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Provisional Measure No. 1,984-15, Of 9 March 2000

Original Language Title: Medida Provisória nº 1.984-15, de 9 de Março de 2000

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PROVISIONAL MEASURE NO. 1.984-15, OF March 9, 2000.

Added and alters devices of the Leis nos 8,437, of June 30, 1992, 9,028, of April 12, 1995, and 9,494, of 10 of September 1997, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of PRESIDENT OF THE REPUBLIC, using the assignment that gives him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Law No. 8,437 of June 30, 1992, passes the increased invigoration of the following devices:

?Art. 1º .....................................................................................................................................

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§ 4º In cases where fully liminal measure can be measured, without prejudice to the communication to the leader of the organ or entity, the respective judicial representative of it shall be immediately subpoenaed.? (NR)

?Art. 4º .....................................................................................................................................

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§ 4º Denied the suspension, even before the interposition of the aggravation referred to in the preceding paragraph, shall fit further request for suspension to the President of the Court competent to judge possible special or extraordinary appeal.

§ 5º The interposition of the aggravation of instrument against preliminary injunction granted in the actions moved against the Public Power and its agents does not prejudice or condve the judgment of the suspension application referred to in this article.? (NR)

?Art. 4º-A. In the rescissive actions proposed by the Union, States, Federal District and Municipalities, as well as by the authorities and foundations instituted by the Public Power, characterized by the legal plausibility of the claim, can the court, at any time, grant cautionary measure to suspend the effects of the rescinding sentence.? (NR)

Art. 2º The art. 6º of Law No. 9,028 of April 12, 1995, passes the invigorate plus of § § 2º and 3º, remunerating the current single paragraph for § 1º:

? § 2º The subpoenas to be realized outside the seat of judgment will be made, necessarily, in the form envisaged in art. 237, inciso II, of the Code of Civil Procedure.

§ 3º Applies to the procurators or member attorneys of the organs linked to the Advocate General of the Union as contained in the caput and in § 2º of this article, as to the proceedings in tramite in the first-degree justice of jurisdiction.? (NR)

Art. 3º Law No. 9,028, 1995, goes on to invigorate with the following changes:

?Art. 8º-A. It is set up, at the Office of the Union Advocate General, the Linked Bodies ' co-ordinator, to assist him in the exercise of his assignments of normative guidance and technical supervision of the legal bodies of the public authorities and foundations.

§ 1º The Binding Bodies Coordinator shall be Union Consultant, designated by the Union Advocate General.

§ 2º The Advocate General of the Union shall edit act, in the terms of the art. 45 of the Supplementary Act No. 73 of February 10, 1993, available on the Ordinatorship of which it treats this article.? (NR)

?Art. 11-A. It shall be authorized for Advocate-General of the Union to assume, for its Goods, temporarily and exceptionally, the judicial representation of public authorities or foundations at the following hypotheses:

I-absence of prosecutor or counsel;

II-impediment of the members of the legal body.

§ 1º The extraordinary judicial representation provided for in this article may occur by solicitation of the entity's leader or on the initiative of the Union Advocate General.

§ 2º To the members of the Advocate-General of the Union, in the exercise of the judicial representation that it treats this article, the procedural prerogatives provided for in law shall be ensured.? (NR)

?Art. 19. ..................................................................................................................................

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§ 5º The transpositions effectivated by this article have reached is-only stable servers in the public service, mentioned in item I do caput.? (NR)

?Art. 19-A. They are transposed, to the Legal Assistant Carrier of the Advocate-General of the Union, the current effective positions of the direct Federal Administration, bachelor's privates in law, whose assignments, fixed in a skilful normative act, have content eminently legal and correspond to those of assistance fixed to the posts of the said Carrier, or to cover them, and which:

I-are vacant; or

II-have as proprietors servers, stable in the public service, which:

a) previously on October 5, 1988 already held effective office, or permanent employment, bachelor's privative in law, of eminently legal content, in the terms of the caput, in the Administration Federal direct, municipal or fundational, as per the then applicable constitutional and legal norms;

b) invested after October 5, 1988, the have been due to approval in a public tender or the application of the § 3º of the art. 41 of the Constitution.

§ 1º In the situations provided for in the inciso II, the object transposition of this article covers the posts and their holders.

§ 2º The egressal server transposition of autarky or foundation federal public, provided for in the inciso II, points (?a? e?b?, achieves tshall-only the one that went on to integrate the direct Administration into account of the extinction or alteration of the legal nature of the entity to which it belonged, and provided that the assignments of the respective entity and its framework of personnel have been, by law, absorbed by organs of the direct Administration.

§ 3º To the disciplined transpositions in this article apply, too, the correlation and the constant procedures of the art. 19 of this Act (§ § 2º, 3º and 4º).

§ 4º The transpositions of which it treats this article will be formalized in declaratory act of the Union Advocate General, in the view of the application formulated by the person concerned.

§ 5º The possible financial effects, of the transposings in reference, shall be due only, to their beneficiaries, from the date on which the declaratory act, the object of the preceding paragraph, is published.

§ 6º The maximum holders of the bodies of the direct Federal Administration, in which there are posts in the situation described in the caput and inciso I, should nominate them to Advocate General of the Union, through the Ministry of Planning, Budget and Management, explaining, relatively to each vacant post, its origin, evolution, attributions and normative regency.

§ 7º The requirement that it treats § 4º should be instructed with the necessary documentation to be shown that the server meets the willing in this article, and protocolized in the human resources body of the respective Ministry or State Secretariat, after which it is to be forwarded to the Union Advocate General in the form by it regulated, accompanied by conclusive manifestation of the respective legal advising body.? (NR)

?Art. 21. To the holders of the positions of Lawyer of the Union, of Prosecutor of the National Finance and Legal Assistant of the respective careers of Advocate General of the Union is to represent it judicially and extrajudicially, as well as to carry out the activities of legal advisement of the Executive Power, as per the normative act of the Union Advocate General.? (NR)

?Art. 24-A. The Union, its public authorities and public foundations are exempt from expense and emoluments and too many judicial fees, in any forums and instances.? (NR)

Art. 4º The Law No. 9,494 of September 10, 1997, it passes on the increased vigour of the following articles:

?Art. 1º-A. Are they waived for prior deposit, for appeal interposition, the legal persons of federal, state, district, district and municipal law.? (NR)

?Art. 2º-A. The civil sentence prolated in action of collective character proposed by associative entity, in the defence of the interests and rights of its associates, shall cover only those substituted which have, on the date of the purposeof the action, domicile within the framework of the territorial competence of the prolator organ.

Single paragraph. In the collective actions proposed against entities of the direct, municipal and fundable Administration of the Union, the states, the Federal District and the Municipalities, the initial petition should compulsorily be instructed with the minutes of the assembly of the entity associative who authored it, accompanied by the nominal relationship of its associates and indication of the respective addresses.? (NR)

?Art. 2º-B. The sentence that has per object the release of appeal, inclusion in payroll, reclassification, equiparation, granting of increase or extension of advantages to servers of the Union, the States, the Federal District and the Municipalities, inclusive of your authorities and foundations, can only be executed after your transit on trial.

Single paragraph. The sentence handed down in cautionary action will only be able to have satisfactory character when carried forward on trial the sentence handed down in the main action.? (NR)

Art. 5º The deadlines referred to in art. 26 of Law No. 9,651 of May 27, 1998, they are extended for another twenty-four months from their termination.

Art. 6º Ficam convalidated the acts practiced on the basis of the 10 interim Provisional Measure No. 1.984-14 of February 2000.

Art. 7º This Provisional Measure takes effect on the date of its publication.

Brasilia, March 9, 2000; 179º of Independence and 112º of the Republic.

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