegiated bodies:

a) Board of Management; and

b) Regional Technical chambers;

II? direct and immediate assistance bodies to the President:

a) Cabinet; and

b) Searching-General;

III? sectional organs:

a) Auditing

b) Directorate of Strategic Management; and

c) Board of Directors Administration and Finance;

IV? singular specific organs:

a) Directorate of Forests;

b) Directoria of Fauna and Psketch Resources;

c) Directorate of Ecosystems;

d) Licensing Directorate and Environmental Quality; and

e) Environmental Protection Directorate;

V? decentralized organs:

a) Executive Generations;

b) Regional Offices;

c) Federal Conservation Units; and

d) Centres Specialized.

Single paragraph. The definition of the services and the jurisdiction of the devolved bodies of the categories Executive Managers, Regional Offices and Specialized Centres will be disciplined in the Internal Rules of the IBAMA, obeyed the quantitative provided in this Decree, as well as the peculiarities of the major Brazilian ecosystems.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 4º The IBAMA will be directed by President and by Directors.

§ 1º The President, the Directors and the Prosecutor-General's Office shall be appointed by the President of the Republic, by appointment of the Minister of State for the Environment.

§ 2º The appointment of the Attorney General is to be preceded by annuence of the Union Advocate General.

§ 3º The Chief of Staff, the Deputy Attorney General, the Chief Auditor-in-Chief, the Coordinators-General, The Heads Of Specialized Centres and the Executive Managers, will be appointed by the Minister of State for the Environment, on the nomination of the President of the IBAMA.

§ 4º The Heads of Office and Conservation Unit will be appointed by the President of the IBAMA, listened to the Executive Managers and the Directors to which they are bound.

§ 5º The remaining officeholders in committee will be appointed by the President of IBAMA.

Art. 5º The Board of Management and Regional Technical Chambers, of a consultative nature, will have their composition, organization, operating and specific competencies set out in the Internal Rules of the IBAMA, resguarded the participation of the Organized Civil Society.

Art. 6º The President of the IBAMA will be replaced, in his impediments, by a Director by him assigned, with prior annuence from the Minister of State for the Environment.

Art. 7º The posts in committee will be provided, preferably, by public servants of the organs of the organs of the organs members of SISNAMA, observed the specific criteria of recruitment and selection, to be established in specific regiment, and the following conditions;

I? when belonging to the federal, state, or municipal public service, be occupant of effective top level or have occupied, in the case of inactive server;

II? when not pertaining to the public service, have minimum five-year experience in managerial positions, whose functions are correlates to those to be performed at IBAMA; and

III? when pertaining to the federal, state or municipal public service and non-occupier of top level effective office, possess minimum five-year experience in managerial positions commissioned from the public service structure, whose functions are correlates to those required by the post in committee to be propped up.

CHAPTER IV

OF THE COMPETENCE OF THE ORGANS

SECTION I

Of The Collegiated Bodies

Art. 8º To the Board of Management competes:

I-advise the President of the IBAMA in the making of decisions related to federal environmental management; and

II-appreciate the subjects that are submitted to it by any of its members.

Art. 9º To the Regional Technical Chambers compete:

I- subsidize the decentralized organs in achieving their goals related to the federal execution of environmental policy, in themes and scales to be defined in specific regulation; and

II-appreciate the subjects that are submitted to them by the executive managers, heads of the devolved bodies, or any of their members.

SECTION II

From the Direct Assistance Bodies and Immediate to the President

Art. 10. To the Cabinet competes:

I? to attend the President in his political and social representation and to task for the preparation and dispatch of his personal expedient;

II-plan, coordinate and supervise the media activities, parliamentary and international support, and still the publication, dissemination and follow-up of IBAMA's subjects of interest; e

III-supervise and coordinate the activities of advising to the President.

Art. 11. To the Attorney General's Office, the organ linked to the Advocate General of the Union, compete:

I? represent judicial and extrajudicially the IBAMA;

II? exercise the consulting and legal advising activities to the organs of the IBAMA, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73 of February 10, 1993;

III? promote the ascertaining of the liquidity and certainty of the credits, of any nature, inherent in the activities of the IBAMA, enrolling them into active debt, for the purposes of friendly or judicial collection; and

IV? carry out office fixings by superior determination, in the central, regional, and specialized units.

SECTION III

From the Sectional Bodies

Art. 12. The Audit competes to follow, guide, scrutinize and evaluate the results as to the efficiency, effectiveness and effectiveness of the IBAMA's budget, financial, accounting, accounting, equity and human resources management.

Paragraph single. It is also incumbent upon Auditing the execution of the ouvidoria activities with regard to receiving, analyzing and forwarding the demands of the society for guidance of the IBAMA's actions.

Art. 13. The Directorate of Strategic Management competes in the formulation, supervision and evaluation of planning and budgeting activities, institutional articulation, environmental education the management of information.

Art. 14. To the Board of Directors and Finance compete to coordinate, execute, guide and supervise the activities inherent in federal Public Administration management systems concerning human resources, materials, heritage, accounting, budgeting and financial and general services, as well as promoting the management of the fundraising.

SECTION IV

Of the Singular Specific Organs

Art. 15. To the Directorate of Forests competes, in accordance with the guidelines set by the Ministry of the Environment, to coordinate, supervise, regulate and guide the execution of the federal actions regarding reforestation, access, manhandling and sustainable use of forest and floristic resources, as well as the proposition of creation and management of national forests.

Art. 16. To the Directorate of Fauna and Resources Pforget competes, in accordance with the guidelines set by the Ministry of the Environment, to coordinate, supervise, regulate and guide the execution of the federal actions regarding the management and manhandling of the fauna Silvestre and exogenous, of the fishery resources.

Art. 17. The Directorate of Ecosystems competes, in accordance with the guidelines set out by the Ministry of the Environment, to coordinate, supervise, regulate and guide the execution of the actions regarding the proposition of creation, funnical regularization and management of the federal conservation units, the protection and maneuvering of ecosystems and the control of the use of the speleological heritage.

Art. 18. The Directorate of Licensing and Environmental Quality competes, in accordance with the guidelines set out by the Ministry of the Environment, to coordinate overseeing, regulating and directing the execution of the federal actions regarding environmental licensing, assessment of impacts and risks, control and management of environmental quality.

Art. 19. The Directorate of Environmental Protection competes, in accordance with the guidelines set by the Ministry of the Environment, to coordinate, supervise, regulate and guide the execution of the federal actions regarding environmental zoning monitoring and the monitoring and environmental control.

SECTION V

From the Decentralized Organs

Art. 20. Executive Managers compete for operationalization and execution, in their respective areas of comprehensiveness, of the activities related to the federal environmental management, as well as technical and administrative supervision of the Regional Offices.

Art. 21. The Regional Offices compete to perform the finalistic activities of IBAMA, as well as to provide the responsiveness of the federal environmental management demands forwarded by society, by viabilizing responses and solutions and by providing the guidelines necessary.

Art. 22. To the Federal Conservation Units, it competes to manage and maintain the integrity of the specially protected federal territorial spaces under the responsibility of IBAMA, being administratively linked to the Executive Managers and technically to the Correlates directorships.

Art. 23. To Specialized Centers compete to perform actions, programs, projects and activities related to information; to environmental research applied to the conservation and manhandling of ecosystems and species; to the preservation of natural heritage; management of resources fisheries and aquaculture; to technological development and telematics; development and empowerment of human resources; development, induction and application of sustainable use technologies of natural resources by the traditional populations: environmental monitoring and prevention of forest fires.

CHAPTER V

OF THE ATTRIBUTIONS OF THE LEADERS

Art. 24. To the President incumbent to represent the IBAMA in judgment or outside of it, to plan, direct, coordinate and control the activities of the Institute, to ratify the acts of dispensation or of declaration of unchargeability of the tenders, in the cases prescribed in law, order expenses, download internal normative acts and convene, when necessary, the meetings of the collegiate bodies.

Art. 25. The members of the collegiate bodies are incumbent on demonstrating and deliberating, where appropriate, on the actions of the IBAMA, within the framework of the competences set out in this Decree, respected the administrative and financial autonomy of the Institute and the legislation in force.

Art. 26. To Directors and other leaders it is incumbent on planning, directing, coordinating and directing the evaluation and execution of the activities of their areas of competence and to exercise other assignments that are committed to them by the President of IBAMA.

CHAPTER VI

OF THE COMPOSITION OF RESOURCES

Art. 27. Constitute resources of the IBAMA:

I? the budget credits that are provided to you by the General Budget of the Union;

II? rents arising from the exploitation and sale of products and byproducts of fauna and flora;

III? the rents, of any nature, resulting from the exercise of activities that are affecting you or the exploitation of real estate under your jurisdiction;

V? the proceeds from loans, aid, grants, contributions, donations from internal and external sources, from the collection of the Control and Environmental Surveillance Fee, fines, prices of services and emoluments provided for in law;

V? the proceeds from congeniums, agreements with national, foreign and international public entities;

VI ? the transfer resources of other bodies of the public administration; and

VII? the complementary revenues from the application of environmental marketing mechanisms, environmental compensations, the sale of products and dissemination of promotional material and ecotourism, among others.

CHAPTER VII

DAS GENERAL PROVISIONS

Art. 28. The Internal Rules of the IBAMA will define the detailing of the integral bodies of their organizational structure, the competencies of the respective units and the assignments of their leaders, in accordance with the amendments of this Decree.

Art. 29. The IBAMA will be able to conclude contracts, arrangements, terms of partnership, agreements and adjustments with public and private, national, foreign and international organizations, aiming at the realization of their finalistic goals.

Art. 30. The IBAMA will act in articulation with the bodies and entities of the Federal Public Administration, direct and indirect, States, Municipalities, Federal District and with organized civil society, to achieve their finalistic goals, in consonance with the guidelines of the national environment policies, emanating from the Ministry of the Environment.

ANNEX II

a) DEMONSTRATIVE PICTURE OF POSITIONS IN COMMISSION OF THE BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES? IBAMA

UNITY

CARGO/ FUNTION

No.

DENOMINATION CARGO/ FUNCTION

DAS

1

President

101.6

5

Assessor of the President

102.4

CABINET

1

Head

101.4

ATTORNEY-general

1

Attorney-General

101.5

1

Deputy Attorney General

101.4

Coordination

4

Coordinator

101.3

AUDITING

1

Auditor-in-Chief

101.4

Coordination

2

Coordinator

101.3

DIRECTOR OF STRATEGIC MANAGEMENT

1

Director

101.5

1

Assessor

102.3

Schedule-General Manager of Planning.

Budget and Control

1

Coodenador-General

101.4

Coordination

2

Coordinator

101.3

Articulation-General of Articulation and

Organizational development

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Coordinator-General of Environmental Education

1

Coordinator

101.4

Coordination

2

Coordinator

101.3

DIRECTORIA OF ADMINISTRATION AND FINANCE

1

Director

101.5

1

Assessor

102.3

Coordinating Overview

1

Coordinator-general

101.4

Coordination

3

Coordinator

101.3

Division

5

Boss

101.2

Fundraising-General Fundraising

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Division

4

Head

101.2

Coordinating Finance-General

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Division

4

Boss

101.2

Coordinating Human Resources

1

Coordinator-General

101.4

Coordination

3

Coordinator

101.3

Division

4

Head

101.2

FOREST DIRECTORATE

1

Director

101.5

1

Assessor

102.3

Coordinator-General Resource Management

Forest

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

General Forestry Coordinator

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

DIRECTORIA OF FISH FAUNA AND RESOURCES

1

Director

101.5

1

Assessor

102.3

Coordinator-General of Fauna

1

Coordinator

101.4

Coordination

2

Coordinator

101.3

General Resource Management Coordinate

Psketches

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

BOARD OF ECOSYSTEMS

1

Director

101.5

1

Assessor

102.3

Conservation Units-General Conservation Units

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Coordinator-General of Ecosystems

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Coordinator-General Regulation

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

LICENSING BOARD AND ENVIRONMENTAL QUALITY

1

Director

101.5

1

Assessor

102.3

Coordinator-General Environmental Licensing

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Coordinate-General Control and Quality

Environmental

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

ENVIRONMENTAL PROTECTION BOARD

1

Director

101.5

1

Assessor

102.3

-General Environmental Watchdog Coordinator

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

Coordination-General Zoning and

Environmental Monitoring

1

Coordinator-General

101.4

Coordination

2

Coordinator

101.3

EXECUTIVE GENERENCIES I

27

Executive Manager I

101.4

Division

135

Boss

101.2

GENERENCIES EXECUTIVEII

10

Executive Manager II

101.3

Service

10

Head

101.1

REGIONAL OFFICES

139

Head of Office

101.1

FEDERAL CONSERVATION UNITS I

18

Head of Unit I

101.3

UNITS OF FEDERAL CONSERVATION II

114

Head of Unit II

101.2

FEDERAL CONSERVATION UNITS III

2

Head of Unit III

101.1

SPECIALIZED CENTERS

20

Head of Center

101.3

Service

21

Head

101.1

b) TABLE SUMMARY OF COSTS OF THE JOBS IN COMMISSION OF THE BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES? IBAMA

CODE

DAS-UNITARIO

CURRENT SITUATION

NEW SITUATION

QTDE.

TOTAL VALUE

QTDE.

TOTAL VALUE

DAS 101.6

6.52

1

6.52

1

6.52

DAS 101.5

4, 94

8

39.52

8

39.52

DAS 101.4

3,08

46

141, 68

48

147, 84

DAS 101.3

1.24

90

111.60

92

114.08

DAS 101.2

1.11

258

286.38

266

295.26

DAS 101.1

1,00

172

172.00

172

172.00

DAS 102.4

3,08

6

18, 48

5

15, 40

DAS 102.3

1.24

7

8, 68

7

8.68

TOTAL

588

784.86

599

799.30

ANNEX III

REMISSION OF POSTS

CODE

DAS-UNITARIO

DA SEGES P/ O IBAMA (a)

DO IBAMA P/ THE SEGES (b)

QTDE.

VALUE

QTDE.

VALUE

DAS 101.4

3.08

2

6, 16

?

?

DAS 101.3

1.24

2

2.48

?

?

DAS 101.2

1, 11

8

8, 88

?

?

DAS 102.4

3,08

?

?

1

3,08

TOTAL

15

17.52

1

3.08

BALANCE OF THE REMANEJAMENTO (a-b)

14

14, 44

?

?