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Decree No. 4125, 13 February 2002

Original Language Title: Decreto nº 4.125, de 13 de Fevereiro de 2002

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DECREE NO. 4,125, OF February 13, 2002.

Approves the Regimental Structure and Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Amazonian Development Agency-ADA, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives it the art. 84, incisos IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the Provisional Measure no 2.157-5, of August 24, 2001,

DECRETA:

Art. 1 Ficam approved the Structure Regimental and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions-FG of the Amazonian Development Agency-ADA, in the form of the Annexes I and II to this Decree.

Art. 2th On the grounds of the provisions of the art. 1th, stay remanded, in the form of Annex III to this Decree, of the Office of Management, of the Ministry of Planning, Budget and Management, coming from extinct organs of the Federal Public Administration, for ADA, the following posts in Group Committee-Direction and Superiors Superiors-DAS and Gratified Functions-FG: a DAS 101-6; three DAS 101.5; ten DAS 101.4; twenty-one DAS 101.3; one DAS 101.2; thirteen DAS 101.1; four DAS 102.3; two DAS 102.2; two DAS 102.1; ten FG-1; and ten FG-2.

Art. 3th The internal ADA Regiment will be approved by the Colegiated Board and published in the Official Journal of the Union, within up to ninety days, counted from the date of publication of this Decree.

Art. 4o This Decree takes effect on the date of its publication.

Brasilia, February 13, 2002; 181o of Independence and 114o of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Days

Ney Suassume

ANNEX I

REGIMENTAL STRUCTURE

OF THE Amazon Development Agency

CHAPTER I

OF THE NATURE, HEADQUARTERS, PURPOSE AND COMPETENCIES

Art. 1th The Development Agency of Amazonia-ADA, federal municipality, bound by the Ministry of National Integration, created by the Interim Measurer no 2.157-5, of August 24, 2001, with headquarters and venue in the city of Bethlehem, State of Pará, with the aim of implementing policies and viabilitize Amazonian development instruments, has for competencies:

I-propose and coordinate the deployment of the Amazon Development Plan, under supervision of the Ministry of National Integration;

II-manage the Amazon Development Fund;

III-approve projects to be executed under the Amazon Development Fund;

IV-authorize contracting and release resources from the Amazon Development Fund, upon proposition of the operator agent;

V-audit and evaluate the results of the application of the resources of the Amazon Development Fund;

VI-implement studies and research aimed at the identification of socio-economic and environmental potentials and vulnerabilities and propose strategies and actions compatible with regional space;

VII- strengthen the productive structures of the region, from the mobilization of their potential;

VIII-promote actions aimed at social development in the region;

IX-structuring and implementing networks of information in support of productive activities;

X-promoting technical, technological and financial cooperation with national or international bodies, aimed at integration and regional development;

XI-elaborate feasibility studies of integration and regional development projects;

XII-implement managerial capacity-building programs, of training and qualification of human resources suitable to the regional market;

XIII-carry out territorial planning and management studies and evaluate impacts of integration and development actions in the region, especially from an environmental point of view; and

XIV-check the suitability of the projects to the regional development policy.

Art. 2th The acting area of the Amazon Development Agency covers the States of the Acre, Amapá, Amazonas, Mato Grosso, Pará, Rondônia, Roraima, Tocantins and parcel of the State of the Maranhão that is situated in the West of the Meridian 44th of West Longitude.

Art. 3th ADA's acting will comply with the fundamentals, objectives, guidelines and instruments of the integrated national development policy and the Amazon Development Plan and will be effected in articulation with the Deliberative Council for the Development of the Amazon, organs and public entities of the federal, state and municipal governments that act in the region, and the organized civil society.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 4th The ADA has the following organizational structure:

I-collegiate bodies:

a) Colegiated Board; and

b) Technical Committee;

II-bodies of direct and immediate assistance to the Colegiated Board:

a) Cabinet;

b) Coordinating-General Strategic Management; and

c) Attorney General-General;

III-sectional bodies:

a) Internal Audit; and

b) General Administration and Finance;

IV-singular specific organs: Executive generations.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 5th The ADA will be directed at collegiate regime by a Board of Directors composed of a Director General and three Directors.

§ 1th The appointment of the Director-General and the remaining Directors shall be effected by the President of the Republic, after approval by the Federal Senate, pursuant to the "f" of the inciso III of the art. 52 of the Constitution, by appointment of the Minister of State for National Integration, being at least one of them chosen from among federal public servants.

§ 2th The Colegiada Board will assign one of its members to assume the general direction in the eventual absences and impediments of the Director-General, and the remaining directors will be substitutes eventual among themselves.

§ 3 The remaining directors will be appointed by the Director-General, after approval of the Board Collegiate.

Art. 6 The appointment of the Attorney General will be preceded by the annuence of the Union Advocate General.

Art. 7th It is vetted to the Directors of ADA the exercise of other professional, business, trade union or political-partisan direction activity.

Single paragraph. It is veheed to the ADA Leaders to have direct or indirect interest in a beneficiary company of the Amazonian and Northeast Development Funds.

Art. 8th It is prevented from exercising direction of ADA the person who, in the twelve months prior to the date of his appointment, has retained any of the following links with private company that has project submitted or approved by the former Superintendence of Amazonian Development or ADA, as set out in the art. 14 of the Provisional Measure no 2.157-5, from 2001:

I-direct participation as a shareholder or partner, with an interest exceeding five percent of the social capital;

II-administrator, manager or board member of board of directors or fiscal; or

III-employee, albeit with a suspended work contract.

Art. 9 The Managers-Executives and the Coordinators-General will be chosen, preferably, among effective job title occupants of the ADA Personnel Board or among servers of the Federal Public Administration who have professional qualification and training compatible with the role or job title to be exercised.

Art. 10. Occupants of the Group's posts-Direction and Advising Superiors-DAS 101.2 and 102.2 will be chosen from among the effective cargo servers of the ADA Personnel Board, obeyed the requirement for qualification and vocational training compatible with the respective function or job title to be exercised.

Single paragraph. Until the ADA Personnel Framework is created, the posts of which it treats the caput of this article will be provided by servers of the Federal Public Administration, of proven technical and administrative experience.

CHAPTER IV

OF THE TECHNICAL COMMITTEE

Art. 11. The Technical Committee, intermediate and ancillary decision-making body of the Colegiated Board, will have the following composition:

I-Director General of ADA, who will coordinate it;

II-a representative:

a) of the Bank of Amazonia S.A. -BASA;

b) of the Bank of Brazil S.A.;

c) of the National Economic and Social Development Bank-BNDES;

d) of the Superintendency of the Manaus-SUFRAMA Franca Zone;

e) of the State Governments; and

f) of the private sector and the entities of the workers.

Single paragraph. The Technical Committee will have its organization and functioning established in own regulation, to be approved by the Colegiated Board.

CHAPTER V

DAs CompetÊncients of the Organs

Art. 12. The Collegiate Board competes:

I-exercise the management of ADA;

II-edit standards on ADA competence matter;

III-approve the internal ADA regiment;

IV-comply with and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the Amazon;

V-check the compatibility of the projects with the Development Plan of the Amazonia and with the guidelines and priorities established by the Deliberative Council for the Development of the Amazon;

VI-approve and authorize the hiring of projects to be executed with resources from the Fund of Development of the Amazon;

VII-forward the ADA budget proposal to the Ministry of National Integration;

VIII-forward the management reports and the accounting demonstratives of ADA to the competent bodies;

IX-authorize the disclosure of reports on the activities of ADA;

X-decide for the sale, assignment or rental of ADA's equity goods;

XI-notify and apply the sanctions provided for in the legislation;

XII-knowing and judging requests for reconsideration of decisions by members of the Board;

XIII-supervising and coordinating, in the form that disposes of the internal regiment, the actions of the Executive Generations;

XIV-create technical chambers to act in specific thematic areas, aiming to technically subsidize the subjects submitted to the deliberation of the Board Collegiate;

XV-comply and enforce the management contract of which it treats art. 23; and

XVI-nominate the members of the Technical Committee.

§ 1th The Colegiated Board shall meet with the presence of at least three Directors, among them the Director-General, and shall act by majority simple of votes.

§ 2th Decisions related to the institutional competences of ADA will be taken by the Colegified Directorate.

§ 3th The drafting and internal regiment changes will be taken up with the presence of all the Directors.

Art. 13. The Technical Committee has for competence to promote the integration of public and private institutions that represent the organized community of ADA's area of acting, aiming to focus efforts and resources to harmonize, synchronize and viabilize the implementation of the public and private actions of interest for the development of the Amazon.

Art. 14. To the Cabinet competes:

I-provide assistance to the Director-General in his social, political and administrative representation and advise him in the matters of his competence; and

II-plan, coordinate and carry out the activities of social communication, parliamentary support and relations with the outside.

Art. 15. To the Coordinating-Institutional Strategic Management competes:

I-advise the Colegified Directorate in the matters related to meeting the goals set out in its mandate;

II-coordinate the elaboration of the ADA planning, as well as monitoring and evaluating its implementation;

III-establish guidelines for systematizing and making ADA managerial information available;

IV-coordinate and evaluate the activities related to planning, deployment of ADA communication and information networks;

V-establish guidelines for the elaboration of the human resource development program, in consonance with the strategic direction of ADA;

VI-elaborated, annually, the social balance sheet of ADA;

VII-coordinate the implementation of actions that object to the spread of new organizational practices, targeting the continuous improvement of the quality, efficiency and productivity of ADA; and

VIII-receive and adopt arrangements in relation to complaints, complaints and criticism about ADA's acting.

Art. 16. To the Attorney General, the organ linked to the Advocate-General of the Union, competes:

I-judicially represent ADA, with procedural prerogatives of Public Finance;

II-carry out the activities of consultancy and legal advising, applying, in what couber, the provisions of the art. 11 of the Supplementary Act no 73, of February 10, 1993;

III-establish the liquidity and certainty of claims, of any nature, inherent in the activities of the ADA, inscribing them in active debt, for the purposes of friendly or judicial collection;

IV-judicially represent the holders and former officeholders in steering commission, as well as the effective post occupants of ADA, including by promoting private criminal action or representing before the Public Prosecutor's Office, when victims of crime, as to acts carried out in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially of the Agency, and may, as yet, as to the same acts, to prevent habeas corpus and security warrant in defence of public servants; and

V-assist the ADA authorities in internal control of the administrative legality of the acts to be practiced, including by examining previously the texts of normative acts, the bidding editions, contracts and other acts of it arising, as well as the acts of dispensation and bidding inchargeability.

Art. 17. To Internal Audit competes:

I-advise the Colegiated Board for the fulfillment of the institutional objectives of the ADA;

II-check compliance to the prevailing standards of the management acts budgeting, financial, accounting and heritage;

III-track physical and financial execution and the results obtained in the application of the resources regarding the projects, programs and actions, under the responsibility of the ADA;

IV-provide information and follow up with requests coming from the internal and external control bodies; and

V-supervising the audit of the physical and financial execution of the projects under the liability of ADA.

Art. 18. To the Coordinating-General Administration and Finance compete to plan, coordinate and supervise the execution of the activities related to the Federal Budget, Accounting, Financial Administration, Administration of Resource Management Systems Informatics, Human Resources and General Services, within the framework of ADA.

Art. 19. Executive Managers compete to coordinate and execute actions aimed at the promotion of regional development, having as an acting focus, planning and strategic coordination, information and knowledge, economic competitiveness, integration regional and social inclusion, in the form established in the internal regiment of ADA.

Single paragraph. Executive Managers will report to the Directors in the form that we dispose of the internal regiment of the ADA.

CHAPTER VI

DAS ASSIGNMENTS OF THE LEADERS

Art. 20. The ADA Director General is incumbent on:

I-exercise its legal representation;

II-chair the meetings of the Colegiated Board;

III-comply and enforce the decisions of the Collegiate Board;

IV-decide, ad referendum of the Colegiada Board, the matters of urgency;

V-decide, in the event of a tie, in the deliberations of the Colegiated Board;

VI-nominate and exonerate servers;

VII-probing the posts in commission and the trust functions;

VIII-admit employees and requisition and fire employees and servers;

IX-approve bid editions and homologate adjudications;

X-forward to the Ministry of National Integration the ADA budget proposal;

XI-authorize the hiring of services of third parties, in the form of the specific legislation;

XII-signing contracts, agreements and arrangements, previously approved by the Colegified Directorate;

XIII-order expenses and practice the acts of management necessary within the scope of the ADA's objectives;

XIV-practice other human resource management acts, including approving edital and homologating results of public tenders;

XV-exercise power discipline, pursuant to the legislation in force; and

XVI-coordinate the Technical Committee.

§ 1 The Director-General, without prejudice to the competence referred to in the inciso IV, shall participate in the deliberations with right to vote equal to that of the remaining members of the Colegiated Board.

§ 2 The positions in committee and the gratified functions will be provided by the Director-General, following the approval of the Colegiated Board.

Art. 21. They are common assignments to the Directors of ADA:

I-carry out the decisions made by the Colegified Directorate;

II-comply and enforce the regulatory provisions within the framework of the competences of the ADA;

III-ensure the credibility and institutional image of ADA;

IV-ensure compliance with ADA's plans, programs, and projects;

V-practice and to expat the administrative management acts within its remit and in the terms of the internal regiment;

VI-holding, severally, in the terms of the legislation in force and management contracts, as to the results, goals and targets of ADA;

VII-contribute grants for proposals for adjustments and modifications to the legislation, necessary to the modernization of the ADA acting institutional environment; and

VIII-overseeing subjects that are delegated to them by the Colegified Directorate.

Art. 22. To the Chief of Staff, the Coordinators-General, the Attorney General, the Auditor-in-Chief, the Managers-Executives and the remaining leaders is to plan, coordinate, guide and direct the activities related to their respective units and to exercise other assignments that are committed to them by delegation of competence and by the internal regiment.

CHAPTER VII

DA ADMINISTRATION OF THE AGENCY

Art. 23. The ADA administration shall be governed by a management contract, signed by the Minister of State for National Integration and by the Director General of the Agency, previously approved by the Deliberative Council for the Development of the Amazon, within the period of time and twenty days following the appointment of the first Director-General.

§ 1th The management contract will establish the parameters for the internal management of ADA, and thus the indicators that allow to evaluate, objectively, its administrative acting and its performance.

§ 2th During the deadline set in the caput of this article, the non-existence of the management contract will not prevent the normal performance of ADA.

Art. 24. Unwarranted unfulfillment of the management contract may entail the exoneration of the Director-General, by the President of the Republic, upon request by the Minister of State for National Integration, in compliance with the current legislation.

Art. 25. ADA's activity will always be substantiated and legally conditioned by the principles of legality, impersonation, equality, publicity, morality and economicity.

Art. 26. Reaping the documents and the autos whose disclosure might counter the public interest or protected secret, all too many will remain open to public consultation.

Art. 27. ADA will establish mechanisms that ensure the participation of civil society organized in the proposition of the Amazon Development Plan and in the control of its actions, upon:

I-organization of public consultations special to discuss, sift, and legitimize the needs of the beneficiary population of regional integration and development policies;

II-dissemination of information regarding:

a) official studies and decisions on integration and regional development policies;

b) results achieved with the implementation of integration actions and regional development;

c) justifications by the non-achieving of proposed goals and targets; and

d) conclusions from investigations and audits on the application of financial resources in regional integration and development projects;

III-institution, where necessary, of committees, chambers and advisory character forums, with representatives of the Union, the states, the Municipality and the organized civil society.

CHAPTER VIII

OF REVENUE AND HERITAGE

Art. 28. They constitute revenue from the ADA:

I-budget allocations consigned to the General Budget of the Union;

II-transfers from the Amazon Development Fund, equivalent to two percent of the value of each release of resources, by way of remuneration for the management of that Fund; and

III-any other unspecified recipes in the incisos I and II.

Art. 29. They constitute an ADA's estate the goods and rights that are conferred upon it or that it comes to acquire or incorporate.

CHAPTER IX

FROM THE SELECTION AND SURVEILLANCE OF THE PROJECTS

Art. 30. The process of analyzing and approving projects to be funded with resources from the Amazon Development Fund will comply with guidelines and criteria of priorities, spatial and sectoral, in consonance with the Amazon Development Plan.

Art. 31. The audit of the projects financed with resources from the Amazon Development Fund will be done by the operators, who will still attest to their regularity.

§ 1th Are agents operators of the Fund of Development of the Amazon the BASA and other federal official financial institutions, to be defined in an act of the Executive Power.

§ 2th Will be established specific standard, setting out the conditions and criteria of supervision, which should be negotiated between ADA and the operators ' banks, with publication in the Official Journal of the Union.

CHAPTER X

DAS GENERAL AND TRANSITIONAL PROVISIONS

Art. 32. They are transferred or remanded to ADA:

I-the technical and patrimonial acquis, the rights and revenues of the Ministry of National Integration and its organs, necessary for the operation of the Agency; and

II-the balances of the budget appropriations approved by the Law no 10,171, of January 5, 2001, consignment to the extinct Superintendency of the Development of the Amazon-SUDAM, transferred to the Ministry of National Integration, held the same budget classification, expressed by category of programming at its lowest level, observed the provisions in the § 2th of the art. 3th of Law n 9,995, of July 25, 2000, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Para. single. The Director General of the ADA and the Executive Secretary of the Ministry of National Integration shall adopt the administrative arrangements necessary for the fulfilment of the provisions of this article.

Art. 33. The internal regiment will define the detailing of the integral units of the ADA regimental structure, their competencies and the assignments of their leaders.