Key Benefits:
DECREE NO. 6,834, OF April 30, 2009.
Approves the Regimental Structure and the Demonstrative Frame of the Cargos in Commission of the Group-Direction and Advising Superiors and Gratified Functions of the Aeronautics Command, the Ministry of Defense, 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. 50 of the Law no 10,683, of May 28, 2003,
DECRETA:
Art. 1o Fiction approved the Regresmental Structure and the Demonstrative Table of Cargos in Commission and of the Gratified Functions of the Aeronautics Command, in the form of the Annexes I and II to this Decree.
Art. 2o Ficam remanejados, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Advising Superiors:
I-of the Command of the Aeronautics for the Aeronautics Real estate Financing Box two DAS 101.3; one DAS 102.3 and four DAS 101.2; and
II-of the Aeronautics Command for the Management Office of the Ministry of Planning, Budget and Management two DAS 102.4.
Art. 3o As a result of the provisions of the art. 2o, Annex LV to Decree no 1,351, of December 28, 1994, passes the vigour in the form of Annex IV to this Decree.
Art. 4o The Internal Rules of the Aeronautics Command will be approved by the Commander of Aeronautics and published in the Official Journal of the Union.
Art. 5o In fulfillment of the provisions of the art. 42 of the Law no 11,182 of September 27, 2005, the Minister of State for Defence will forward to the Civil House of the Presidency of the Republic, until January 31, 2010, proposed decree addressing the extinction of the Department of Civil Aviation-DAC.
Art. 6o This Decree comes into effect on the date of its publication.
Art. 7o Ficam revoked the Decrees nos:
I-60,302, of March 6, 1967;
II-73,174, of November 20, 1973;
III-5,196, of August 26, 2004;
IV-5,373, of February 17, 2005;
V-5,657, of December 30, 2005; and
VI-6,203, of August 30, 2007.
Brasilia, April 30, 2009; 188the of Independence and 121o of the Republic.
LUIZ INÁCIO LULA DA SILVA
Nelson Jobim
Joao Bernardo de Azevedo Bringel
ANNEX I
REGIMENTAL STRUCTURE OF THE AERONAUTICAL COMMAND
CHAPTER I
OF NATURE AND COMPETENCY
Section I
From Aeronautics
Art. 1o The Command of Aeronautics, permanent and regular national institution, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, is intended for the defence of the Motherland, the guarantee of the constitutional powers and, on the initiative of any of these, of law and order.
§ 1o Without commitment to its constitutional targeting, it is up to the Command of the Aeronautics the fulfillment of the subsidiary assignments established in the Supplementary Act no 97, of June 9, 1999.
§ 2o The Aeronautics Command comprises its military organizations, its facilities, their aircraft, their equipment and their named members, by the legislation, military.
§ 3o Denominate military organizations the organizations of the Command of the Aeronautics that have official denomination, regulation, organization framework and board of privately held positions, own.
Section II
From the Aeronautics Command
Art. 2o The Aeronautics Command, an integral organ of the Ministry of Defense's Regimental Structure and subordinate directly to the Minister of State for Defence, is for the purpose of preparing the operational and support bodies of Aeronautics for the fulfillment of its constitutional targeting and subsidiary assignments.
Art. 3o To the Command of Aeronautics competes:
I-formulate the Aeronautical Military Policy;
II-propose the constitution, the organization and the effectors, as well as to show up and adestrate the Brazilian Air Force;
III-formulate your Military Strategic Planning;
IV-perform actions relative to the defense of the Country, in the aerospace field;
V-contribute to the formulation and conduct of national policies that concern aviation, the control of space air, space activities, aeronautical and space infrastructure and related activities with the constitutional targeting of Aeronautics, especially those relating to resources and scientific, technological and industrial development of aeronautical and space interest;
VI-operate the National Air Mail;
VII-implement and scrutinize compliance with laws, regulations, and standards of aeronautical interest, in coordination with other governmental bodies, when it is necessary, on the grounds of specific Aeronautics competencies;
VIII-cooperate in the production of goods or in the execution of specialized works and services, when the cooperation is of interest of the preparedness of the Aeronautics, in the manner in which it is agreed upon and upon compulsory severance, in the case of havida with private entities;
IX- cooperate, in their area of acting, with the governmental bodies responsible for the control of civil aviation activities and aeronautical infrastructure;
X-establish, equip, and operate, directly or upon concession, the aerospace, aeronautical and airport infrastructure of its competence;
XI-encourage and carry out research and development activities related to aerospace activities;
XII-contribute to the strengthening of the aerospace and defense industry;
XIII-proofing the safety of air navigation;
XIV-exercise control of the Brazilian airspace, observed the provisions of § 2o of the art. 8o of the Law no 11,182, of September 27, 2005; and
XV-undertake other private subsidiary assignments, set out in the Supplementary Act no 97, from 1999.
CHAPTER II
OF THE ORGANIZATIONAL STRUCTURE
Art. 4o The Aeronautics Command has the following organizational structure:
I-directorate-general: Aeronautics General Staff;
II-top advising bodies:
a) High-Command of Aeronautics; and
b) Superior Council of Economics and Finance of Aeronautics;
III-bodies of direct and immediate assistance to the Commander of Aeronautics:
a) Cabinet of the Aeronautics Commander;
b) Commission of Aeronautical Officers' Promotions;
c) Centre for Social Communication of Aeronautics;
d) Center of Aeronautics Intelligence;
e) Historical-Cultural Institute of Aeronautics;
f) Parliamentary advisory of the Commander of Aeronautics;
g) Center for Investigation and Prevention of Aeronautical Accidents; and
h) Operational Safety Advisory of Air Space Control;
IV-setorial directing organs:
a) Command-General of Support:
1. Logistic Center of Aeronautics;
2. Aeronautics Engineering Board; and
3. Aeronautical and Belgium Material Board;
b) Command-General of Air Operations:
1. Brazilian Aerospace Defense Command;
2. Amazonian Region Airport Commission;
3. First Air Force;
4. Second Air Force;
5. Third Air Force;
6. Fourth Air Force;
7. Fifth Air Force;
8. First Regional Air Command;
9. Second Regional Air Command;
10. Third Regional Air Command;
11. Fourth Regional Air Command;
12. Fifth Regional Air Command;
13. Sixth Regional Air Command; and
14. Seventh Regional Air Command;
c) Command-General Staff:
1. Board of Personnel Management;
2. Intrend Board; and
3. Board of Health;
d) Department of Civil Aviation;
e) Department of Air Space Control:
1. Air Space Control System Implantation Commission;
2. Commission for Coordination of the Amazon Surveillance System Project; and
3. Integrated Air Defense Centres and Air Traffic Control;
f) Department of Teaching of Aeronautics:
1. Air Force Academy;
2. Aeronautics Instruction and Adaptation Center;
3. Aeronautics Sports Commission;
4. School of Aeronautics Specialists;
5. Preparatory School of Cadets-of-Ar; and
6. University of the Air Force;
g) Department of Aerospace Science and Technology:
1. Coordinator of the Combat Aircraft Program; and
2. Institute of Aeronautics and Space;
h) Secretariat of Economics and Finance of the Aeronautics;
V-military organizations of Aeronautics; and
VI-linked entity: Aeronautical Real estate financing box.
CHAPTER III
OF ORGAN COMPETENCIES
Section I
From the Direction Body-General
Art. 5o Ao Aeronautics General Staff, the body responsible for planning and the issuance of guidelines guiding the preparedness and employment of the Air Force, aiming at the fulfillment of the constitutional targeting of Aeronautics, compete:
I-coordinate the actions that involve the setorial steering organs;
II-orient, coordinate and control the planning, budget and management activities and administrative modernization; and
III- plan, execute and coordinate the activities of the Aeronautics Command Inspection System;
§ 1o The Aeronautics Joint Chiefs of Staff interacts with the Federal Planning and Budget System in the subjects concerningthe Aeronautics Command.
§ 2o Are subordinated to the Aeronautics General Staff: the Catalogation Center of Aeronautics and the Brazilian Aeronautical Technical Mission in Asuncion.
Section II
From the Superior Advising Organs
Art. 6o The High-Command of the Aeronautics is the body tasked with advising the Commander of the Aeronautics in its directing and management tasks of the Force, it will also be able to appreciate the matters of interest of the Aeronautics Command, draw up the lists of choices for promotion to the posts of officers-generals of the Aeronautics and advise the Commander of Aeronautics in the subjects concerning the Aeronautical Military Policy.
§ 1o The High-Command of the Aeronautics, convened and chaired by the Commander of the Aeronautics, consists of the Tenents-Brigadeiros-do-Air, of the active, when in the exercise of positions in the Aeronautics Command and the Ministry of Defence.
§ 2o The Commander of the Aeronautics will be able to convene other officers-generals or invite civilians to participate in High-Command meetings, on their own initiative, or in attention to the proposal of one of its members.
Art. 7o To the Higher Council of Economics and Finance of the Aeronautics compete to advise the Aeronautics Commander in the formulation of the economic-financial guidelines and in the matters related to the execution, budget, financial administration, accounting and auditing.
§ 1o The Higher Council of Economics and Finance of Aeronautics, convened and chaired by the Commander of Aeronautics, consists of the holders of the posts of Chief of the General Staff of Aeronautics, of Comandantes-General, of Directors-General and of Secretary of Economics and Finance of Aeronautics.
§ 2o The Commander of the Aeronautics will be able to convene other officers-generals or invite civilians to participate in meetings of the Higher Council of Economics and Finance of the Aeronautics, on their own initiative, or in attention to the proposal of one of its members.
Section III
From the Direct and Immediate Assistance Bodies to the Commander of Aeronautics
Art. 8o To the Office of the Aeronautics Commander competes to advise the Commander in the study of the subjects submitted to their appreciation and assist you in their functional and personal representation.
Single paragraph. They are subordinated to the Aeronautics Commander's Office: the Brazilian Air Force Demonstration Squad and the Special Transportation Group.
Art. 9o À Aeronautics Officers ' Promotion Commission competes advise the Commander of the Aeronautics in the matters concerning the promotions of the officers of the Aeronautics.
Art. 10. The Centre for Social Communication of Aeronautics competes to advise the Commander of the Aeronautics in the affairs concerning the media of the institution.
Art. 11. The Aeronautics Intelligence Center competes to provide grants to the Commander of Aeronautics in the matters related to the State, the preparer and employment of the Brazilian Air Force.
Art. 12. The Historical-Cultural Institute of Aeronautics competes in researching, developing, disseminating and preserving the memory and the Brazilian aeronautical culture.
Single paragraph. It is subordinated to the Historical-Cultural Institute of Aeronautics the Aerospace Museum.
Art. 13. The Parliamentary Advisory of the Commander of Aeronautics competes to advise the Commander in the institutional relationship with the Legislative Power.
Art. 14. The Aeronautical Accident Investigation and Prevention Center competes to plan, manage, control and carry out the activities related to the prevention and investigation of aeronautical accidents and advise the Aeronautics Commander in the matters of your competence.
Single paragraph. It is understood by aeronautical accidents those involving the Brazilian aeronautical infrastructure, including, among others, military aviation, civil aviation, the Brazilian operators of civil and military aircraft, the infrastructure Brazilian airport, the control of the Brazilian airspace, the Brazilian aeronautical industry and all related segments.
Art. 15. To the Air Space Control Operational Safety Advisory competes to advise the Aeronautics Commander in the matters concerning the safety of the Air Navigation Service, coordinate and control the inspection activities of the Service of Air navigation, in what tange to operational safety, and manage the Air Navigation Service Operational Safety Surveillance Program.
Section IV
From the Sectoral Direction organs
Art. 16. The Support General Command competes to plan, manage, and control the activities related to the logistical support of material, heritage and correlates services.
§ 1o It is still subordinated to the Command-General of Support the Institute of Logistics of the Aeronautics.
§ 2o Are subordinated to the Directorate of Aeronautical and Belgium Material: the Parks of Aeronautical Belgium Material and the Aeronautical Material Parks.
§ 3o Are subordinated to the Logistic Center of Aeronautics the Commissions Aeronautics, the Aeronautical Deposits and the National Air Mail Center.
Art. 17. The Air Operations Command competes to carry out the planning, the preparer for the employment and control of the operations of the Brazilian Air Force, being responsible for the command of the prompt-response actions, before the activation of the Military Structure of Defense.
§ 1o Are subordinated to the Regional Air Commands: the Airbases, their Aerial Units, the Special Aeronautical Infantry Battalions, the Support Gruppings and the Proof Fields.
§ 2o Are subordinated to the Air Forces: its Air Units, the Groups of Instruction and the Aeroterrestrial Squadron of Saving.
Art. 18. The Personnel Command General competes to plan, manage, and control the activities related to the civil and military personnel of the Aeronautics Command.
§ 1o Are still subordinated to the Command-General Staff the Institute of Psychology of Aeronautics and the Center for Documentation and History of Aeronautics.
§ 2o Are subordinated to the Center for Documentation and History of Aeronautics: the General Correspondence and File Services.
§ 3o Are subordinated to the Directorate of Health of Aeronautics: the Hospitals of Air Force, the Area Hospitals, the Center for Aerospace Medicine, the Gerontological House of Aeronautics Brigadier Eduardo Gomes, the Institute of Aerospace Physiology Brigadier Medical Brigadier Roberto Teixeira, The Chemical Laboratory-Pharmaceutical Laboratory of the Aeronautics and the Odontocylindics of Aeronautics.
§ 4o Are subordinated to the Directorate of Intrend the Insoles Deposits and the Inactive Pagatorship and Pensionists of Aeronautics.
Art. 19. The Air Space Control Department competes to plan, manage and control the activities related to air space control, with the protection of the flight, with the search and rescue service and with the telecommunications and technology of the information from the Aeronautics Command.
§ 1o The Air Space Control Department is the central organ of the System of Control of the Brazilian Air Space and the Flight Protection System.
§ 2o Are still subordinated to the Air Space Control Department: the Centers of Computing, the Air Navigation Management Center, the Special Inspection Group on Flight, the Communication and Control Groups, its Institutes, the Electronic Material Parks and the Regional Protective Services for Flight Protection.
Art. 20. The Aeronautics Department of Education competes to plan, manage and control the teaching activities, concerning the training and improvement of the personnel of the Aeronautics Command.
§ 1o Are subordinated to the University of the Air Force: the Instruction Center Specialized of Aeronautics, the School of Improvement of Officers of Aeronautics and the School of Command and Staff of the Aeronautics.
§ 2o It is subordinated to the Air Force Academy the Aeronautics Arm of Pirassununga.
Art. 21. The Department of Aerospace Science and Technology competes to plan, manage, carry out, and control the activities related to science, technology and innovation, within the framework of the Aeronautics Command.
Single paragraph. They are still subordinated to the Department of Aerospace Science and Technology: the Launching Centres, the São José dos Campos Reserve Officers ' Preparation Center, the Special Group of Trials in Flight, the Infrastructure Grupping and Support and its Institutes.
Art. 22. The Secretary of Economics and Finance of the Aeronautics competes superintender and carry out the activities of budget execution, financial administration, accounting and internal control, concerning the resources of any nature of the Command of the Aeronautics.
Single paragraph. The Secretariat of Economics and Finance of the Aeronautics interacts with the Federal Financial Administration System, Federal Accounting and Internal Control of the Federal Executive Power, in the subjects concernable to the Aeronautics Command.
CHAPTER IV
OF THE ATTRIBUTIONS OF THE LEADERS
Section I
From the Aeronautics Commander
Art. 23. To the Commander of the Aeronautics, in addition to the assignments provided for in the legislation in force and depending on the guidelines of the Minister of State for Defence, it is incumbent on:
I-exercise the command, the direction and the management of Aeronautics;
II-orient the elaboration and overseeing the implementation of the Aeronautics' sectoral programs;
III-ensure the aptitude of the Force for the fulfillment of its constitutional mission and of its subsidiary assignments;
IV-propose to the President of the Republic, through the Minister of State of Defense, within the limits of the law:
a) the creation, activation, deactivation or reactivation, extinction, organization, denomination, location, subordination, transfer, transformation, operation, command headquarters and area of jurisdiction of the military organizations of Aeronautics, whose command, managerial or direction is custotic of official-general; and
b) the designation of officer-general of the paid booking for active duty.
V-dispose of the creation, activation, deactivation or reactivation, extinction, organization, denomination, location, subordination, transfer, transformation, operation, command headquarters and area of jurisdiction of the military organizations of Aeronautics, whose command, managerial or direction is not to be privative of official-general, respected the effective fixed in law and the budget endowment allocated to the Aeronautics Command;
VI-download acts related to the management of the military and civil personnel of Aeronautics, in addition to those provided for in the legislation in force and in accordance with the guidelines of the Minister of State for Defence, concerning:
a) indication of officials-generals for permanent positions and commissions abroad;
b) designation of military from the paid reserve, except official-general, for the active service;
c) transfer to the paid reserve of servicemen, except official-generais;
d) establishment of norms regarding the provision of task for right time by reserve servicemen remunerated or retired;
e) reinclusion of military;
f) declaration of aspirant-a-official;
g) appointment and designation of servicemen for commanding positions, heads and direction, of officers of his cabinet, to collegiate organs or commissions outside the Force and too many moves, within the framework of their competence;
h) authorization of travel of personnel and military organizations from the Aeronautics Command to the outside when the purposes are of adestration, exchange, conclave, symposiums, conference, scientific research, representation, action of presence, cooperation, or narrowing of friendship ties with friendly countries;
i) formulation, approval, implementation of capacity-building programs, and qualification of personnel abroad; and
j) authorization for participation of civil personnel in collegiate bodies or working groups outside the scope of the Command of Aeronautics, as well as at conferences, congresses, training or other similar events;
VII-judging, ultimately, administrative and disciplinary resources related to the military personnel of the Force;
VIII-authorize the extension of the deadline for termination of military police inquiry, in the exceptional condition foreseen in the § 2o of the art. 20 of the Decree-Law no 1,002, of October 21, 1969;
IX-regulating the matters concerning the Military Service in the framework of the Aeronautics Command, except those of competence of the Minister of State for Defence;
X-download normative acts referring to the granting of arms possession within the framework of the Aeronautics Command, observed the current legislation;
XI-approve regulations of the Aeronautics Command;
XII-download acts concerning the mobilization, within the framework of the Force, except those of competence of the Minister of State of the Defence;
XIII-define and classify, within the framework of the Command of Aeronautics, material of military employment;
XIV-formulate the specific legislation and approve own standards of the Command of the Aeronautics;
XV-establish, within the framework of the Aeronautics Command, the termination contractual, in the public interest hypothesis;
XVI-setting standards referring to the realization of licitatory certames and the declaration of agreements and administrative and non-administrative acts, as well as authorizing their achievement in the framework of the Aeronautics Command;
XVII-authorize the acquisition of equipment manufactured and delivered abroad, for which the financial resources have been approved and allocated to the Aeronautics Command;
XVIII-establish conditions for the accreditation of consignor entities, within the framework of the Aeronautics Command;
XIX -manifest on the annual account outlets of the Aeronautics Command's gestural units;
XX-celebrate and rescind, as a representative of the Ministry of Defence in the matters affected to the Command of Aeronautics, congeniums, additive and adjustment terms, contracts, agreements and other instruments of mutual cooperation;
XXI-negotiate contracts referring to operations of credit, in the form of the legislation in force;
XXII-designate a Lieutenant-Brigadier, of the Body of Officers of the Aeronautics Asset, to exercise, interinarily, the post of Chief of the Air Staff of the Aeronautics, in the eventual impediment of the holder;
XXIII-exercise the assignments of Aeronautical Authority;
XXIV-propose to the Minister of State for Defence the setting of values of the Aeronautical Telecommunications Usage Fees and the Aid to Air Navigation across the territory national;
XXV-set the values of the Fee of Use of Communications and the Aid to Air Navigation and the Fee of Use of Communications and Aids-Radio and Visual and Visual Traffic Terminal Area on the entire national territory;
XXVI-approve the Basic Plans of: Aerodromes Protection Zone, Noise Zoning, Helipoints Protection Zone and Air Navigation Protective Zone and the Aerodromes Protection Zone Specific Plan; and
XXVII-establish the legal regime of the Communications Usage Fees and the Air Navigation Aid on Route.
§ 1o The Commander of Aeronautics will be able to delegate, admitted to the subdelegation, competence for the practice of administrative acts, in the form of the legislation in force.
§ 2o The Commander of the Aeronautics is a Nato member of the National Defense Council and integrates the Military Defense Council.
Section II
From the Too Many Leaders
Art. 24. To the remaining leaders of the bodies and units of the Aeronautics Command it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the execution of the activities of the units that integrate their respective areas and exercise other assignments that are committed to them.
CHAPTER V
OF THE GENERAL PROVISIONS
Art. 25. The oldest officer-general in activity in the Force will replace the Commander of the Aeronautics, interinarily, on grounds of a vacation, health care treatment, in his country's departments and other legal impediments.
Art. 26. The provement of positions in the Aeronautics Command will observe the following guidelines:
I-o of Chief of the Air Staff of the Aeronautics will be occupied by officer-general of Aeronautics, of the active, of the last post, not included in special category, taking functional precedence over the remaining officers-Generals of the Force;
II-those of Comandantes-General and those of Directors-General, except that of the one mentioned in the inciso III, will be occupied by official-generals of the active, of the last post, not included in special category; and
III-o of Secretary of Economics and Finance of the Aeronautics will be occupied by officer-general of the active, the last or the penultimate post, not included in special category.
§ 1o The holder of the post of Chief of the General Staff of Aeronautics will exercise, still, the charge of Chairman of the Aeronautics Officers Promotions Commission and the Aeronautical Inspector General assignments.
§ 2o The provement of the posts of the various military organizations of the Aeronautics will comply with the following formality:
I-deprivative posts of officer-general, upon the presidential act; and
II-non-deprivative office of official-general, upon act of the Commander of Aeronautics.
Art. 27. To the Department of Civil Aviation, until its extinction, it competes to assist the activities related to civil aviation, pursuant to Law no 11,182, of September 27, 2005.
Art. 28. The Aeronautics Prefectures will have their subordinations established in normative acts of the Aeronautics Command in compliance with the peculiarities of their locations.
Art. 29. The Commander of the Aeronautics will download complementary normative acts, establishing the breakdown of organizations, the functioning of the respective bodies and the assignments of their leaders.
