Key Benefits:
DECREE NO. 6,854, OF May 25, 2009.
Disposes about the Aeronautical Reservation Regulation.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 10 and 12 of the Law no 6,880, of December 9, 1980, in the single paragraph of the art. 19 and art. 27 of the Law no 4,375, of August 17, 1964, in Law no 5,292, of June 8, 1967, and in Law no 8,239, of October 4, 1991,
DECRETA:
CHAPTER I
OF THE CONSTITUTION, PURPOSE AND DESTINATION
Art. 1o The constitution and organization of the Aeronautics Reserve will comply with the standards set out in this Decree, which complements those constants of the regulation of the laws on Military Service.
Art. 2o The Aeronautics Reserve is constituted by the military of the Paid Reservation, by citizens whose compliance with the legal devices pertinent to the Military Service and the Alternative Service links to Aeronautics and by the citizens who, in accordance with the specific legislation, have been included in the Aeronautics Reserve.
Art. 3o The Aeronautics Reserve has for the purpose of servicing the needs of Aeronautics personnel in the preparation of their operational and support bodies, as well as in their employment in the defense of the Motherland, in the guarantee of law and order and in participation in peace operations, targeting:
I-in time of peace, in case of convocation, reinclusion or designation, to complete the effectives in the Organizations Military; and
II-in the mobilization or in the course of the war, complete the effectives of military in the Military Organizations and meet the personnel needs of other Aeronautics ' bodies of interest.
CHAPTER II
OF COMPOSITION
Art. 4o The Aeronautics Reserve, for the effects of service provision, is composed of four classes:
I-Reserved from 1to Class (R/1);
II-Reserva from 2to Class (R/2);
III-Reserves from 3to Class (R/3); and
IV-Reserva from 4to Class (R/4).
§ 1o The Corps of Aeronautics Reserve Officers is integrated by the Officers R/1, R/2 and R/3.
§ 2o The Aeronautical Reserve Corps is integrated by the Prags R/1 and R/2.
Art. 5o The R/1 consists of the military of the Paid Reservation.
§ 1o The inclusion in R/1 will give you with the transfer of the career military for the Paid Reservation or with your return to the Paid Reservation after convocation or assignment for the active service.
§ 2o You can be included in the Paid Reservation, the military restrained by permanent disability that is judged to be fit for health inspection in a degree of appeal or review, in the form established in the Status of Servicemen.
§ 3o When being transferred to the Paid Reservation, the military will be included in the reserve of the Career Frame to which it belonged in the active, the Posto or the Graduation in which to find.
Art. 6o The R/2 is constituted:
I-by the temporary military, in active service arising from the legislation dealing with the Military Service and derivative regulation, including this Regulation, as well as arising from specific legislation and by the members of the Supplementary Board of Aeronautics Officers (QCOA);
II-by the Officers of the Career Blocks, dismissed on request or ex officio, except those fired for loss of Post and Patent or by desertion;
III-by the licensed military of the active service, the request or ex officio, except the licensees for the sake of the discipline; and
IV-by the students of the Officers Preparation Course of the Aeronautical Reserve Officers ' Preparation Centres.
§ 1o The R/2 Prags are sorted in Reservists from 1to or 2to Categories, in accordance with the one set out in the Regulation of the Military Service Act.
§ 2o When licensed from the active service, citizen R/2 will constitute Reserva non-Remunerate.
Art. 7o R/3 is constituted by citizens of recognized competence technical-professional or notorious scientific culture which, pursuant to the Status of Military Personnel, are summoned for service in the active in transitional character, appointed Officers and included in the Aeronautics Reserve, composing the non-Remunerated Reserve.
Art. 8o The R/4 consists of the remaining non-integral Brazilians of the R/1, R/2 and R/3, and which, in accordance with the Military Service Act, the Alternative Service Act and their respective regulations, are in a position to be summoned to the Military Service or to the Alternative Service, composing the Reserve non-Remunerate.
Single paragraph. The R/4 members, when summoned to the Military Service, will be incorporated as the R/2 military.
CHAPTER III
OF THE FORMATION OF THE RESERVE PERSONNEL
Art. 9o The formation of the R/1 members is carried out through the courses completed during the career as well as the military trainings carried out along the active service.
Art. 10. The military training of the R/2 members is carried out by means of the Initial Military Service or other forms and phases of provision of the Military Service, including those arising from later convocations, acceptance of volunteers and extension of service time.
Art. 11. The military training of volunteers to compose the Corps of Aeronautics Reserve Officers as R/2, as well as their outreach, updating and complementation of instruction is carried out through the following stages:
I-Stage of Adaptation and Service-EAS;
II-Stage of Instruction and Service-EIS;
III-Technical Adaptation Stage-EAT; and
IV-Technical Instruction Stage-EIT.
Art. 12. EAS and EAT are intended to adapt those emboded to the peculiar conditions of the Military Service and to the professional areas in which they will act within the framework of the Aeronautics Command, by constying from:
I-1a phase: adaptation to military activity by military instruction;
II-2a phase: adaptation to functional activity through work in the respective area of acting professional; and
III-3a phase: professional enhancement.
§ 1o For the realization of the EAS or the EAT, the candidate should possess a diploma, duly registered, from Graduate Superior Course (bachelor, graduate or technologist) in area required to the Aeronautics Command, issued by higher education institution recognized by the Ministry of Education.
§ 2o The total duration of the EAS or the EAT is twelve months.
§ 3o EAS is intended for Doctors, Pharmacists, Dentists and Veterinarians, as per specific standard.
§ 4o The convocation for the EAT will be met in voluntary, conditioned character to which the volunteer is less than thirty-eight years of age, having as a reference the December 31 of the year of their incorporation.
§ 5o When being incorporated for realization of the EAS or EAT, the summoned, as temporary military, will be declared Aspirant-a-Officer of the 2 Reserve Board of Officersthe Class Convocados-QOCon in the respective specialty.
§ 6o The EAS or EAT could be carried out by the women, volunteers, who meet the requirements set out in this Regulation.
§ 7o The EAT is intended for the remaining top level professionals.
Art. 13. The EIS or EIT is intended to update and supplement the instruction given in the EAS or EAT, as well as to fill in, in temporary character, the existing gaps in the structure of Military Organizations, pertinent to the professional areas required by the Command of Aeronautics.
§ 1o For the realization of the EIS or EIT, the officer must have completed all the phases of the EAS or EAT with harnessing.
§ 2o The member of the R/2, in the non-Remunerated Reserve, volunteer, that previously carried out all phases of the EAS or EAT with harnessing, will be able to realize the EIS or EIT, observed the provisions of the art. 31.
§ 3the Powers will realize the EIS or EIT, too, Officers of the Reserve of 2a Class of the Navy and Army, with the maximum rank of First-Lieutenant, volunteers, duly registered diploma holders, of Graduate Higher Course (bachelor, graduate or technologist) in area required by the Command of the Aeronautics, issued by higher education institution recognized by the Ministry of Education, observed the provisions of the art. 31.
§ 4o The Reserve Officers of 2a Class, referred to in the § 3o, when summoned, will be incorporated, with the post they possess, as a temporary military, in the QOCon, in the respective specialty, for the realization of the EIS or EIT.
§ 5o The total duration of the EIS and the EIT is twelve months.
§ 6o The EIS and EIT could be carried out by the women, volunteers, who meet the requirements set out in this Regulation.
§ 7o The EIS is intended for Doctors, Pharmacists, Dentists and Veterinarians, as laid out in specific legislation.
§ 8o The EIT is intended for the remaining top level professionals.
Art. 14. The military training of the R/3 members, enhancement, upgrading, complementation of instruction, when applicable, as well as the duration of Military Service and Posto, given to the specificity of the condition laid down in the Status of Military Shall be established on the occasion of the act of inclusion exarred by the Commander of Aeronautics.
§ 1o In the determination of the duration of the Military Service, the provisions of the art. 31.
§ 2o The summoned R/3, as a temporary military, will be incorporated into the Posto compatible, as determined by the Commander of the Aeronautics, of the Reserve Board of Officers 3the Class Convocados (QOCon3), in the respective specialty.
Art. 15. The R/4 members will not be subject to military training.
§ 1o Applicable case, the specific training of those who opt for the provision of the Alternative Service will be disposed of in own regulation.
§ 2o In the possible cases of convocation for the Military Service, the member of the R/4 will be incorporated as R/2 military, going on to integrate the 2a Class Reserve.
CHAPTER IV
OF THE CONVOCATION AND ASSIGNMENT TO THE MILITARY SERVICE
Art. 16. In peacetime and regardless of convocation, the Booking members will be able to be assigned to active service, in transitional character and upon voluntary acceptance.
Single paragraph. The process for the designation for the active service, mentioned in the caput, is absorbed by the procedures foreseen for the convocation of volunteers, referred to in the art. 17, inciso IV and § 2o.
Art. 17. The members of the Reserve will be convened in accordance with the legislation and regulations dealing with the Military Service for:
I-presentation exercises of the Reserva;
Military exercises, maneuvering and improvement of military knowledge;
III-provision of Military Service and complementation of received instruction;
IV-supplementation, updating and improvement of instruction, parallel to the fulfillment to other needs of the support activities of Aeronautics, in categories top-level professionals, through the temporary filling, in peacetime, of clear existing in the structure of Military Organizations, pertinent to the professional areas needed by the Institution;
V-convocation of emergency, under conditions determined by the President of the Republic, for the guarantee of powers constitutional, law and order, or, still, in the event of public calamity; and
VI-attend to the mobilization.
§ 1o The convocations provided for in this article will be carried out, compulsory or voluntarily, in accordance with the legislation dealing with the Military Service and the derivative regulation, including this Regulation.
§ 2o The expected convocation in the inciso IV, of voluntary character, is effective by means of the assignment of the volunteer for active service, in transitional character, for realization of the elenced stages in the art. 11.
§ 3o The convocations provided for in the incisos V and VI compete for the President of the Republic and, in the remaining cases, to the Commander of Aeronautics.
§ 4o The components of the non-Remunerated Reserve that are summoned to the Military Service will be subjected to the new selection process.
Art. 18. In the situation provided for in the inciso II of the art. 3o, the members of R/1 and R/2 will be summoned in this order.
Single paragraph. The R/3 and R/4 members will be summoned in the event that specific needs exist that demand their services.
Art. 19. The volunteer, candidate for the assignment for the active service, should:
I-present application to the Commander of the Aeronautics, attaching the diploma of completion of the top-level professional course, in the area of its capacity-building, required to the Aeronautics Command;
II-present, if of the male sex, regularity proving with the Military Service, in the form established in the Regulation of the Military Service Act;
III-present proof of regularity with the electoral bonds;
IV-submit to the selective process, in the form established in the legislation and regulations dealing with the Military Service; and
V-be designated for incorporation, in order to perform one of the elenced stages in the art. 11 of this Regulation, as per its history in relation to the Military Service.
Single paragraph. The convening and consequent designation for the active service will occur depending on the need of the Aeronautics Command in relation to the professional area of the volunteer.
Art. 20. The selection of the volunteers for incorporation as a R/2 military will be regional, according to the areas of jurisdiction of each Regional Air Command.
Art. 21. The incorporation to render the Initial Military Service as military R/2, in the hierarchical degrees set forth in the legislation and regulations dealing with the Military Service, shall be carried out in accordance with the prescriptions set out in the General Plan of Convocation, in the Supplementary Statements of Convocation and in the Regional Convocation Plans dispattd by the Regional Air Commands.
Art. 22. The incorporation to the Aeronautics of volunteers to provide Military Service, in temporary character, will be done:
I-as an Aspirant-to-Officer, when incorporated for realization of the EAS or the EAT; and
II-in the Posto that it already owned, when the incorporated is Official R/2 of Aeronautics or other Force, designated to carry out EIS or EIT.
Art. 23. The antique of the built-in will be defined:
I-case embedded in the Posto that already has owned, by its time of effective service provided previously in the respective post until the date of the shutdown arising from the act of its exclusion from the active service of Aeronautics or other Force, as per comprobative documents submitted by the military; and
II-in function of its classification in the selective process and after the military that, on the same date, are being incorporated in the form of the inciso I.
Art. 24. Those convened, selected and designated for incorporation, shall submit to the Military Organization that is assigned to it, within the established time frame.
Single paragraph. When the presentation cannot occur by reason of proven health, such a fact should be communicated by the summoned or by person by him accredited, within the submission deadline, to the nearest military authority.
Art. 25. The summoned, selected and designated for incorporation, which does not present itself to the Military Organization that has been assigned to it within the stipulated time or that, having done so, absent before the official act of incorporation, will be declared insubmissive and will suffer the penalties provided for in the legislation that deals with the Military Service.
Art. 26. The Aeronautical Military Organization that incorporates component of the Reserve of another Force will communicate the fact to the respective Naval District or Military Region, forwarding the presented military situation document.
Single paragraph. The built-in referred to in the caput will pass the compose of the Aeronautics Reserve.
Art. 27. When convened, pursuant to the legislation dealing with the Military Service or to meet a mobilization, the R/2 members who have completed the EAS or the EAT will be empowered to engage in activities in their areas of expertise, up to the post of First-Lieutenant.
Art. 28. Further instructions to this Regulation, on the convening and assignment of volunteers for active duty, in temporary character, to carry out the EAS, the EAT, the EIS and the EIT, will be dispatched by the Commander of the Aeronautics.
Art. 29. The Commander of the Aeronautics, in accordance with the need of the Force, will establish, annually, by specialty, the effectors for realization of EAS, EAT, EIS and EIT.
CHAPTER V
FROM PROLONGATION OF MILITARY SERVICE
Art. 30. Observed the legislation and regulations dealing with the Military Service, as well as the instructions dispatched by the Commander of the Aeronautics, and conditioned on the need of the Aeronautics Command, may be granted, should the interested party require, extensions of the time of service:
I-in the form of EIS or EIT, to Officers R/2; and
II-in the form of engagement or re-engagement, to the incorporated R/2 Prags that conclude the service time to which they are obliged, as laid down in the Regulation for the Graduate Staff of Aeronautics.
Art. 31. In the granting of the extensions, it should be considered that the total time of effective service provided by the incorporated, under any aspect and at any given time, will not be able to reach ten years, continuous or not, computed for that purpose all the times of effective service, inclusive of those provided to the other Forces.
§ 1o In time of peace, no extension of service time will be granted to the military R/2 for periods that come to surpass the date of December 31 of the year in which he completes forty-five years of age, date of his disobligation to the Military Service.
§ 2o The provisions of § 1o does not apply to the members of the QCOA, by are governed by own legislation.
Art. 32. The extensions of the service time for the members of the QOCon will be granted by the Commander of the Aeronautics.
CHAPTER VI
DAS PROMOTIONS
Art. 33. The promotion of the R/1 and R/3 members is veded.
Art. 34. The promotions of the QOCon members shall be effected after the interstings set by the Commander of the Aeronautics and satisfied the requirements set out in the Act on Promotions of the Officers of the Armed Forces Act and the Regulation of Promotions of Officers of the Aeronautics Asset.
§ 1o The Aspirant-the-Official will be promoted to the Posture of Second-Lieutenant of the QOCon, after decoration six months of the date of incorporation, as long as it has completed, with harnessing, at 2the phase of the EAS or the EAT.
§ 2o The promotion to the QOCon Second-Lieutenant's Posture will imply its inclusion in the Officers Corps of the Aeronautics Reserve.
Art. 35. The Seconds-Tenents of the QOCon who conclude the EAS or the EAT with use, by being licensed from the active service, will be promoted to the First-Lieutenant's Post, from the date of the licensing.
Art. 36. The QOCon is constituted of the Posts of Second-Lieutenant and First-Lieutenant.
Art. 37. The promotions of the R/2 Prags will be effected in accordance with the Regulation for the Graduate Staff Corps of Aeronautics and with the Graduate Promotion Regulation of Aeronautics.
Art. 38. The promotions will only occur when the R/2 member is on active duty, in the condition of temporary military.
CHAPTER VII
OF THE LICENSING AND ACTIVE SERVICE INTERRUPTIONS
Art. 39. Licensing of the active service is the act by which Officers R/2 or R/3 and the Prags of the active are excluded from active service and included in the non-Remunerated Reserve
Art. 40. The military R/2 and R/3 will be licensed from the active service in the form established in the Status of Military and in the legislation dealing with Military Service, in the following situations:
I-on request, provided that there is no injury to the service, in the following cases:
a) if Official, after provision of the active service for six months, as long as it is not presupping the Military Service Initial; and
b) if Square engaged or reengaged, as long as it counts, at the very least, half the time of service to which it was compelled;
II- ex officio, in the following cases:
a) by applying for elective post, observed the specific legislation;
b) for passing on to post office or permanent public employment stranger to military activity, as long as it is not by paying the Home Military Service;
c) by completing the service time or internship;
d) for convenience of the service; and
e) the good of the discipline.
§ 1o The licensed military, except the licensee for the sake of the discipline, ex officio, will be added or readded to the non-Remunerated Reserve.
§ 2o In the cases of the points? e? b? of the inciso II, the military shall be, immediately, licensed and disconnected from the Military Organization to which it is bound from the date on which it has applied for elective office or that it has passed public office.
§ 3o The licensing, ex officio, the good of the discipline, does not apply to the Officers and the Aspirants-the-Official.
Art. 41. The licensing, ex officio, by completion of the time of service or internship, will be effected at the end of the time to which the military has obliged, observed the provisions of the Staff Regulations of the Military and the Regulation of Military Service Law.
Art. 42. The licensing of the service, ex officio, for the convenience of the service, can be applied when:
I-for judged, by Board of Health of Aeronautics, unable temporarily for active service by molecule, accident or physical limitations, without cause and effect to conditions inherent in the service and can only be recovered in the long term;
II-for convict, in irrecurrable sentence, for felony felony;
III-for estranged from the post or prevented from the exercise of military function, in the form established in the Status of Military;
IV-for deemed unable to meet the requirements of professional and moral concepts; and
V-take possession in office, employment or temporary civil civil service, non-elective, albeit of indirect administration.
Art. 43. The licensing, ex officio, the good of the discipline, will occur in compliance with the Disciplinary Regulation of Aeronautics.
Single paragraph. The licensee, ex officio, for the sake of the discipline, will be considered exempt from the Military Service and will receive the exemption certificate provided for in the Regulation of the Military Service Act.
Art. 44. The military R/2 or R/3 will be able to have your active service disrupted for the following reasons:
I-nullification of incorporation;
II-disincorporation;
III-defection; or
IV-extravio.
§ 1o The Regulation of the Military Service Law sets out the cases in which there will be the annulment of the incorporation and the disincorporation, with the consequent exclusion of active service.
§ 2o The interruption of active service by desertion or extravio will give it as per established in the Statute of the Military.
§ 3o The Aspiring-a-Official R/2, incorporated, can, too, be excluded, ex officio, for the sake of discipline, in accordance with the established in the Status of Military and in the Disciplinary Regulation of Aeronautics.
CHAPTER VIII
OF THE DUTIES AND RIGHTS
Art. 45. The duties and rights of the R/1 members are specified in the Staff Regulations of the Military.
Art. 46. The duties and rights of the R/2, R/3 and R/4 members are specified in the legislation and regulations dealing with the Military Service and the Alternative Service.
§ 1o When incorporated, the member of R/2 and R/3 is submitted to the obligations and military duties provided for in the Statute of the Military and in the remaining legislations and regulations specific to the military.
§ 2o When incorporated, the member of R/2 and R/3 possesses the rights pertinent to the military of the active established in the Status of Servicemen, save those not extensive to their condition of temporary military, in particular assured or presumed vitalousness.
Art. 47. When necessary to make reference to the rank or graduation, the military of the Paid Reserve will report, in addition to its hierarchical degree, its increased source frame of the acronym R/1.
Art. 48. The R/1 military will be able to make use of the uniforms in military solenities, in commemorative civic ceremonies of national dates and in solemn social acts of particular character, as long as authorized by the Commander of the Regional Air Command to which is linked, upon application.
Art. 49. The military R/1 should report to the Military Organization to which any change of domicile is linked, albeit in the same locality.
Art. 50. The R/1 military, when it intends to be absent from the Country, for a period of more than ninety days, shall communicate such a fact, prior to embarkation, to the Military Organization to which it is bound.
CHAPTER IX
OF THE RESIGNATION AND DELETION OF THE RESERVATION
Art. 51. It is provided to the military R/1, in peacetime, to call for the dismissal of the Aeronautical Paid Reserve.
Single paragraph. The military of which it treats the caput, will automatically pass it on to R/2.
Art. 52. The R/1 military will be excluded from the Aeronautics Reserve in due course of the following situations, disciplined in the Status of Militaries:
I-reform;
II- dismissal for loss of the Post and Patent;
III-exclusion for the sake of the discipline, with the loss of the hierarchical degree; and
IV-by demise.
Art. 53. In peacetime, the members of the non-Remunerated Reserve will be excluded from the Aeronautical Reservation automatically on December 31 of the year in which they complete forty-five years of age.
§ 1the Will be excluded, too, from the Aeronautics Reserve the component of the Reservoe non-Remunerate that, prior to the date of December 31 of the year in which you complete forty-five years of age:
I-joining in the military career of Aeronautics;
II-joining the active service of another Force;
III-pursuant to the Regulation of the Military Service Act, is transferred to the Reserve of another Force;
IV-for judged incapable definitively for active service, in health inspection carried out by health board of the Aeronautics; and
V-fail.
§ 2o In the case of the inciso IV of § 1o, the Brazilian will be considered exempt from the Military Service and will receive the certificate of exemption from the Military Service, provided for in the Regulation of the Military Service Law, in replacement of the military situation comprobative document it previously owned.
Art. 54. The R/2 or R/3, incorporated, which, pursuant to the Staff Regulations of the Military, comes to lose the Posto and the Patent, shall be licensed from the active service and excluded from the Aeronautics Reserve, receiving the certificate of military status, provided for in the Regulation of the Military Service Law, in substitution of its Patent Charter.
Single paragraph. The Letter Patent of the Officer who lost the Post and the Patent is to be collected and remitted to the Military Organization that has expedited it to be invalidated.
CHAPTER X
OF THE GENERAL AND FINAL PROVISIONS
Art. 55. Non-Remunerated Reserve components will only be considered temporary military when incorporated into the Aeronautics on convocation, mobilization or designation for the active service.
Single paragraph. Temporary servicemen in the Aeronautics are the Officers and the R/2 Prags and the R/3 Officers who, while incorporated, act on the active duty for the right and determined time.
Art. 56. The R/2 and R/3 members become subject to the legislation and regulations dealing with the Military Service and, when incorporated, also to the provisions of the Status of Military and too many legislations for the military of the active Command of the Aeronautics, pertinent to the situation of temporary military.
Art. 57. The R/2 and R/3 members, when incorporated, will use the uniforms provided for in the Regulation of Uniforms for Aeronautics Militaries, as established by the Commander of the Aeronautics.
Single paragraph. It is vetted the use of the uniforms provided for in the Regulation of Uniforms for Aeronautics Militaries by the R/2 and R/3 members when in the non-Remunerated Reserve.
Art. 58. This Decree comes into effect on the date of its publication.
Art. 59. They are revoked:
I-the Decree no 30,776, of April 23, 1952;
II-the Decree no 35,474, of May 6, 1954;
III-the Decree no 43,277, of February 25, 1958;
IV-the Decree no 52,335, of August 8, 1963; and
V-the Decree no 76,041, of July 29, 1975.
Brasilia, May 25, 2009; 188the of Independence and 121o of the Republic.
LUIZ INÁCIO LULA DA SILVA
Nelson Jobim
