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Decree No. 5135, 7 July 2004

Original Language Title: Decreto nº 5.135, de 7 de Julho de 2004

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DECREE NO. 5,135, OF July 7, 2004.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Civil House of the Presidency of the Republic, 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. 1st Ficam approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Civil House of the Presidency of the Republic, in the form of the Annexes I and II to this Decree.

Art. 2nd As a result of the provisions of the art. 1st, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors Superiors-DAS:

I-of the Office of Management, of the Ministry of Planning, Budget and Management, for the Civil House of the Presidency of the Republic, three DAS 101.5; two DAS 101.4; twelve DAS 101.3; nine DAS 102.5; sixteen DAS 102.4; twenty-two DAS 102.3; twenty-five DAS 102.2; and twenty-two DAS 102.1; and

II-from the Civil House of the Presidency of the Republic to the Secretary of Management, of the Ministry of Planning, Budget and Management, six DAS 101.2.

Art. 3rd The apostilings arising from the approval of the Structure Regimental of which treats art. 1st shall occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State Head of the Civil House of the Presidency of the Republic shall publish, in the Official Journal of the Union, within forty-five days, counted from the date of publication of this Decree, nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

Art. 4th O internal Regiment of the Civil House will be approved by the Minister of State Head of the Civil House of the Presidency of the Republic and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

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

Art. 6th Ficam revoked the Decrees in the 4,607, of February 26, 2003; and 4,788, of July 21, 2003.

Brasilia, July 7, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA
Guido Mantega
José Dirceu de Oliveira e Silva

ANNEX I

REGIMENTAL STRUCTURE OF THE CIVIL HOUSE OF THE PRESIDENCY OF THE REPUBLIC

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1st A Civil House, the essential organ of the Presidency of the Republic, has as an area of competence the following matters:

I-assistance and direct and immediate advisement to the President of the Republic in the performance of his assignments, in particular in the matters relating to the coordination and integration of the actions of the Government;

II-prior verification of the constitutionality and legality of the presidential acts;

III-evaluation and monitoring of governmental action and of the organs and entities of the Federal Public Administration, in particular of the priority targets and programmes defined by the President of the Republic;

IV-analysis of merit, opportunity and compatibility of proposals, inclusive of subjects in tramway in the National Congress, with the governmental guidelines;

V-publication and preservation of the official acts;

VI-supervision and execution of the administrative activities of the Presidency of the Republic and, surly, the Vice Presidency of the Republic;

VII-evaluation of government action and the outcome of the management of the administrators, within the framework of the member bodies of the Presidency of the Republic and Vice-Presidency of the Republic, in addition to others determined in specific legislation, through the accounting, financial, budgetary, operational and heritage surveillance;

VIII-execution of the supporting activities necessary for the exercise of the competence of the Higher Council of Cinema-CONCINE and the Deliberative Council of the Amazonian Protection System-CONSIPAM;

IX-operationalization of the System of Protection of the Amazonia-SIPAM; and

X-execution of the policies of certificates and technical and operational standards, approved by the Gestor Committee of the Brazilian Public Key Infrastructure-ICP-Brazil.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2nd The Civil House has the following organizational structure:

I-direct assistance organs and immediate to the Minister of State:

a) Special Advising;

b) Cabinet;

c) Executive Secretariat:

1. Secretion of Administration;

1.1. Planning Board, Budget and Finance;

1.2. Human Resources Board;

1.3. Logistic Resource Board;

1.4. Directorate of Information Technology; and

1.5. Telecommunication Board;

2. National Press;

3. National Archive; and

4. Center Manager and Operational of the Amazon Protection System-CENSIPAM;

d) Subheads of Analysis and Monitoring of Governmental Policies;

e) Subheads for Affairs Legal; and

f) Subheads of Articulation and Monitoring;

II-specific organ-specific organ: Secretariat-Executive of the Public Ethics Commission;

III- sevector organ: Internal Control Registry;

IV-collegiate organs:

a) Deliberative Council of the Amazon Protection System-CONSIPAM; and

b) Board Superior Council-CONCINE;

V-linked entity: National Institute of Information Technology-ITI.

CHAPTER III

OF THE COMPETENCE OF THE ORGANS

Section I

Of The Direct and Immediate Assistance Bodies to the Minister of State

Art. 3rd To the Special Advising competes:

I-advise the Minister of State in the exercise of his post and, especially, in the examination and conduct of the affairs affections to the Civil House of the Presidency of the Republic;

II-collaborate with the Minister of State in the preparation of pronouncements, speeches and documents of interest of the Civil House of the Presidency of the Republic;

III-advising the Minister of State in the formulation and implementation of the communication policy of the Civil House of the Presidency of the Republic; and

IV-provide advice to the Minister of State on themes that are determined to him.

Art. 4th To the Cabinet competes:

I-watch the Minister of State in the framework of his acting, including in his functional, personal, political and social representation;

II-incumbent upon the preparer and dispatch of the expedient of the Minister of State and of his tariff of audiences;

III-supporting the holding of events of the Minister of State with representations and national and international authorities;

IV-follow up on the progress of the projects of interest of the Civil House, in tramway in the National Congress; and

V-carry out other activities determined by the Minister of State.

Art. 5th To the Executive Secretariat competes:

I-advise and assist the Minister of State, within the framework of his / her competence;

II-exercise the supervision and coordination of the activities of the integral bodies of the structure of the Civil House;

III-collaborate with the Minister of State in the direction, guidance, coordination and control of the work of the Civil House and in the definition of guidelines and the implementation of the actions of your area of competence;

IV-submit to the Minister of State the planning of the global action of the Civil House and the budget proposal and the annual financial programming of the Presidency of the Republic;

V-evaluate the implementation and the final outcome of specific actions of the Federal Government, when determined by the Minister of State;

VI-receive, control and record the directions for positions in the framework of the Federal Administration;

VII-supervising and coordinating the administrative activities of the Presidency of the Republic and supplements the Vice Presidency of the Republic;

VIII- provide for the official publication and disclosure of the matters relating to the acting area of the Civil House;

IX-receive and arrange the expedient to be taken dispatching with the President of the Republic;

X-arrange for the fulfillment of the consultations and the requirements formulated by the National Congress;

XI-Subway the Minister in the Union's budget and financial affairs;

XII-supervise and coordinate the public relations activities in the Presidency of the Republic; and

XIII-carry out other activities determined by the Minister of State.

Art. 6th To the Registry of Administration competes:

I-plan, coordinate, supervise, drive and control the execution of the internal activities related to the Planning Systems and of Federal budget, Civil Personnel of the Federal Administration-SIPEC, of General Services-SISG, of Administration of Information and Informatics Resources-SISP, of Documentation and Archives-SINAR, as well as the activities of organization and modernization administrative;

II-perform the internal activities of heritage and supply administration, telecommunications, and publication of the official acts;

III-plan, coordinate, supervise, perform and control the activities of articulation with the Raiz-AC Root Certification Authority, of the Brazilian Public Key Infrastructure-ICP-Brazil, for the integral bodies of the structure of the Presidency of the Republic and agents public nominees indicated by the Civil House, which relate to the dispatch of electronic documents; and

IV-carry out other activities determined by the Executive Secretary of the Civil House.

Single paragraph. Ressaving the situations provided for in specific legislation, the area of competence of the Registry of Administration covers the integral bodies of the organizational structure of the Presidency of the Republic and, surly, the Vice-Presidency of the Republic.

Art. 7th To the Directorate of Planning, Budget and Finance competes:

I-plan, coordinate, supervise, execute, evaluate and control, according to the standards of the organs central to the federal financial administration planning and budget systems, the activities related to:

a) elaboration, implementation of the budget, programming and financial implementation of the Presidency of the Republic and, in what couber, of the linked or supervised entities; and

b) grant, application and substantiation of Fund Supplies, inclusive of those intended to cover expenses for servicing peculiarities of the Presidency of the Republic, and

II-engage in other activities determined by the Secretary of Administration.

Art. 8th To the Human Resources Directorate competes:

I-plan, execute, coordinate, supervise and control the activities related to the administration, integration, development, capacity-building, formation, enhancement, enhancement and health care of the servers;

II-plan and execute internal administrative activities related to the security and support of the former Presidents of the Republic, in the form of the legislation in force;

III -to articulate with the organs of the Public and nongovernmental Administration to enable the realization of mutual relapsing forums of information and socialization of experiences;

IV-support the dissemination of practices successful people management in the Federal Administration; and

V-exercise other activities determined by the Secretary of Administration.

Art. 9th To The Directorate of Resources Logistics competes:

I-plan, coordinate, supervise, and control the execution of the activities related to:

a) tenders and contracts aimed at the acquisition of goods permanent and consumer heritage, food genres and the hiring of works and services;

b) elaboration of works projects, maintenance, repairs, modifications and engineering services in buildings and functional real estate, including maintenance of electric power generating and steam generating plants and urbanization of green areas;

c) supply and heritage administration;

d) administration of the archive, administrative communication, the publication of the official acts and the bibliographical acquis;

e) administration of kitchens and lunchrooms and prepares of presidential event venues;

f) administration of palaces, official residences and functional real estate;

g) administration of transportation of loads, authorities and servers, of the guard and maintenance of the official vehicles; and

h) hiring of lodging and transportation of change of furniture and baggage of servers, in accordance with the prevailing legislation; and

II-exercise other activities determined by the Secretary of Administration.

Art. 10. The Directorate of Information Technology competes:

I-plan, execute, coordinate, supervise and control the activities related to:

a) technology area policy of the information, including the security of electronic information;

b) development, contracting and maintenance of technology solutions and information systems;

c) articulation with bodies of the Federal Executive and the remaining Powers in the subjects affections to the use of information technology;

d) specification of resources, implementation, dissemination and encouragement of the use of technology solutions of the information; and

e) guidance and support to users in the installation, configuration and use of equipment, utilization of systems, applications and too many services in the area of information technology;

II-plan, execute, coordinate, and control the articulation activities of the Administration Secretariat with the Raiz-AC Root Certification Authority, of the Brazilian Public Key Infrastructure-iCP-Brazilian; and

III-exercise other activities determined by the Secretary of Administration.

Art. 11. To the Telecommunications Directorate competes:

I-plan, coordinate, supervise, control and execute the activities related to:

a) policy, guidelines and administration of the telecommunication, electronic and electronic security features;

b) articulation with telecommunications companies and with the national telecommunication control regulatory body;

c) operation and uninterrupted maintenance of the communications, service, information and operating desks of the palaces, the official residences and the Offices of the President of the Republic and the Vice-President of the Republic; and

d) use, operation and maintenance of the Auditorium of Annex I of the Palace of the Planalto and the equipment there installed;

II-promoting the security of communications within the framework of the Presidency of the Republic;

III-plan and carry out, in conjunction with the Office of Institutional Security, the technical activities of supporting telecommunications, electronics, radio-operation, telephony and electronic security to the President of the Republic, including those related to travel, displacements and events of which he / she comes to participate; and

IV-exercise other activities determined by the Secretary of Administration.

Art. 12. The National Press competes to publish and publicize the official acts of the Federal Administration.

Art. 13. To the National Archive, the central body of the National Archives System, it competes to implement the national archival policy through the management, the pick-up, preservation and dissemination of the Country's documentary heritage, ensuring full access to the information for the purpose of supporting the governmental decisions of political-administrative character, the citizen in defending their rights and encouraging the production of scientific and cultural knowledge.

Art. 14. The Center Manager and Operational of the Amazon Protection System-CENSIPAM competes:

I-propose, follow up, implement and execute the policies, guidelines, and actions aimed at the SIPAM, approved and defined by the The Deliberative Council of the Amazon Protection System -CONSIPAM;

II-fomenting and conducting studies and research, and thus the development of human resources within the framework of its competence;

III-coordinate, control, and evaluate the actions and activities regarding the activation of SIPAM;

IV-manage the implementation of cooperative actions, in partnership with organs and agencies government, with acting and interest in the area, seeking to avoid duplicity of efforts and losses from the efficiency and effectiveness of the results;

V-supervising, coordinating and developing the necessary actions to the implementation of the administrative, logistics, technical, operational and maintenance activities, in support of the integrated acting of the representatives of the federal, state, district, municipal and nongovernmental bodies, within the framework of the SIPAM;

VI-articulate with the federal, state, district, municipal, and nongovernmental bodies to promote the gradual and structured activation of SIPAM;

VII-develop actions for update and continued evolution of the concept and technological apparatus of the SIPAM;

VIII-secretariats and provide technical and administrative support to the CONSIPAM;

IX-forward the recommendations from the CONSIPAM to the Ministries and too many interested bodies and entities;

X-articulate with organs of the Federal, State, District and Municipal Administration and responsible nongovernmental entities by the implementation of the actions and strategies for the implementation of the deliberations of the CONSIPAM, and may firm up agreements, arrangements and other instruments necessary for the fulfillment of these tasks;

XI-elaboration report on the execution and the results achieved by the SIPAM's integral programs and projects, annually or when requested;

XII-implement and operationalize the CONSIPAM guidelines related to the SIPAM;

XIII-coordinate the actions regarding the programs and projects affected to the SIPAM, defined by the CONSIPAM; and

XIV-carry out other activities determined by the Executive Secretary of the Civil House.

Art. 15. To the Undergraduate of Analysis and Monitoring of Governmental Policies competes:

I-advise the Minister of State in the follow-up to the formulation and implementation of government programs and projects, and in the analysis of merit of matters relating to States and Municipalities;

II-proceed to the analysis of merit, timeliness and compatibility of the proposals and projects submitted to the President of the Republic, as well as of the subjects in tramway in the National Congress, with governmental guidelines;

III-promote, in articulation with the Undergraduate of Articulation and Monitoring, the coordination and integration of Government actions;

IV-request information and proceed to analyses and studies on projects, proposals or themes concerning public policies under examination by Subbosia;

V-participate in the follow-up and the evaluation of management contracts of public entities, in the cases determined by the Minister of State;

VI-prepare the messages of the President of the Republic to the Legislative Power; and

VII-carry out other activities determined by the Minister of State.

Art. 16. To Subbosia for Legal Affairs competes:

I-advise the Minister of State on matters of a legal nature;

II-check, beforehand, the constitutionality and legality of the presidential acts;

III-establish articulation with the Ministries and their respective Legal Consultorias, or equivalent bodies, on matters of a legal nature;

IV- examine the legal grounds and form of the acts proposed to the President of the Republic, being authorized to return to the home organs those at odds with the prevailing standards;

V-conduct studies and Representations as to the juridicity of the acts, projects, processes and other documents, issuing opinion;

VI-overseeing the elaboration of projects and normative acts of initiative of the Executive Power;

VII-render legal advisor to the organs of the Presidency of the Republic;

VIII-maintain and update, in database, legislative reference files, jurisprudential and affairs correports, including on the internet;

IX-coordinate the activities of drafting, drafting, and tramping of normative acts to be forwarded to the President of the Republic;

X-manage the System of Generation and Tramitation of Official Documents-SIDOF; and

XI-carry out other activities determined by the Minister of State.

Art. 17. The Undergraduate of Articulation and Monitoring competes:

I-advise the Minister of State in monitoring the priority goals and targets set by the President of the Republic;

II-coordinate, monitor and evaluate the results of the programs and projects deemed to be given priority by the President of the Republic;

III-exercise the functions of Executive Office of the Chambers of the Government Council coordinated by the Civil House, articulating the strategic actions of government;

IV-subsidize the formulation of the government's general agenda, in particular with regard to the targets, programs and projects considered to be given priority by the President of the Republic;

V-plan, coordinate and supervise the implementation of the systems for evaluating the performance of government action;

VI-assist the actions of the Personal Cabinet of the President of the Republic, when requested; and

VII-carry out other activities determined by the Minister of State.

Section II

Of The Specific Body Singular

Art. 18. The Secretariat-Executive of the Public Ethics Commission competes:

I-provide the technical and administrative support to the work of the Public Ethics Commission;

II-follow up and coordinate the implementation of the deliberations and guidelines of the Public Ethics Commission and implement the actions by it fixed;

III-articulate with the organs of the Presidency of the Republic and with the remaining organs and entities of the Federal Public Administration, direct and indirect, when necessary or by determination of the Public Ethics Commission; and

IV-promote the interlocalization of the Public Ethics Commission with the sectoral ethics commissions of the organs and entities of the Federal, direct and indirect Administration, assisting them in the supervision of the observance of the Code of Conduct of the Federal High Administration.

Section III

Of The Setorial Body

Art. 19. To the Registry of Internal Control, the sectoral body of the Internal Control System of the Federal Executive Power, with acting in the essential organs and too many integral bodies of the structure of the Presidency of the Republic and the Vice Presidency of the Republic, compete:

I-exercise the control, surveillance and evaluation of accounting, financial, budgetary, operational and heritage management, including as to the efficiency and effectiveness of its results;

II-carry out analytical accounting;

III-administer and control access to the Federal Government's Financial Administration System, within the framework of its area of acting;

IV-institute-institute intakes of special, extraordinary and annual accounts;

V-keeping records and controls accounting and budgetary and financial execution of the resources applied in development of actions and specific programs of peculiar competence of the Presidency of the Republic, as well as on the comprobative documentation of these operations;

VI-apurar, in the exercise of its functions, the acts or unfettered facts of illegal or irregular, practiced in the use of public resources;

VII-carry out audits on the management of federal public resources under the responsibility of organs and entities public and private, as well as on agreements and contracts firmed up with international bodies;

VIII-check the accuracy and sufficiency of data concerning admission and deallotment of personnel, to any title, and the granting of pensions and pensions;

IX-scrutinize and evaluate the fulfillment of the targets set out in the multiannual plan and the Union's budgets, as well as to the level of the implementation of the programmes of government and the quality of management;

X-providing guidance to public resource managers in the budget, financial, equity and accounting execution;

XI-support the ministerial and administrative supervision and external control in the exercise of its mission, acting as interlocutor of the Court of Auditors of the Union;

XII-exercise the internal control activities of the ITI, of the Advocacy-General of the Union, in addition to other bodies determined in specific legislation; and

XIII-carry out other activities determined by the Minister of State.

Single paragraph. Audits and audits executed in a decentralized manner, including upon arrangements, agreements, adjustments, repass contracts and other congenient instruments, may be carried out by the regional units of the Union Controller-General's Office, when requested by the Internal Control Registry.

Section IV

Of The Collegiated Organs

Art. 20. To the CONSIPAM it is up to exercise the competences set out in the Decree of October 18, 1999.

Art. 21. To the CONCINE it is up to exercise the competencies set out in the Decree no 4,858, of October 13, 2003.

Section V

Of The Entity Linked

Art. 22. To the ITI it is up to exercise the competences set out in the Decree no 4,689, of May 7, 2003.

CHAPTER IV

OF THE ASSIGNMENTS OF THE LEADERS

Section I

Do Executive Secretary of the Civil House

Art. 23. The Executive Secretary of the Civil House is incumbent:

I-coordinate, consolidate and submit to the Minister of State the Civil House's overall action plan;

II-supervise and evaluate the implementation of the projects and activities of the Civil House;

III-supervising and coordinating the articulation of the organs of the Civil House with the central bodies of the systems, affections to the area of competence of the Secretariat-Executive; e

IV-exercise other assignments that are committed to it by the Minister of State.

Section II

Of The Other Leaders

Art. 24. To the Subchiefs, the Chief Adviser, the Secretaries, the Directors-General, the Directors and the Executive Secretary of the Public Ethics Commission shall be incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the units that integrate their respective areas and exert other assignments that are committed to them.

Art. 25. To the Chief Minister's Office and to the other leaders it is incumbent to plan, coordinate and guide the implementation of the activities of the respective units and to exercise other assignments that are committed to it.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 26. The requisitions of personnel to have exercise in the Presidency of the Republic will be made through the Civil House of the Presidency of the Republic.

Single paragraph. The requisitions that it treats the caput are iruseable, for indefinite time, and should be promptly met, except in the cases provided for in law.

Art. 27. To the servants and public servants of any body or entity of the Federal Administration, placed at the disposal of the Presidency of the Republic, all the rights and advantages to which they make jus in the organ or entity of origin shall be secured, inclusive functional promotion.

§ 1st The requested server or public servant will continue contributing to the provident institution to which it is filleted, without interruption of the service time count on the organ or entity of origin.

§ 2nd The period in which the server or public servant remains at the disposal of the Presidency of the Republic will be considered, for all the effects of functional life, as effective exercise in the post or employment that occupiers in the organ or entity of origin.

§ 3rd The promotion referred to in the caput, respected the criteria of each entity, may be granted by the organs of the Federal, direct and indirect Administration, without prejudice to the quotas or limits set in the respective personnel regulations.

Art. 28. The performance of function in the Presidency of the Republic constitutes, for the military, activity of a military nature and relevant service and, for civilian personnel, relevant service and meritless title, for all the effects of functional life.

Art. 29. The internal regiment will define the detailing of the integral units of the Civil House Regimental Structure, the competencies of the respective units and the assignments of their leaders.