DECREE NO. 8,107, OF September 6, 2013

Regulatory to Law No. 11,539 of November 8, 2007, which has on the Infrastructure Analyst Charge and the isolated post of effective of Senior Infrastructure Specialist.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of Law No. 11,539, of November 8, 2007,

D E C R E T A:

CHAPTER I

OF THE SPECIFIC ATTRIBUTIONS

Art. 1º The Infrastructure Analyst's career, composed of the top level Infrastructure Analyst posts, is structured in classes and standards, pursuant to Annex I.

Art. 2º To the holders of the effective proofing positions of the Infrastructure Analyst of Infrastructure, it competes in the exercise of assignments aimed at the specialized activities of planning, coordination, surveillance, technical assistance and execution of projects and works of large infrastructure.

Art. 3º Are specific attributions of the Infrastructure Analyst post:

I-planning, implementation and execution of projects and works of large infrastructure;

II-subsidy and technical support for the execution and evaluation of large-scale infrastructure projects and works;

III-subsidy to the formulation of policies, plans, programs, and projects concerning the execution of projects and works of large infrastructure; and

IV-performance of other finalistic support activities, concerning technical assistance for the execution of projects and large-size works.

Art. 4º To the holders of the senior level positions of Senior Infrastructure Specialist, senior level, competes the exercise of high level of complexity attributions aimed at the specialized planning activities, coordination, surveillance, technical assistance and execution of projects and large-scale works in the area of infrastructure.

Art. 5º Are specific assignments of the Senior Infrastructure Specialist's post:

I-planning, coordination, surveillance, technical assistance and execution of projects concerning the realization of works of large infrastructure, at high level of complexity;

II-elaboration of standards for execution of projects and works of large infrastructure;

III-planning and coordination of enforcement actions of execution of projects and works of large infrastructure, at high level of complexity; and

IV- performance of other finalistic, high level of complexity support activities concerning the technical assistance for the execution of projects and large works.

CHAPTER II

OF THE PUBLIC CONTEST

Art. 6º The ticket in the posts mentioned in the arts. 1º and 4º will give itself by means of public tender of evidence and titles for the post of Senior Infrastructure Specialist, and of evidence or evidence and titles for the post of Infrastructure Analyst, respected the specific legislation.

§ 1º The public contest referred to in the caput could, when couber, be carried out by areas of specialization and organized in phases of classificatory and eliminatory character, including, if it is the case, course of training, as it disposes of the convocation edict of the certame, observed the relevant legislation.

§ 2º The opening edital of the contest will define the characteristics of each stage of the public tender, specialized training and professional experience, as well as the eliminatory and classificatory criteria.

§ 3º The ticket in the positions of Infrastructure and Specialist Analyst in Senior Infrastructure requires undergraduate degree, knowledge at a graduate level and, when couber, the registration in the respective professional council.

§ 4º It is prerequisite for admission to the job isolated from effective provement of Senior Infrastructure Specialist twelve years of experience in the exercise of top-level activities, corresponding to the exercise of assignments equivalent to those of the office, in the area of specific acting set in the contest's edict.

§ 5º The opening edital of the public tender for the post of Senior Infrastructure Specialist will define the criteria of proving the period of experience mentioned in § 4º.

§ 6º The public contest for the posts referred to in the caput will be held for effective personnel provisioning in the initial standard of the Carrier's initial class Analyst of Infrastructure Analyst and in the single class of the Senior Infrastructure Specialist post.

§ 7º The proof of an integral title of the contest for the ticket in the post of Specialist in Senior Infrastructure will be able to include the defense, in public act, of memorial based on the candidate's curriculum vitae, of classificatory character, in the terms of the respective edital.

CHAPTER III

OF THE PERFORMANCE GRATIFICATION

Art. 7º We stay instituted the general criteria and procedures for evaluation of institutional and individual performance for perception of the Gratification of Infrastructure Activity-GDAIE, due to the occupants of the Carrier Career Positions Infrastructure Analyst and the isolated post of effective provement of Senior Infrastructure Specialist, when in the exercise of their assignments.

§ 1º The values regarding GDAIE will be assigned to the servers that it does jus in function of the scope of the institutional performance targets of the organ or entity in which the server is in exercise or the Ministry of Planning, Budget and Management, observed the provisions of the para. 1º of the art. 11, and of the scope of individual performance targets.

§ 2º The specific institutional and individual assessment criteria and procedures of the GDAIE will be established in the act of the Minister of State for Planning, Budget and Management.

§ 3º The occupiers of positions referred to in the art caput. 7º will only make jus à GDAIE if they are in the exercise of the assignments of their posts in bodies of the direct, municipal and national federal public administration, observed the provisions of Law No. 11,539, of 2007, and re-salvaged the provisions of the arts. 19 and 20.

Art. 8º For the purposes of this Decree, consider:

I-evaluation of performance-systematic and continuous monitoring of the individual performance of the integral servers of the posts of which they treat art. 7º and institutional of the organ or entity in which the server is in exercise or of the Ministry of Planning, Budget and Management, noted the provisions of Paragraph 1º of the art. 11, with reference in the global and intermediate performance targets;

II-unit of assessment-organ or entity, globally considered as the only unit, a subset of units administrative of the organ or entity that performs activities of the same nature, or an isolated unit, as defined in the act of which it treats the § 2º of the art. 7º.

III-working team-set of subordinate servers the same kingpin in exercise in the evaluation unit;

IV-cycle of assessment-period of twelve months considered for the assessment of individual performance and evaluation of institutional performance; and

V-working plan-document in which the data regarding each step of the evaluation cycle, observed the provisions of the art. 12.

Art. 9º The act referred to in § 2º of the art. 7º should define:

I-criteria, standards, specific procedures, evaluation mechanisms and controls for implementation of GDAIE;

II- responsible for verifying the overall and specific criteria and procedures of the performance evaluations in each assessment unit;

III-start and end of the evaluation cycle;

IV-factors to be awounded in the individual performance evaluation, observed § 1º of the art. 10;

V-relative weight of the fulfillment of targets, of each individual performance factor and of each concept referred to in § 4º of the art. 10, in the composition of the result of the individual performance evaluation;

VI-evaluation procedures, its sequence and those responsible for its execution;

VII-procedures regarding the right of recourse by the assessed server;

VIII-procedures for setting goals, their quantification and annual review; and

IX-units of the organizational structure of the qualid body or entity as evaluation units.

Art. 10. Individual performance evaluation aims to afer the performance of the server in the exercise of the job or role assignments, with a focus on the individual contribution to the scope of organizational goals.

§ 1º Individual performance evaluation will consider productivity, measured from the fulfillment of the individual paced goals in the work plan, and the development of the servers in the following factors:

I-technical capacity;

II-teamwork;

III-commitment to the work; and

IV-compliance with the standards of procedures and conduct.

§ 2º The fulfillment of the individual targets will be ascertained only by the immediate kingpin.

§ 3º The technical capacity factor should consider the assignments of the posts to which the arts refer. 2º and 4º and the working context of the teams.

§ 4º The servers, occupiers or not of positions in commission or trust function, which do not find themselves in the situation foreseen in the inciso II of the caput of the art. 19 or in the inciso II of the art caput. 20 will be assessed in the individual dimension on the basis of:

I-concepts attributed to the performance factors referred to in § 1º by the assessed itself, in the ratio of 27.5% (twenty-seven and a half per one); and

II-concepts attributed to the performance factors referred to in § 1º by the immediate kingpin, in the ratio of 72.5% (seventy-two and a half per cent).

§ 5º The human resources unit of the Ministry of Planning, Budget and Management will consolidate the concepts assigned to the servers and give science to the evaluation of the whole process.

Art. 11. The evaluation of institutional performance shall refer to the performance of the organ or entity in which the server is in exercise.

§ 1º In the impossibility of applying the willing in the caput, the evaluation of institutional performance will refer to the performance of the Ministry of Planning, Budget and Management.

§ 2º The targets regarding the evaluation of institutional performance Understanding:

I-global targets referring to the organ or entity as a whole in which the server is in exercise, elaborated, when couber, as per the Multiannual Plan-PPA, the Law of Budget Guidelines and the Annual Budgeting Law; and

II-intermediate targets referring to the work teams, drawn up as per the overall institutional goals, and may be segmented, second geographic, organizational hierarchy or activity nature criteria.

§ 3º The overall institutional performance targets, with the respective indicators, will be set annually by act of the maximum officer of the organ or entity in which the server is in exercise or from the Minister of State for Planning, Budget and Management, observed the provisions of § 1º of the caput, and may be reviewed, at any time, in the supervenience of factors that significantly and directly influence their achievement, as long as the respective organ has not given cause to such factors.

§ 4º Institutional targets will be measurable objectively, using it as indicator parameters that aim to affer the quality of services related to the finalistic activity of the organ or entity in which the server is in exercise or the Ministry of Planning, Budget and Management, noted the provisions of § 1º, considered the indices achieved in the previous financial years, at the time of setting the targets.

§ 5º Individual performance targets and targets institutional performance intermediates:

I-should be defined by objective criteria;

II-will conduct the work plan; and

III-will be previously agreed between server, bosses and working staff.

§ 6º The case does not exist the agreement referred to in the inciso III of § 5º before the start of the evaluation period, the managerial responsible for the work team will set the individual performance targets.

§ 7º Institutional performance targets and ascertained results cycle should be widely publicized by the body or entity in which the server is in exercise or by the Ministry of Planning, Budget and Management, including on its electronic site, and will remain accessible at any time.

Art. 12. The work plan referred to in § 5º of the art. 11 will contain, at the very least:

I-actions most representative of the evaluation unit;

II-activities, projects or processes in which they unfold the actions;

III-intermediate goals of institutional performance and proposed individual performance targets;

IV-performance commitments individual and institutional, firmed at the beginning of the evaluation cycle between bosses and server, from the intermediate goals;

V-criteria and performance follow-up procedures individual and institutional of all steps over the course of the evaluation cycle, under guidance and supervision of the manager and the Follow-up Committee of which it treats art. 27;

VI-partial evaluation of the results obtained, to subsidize adjustments in the course of the evaluation cycle; and

VII-final apuram of the fulfillment of the targets and too much commitments firmed in such a way as to enable the closure of the results obtained on all components of the performance evaluation.

Single paragraph. The work plan should cover the set of the servers in exercise in the evaluation unit and each server will be linked, at a minimum, to an action, activity, project, or process.

Art. 13. GDAIE shall be paid observed the maximum limit of one hundred points and the minimum of thirty points per server, corresponding to each point, in their respective posts, classes and standards, to the values set out in Schedule III of Law No. 11,539, of 2007, observed the following distribution:

I-up to eighty points due to the outcome of the institutional performance evaluation; and

II-up to twenty points in elapsed from the results of the individual performance evaluation.

Art. 14. The values to be paid under GDAIE will be calculated by multiplying the sum of the points earned in the individual and institutional performance evaluations and the value of the point constant of Annex III to Law No. 11,539 of 2007, according to the respective post, class and standard.

Art. 15. Individual and institutional performance evaluations will be ascertained annually and will produce monthly financial effects for equal period.

§ 1º The cycle of the performance evaluation will have the duration of twelve months, except the first cycle drawn up as an act of the Minister of State for Planning, Budget and Management, which may have duration lower than that set out in this paragraph, and will understand the following steps:

I-publication of the global goals, to which refers to the inciso I of § 2º of the art. 11;

II-establishment of individual and institutional performance commitments, firmed up in the work plan referred to in art. 12, as of the date of exercise in the organs and entities, observed the duration and period of the ongoing cycle;

III-follow-up of all steps of the performance evaluation process individual and institutional, under guidance and supervision of the leaders of the body or the exercise entity and the Monitoring Commission of which it treats art. 27, over the course of the evaluation cycle;

IV-partial evaluation of the obtained results, for necessary adjustments;

V-final assessment of the scores for the closing of the results obtained on all the components of the performance evaluation;

VI-publication of the final evaluation result; and

VII-return to the evaluated, to discuss the results obtained in the performance evaluation, after the consolidation of the scores.

§ 2º The evaluations will be processed in the month subsequent to the end of the evaluative period and its financial effects will begin in the month following the processing of the valuations.

Art. 16. Until the first individual performance evaluation is processed that comes to a financial effect, the newly appointed server for effective office and the one who has returned unpaid leave or assignment, or from other discourses without right to the perception of GDAIE, in the course of the evaluation cycle, will receive the gratification in the corresponding value at eighty points.

Art. 17. The individual assessment will have financial effect only if the server has remained in exercise of activities inherent in the respective post by, at a minimum, two-thirds of a full period of evaluation.

§ 1º The active server beneficiary of the GDAIE that obtains in the individual performance evaluation score less than forty percent of the maximum points limit to it intended will not make jus to the plot regarding the evaluation of institutional performance in the period.

§ 2º The servers that achieve individual performance evaluation less than fifty percent of the maximum predicted score will be submitted to the empowerment or analysis of functional suitability, as the case may be, under the responsibility of the Ministry of Planning, Budget and Management, with the participation of the organ or entity in which it is in exercise.

§ 3º Functional suitability analysis aims to identify the causes of the results obtained in evaluating the performance and serve as a subsidy for the adoption of measures that might propitiate the improvement of server performance.

Art. 18. Individual and institutional performance evaluations will be used as a management tool, so as to identify aspects of performance that can be improved by means of opportunities for empowerment and professional outreach.

Art. 19. The effective office holder of the Infrastructure Analyst or the post of Senior Infrastructure Specialist, in effective exercise of the assignments of the posts, when invested in office in commission or trust function will make jus à GDAIE as follows:

I-the invested in trust function or post in committee of the Group-Direction and Superiors-DAS, levels 3, 2, 1 or equivalent, will perceive GDAIE calculated as per the provisions of the arts. 14 and 15; and

II-the vested in charge of Special Nature or post in committee of the Group-Direction and Higher-Advising Superiors-DAS, levels 6, 5, 4 or equivalent, will make jus à GDAIE calculated with basis at the maximum value of the individual parcel added to the result, in the period, of the institutional evaluation of the Ministry of Planning, Budget and Management or of the organ or entity in which the server is in exercise, noted the provisions of § 1º of the art. 11.

Art. 20. The effective office occupant of the Infrastructure Analyst Infrastructure or the Senior Infrastructure Specialist post that does not find itself in exercise of arts related activities. 2º to 5º, it will only make jus à GDAIE:

I-when requested by the Presidency or Vice Presidency of the Republic or the requisite requisition hypotheses in law, situation in which you will perceive the GDAIE calculated on the basis of the provisions of the arts. 14 and 15; and

II-when yielded to organs or entities of the Federal Government distinct from those provided for in the inciso I of the caput, provided that I have invested in charge of Special Nature, of provement in committee of the Group-Direction and Advice Superiors-DAS, levels 6, 5, 4 or equivalent, situation in which you will perceive GDAIE calculated on the basis of the institutional evaluation result of the period.

Single partagraph. It applies to the server that it treats this article the evaluation of institutional performance of the Ministry of Planning, Budget and Management.

Art. 21. If exoneration of the post in committee occurs, with maintenance of the effective post, the servers referred to in the arts. 19 and 20 will continue to perceive GDAIE in value corresponding to that of the last scoring awarded, until processing of its first assessment after exoneration.

Art. 22. In the event of departments and licences considered by Law No. 8,112 of December 11, 1999, as of effective exercise, without prejudice to the remuneration and entitled to the perception of GDAIE, the server will continue to perceive the respective gratification corresponding to the last score obtained, until it is processed at its first evaluation after the return.

Single paragraph. The willing in the caput does not apply to the cases of cession.

Art. 23. The occupants of the posts of which they treat the arts. 1º and 4º that do not remain in effective exercise in the same organizational unit throughout the evaluation period will be assessed in the unit where they have stayed longer.

Single paragraph. In case the server has stayed the same number of days in different organizational units, the evaluation will be done by the immediate kingpin of the unit at which it was at the time of the closing of the evaluation cycle.

Art. 24. GDAIE will not be able to be paid cumulatively with any other gratification of activity or productivity performance, regardless of its denomination or calculation basis.

Art. 25. To the occupants of the posts of which they treat the arts. 1º and 4º is ensured the broad participation in the performance evaluation process, by prior knowledge of the criteria and instruments used, and the monitoring of the process, and the body that carried out the evaluation the broad dissemination and the guidance regarding the policy of evaluation of the servers.

Art. 26. The assessed will be able to submit request for reconsideration, duly justified, against the outcome of the individual assessment, within ten days, counted from the date of receipt of copy of all the data on evaluation.

§ 1º The request for reconsideration that it treats the caput will be forwarded to the server's managerial for appreciation.

§ 2º The request for reconsideration will be appreciated at the maximum time of five days, may the kingpin defer the ballot, in whole or in part, or dismiss it.

§ 3º The decision of the kingpin on the application for the interposed reconsideration will be communicated, at most, by the day following the closing of the deadline for consideration by the evaluator, the human resources unit, which will give science of the decision to the server and the Monitoring Commission of which it treats the art. 27.

§ 4º In the event of partial deferral or dismissal of the ballot, it will be recourse to the Follow-up Committee of which it treats the art. 27, within ten days, which will judge you in the last instance.

§ 5º The final result of the appeal is to be published in the administrative bulletin of the Ministry of Planning, Budget and Management, and the interested will be intimated through the provision of copy of the entirety of the decision.

Art. 27. Act of the maximum officer of the organ or entity in which the server is in office will institute Performance Evaluation Monitoring Commission, which will participate in all the steps of the performance evaluation cycle.

§ 1º The Performance Evaluation Monitoring Commission will be integrated by representatives indicated by the maximum officer of the organ or entity in which the server is in exercise and by members indicated by the servers.

§ 2º Only will be able to integrate the Monitoring Commission of the Performance Evaluation of effective servers that:

I- perceive GDAIE;

II-are not in probationary stage; and

III-are not responding to the disciplinary administrative process.

§ 3º Compete to the Performance Evaluation Monitoring Commission, ultimately, possible interposed features to the results of the individual evaluations.

§ 4º The way of operation and composition of the Performance Evaluation Monitoring Commission will be defined by means of act of the maximum governing body or entity in which the server is in exercise.

Art. 28. For the purpose of incorporation of GDAIE to the retirement or pension proceeds, the criteria set out in the art will be adopted. 18 of Law No. 11,539, of 2007.

Art. 29. Until the results of the first performance evaluation cycle are processed as per the provisions of this Decree, the server will continue to perceive GDAIE in value corresponding to that of the last score obtained.

Single partagraph. The result of the first performance evaluation processed in accordance with the provisions of this Decree will generate financial effects, as disposed of in § 2º of the art. 15.

CHAPTER IV

OF THE FUNCTIONAL PROGRESSION AND PROMOTION

Art. 30. The development of the occupant server of the Infrastructure Analyst post will occur upon functional progression and promotion.

Single paragraph. It is considered to be functional progression the server passage from one standard to another immediately higher within a same class and promotion, the server passage from the last standard of a class to the initial class pattern immediately top.

Art. 31. For the purposes of functional progression, the following requirements should be observed:

I-observance of the eighteen month interstint of effective exercise in each standard; and

II-average result higher than eighty percent of the maximum limit of the score in the individual performance evaluations of which it treats art. 10, at the interstice considered for the progression.

Art. 32. For functional promotion purposes, the following requirements should be observed:

I-fulfillment of the eighteen month interstint of effective exercise in the last standard of each class;

II-average result higher than ninety per cent of the maximum limit of the score in the individual performance evaluations of which it treats the inciso II of the art caput. 13, at the interstice considered for the promotion; and

III-participation in capacity-building events whose contents are compatible with the tasks of the office.

Single partagraph. Annex II sets out the combination of these requirements to be observed when of the promotion.

Art. 33. The eighteen month interstice of effective exercise for functional progression and for promotion will be:

I-computed to count from the commissioning of the occupant server of the posts to which if refers to art. 1º; and

II-computed in days, discounted the departments that are not legally considered to be effective exercise.

Single paragraph. The publication of this Decree does not disrupt or interfere with the ongoing count of the interstice of which it treats the caput.

Art. 34. The acts of granting the progression or promotion should be published in the Administrative Bulletin of the Ministry of Planning, Budget and Management and will produce financial effects from the first day subsequent to the date on which the server there is cumulatively completed the requirements for progression or promotion.

Art. 35. For promotion purposes, capacity-building events may be considered in national or foreign institutions whose contents are compatible with the tasks of the office.

Para. single. The specialization, master's and doctoral courses held in national or foreign institutions must be recognized by the Ministry of Education.

Art. 36. They are vetted the functional progression and the promotion of the occupant of the effective post of the Infrastructure Analyst Carrier before completing the minimum eighteen month interstice of effective exercise in each standard.

Art. 37. Act of the Minister of State for Planning, Budget and Management will have on the specific systematic review of performance, capacity-building and functional qualification for the purposes of progression and promotion.

Single partagraph. The capacity-building and qualification will observe the provisions of Decree No. 5,707, of February 23, 2006, with the aim of enhancing the formation of the servers of the effective framework and the performance of the activities described in the arts. 3º and 5º.

Art. 38. To the occupying servers of the posts of the Infrastructure Analyst of Infrastructure will be granted the progressions and promotions not effected by lack of regulation by the organs in which they were crowded, observed the minimum interstantium of eighteen months by default from the date of exercise until the entry into force of this Decree.

§ 1º Caberá to the Ministry of Planning, Budget and Management the ascertainment of the fulfillment of the provisions of the caput.

§ 2º Caberá to the organs in which they were crowded the servers of which treats the caput up to the date of its redistribution, in the terms of the art. 48 of Law No. 12,702 of August 7, 2012, provide all necessary information to the Ministry of Planning, Budget and Management for fulfillment of the provisions of § 1º.

Art. 39. This Decree comes into effect on the date of its publication.

Art. 40. It is hereby revoked the Decree No. 6,693 of December 12, 2008.

Brasilia, September 6, 2013; 192º of Independence and 125º of the Republic.

MICHEL TEMER

Miriam Belchior

annexOS