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Decree No. 4490, Of 28 November 2002

Original Language Title: Decreto nº 4.490, de 28 de Novembro de 2002

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DECREE NO. 4,490, OF November 28, 2002

Approves the Regimental Structure and the Demonstrative Frame of the Positions in Commission and Gratified Functions of the Corregedoria-General of the Union, 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, and with a view to the provisions of the art. 32 of Law No. 9,649, of May 27, 1998,

D E C R E T A:

Art. 1º Become approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions, of the Corregedoria-General of the Union, in the form of the Annexes I to III to this Decree.

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

I-from the Civil House of the Presidency of the Republic to the Corregedoria-General of the Union, three DAS 101.6; three DAS 101.5; ten DAS 101.4; one DAS 101.3; one of DAS 102.5; seven DAS 102.4; four DAS 102.2; and three DAS 102.1; and

II-of the Registry of Management, of the Ministry of Planning, Budget and Management, created pursuant to Law No. 10,539 of September 23, 2002, for the Corregedoria-General of the Union, three DAS 101.5; four DAS 101.4; two DAS 101.3; one DAS 102.5; twelve DAS 102.2; and ten DAS 102.1.

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

Paragraph single. After the apostilaments provided for in the caput, the Minister of State Corregedor General of the Union shall publish, in the Official Journal of the Union, within forty days, counted from the date of publication of this Decree, nominal relation 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. 4º The internal regiments of the units of the Corregedoria-General of the Union shall be approved by the Minister of State Corregedor-General and published in the Official Journal of the Union, within ninety days, counted from the publication of this Decree.

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

Art. 6º It is repealed Decree No. 4,308, of July 19, 2002.

Brasilia, November 28, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Dias

aAnadyr of Mendonça Rodrigues

STRUCTURE REGIMENTAL OF THE CORREGEDORIA-GENERAL OF THE UNION

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1º The Corregedoria-General of the Union, Central Body of the Internal Control System of the Federal Executive Power and an integral part of the structure of the Presidency of the Republic, addressed by the Union Minister of State Corregedor-General of the Union, has as an area of competence to attend directly and immediately to the President of the Republic in the performance of his assignments, as to the matters and arrangements which, within the scope of the Executive Power, are achievable to the defence of public patrimony, internal control, public audit and oupanda-general.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Corregedoria-General of the Union has the following organizational structure:

I-units of direct and immediate assistance to the Minister of State Corregedor-General of the Union:

a) Cabinet; e

b) Legal advice;

II-setorial units:

a) Directorate of Internal Management; and

b) Directorate of Systems and Information;

III-specific units:

a) Ouvidoria-Geral; and

b) Subcorregedoria-Geral;

1. Internal Wisdom of Instruction;

2. Internal Wisdom of Execution;

3. Corregnal of Procedures; and

4. Federal Office of Internal Control;

4.1. Audit Board of Economic Area Programs;

4.2. Audit Board of Social Area Programs;

4.3. Board of Audit of Infrastructure Area Programs Audit;

4.4. Audit Board of Accounts;

5.5. Staff and Accountability Audit Directorate of Special Accounts; and

4.6. Board of Management System of Internal Control;

IV-decentralized units: Corregeddas-General of the Union in the States; and

V-collegiate body: Coordination Commission of Internal Control.

CHAPTER III

DAS COMPETENCIES

Section I

Das Direct and Immediate Assistance Units to the Minister of State Corregedor-General of the Union

Art. 3º To the Cabinet competes:

I-attend the Minister of State Corregedor-General of the Union in your political and social representation; to occupy yourself with the public relations and the preparer and dispatch of your personal expedient;

II-follow the progress of the projects of interest of the Corregedoria-General of the Union, in tramway in the National Congress;

III-provide for the fulfillment of the consultations and the required requirements formulated by the National Congress;

IV-plan, coordinate, and supervise the development of the social media activities of the Corregedoria-General of the Union; and

V-exercise other assignments that are committed to you by the Minister of State Corregedor-General of the Union.

Art. 4º The Legal Advice competes:

I-advise the Minister of State Corregedor-General of the Union in matters of a legal nature;

II-attend the Minister of State Corregedor-General of the Union in the internal control of the administrative legality of the acts to be by it practiced or already effectivated;

III-elaboration studies on legal topics, when asked and to examine, preview and conclusively, anteprojects of law, interim measures, decrees and other normative acts of interest of the Corregedoria-General of the Union;

IV-issue legal opinion in the representations and complaints forwarded to it, by determination of the Union Minister of State Corregedor-General of the Union, suggesting the appropriate arrangements;

V-prepare information for instruction of judicial proceedings of interest of the Union's Corregedoria-General;

VI-propose the declaration of nullity of administrative act practiced within the framework of the Union-General's Corregedorium; and

VII-examine, prior and conclusively, within the framework of the Corregedoria-General of the Union, the texts of bidding edital and of the respective congenital contracts or instruments, to be published and celebrated, as well as the acts by which one is going to recognize the inexigibility, or decide the bidding dispensation.

Section II

From the Setorials

Art. 5º To The Directorate of Internal Management competes:

I-planning and coordinating, in articulation with the Office of Civil House Administration Office of the Presidency of the Republic, the implementation of activities related to the systems of organization and administrative modernization, human resource management, general, planning and budget services of the Corregedoria-General of the Union;

II-promote the elaboration and consolidation of the plans and programs of the activities of your area of competence and submit them to the top decision; and

III -supervise, coordinate, control and follow up, the administrative activities of the bodies of the Corregedoria-General of the Union in the states.

Art 6º To the Directorate of Systems and Information competes:

I-plan, coordinate, and control the activities of data modelling, development, deployment, user training, evaluation and maintenance of information systems and computer resources;

II-support and participate in the application of the strategy methodology and data analysis and make supporting information available to the process of strategic decision making;

III-promote in articulation with other bodies of the Federal Public Administration, the integration of information systems of interest of the Union's Corregedoria-General;

IV-develop, deploy, and provide maintenance to the computerized systems of control of the plans and programs of the Corregedoria-General of the Union;

V-plan, coordinate and control the convesians and contracts, referring to the use of the information systems, firmed up with organs and entities of the Public Administration, private entities and international bodies; and

VI-planning, coordinate, and control the prospecting activity of new technologies aimed at the information area.

Section III

Of The Singular Specific Units

Art. 7º To Ouvidoria-General competes:

I-examine manifestations regarding procedures and shares of agents, organs, and entities of the Federal Executive Power;

II-propose the adoption of measures for the remediation and prevention of faults and omissions of those responsible for the inadequate provision of public service;

III-producing statistics indicative of the level of satisfaction of the users of the public services provided within the Federal Executive Power, from demonstrations received;

IV-contribute to the spread of the forms of popular participation in the monitoring and surveillance of the provision of public services; and

V-congregate and guide the actuation of the remaining bodies of ouvidoria of the organs and entities of the Federal Executive Power.

Art. 8º To the Subcorregedoria-General competes:

I-attend the Minister of State Corregedor-General of the Union in the supervision and coordination of the activities of the Corregedorias and the Federal Office of Internal Control;

II-propose to the Minister of State Corregedor-General of the Union to initiate the correctional procedure;

III-coordinate studies related to law forefathers, interim measures, decrees and other normative acts, to be proposed with a view to preventing the repetition of irregularities found in procedures analyzed in the area of their competence;

IV-supervising and coordinating the consolidation of the work plans of the internal audit units of the entities of the indirect Federal Public Administration;

V-coordinate the performance evaluation of the internal audit of the Federal Administration entities indirect, in order to avoid duplicity of efforts and to seek the optimization of the available resources; and

VI-coordinate the updating and maintenance of the data and records arising from the provisions of the art. 29 of Law No. 10,180 of February 6, 2001.

Art. 9º To The Internal Wisdom of Instruction competes:

I-coordinate the Special Working Groups constituted, within the framework of the Corregedoria-General of the Union, with the aim of carrying out the final analysis of imputations of irregularities and to follow up the actions of applications of the federal public resources of liability of the entities of the administration direct from the Federal Executive Power;

II-propose the realization of the initial representations, objecting to the ascertainment, of offending or as a result of representations or complaints received, from injury-related occurrences or threat of injury to public heritage, requesting information and documents to subsidize the examination of matter, with to guide the procedures and measures to be adopted;

III-follow up and control the fulfillment of the required representations, scrutinizing the fulfillment of deadlines;

IV- analyze the forwarded processes for representations, objecting to the requisition of other systemic data that can contribute to your analysis; and

V-analyze the information received and propose the forwarding of the procedures and measures to be adopted.

Art. 10. The Internal Affairs of Execution competes:

I-to institute and conduct, by determination of the Minister of State Corregedor-General of the Union, or of trade, the correctional procedures to establish irregularities practiced within the framework of the Federal Executive Power;

II-promote inspections to instruct ongoing procedures in the framework of the Union's Corregedoria-General;

III-propose the constitution of Special Groups or Working Temporaries, aiming to examine and suggest measures referring to the finding of irregularities;

IV-propose to the Subcorregedoria-General the referral of pieces of information, to the Federal Public Prosecutor's Office and the Federal Police Department, aiming for prosecution and criminal accountability, when verified misdemeanour or ascertained slandering denouncing; and

V-propose to the Subcorregedory-General's provocation of the Advocate-General of the Union, for adoption of the necessary arrangements to the unavailability of the goods, when necessary to the protection of public patrimony.

Art. 11. The Internal Affairs of Procedures competes:

I-follow up on the application of decisions coming from the internal and external control bodies, promoting records of those responsible and accompanying the actions developed by the organs and entities of the public resource management systems, as well as the actions of the managers of Multiannual Plan's integral programs;

II-promote records regarding the introduction of taking special accounts;

III-propose to the Subcorregedoria-General the introduction of syndication or disciplinary administrative procedure, when found the omission of the competent authority; and

IV-effecting the permanent surveillance of the information provided by the organs of the Federal Executive Power, about the course of syndications and administrative processes instituted, to ascertain irregularities, and keep up to date updated from the punishments imposed on the grounds of the practice of irregularities.

Art. 12. Compete, still, to the Corregedorias:

I-analyze, under the supervision of the Subcorregedoria-General, the representations and the denunciations forwarded to them;

II-propose the requisition of expert or expert lauds of organs and entities of the Federal Public Administration, and may indicate the servers necessary for the provision of the services relating to the ongoing procedures or in the stage of introduction; and

III-propose to the Subcorregedoria-General the changes of legal diplomas and normative instruments, aiming to strengthen the mechanisms of control and prevent the occurrence of irregularities or their repetition.

Art. 13. To the Federal Office of Internal Control competes to perform the operational functions of the Internal Control System of the Federal Executive Power, owing:

I-propose to the Minister of State Corregedor-General of the Union the standardization, systematization and standardization of the operational procedures of the organs and of the integral units of the Internal Control System of the Federal Executive Power;

II-coordinate the activities that require integrated actions of the organs and units of the Internal Control System of the Federal Executive Power, with views to the effectiveness of the competences that are common to it;

III-assist the Union Minister of State Corregedor-General in the technical supervision of the activities performed by the organs and by the integral units of the Internal Control System of the Federal Executive Power;

IV-consolidate the work plans of the internal audit units of the entities of the indirect Federal Public Administration;

V-supporting the Central Body in the institution and maintenance of information system for the exercise of activities Finalistics of the Internal Control System of the Federal Executive Power;

VI-render information to the Central Body on the performance and functional conduct of the servers of the career Finance and Control;

VII-subsidize the Union Minister of State Corregedor-General in the verification of the consistency of the data contained in the Fiscal Management Report, as set out in the art. 54 of the Supplementary Act No. 101 of May 4, 2000;

VIII-assisting the Minister of State Corregedor-General of the Union in the drafting of the annual accountability of the President of the Republic to be referred to the National Congress, pursuant to the inciso XXIV of the art. 84 of the Constitution;

IX-exercise the control of credit operations, oairs, guarantees, rights and assets of the Union;

X-assess the performance of the internal audit of the entities of the Indirect Federal Public Administration;

XI-plan, coordinate, control, and evaluate the internal control activities of its administrative units;

XII-check the observance of the limits and conditions for carrying out credit operations and enrolment in Remains a Paying;

XIII-check and evaluate the adoption of measures for the return of total expenditure with personnel to the limit of which they treat the arts. 22 and 23 of the Supplementary Act No. 101, of 2000;

XIV-check the adoption of providences for reconduct of the amounts of consolidated and furnished debts to the limits of which it treats art. 31 of the Supplementary Act No. 101, of 2000;

XV-check the targeting of obtained resources with the disposal of assets, with a view to the constitutional constraints and those of the Supplementary Act No. 101, of 2000;

XVI-assess the fulfillment of the targets set out in the Multiannual Plan and the Law of Budgeting Guidelines;

XVII-evaluate the implementation of the Union budgets;

XVIII-scrutinize and evaluate the execution of the government programs, inclusive decentralized actions carried out to the account of resources coming from the Union's budgets, as to the level of implementation of the goals and the goals set and the quality of the management;

XIX-provide information on the physical-financial situation of the projects and the activities set out in the Union budgets;

XX-propose measures to the Minister of State Corregedor-General of the Union aiming to create conditions for the exercise of the social control over the programs contemplated with resources coming from the Union's budgets;

XXI-assist the Union Minister of State Corregedor-General in the afferition of the adequacy of social control mechanisms on the programmes contemplated with resources from the budgets of the Union;

XXII-carry out audits on the management of public resources federal bodies under the responsibility of public and private bodies and entities, as well as on the application of grants and revenue waiver;

XXIII-carry out audits and audits in the accounting, financial, budget, personnel and too many administrative and operational systems;

XXIV-keep up to date the enrollment of federal public managers; and

XXV-apurar the inward-class acts or facts of illegal or irregular, practiced by public or private actors, in the use of federal public resources; give science to external control and the Union Minister of State Corregedor-General of the Union and, where the case is, communicate to the unit responsible for accounting, for the full arrangements.

Art. 14. To the Directors of Programs Audits of the economic, social and infrastructural areas, it competes to carry out the activities related to the auditing process in the programs of the Multiannual Plan and the annual budgets and in the specific activities from each Ministry, except from the Presidency of the Republic, Advocate General of the Union, Ministry of Foreign Affairs of the Ministry of Defense.

Art. 15. To the Directorate of Audit of Accounts competes:

I-conduct audit on the management of federal public resources under the responsibility of public and private bodies and entities, as well as on the application of grants and revenue renunciation;

II-carry out audits and audits in the accounting, financial and too many administrative systems;

III-evaluate the performance of the internal audit of entities of the indirect Federal Public Administration; and

IV-carry out special audits not achieved by the remaining directorships.

Art. 16. To the Directorate of Personnel and Accountability Audit of Special Accounts competes:

I-accomplish audits and audits in the personnel system;

II-guide and follow up activities of verification of the correctness and sufficiency of data concerning admission and disbanding of personnel and granting of pensions and pensions in the direct, municipal and merit-free Federal Public Administration, as well as admissions and shutdowns in the public companies and mixed-economy societies;

III-check, certify and control the taking of special accounts; and

IV-conduct audits and certify the accounts of the inventariants of the extinct organs.

Art. 17. The Directorate of Management System of Internal Control competes:

I-exercise the planning operational and the statistic of the activities of the Federal Office of Internal Control;

II- carry out the benchmarking of quality and audit procedures, surveillance and other internal control actions;

III-plan, coordinate, and perform external resource audits;

IV-elaboration of government accounts and the monitoring of tax management, in aid of the Central Body; and

V-elaborating standards and guidance regarding the area of competence of the Internal Control System of the Executive Power Federal.

Section IV

Of the Descentralized Units

Art. 18. The Union's General Corregedors in the States compete to play, within the framework of their area of acting, under the supervision of the leaders of the competent units in their respective areas, the assignments established in internal regiment.

Section V

Do Collegiate Organ

Art. 19. To the Internal Control Coordination Commission it is up to exercise the competences set out in the art. 10 of the Decree n3.591 of September 6, 2000, as amended by Decree No. 4,304, of July 16, 2002.

CHAPTER IV

DAS ASSIGNMENTS OF THE LEADERS

Art. 20. To the Subcorregedor-General incumbent:

I-coordinate, consolidate and submit to the Minister of State Corregedor-General of the Union the global action plan of the Subcorregedoria-Geral;

II-plan, drive, coordinate, guide, follow up and evaluate the execution of the procedures and activities developed in the Subcorregedoria-Geral; and

III-exercise other assignments that are committed to it or delegated by the Union Minister of State Corregedor-General.

Art. 21. To the Corregers and the Federal Secretary of Internal Control it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the respective units, and to exercise other assignments that are committed to it.

Art. 22. To the Chief of Staff of the Union Minister of State Corregedor-General of the Union, to the Head of the Advisory, to the Ouver-General, to the Directors and to the other leaders it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the procedures and activities developed in the units that are subordinated to you and to exercise other assignments that are committed to them by the Union Minister of State Corregedor General.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 23. The requisitions of servants and public servants for units of the Corregedoria-General of the Union will be made through the Civil House of the Presidency of the Republic.

Art. 24. The internal regiments will define the detailing of the integral bodies of the Regimental Structure of the Union-General of the Union, the competences of the respective units, the assignments of their leaders, the decentralization of services and the areas of acting of the decentralized organs.

ANNEX II

a) DEMONSTRATIVE FRAME OF THE POSTS IN COMMITTEE AND OF THE GRATIFIED FUNCTIONS OF THE UNION-GENERAL CORREGEDNESS