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Decree No. 4652, 27 March 2003

Original Language Title: Decreto nº 4.652, de 27 de Março de 2003

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DECREE NO. 4,652, OF March 27, 2003.

Approves the Structure Regimental and the 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 confers 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 Provisional Measure No. 103, 1º January 2003

DECRETA:

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

Art. 2 ° In due to the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors Superiors-DAS:

I-of the Management Office, of the Ministry of Planning, Budget and Management for ADA: fourteen DAS 102.1; and

II-from ADA to the Office of Management, of the Ministry of Planning, Budget and Management: a DAS 101.4; a DAS 101.3; a DAS 101.2; thirteen DAS 101.1; four DAS 102.3; and a DAS 102.2.

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

Single paragraph. After the apostilaments provided for in the caput, the Director General of the ADA shall publish, in the Official Journal of the Union, within thirty days, counted from the date of the publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Superior-DAS Assessments, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective levels.

Art. 4 ° The internal ADA regiment shall be approved by the Directorate Collegiate and published in the Official Journal of the Union, within the period of up to ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree takes effect on the date of its publication.

Art. 6 ° It shall be revoked the Decree No. 4,125 of February 13, 2002.

Brasilia, March 27, 2003; 182 ° of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Ciro Ferreira Gomes

ANNEX I

REGIMENTAL STRUCTURE OF THE

AMAZONIAN DEVELOPMENT AGENCY

CHAPTER I

OF THE NATURE, HEADQUARTERS, PURPOSE AND COMPETENCIES

Art. 1º The Amazonian Development Agency-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 goal of implementing policies and viabilizing 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 identifying potential and socio-economic and environmental vulnerabilities and propose strategies and actions compatible with regional space;

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

VIII-promoting 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-elaborating feasibility studies of integration projects and of regional development;

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

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

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

Art. 2º The acting area of ADA 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 West of the Meridian 44º of West Longitude.

Art. 3º 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 Council Deliberative 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

FROM THE ORGANIZATIONAL STRUCTURE

Art. 4º 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 Colegified Directorate:

a) Cabinet;

b) General Planning and Strategic Management; and

c) Attorney-Juridic;

III-sectional bodies:

a) Internal Audit; and

b) Coordinating Overview of Administration and Finance;

IV-singular specific organs: Generations Executive.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 5º ADA will be directed in collegiate-led regime by a Board of Directors composed of a Director General and three Directors.

§ 1º 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, under the terms of 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.

§ 2º The Colegiada Board will designate one of its members to take over the general direction in the eventual absences and impediments of the Director-General, and the remaining directors will be any possible substitutes with each other.

§ 3º The appointment of the Attorney-Legal shall be preceded by the annuence of the Union Advocate General.

§ 4th The appointment of the Auditor-in-Chief will be submitted by the Director-General to the Colegiated Directorate for approval and subsequently to the Union's Controller-General.

§ 5th The remaining posts in committee and gratified functions will be provident in the form of the relevant legislation.

Art. 6º It is vetted to the Directors of ADA the exercise of other professional, business, trade union or political-party direction activity.

Single paragraph. It is vetoed from ADA leaders to have direct or indirect interest in company benefiting from the Amazonian and Northeast Development Funds.

Art. 7º 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 submitted or approved project by the former Superintendency 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 administration or fiscal; or

III-employee, albeit with a suspended work contract.

Art. 8º The Managers-Executives and the Coordinators-General will be chosen, preferably, among occupant occupiers effective from the ADA Personnel Board or from among servers of the Federal Public Administration who have professional qualification and training compatible with the role or job title to be exercised.

Art. 9th The occupants of the posts of the Group-Direction and Assessments Superiors-DAS 102.2 and 102.1 will be chosen from among the effective post office servers of the ADA Personnel Board, obeyed the qualification requirement 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. 10. 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 the Amazon 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;

and) of the State Governments; and

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

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

CHAPTER V

Das Competences of the Organs

Art. 11. 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 Amazon Development Plan 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 carried out with resources from the Amazon Development Fund;

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 ADA activities;

X-decide on the sale, assignment or rental of ADA 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 expends the internal regiment, the actions of Executive Generances;

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

XV-indicate the members of the Technical Committee; and

XVI- authorize the conclusion of contracts, agreements and agreements.

§ 1º The Colegiated Board shall meet with the presence of at least three Directors, among them the Director-General, and shall act by a simple majority of votes, prevailing, in the event of a tie-up, the vote of the latter.

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

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

Art. 12. 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 concentrate 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. 13. 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 / her competence; and

II-plan, coordinate and execute the social media activities, parliamentary support and relations with the outside.

Art. 14. To the Strategic Planning and Strategic Management Co-ordinator compete to plan, coordinate, supervise the execution of the activities related to the Federal Organization Systems of Organization and Administrative Modernization and Resource Administration of Information and Informatics, of Planning and Budget and, specifically:

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

II-coordinate the elaboration of the ADA planning, as well as follow up and evaluate its execution;

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

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

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

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

VII-coordinate the implementation of actions that object to the spread of new organizational practices, aiming at 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. 15. To the Attorney-Legal, in the capacity of the executor organ of the Federal Attorney General, compete:

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

IV-judicially represent the holders and former officeholders in steering committee, as well as the occupiers of effective post of ADA, including by promoting private criminal action or representing before the Ministry Public, when victims of crime, as to acts practiced in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially of the Agency, and may, still, as to the same acts, impeded habeas corpus and security warrant in defence of public servants; and

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

Art. 16. 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 norms of the acts of budget management, financial, accounting and heritage, of personnel and of the remaining administrative and operational systems;

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

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

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

Art. 17. The Administration-General Administration and Finance compete to plan, coordinate and supervise the execution of the activities related to the Federal Accounting Systems, Financial Administration, Human Resources and General Services, in the scope of ADA.

Art. 18. 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, regional integration 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

OF THE ATTRIBUTIONS OF THE LEADERS

Art. 19. 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 Colegiated Board;

IV-decide, ad referendum of the Colegiated Board, the issues of urgency;

V-nominate and exonerate servers;

VI-probing the posts in committee and the functions of trust;

VII- admit employees and requisition and lay off employees and servers;

VIII-approve bidding and homologation editions;

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

X-authorize the hiring of third-party services, in the form of the specific legislation;

XI-signing contracts, agreements and arrangements, previously approved by the Colegiated Board;

XII- ordering expenses and practicing the necessary management acts within the scope of the ADA objectives;

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

XIV-exercise the disciplinary power, pursuant to the legislation in force; and

XV-coordinate the Technical Committee.

Art. 20. 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 ADA competencies;

III-ensure the credibility and institutional image of the ADA;

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

V-practice and exclaim the administrative management acts in the scope of its assignments and in the terms of the internal regiment;

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

VII-overseeing matters that are delegated to them by the Collegiate Directorate.

Single paragraph. ADA Directors take responsibility, severally, in the terms of the current legislation and management contracts, as to the results, objectives and targets of ADA.

Art. 21. To the Chief of Staff, the Coordinators-General, The Prosecutor-Legal, 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 exercise other assignments that are committed to them by delegation of competence and by the internal regiment.

CHAPTER VII

OF THE GENERAL PROVISIONS

Art. 22. The internal regiment will define the detailing of the integral units of the regimental structure of ADA, its competencies and the attributions of its leaders.