LEI N ° 10,233, OF June 5, 2001

Disposes on the restructuring of aquaviary transport and land, creates the National Transportation Policy Integration Council, the National Inland Transportation Agency, the National Transportation Agency and the National Transportation Infrastructure Department, and gives others providences.

THE PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

DO OBJECT

Art. 1 ° Constitute the object of this Law:

I-create the National Council for Integration of Transportation Policies;

II-dispose on the ordering of aquaviary and terrestrial transport, in the terms of art. 178 of the Federal Constitution, rearranging the management of the Federal Travel System and regulating the provision of transport services;

III-create the National Terrestrial Transport Agency;

IV-create the National Transportation Agency Aquaviaries;

V-create the National Department of Transportation Infrastructure.

CHAPTER II

OF THE NATIONAL VIATION SYSTEM

Art. 2 ° The National Travel System-SNV consists of the road infrastructure and the operational structure of the different means of transport of people and goods, under jurisdiction of the Union, the States, the Federal District and the Municipalities.

Single Paragraph. The SNV will be governed by the principles and guidelines set out in consonance with the provisions of the incisus XII, XX and XXI of the art. 21 of the Federal Constitution.

Art. 3 ° The Federal Travel System-SFV, under the jurisdiction of the Union, covers the fabric basic arterial of the National Travel System, formed by axes and terminals relevant from the point of view of transport demand, national integration and international connections.

Paragraph single. The SFV comprises the physical elements of the existing and planned road infrastructure, defined by the current legislation.

Art. 4 ° Are essential goals of the National Travel System:

I-endow the country with adequate viary infrastructure;

II-guarantee the rational and safe operation of transports of people and goods;

III-promoting social and economic development and national integration.

§ 1 ° Defines as adequate viary infrastructure to which makes minimum the total cost of transport, understood as the sum of the costs of investments, maintenance and operation of the systems.

§ 2 ° Understand as rational and safe operation to which it is characterized by the efficient management of the tracks, terminals, equipment and vehicles, objecting to making minimums the operating costs and, consequently, the freight and fares, and to ensure the safety and reliability of the transport.

CHAPTER III

FROM THE NATIONAL INTEGRATION COUNCIL

TRANSPORT POLICIES

Art. 5 ° Stay created the National Council for Integration of Transport Policies -CONIT, linked to the Presidency of the Republic, with the assignment of proposing to the President of the national political republic of integration of the different modes of transport of persons and goods, in compliance with:

I-the national, regional and urban development policies, of half environment and the safety of populations, formulated by the various spheres of government;

II- the guidelines for the physical and objective integration of the living systems and transport operations under the jurisdiction of the Union, the states, the Federal District and the Municipalities;

III-the promotion of competitiveness, for cost reduction, tariffs and frets, and of decentralization, for improvement of the quality of services provided;

IV-the policies to support expansion and development technology of the equipment industry and transport vehicles;

V-the need for the coordination of activities pertinent to the Federal Travel System and assigned by the current legislation to the Ministries of Transport, Defence and Justice and the Special Office of Urban Development of the Presidency of the Republic.

Art. 6 ° In the exercise of the assignment provided for in the art. 5 °, it will be up to the CONIT:

I-propose measures that will propitiate the integration of air transport, aquaviary and terrestrial and the harmonization of their respective sectoral policies;

II-define the elements of logistics of multimodal transport to be implemented by the regulatory bodies of land and aquaviary transport, linked to the Ministry of Transport, as it establishes this Act, and by the air transport regulatory body, linked to the Ministry of Defense, as laid out in the Supplementary Act No. 97, of June 9, 1999;

III-harmonize national transport policies with the transport policies of the states, the Federal District and the Municipalities, aiming at the articulation of the organs in charge of the management of the living systems and the regulation of interstate, intermunicipal and urban transport;

IV-approve, depending on regional characteristics, the provision policies of transport services to the most remote or difficult areas of the Country, submitting to the President of the Republic and to the National Congress the specific measures that entail the creation of subsidies;

V-approve the periodic reviews of the transport networks that contemplate the various regions of the Country, proposing to the Executive Power and to the National Congress the reformulations of the National Travel System that meet the national interest.

Art. 7 ° (VETADO)

Art. 8 ° (VETADO)

Art. 9 ° (VETADO)

Art. 10. (VETADO)

CHAPTER IV

OF THE PRINCIPLES AND GUIDELINES FOR TRANSPORT

AQUAVIARY AND TERRESTRIAL

SECTION I

Of The General Principles

Art. 11. The management of the infrastructure and the operation of aquaviary transport. and terrestrial will be governed by the following general principles:

I-preserve the interest national and promote economic and social development;

II-ensure national unity and regional integration;

III-protecting the interests of users as to quality and provision of transport services and end consumers as to the incidence of freight in the prices of the transported products;

IV-ensuring, where possible, that users pay for the costs of the services provided in an efficiency regime;

V-compatibilize transport with the preservation of the environment, reducing noise and noise pollution levels. atmospheric contamination, soil and water resources;

VI-promoting the conservation of energy, by means of reducing the consumption of automotive fuels;

VII-reduce the damage social and economic arising from traffic congestions;

VIII-ensuring to the users freedom of choice from the form of locomotion and the means of transport best suited to their needs;

IX-setting priority for pedestrian displacement and the collective transport of passengers, in their superposition with individual transport, particularly in the centres urban;

X-promoting the physical and operational integration of the National System of Viation with the viary systems of the borderland countries;

XI-broadening the competitiveness of the Country in the market international;

XII-stimulating research and the development of technologies applicable to the transport sector.

SECTION II

From the General Guidelines

Art. 12. They constitute general guidelines of the management of the infrastructure and operation of aquaviary and terrestrial transport:

I-decentralize the actions, where possible, by promoting their transfer to other public entities, upon delegation-like arrangements, or to publishable or private companies, by means of permission, concession or permission, as it has the inciso XII of the art. 21 of the Federal Constitution;

II-take advantage of the comparative advantages of the different means of transport, promoting its physical integration and the conjugation of its operations, to the most economical and safe intermodal movement of people and goods;

III-prioritisation of action programmes and related investments, with the strategic axes of national integration, internal market supply and of export;

IV-promote the research and adoption of the best technologies applicable to the means of transport and the integration of these;

V-promoting the adoption of appropriate practices of conservation and rational use of fuels and the preservation of the environment;

VI- establish that the subsidies incidents on frets and tariffs constitute burden on the level of government that impose them or grant them;

VII-clamp down facts and actions that set or may set up imperfect competition or infractions of the economic order.

Art. 13. The outorts to which the inciso I do art. 12 will be carried out in the form of:

I-concession, when it comes to the exploitation of public transport infrastructure, preceded or not of public work, and of the provision of transport services associated with the exploitation of the infrastructure;

II-(VETADO)

III- (VETADO)

Art. 14. The willing in the art. 13 applies according to the guidelines:

I-depends on grant:

a) the exploration of the railroads, the highways, the waterways and the organized ports that make up the infrastructure of the National Travel System;

b) the rail passenger transport and loads associated with the exploitation of the railway infrastructure;

II-(VETADO)

III-depends on authorization:

a) (VETADO)

b) the road transport of passengers, under afflicting regime;

c) the construction and operation of privately owned port terminals;

d) (VETADO)

§ 1 ° As grant or permission outorts will always be preceded by bidding, as it prescribes art. 175 of the Federal Constitution.

§ 2 ° It is vetted the provision of collective transport services of passengers, of any nature, who have not been authorized, granted or permitted by the competent authority.

§ 3 ° The concession golds referred to in the inciso I of the art. 13 may be linked to asset lease agreements and construction contracts, with a reversion clause to the Union's heritage.

§ 4 ° The procedures for the different forms of outorga referred to in this article are disciplined by the provisions of the arts. 28 a 51.

CHAPTER V

FROM THE MINISTRY OF TRANSPORT

Art. 15. (VETADO)

Art. 16. (VETADO)

Art. 17. (VETADO)

Art. 18. (VETADO)

Art.19. (VETADO)

CHAPTER VI

DAS NATIONAL AGENCIES OF REGULATION OF THE

TERRESTRIAL AND AQUAVIARY TRANSPORT

SECTION I

From the Goals, the Institution and the Acts Spheres

Art. 20. Are objectives of the National Transportation Agencies and Aquaviary Transportation Regulatory Agencies:

I -implement, in their respective spheres of acting, the policies formulated by the National Transportation Policy Integration Council and by the Ministry of Transport, under the principles and guidelines set forth in this Act;

II-regulate or supervise, in their respective spheres and assignments, the activities of rendering of services and operation of the transport infrastructure, exercised by third parties, with views to:

a) ensure movement of people and goods, in fulfillment to standards of efficiency, safety, comfort, regularity, punctuality and modicity in the frets and fares;

b) harmonize, preserved the public interest, the goals of the users, of the companies dealerships, permissionaries, authorized and leasing, and delegated entities, arbitrating conflicts of interest and preventing situations that set up imperfect competition or infringement of the economic order.

Art. 21. The National Terrestrial Transportation Agency-ANTT and the National Transportation Agency Aquaviaries-ANTAQ, integral entities of the indirect Federal Administration, submitted to the special municipal government and linked to the Ministry of Transport are hereby established. of the Transport, pursuant to this Act.

§ 1 ° ANTT and the ANTAQ will have headquarters and venue in the District Federal, and may install regional administrative units.

§ 2 ° The municipal scheme special conferred on ANTT and the ANTAQ is characterized by the administrative independence, financial and functional autonomy and fixed mandate of its leaders.

Art. 22. They constitute the acting sphere of ANTT:

I-the commuter rail transport and loads along the National Travel System;

II-the exploration of the infrastructure railway and the tenancy of the corresponding operating assets;

III-the transport interstate and international road passenger road;

IV-the road transport of loads;

V-the exploitation of the federal road infrastructure;

VI-the multimodal transport;

VII-the transport of special and hazardous cargoes on railways è railways.

§ 1 ° The ANTT will articulate itself with the remaining Agencies, for resolution of the interfaces of the land transport with the other means of transport, aiming at the intermodal motion more economical and safe of people and goods.

§ 2 ° The ANTT will harmonize its sphere of acting with that of organs of the states, of the Federal District and, of the Municipalities entrusted with the management of their living systems and of the intercity and urban transport operations.

§ 3 ° A ANTT will articulate with operators of dutoviary transport, for resolution of intermodal interfaces and organization of enrollment of the Brazilian dutoways system.

Art. 23. They constitute the acting sphere of the ANTAQ:

I-the fluvial, lacustrine, traverse navigation, of maritime support, port support, cabotage and long-haul;

II-the ports organized;

III-the privately held port terminals;

IV-the aquaviary transport of special and hazardous loads.

§ 1 ° The ANTAQ will articulate with the remaining Agencies, for resolution of the interfaces of the aquaviary transport with the other transport modalities, aiming at the most economical and safe intermodal movement of persons and goods.

§ 2 ° The ANTAQ will harmonize its sphere of acting with that of organs of the states and the Municipalities entrusted with the management of the intermunicipal aquaviary transport operations and urban.

SECTION II

Das Attributions of the National Terrestrial Transport Agency

Art. 24. It's up to ANTT, in its sphere of acting, as general assignments:

I-promote research and specific traffic and demand studies of transport services;

II-promoting studies applied to the definitions of tariffs, prices and freight, in confrontation with the costs and the economic benefits transferred to users by the investments realized;

III-propose to the Ministry of Transport the plans of outorgas, instructed by specific studies of technical and economic feasibility, for exploration of the infrastructure and the provision of ground transportation services;

IV-elaborate and edit standards and regulations concerning the operation of lanes and terminals, ensuring isonomics in their access and use, as well as the provision of transport services, maintaining the itineraries heard and fostering competition;

V-edit acts of outorga and of extinction of right of exploitation of infrastructure and provision of services of land transport, celebrating and managing the respective contracts and too much administrative instruments;

VI-gathering, under his administration, the outorga instruments for exploration of infrastructure and provision of land transport services already celebrated before the effective of this Act, resguarding the rights of the parties and the economic-financial balance of the respective contracts;

VII-proceed to review and the retrofitting of fees of the services provided, under the contractual arrangements, after prior communication to the Ministry of Finance;

VIII-scrutinizing the provision of the services and the maintenance of the leased goods, fulfilling and doing comply with the clauses and conditions avenues in the outorts and applying penalties for their disservice;

IX-authorising projects and investments in the framework of the established outortoises, referring to the Minister of State for Transport, if any, proposals for declaration of public utility for the fulfillment of the provisions of the inciso V of the art. 15;

X-adopt procedures for the incorporation or disincorporation of goods, in the framework of contracted leases;

XI-promoting studies on the logistics of intermodal transport, along axes or production flows;

XII-enable the Transport Operator Multimodal, in articulation with the remaining regulatory agencies of transport;

XIII- promote withdrawals and arrange enrolment relating to the Brazilian dutoways system and to the proprietary companies of dutoviary transport equipment and facilities;

XIV-establish standards and complementary technical standards concerning the land transport operations of cargoes special and dangerous;

XV-draw up your budget and carry out the respective implementation financial.

Single paragraph. In the exercise of your assignments to ANTT will be able to:

I-firming arrangements of technical cooperation and administrative with organs and entities of the Federal Public Administration, the States, the Federal District and the Municipalities, with a view to the decentralization and efficient surveillance of the outorleys;

II-participate in international traffic lights, under the coordination of the Ministry of Transport.

Art. 25. It is up to the ANTT, as specific assignments pertinent to the Railway Transport:

I- publishing the editions, judging tenders and entering into the concession contracts for provision of rail transport services, allowing for its binding with operating asset lease agreements;

II-administer the contracts for granting and renting railroads entered into the duration of this Act, in consonance with the inciso VI of the art. 24;

III-publish editions, judge the tenders and enter into concession contracts for construction and operation of new railroads, with reversion clauses to the Union of the operating assets edified and installed;

IV-supervise directly, with the support of its regional units, or through cooperation arrangements, compliance with the contractual clauses of service provision rail and maintenance and reposition of the leased assets;

V-regular and coordinate the acting of the concessionaires, ensuring neutrality with respect to the interests of the users, guiding and disciplining the mutual traffic and the right of way of passenger trains and loads and arbitrating the unresolved issues by the parties;

VI-articulate with organs and institutions of the states, the Federal District and the Municipalities for conciliation of the use of the permanent track under its jurisdiction with the local networks of subways and urban trains intended for the displacement of passengers;

VII-contribute to the preservation of the historical heritage and memory of the railroads, in cooperation with the institutions associated with national culture, guiding and stimulating the participation of the sector concessionaires.

Single paragraph. In compliance with the provisions of the inciso V, ANTT will stimulate the formation of user associations, within the scope of each railway concession, for the defence of interests concerning the services provided.

Art. 26. It is up to ANTT, as specific assignments pertinent to Road transport:

I? we publish the editions, judge the tenders and enter into the permitting contracts for provision of interstate and international road passenger transport services;

II-authorize the transport of passengers, carried out by tourism companies, with the purpose of tourism;

III-authorize the transport of passengers, under charter regime;

IV-promoting studies and withdrawals concerning the fleet of trucks, constituted companies and autonomous operators, well how to organize and maintain one. national register of road haulage carriers;

V-enable the conveyor international cargo;

VI-publishing the editions, judging the tenders and celebrating the federal highway concession contracts to be explored and administered by third parties;

VII-supervise directly, with the support of its regional units, or through cooperation arrangements, the fulfilment of the conditions of the authorization outreach and of the contractual clauses of permission for provision of services or concession for exploitation of the infrastructure.

§ 1 ° (VETADO)

§ 2 ° In the elaboration of the bidding editions, for the fulfillment of the provisions of the inciso VI of the caput, ANTT will take care of compatibilizing the toll of the toll with the economic advantages and travel comfort, transferred to the users in due process application of the resources of your fundraiser in the improvement of the track in which it is charged.

§ 3 ° A ANTT will articulate itself with the governments of the States for the fulfillment of the provisions of the inciso VI of the caput, in regard to the federal highways by them already granted to third parties, and may avocate their respective contracts and preserve cooperation administrative avenue.

§ 4 ° The provisions of § 3º apply to the concession contracts that integrates federal and state highways, firmed up to the date of publication of this Act.

§ 5 ° The arrangements for administrative cooperation, referred to in the inciso VII of the caput, may be firmed up with organs and entities of the Union and of the governments of the states, the Federal District and the Municipalities.

§ 6 ° In fulfillment of the provisions of the inciso VII of the caput, ANTT should co-inhibit the practice of services of carriage of passengers not granted, permitted or permitted.

Section III

Das Attributions of the National Aquaviary Transport Agency

Art. 27. It's up to the ANTAQ, in its sphere of acting:

I-promote specific demand studies of aquaviary transport and port services;

II-promote studies applied to the definitions of tariffs, prices and freight, in confrontation with the costs and the economic benefits transferred to users by the realized investments;

III-propose to the Ministry of Transport the general plan of outorgas from the exploitation of the aquavian and port infrastructure and of provision of transport services aquaviary;

IV-elaborate and edit standards and regulations regarding the provision of services of transport and the exploitation of the aquavian and port infrastructure, ensuring isonomics in their access and use, ensuring the rights of the users and fostering competition among operators;

V-celebrate acts of permission outorga or authorization to provide transport services by the companies of river navigation, lacustre, of crossing, of maritime support, of port support, of cabotage and of long-haul, observed the provisions of the art. 13 and 14, managing the respective contracts and too many administrative instruments:

VI- to gather, under his administration, the instruments of outorga for exploration of infrastructure and provision of aquaviary transport services concluded before the effective of this Act, resguarding the rights of the parties;

VII-control, follow up and proceed to review and tariff readjustment, in the public service cases of transport of passengers, setting them and homoloing them, in obedience to the guidelines formulated by the Minister of State for Transport, after prior communication to the Ministry of Finance;

VIII-promoting studies aferent to the composition of the Brazilian merchant fleet and to the practice of afflictions of vessels, to subsidize government decisions as to the policy of supporting the shipbuilding and affreation industry of foreign vessels;

IX-(VETADO)

X- represent Brazil together with international shipping bodies and in conventions, agreements and treaties on aquaviary transport, observed the guidelines of the Minister of State for Transport and the specific tasks of the remaining organs marshals;

XI-(VETADO)

XII-overseeing the participation of Brazilian and foreign companies in long-haul shipping, in fulfillment to the treaties, conventions, agreements and other international instruments from which Brazil is a signatory;

XIII-(VETADO)

XIV -to establish standards and standards to be observed by the port authorities, pursuant to Law No. 8,630, of February 25, 1993;

XV-publish the editions, judge the tenders and enter into the concession contracts for operation of the ports organized in obedience to the provisions of Law No. 8,630, 25 of February 1993;

XVI-comply and enforce the clauses and conditions avenues in the concession contracts as to the maintenance and reposition of the goods and equipment reversible to the Union and leased in the terms of the inciso I of the art. 4 ° of Law No. 8,630 of February 25, 1993;

XVII-authorize projects and investments within the framework of the established outorts, forwarding to the Minister of State for Transport; if it is the case, proposals for declaration of public utility for the fulfillment of the provisions of the inciso V of the art. 15;

XVIII-(VETADO)

XIX-establish standards and technical standards concerning the aquaviary transport operations of special loads and dangerous;

XX-draw up its budget and carry out the respective financial implementation.

§ 1º In the exercise of your assignments to ANTAQ you can:

I-firming arrangements of technical and administrative cooperation with organs and entities of the Federal Public Administration, of the States, the Federal District and the Municipalities, with a view to decentralization and efficient surveillance of outorleys;

II-participate in international forums, under the coordination of the Ministry of Transport.

§ 2 ° The ANTAQ will observe the specific prerogatives of the Navy Command and act under its guidance on Merchant Navy matters that matter to the national defense, to the safety of aquavian navigation and the safeguarding of human life at sea, and it should be consulted when the establishment of safety standards and procedures that have repercussions on the economic and operational aspects of the provision of services of aquaviary transport.

§ 3 ° The Chairman of the Board of Port Authority, as referred to in paragraph a of the inciso I do art. 31 of Law No. 8,630 of February 25, 1993, will be indicated by the ANTAQ and shall represent it in each organized port.

§ 4 ° The degree of appeal referred to in § 2 ° of the art. 5 ° of Law No. 8,630 of February 25, 1993, passes to be attributed to the ANTAQ.

SECTION IV

From the Procedures and Control of Outorgas

SUBSECTION I

From the General Norms

Art. 28. ANTT and ANTAQ, in their respective spheres of acting, will adopt the norms and procedures set forth in this Act for the different forms of outorga provided for in the arts. 13 and 14, aiming at that:

I-the exploration of the infrastructure and the provision of services of transport if they exercise properly, meeting the conditions of regularity, efficiency, safety, actuality, generality, courtesy in the provision of the service, and modicity in the fares;

II-the instruments of granting or permission are preceded by public bidding and concluded in compliance with the principle of free competition among the capacitated for the exercise of the outorgas, in the manner provided for in the inciso I, clearly defining:

a) (VETADO)

b) maximum tariff limits and the conditions for readjustment and revision;

c) payment by the value of the outorts and government shareholdings, when it is the case.

Art. 29. Only they will be able to obtain permission, concession or permission for provision of services and for the exploitation of the domestic transport infrastructures by the aquavian and terrestrial means the companies or entities constituted under the Brazilian laws, with seat and administration in the Country, and which meet the technical, economic and legal requirements established by the respective Agency.

Art. 30. The transfer of the title of the permission, concession or permission is allowed, preserving its object and the contractual conditions, provided that the new holder meets the requirements referred to in art. 29.

§ 1 ° The transfer of the title of the outorga may only occur upon preview and express permission of the respective Regulatory Agency, noted the provisions of paragraph (b of the inciso II of the art. 20.

§ 2 ° For the fulfillment of the provisions of the caput and in § 1 °, they will also considered as a transfer of title to the societal transformations arising from spin-off, merger, incorporation and consortium formation of dealerships, permissionaries or authoritation.

Art. 31. The Agency, by taking notice of a fact that set up or may set up infraction of the economic order, should communicate it to the Administrative Council of Economic Defense-CADE, to the Economic Law Office of the Ministry of Justice or to the Secretariat of Economic Monitoring of the Ministry of Finance, as the case.

Art. 32. The Agencies will accompany the activities of the foreign operators active in international transport with Brazil, aiming to identify operational practices, legislations and procedures, adopted in other countries, which restrict or conflict with international regulations and agreements firmed up by Brazil.

§ 1 ° For the purposes of the disposed of the caput, the Agency will be able to request clarifications and information and, yet, quote the agents and legal representatives of the operators that are under analysis.

§ 2 ° Identified the existence of legislation, procedure, or practice detrimental to national interests, the Agency will instruct the respective process and propose, or apply, as the case, sanctions, in the format.foreseen in Brazilian legislation and in the international regulations and agreements.

Art. 33. The acts of permission, granting or permission to be edited and entered into by ANTT and ANTAQ shall comply with the provisions of Law No. ­8.987 of February 13, 1995 in subsections II, III, IV and V of this Section and in the regulations supplementary to be edited by the Agencies.

SUBSECTION II

Das Concessions

Art. 34. (VETADO)

Art. 35. The concession contract should faithfully reflect the conditions of the edital and the winning proposition and will have as essential clauses as relating to:

I-definitions of the object of the grant;

II-term limit of the grant and conditions for its extension;

III-mode, shape and conditions of exploitation of the infrastructure and the provision of services, including for the safety of populations and the preservation of the environment;

IV-duties relating to the exploitation of the infrastructure and provision of the services, including the work programs, the volume of investments and the timetables of execution;

V- obligations of dealers as to government shareholdings and value due to outorga, if it is the case;

VI-guarantees to be provided by the concessionaire as to the fulfillment of the contract, including as to the realization of the adjusted investments;

VII-tariffs;

VIII-criteria for readjustment and revision of the tariffs;

IX-supplemental or ancillary recipes and revenues from associated projects;

X-rights, guarantees and obligations of the users, the Agency and the concessionaire;

XI-criteria for reversibility of assets;

XII-procedures and responsibilities relating to the declaration of public utility, for the purposes of misappropriation or institution of servitude, of immovable property required by the provision of the service or execution of public work;

XIII-procedures for follow up and monitoring of the activities granted and for auditing the contract;

XIV-compulsion of the concessionaire providing the Agency with reports, data and information regarding the developed activities;

XV-procedures related to the transfer of the title of the contract, as per the provisions of the art. 30;

XVI-rules on the solution of controversies related to the contract and its execution, inclusive of conciliation and arbitration;

XVII-warning penalties, fine and suspension of the term of the contract and rules for its application, depending on the nature, severity and recidivism of the infraction;

XVIII-cases of termination, expiry, cassation, cancellation and extinction of the contract, of intervention or encamption, and cases of declaration of inidoneity.

§ 1 ° The criteria for revision of the tariffs to which the inciso VIII of the caput are to be considered:

a) the aspects regarding the reduction or discount of tariffs;

b) the transfer to users of losses or economic gains arising from factors that affect costs and revenues and that do not depend on the performance and liability of the concessionaire.

§ 2 ° The sanction of fine referred to in the inciso XVII of the caput could be applied in isolation or in conjunction with other sanctions and will have values set out in regulation approved by the Directorate of the Agency, obeyed the limits provided for in legislation specific.

§ 3 ° The occurrence of serious infraction that implicate sanction provided for in the inciso XVIII of the caput will be ascertained in regular process, instituted in the form of the regulation, ensuring the preview and ample defence to the person concerned.

§ 4 ° The contract will be published by excerpt, in the Official Journal of the Union, as a condition of its effectiveness ..

Art. 36. (VETADO)

Art. 37. The contract will establish that the concessionaire will be obliged to:

I-adopt, in all its operations, the necessary measures for the conservation of natural resources, for the safety of people and equipment and for the preservation of the environment;

II-hold civilly for the acts of their prepostions and indemnify all and any damages arising from the contracted activities, owing to the Agency or the Union the onus that these come to bear in consequence of possible demands motivated by acts of liability of the concessionaire;

III-adopt the best practices of execution of projects and works and provision of services, second standards and pertinent technical and scientific procedures, using, wherever possible, equipment and processes recommended by the best technology applied to the sector.

SUBSECTION III

Das Permissions

Art. 38. The permissions to be heard by ANTT and ANTAQ will apply to the regular provision of ride-hailing services that are independent of the exploitation of the infrastructure used and have no exclusivity character along the routes travelled, and shall also be preceded by bidding governed by own regulation, approved by the Board of the Agency, and by the respective edict.

§ 1 ° The bidding edital will also comply with the prescriptions of § 1 ° and the incisos II to V of § 2 ° of the art. 34.

§ 2 ° The bidding of the bidding will necessarily indicate:

I-the object of the permit;

II-the term of duration and the conditions for extension of the permit;

III-the way, the shape and conditions of adjustment of the provision of services to the evolution of demand;

IV-the essential characteristics and the quality of the fleet to be used; and

V-the requirements of providing adequate services.

Art. 39. The permit contract should faithfully reflect the conditions of the edital and the winning proposal and will have as essential clauses as relating to:

I-object of the permit, defining the routes and itineraries;

II-term of duration and conditions for its prolongation;

III-mode, shape and conditions of provision of the services, depending on the evolution of demand;

IV-obligations of the permissionaries as to government shareholdings and value due by outorga, if at all;

V-tariffs;

VI-criteria for retuning and revision of tariffs;

VII-rights, guarantees and obligations of the users, the Agency and the permissionary;

VIII-procedures for follow-up and surveillance of allowable activities and for contract auditing;

IX-compulsion of the permissionary to provide the Agency with reports, data and information regarding activities developed;

X-procedures related to the transfer of the title of the contract, as per the provisions of the art. 30;

XI-rules on solution of controversies related to the contract and its execution, including conciliation and arbitration;

XII-warning penalties, fine and suspension of the term of the contract and rules for its application, depending on the nature, severity and recidivism of the infraction;

XIII-cases of termination, expiry, cassation, cancellation and extinction of the contract, of intervention or encamption, and cases of inidoncity declaration.

§ 1 ° The criteria to which refers to the inciso VI of the caput should consider:

a) the aspects concerning the reduction or discount of tariffs;

b) the transfer to users of losses or economic gains arising from factors that affect costs and revenues and that do not depend on the performance and liability of the concessionaire.

§ 2 ° The sanction of fine referred to the inciso XII of the caput could be applied in isolation or in conjunction with other sanctions and will have values set out in regulation approved by the Directorate of the Agency, obeyed the limits provided for in legislation specific.

§ 3 ° The occurrence of serious infraction that entails sanction provided for in the inciso XIII of the caput will be ascertained in regular process, instituted in the form of the regulation, ensuring the preview and ample defence to the person concerned.

§ 4 ° The contract will be published by excerpt, in the Official Journal of the Union, as a condition of its effectiveness.

Art. 40. (VETADO)

Art. 41. Depending on the demand developments, the Agency will be able to authorize the use of equipment of higher capacity and new frequencies and schedules, pursuant to the outwarded permission, as it establishes the inciso III of § 2 ° of the art. 38.

Single paragraph. (VETADO)

Art. 42. The contract will establish that the permissionary will be obliged to:

I-adopt, in all its operations, the necessary measures for the safety of people and equipment and for the preservation of the environment;

II-hold civilly for the acts of their prepostions and indemnify all and any damages arising from the contracted activities, owing to ressarcir to the Agency or the Union the burden that comes to bear in consequence of possible demands motivated by acts of responsibility of the permissionary;

III-adopt the best practices of service delivery, second relevant technical and scientific standards and procedures, using, where possible, equipment and processes recommended by the best technology applied to the sector.

SUBSECTION IV

Of The Authorizations

Art. 43. The authorisation applies in accordance with the guidelines set out in the arts. 13 and 14 and present the following characteristics:

I-independs on bidding;

II-is exercised in freedom of prices of services, tariffs and frets, and in free and open environment competition;

III-does not provide for term of term or final term, extinguishing itself by its full effectiveness, by renunciation, cancellation or cassation.

Art. 44. The authorisation will be disciplined in a regulation of its own by the Agency and will be heard upon term that will indicate:

I-the object of the authorization;

II-the conditions for its suitability for the purposes of listening to the public interest, to the safety of populations and to the preservation of the environment;

III-the conditions for nullification or cassation;

IV-the conditions for the transfer of its title, according to the provisions of the art. 30.

Art. 45. The prices of the authorized services will be free, reprimanding all practice detrimental to the competition, as well as the abuse of economic power, adopting in these cases the providences provided for in the art. 31.

Art. 46. The authorisations for the provision of international freight transport services shall comply with the provisions of treaties, conventions and other international instruments of which Brazil is a signatory, in the agreements between the respective countries and in the supplementary regulations of the Agencies.

Art. 47. The authorised company shall not be entitled to the permanence of the prevailing conditions when the hearing of the permit or the commencement of the activities, and shall observe the new conditions imposed by law and by the regulations, which shall fix it sufficient for adaptation.

Art. 48. In the event of loss of the conditions indispensable to the fulfilment of the object of the authorization, or of its irregular transfer, the Agency shall extinguish it by cassation.

Art. 49. It is made available to the Agency to authorize the provision of transport services subject to other forms of outorga, in special and emergency character.

§ 1 ° The authorization in emergency character will apply for maximum and imextensions of one hundred and eighty days, generating no rights for continuity of provision of the services.

§ 2 ° The freedom of prices referred to in art. 45 does not apply to the permit in an emergency character, subjecting itself to the authorised company, in that case, to the pricing regime established by the Agency for the remaining outorleys.

SUBSETION V

Of The Specific Standards for the Activities in Course

Art. 50. Companies which, on the date of the installation of ANTT or ANTAQ, are the holders of outorgas dispatched by federal public entities of the transport sector, will have, by means of new outoring instruments, their rights ratified and adapted to the that have the arts. 13 and 14.

Single paragraph. The new outorga instruments will be applied to the same objects from the previous outorts and will be governed, in what couber, by the general standards set forth in Subsections I, II, III and IV of this Section.

Art. 51. (VETADO)

SECTION V

From the Organizational Structure of Agencies

Art. 52. ANTT and ANTAQ will have Directorias acting on collegiate arrangements as maximum organs of their organizational structures, which they will also count on with an Attorney General, an Ouvidor and a Corregedor.

Art. 53. The ANTT Board will be comprised of one Director-General and four Directors and the ANTAQ Board will be composed of one Director-General and two Directors.

§ 1 ° The members of the Board will be Brazilians, of ilibated reputation, university formation and high concept in the field of specialty of the posts to be exercised, and will be appointed by the President of the Republic, after approval by the Federal Senate, under the terms of paragraph (f of the inciso III of the art. 52 of the Federal Constitution.

§ 2 ° The Director-General, shall be appointed by the President of the Republic among the members of the Board, and invested in the function by the deadline set in the act of appointment.

Art. 54. The members of the Board will fulfill four-year, non-coincidental mandates, admitted a redrive.

Paragraph single. In the event of vacancy in the course of the term of office, this shall be completed by the successor invested in the form provided for in § 1 ° of the art. 53.

Art. 55. To ensure the non-coincidence, the mandates of the first members of the ANTT Board will be two, three, four, five and six years, and the mandates of the first members of the ANTAQ Board of Directors will be two, three and four years, to be set out in the decree of appointment.

Art. 56. The members of the Board will lose the mandate by virtue of resignation, judicial conviction carried on trial, disciplinary administrative process, or manifest disfulfillment of their assignments.

Paragraph single. It is up to the Minister of State for Transport to institute the disciplinary administrative process, competing for the President of the Republic to determine the preventative removal, when it is the case, and to profer the judgment.

Art. 57. The members of the Directors of the Agencies are vaunted the exercise of any other professional, business, union, or partisan political-direction activity.

Art. 58. It is prevented from exercising direction in ANTT and the ANTAQ the person who maintains, or has maintained, in the twelve months prior to the start date of the term of office, one of the following links with company that explore any of the activities regulated by the respective Agency:

I-direct participation as a shareholder or partner;

II-administrator, manager, or member of the Fiscal Council;

III-employed, albeit with contract of suspended work inclusive of its parent institution, I of foundation of foresight that the company or its parent company is sponsor or custeer.

Paragraph single. It is also barred from exercising direction the board member or board of association, regional or national, representative of employers ' or labor interests linked to the activities regulated by the respective Agency.

Art. 59. Until one year after leaving office, it is vehemented to the former Director to represent any person or interest before the Agency from whose Board has participated.

Paragraph single. It is vehemented, still, to the former Director to use privileged information, obtained due to the post exercised, under penalty of incurring administrative improbation.

Art. 60. It is incumbent upon the Board to exercise the assignments and to respond for the duties that are conferred by this Act to the respective Agency.

Paragraph single. The Board will approve, the internal regiment of the Agency.

Art. 61. It is up to the Director-General's representation of the Agency and the hierarchical command on personnel and services, exercising the coordination of administrative powers, as well as the chairmanship of the Board meetings.

Art. 62. It is incumbent upon the Attorney General to exercise the judicial representation of the respective Agency, with the procedural prerogatives of the Public Farm.

Paragraph single. The Attorney General should be a Bachelor of Law with experience in the effective exercise of advocacy and will be appointed by the President of the Republic, met the legal prerequisites and the normative instructions of Advocate General of the Union.

Art. 63. The Ouvidor will be appointed by the President of the Republic, for a term of three years, admitted a redrive.

Paragraph single. Are attributions of the Ouvidor:

I-receive requests for information, clarifications and complaints affection to the respective Agency, and directly respond to those concerned;

II- produce semestically, or when the Board of the Agency judges timely, circumstantial reporting of its activities.

Art. 64. The Internal Affairs competes to scrutinize the functional activities of the respective Agency and the establishment of administrative and disciplinary proceedings, excepted the provisions of the art. 56.

Single paragraph. The Corregors will be appointed by the President of the Republic.

Art. 65. (VETADO)

SECTION VI

From the Decisional Process of the Agencies

Art. 66. The decision-making process of ANTT and ANTAQ will comply with the principles of legality, impersonation, morality and publicity.

Art. 67. The decisions of the Directors will be taken by the vote of the absolute majority of its members, by the Directors of the General Director the quality vote, and will be recorded in minutes that will become available for general knowledge, along with the documents that the instruct.

Single paragraph. When advertising puts at risk the security of the Country, or violating protected secrecy, the corresponding records will be kept in secrecy.

Art. 68. The initiatives of law projects, changes of administrative norms and decisions of the Board for resolution of pendency that affect the rights of economic agents or users of transportation services will be preceded by hearing public.

§ 1 ° In the invalidation of acts and contracts, the demonstration will be previously guaranteed of those interested.

§ 2 ° The normative acts of the Agencies will only produce effects after publication in the Official Journal, and those of particular range, after the corresponding notification.

§ 3 ° Any person, as long as it is an interested party, shall have the right to petition or to appeal against acts of the Agencies, within a maximum of thirty days of their officiating, observed the provisions of regulation.

SECTION VII

From the Personnel Frames

Art. 69. ANTT and ANTAQ will have their working relationships governed by the Decree-Amendment Law No. 5,452, 1 ° May 1943-Consolidation of Labor Laws, and legislation correlates, in public employment arrangements.

Art. 70. To constitute the effective staffing and commissioning cadres of ANTT, and ANTAQ, they are created:

I-the top-level public jobs of Regulator and Regulatory Support Analyst;

II-the medium-level public jobs of Technician in Regulation and Regulatory Support Technician;

III-the top level effective positions of Prosecutor;

IV-the Commissioned Cargos of Direction-CD, of Executive Management-CGE, of Advisory-CA and of Assistance- CAS;

V-the Technical Comissioned Charges-CCT.

§ 1 ° The quantitative of public jobs, effective posts, and the different levels of positions commissioned from the ANTT and the ANTAQ are established in the Tables I, II, III and IV of Annex I to this Act.

§ 2 ° The salary limits for the top-level and middle-level public jobs of ANTT and ANTAQ are set out in Table VII of Annex I of this Act.

§ 3 ° It is vetted to the employees, the requisitioned, the occupiers of commissioned positions and the leaders of the Agencies the regular exercise of other professional activity, including operational management of company or political-party direction, excepted cases admitted into law.

Art. 71. The investiture in the public jobs of the effective personnel framework of ANTT and ANTAQ will be given by means of public tender of evidence or evidence and securities, as disposed of in the respective regiments.

§ 1 ° The public contest could be carried out for effective proofing of personnel in distinct classes of a same public employment, as per the budget and vacancy availability.

§ 2 ° May still do part of the contest, for eliminatory and classificatory effect, specific training course.

Art. 72. The Commissioned Positions of Executive Management, Advisory and Assistance are for free appointment and exoneration of the Board of the Agency.

Art. 73. The occupants of the Commissioned Cargos to which the inciso IV of the art is concerned. 70, even when requisitioned from other organs or entities of the Public Administration, will receive remuneration as per Table V of Annex I.

Paragraph single. Occupants of the posts referred to in caput will be able to choose to receive the remuneration of their effective post or permanent employment at the home organ, plus the additional remunerative value corresponding to:

I-parcel regarding the difference between the remuneration of your effective job title or permanent employment of origin and the value remunerative of the office exercised at the Agency; or

II-twenty five percent of the remuneration of the post exercised at the Agency, to the Commissioned Letters of Direction, Executive Management and Advisory at the CA I and CA II levels, and fifty five percent of the remuneration of the Commissioned Cargos of Assessoria, at the CA III level, and those of Assistance.

Art. 74. The Technical Commissioned Positions to which the inciso V of the art is concerned. 70 are of private occupancy of employees of the Effective Personnel Framework and the Specific and Extinction Personnel Frames of which they treat the arts. 113 and 114 and of requisitioned from other organs and entities of the Public Administration.

Paragraph single. To the occupant. of Cargo Comissioned Technical will be paid an increased value to the salary or salary, as per Table VI of Annex I of this Act.

Art. 75. The Ministry of Planning, Budget and Management will disclose, within thirty days of the date of publication of this Act, table setting out the equivalences between the Commissioned Cargos and Technical Commissioned Posts provided in the Tables II and IV of Annex I and the Cargos in Commission of the Group Direction and Higher-DAS Advisory Group, for the purpose of application of specific legislations concerning the perception of advantages, of remunerative character or not, by servers or employees public.

Art. 76. In the terms of the inciso IX of the art. 37 of the Constitution, stay the ANTT and the ANTAQ authorized to make temporary contracting, by non-surplus time to thirty-six months, of the technical staff required to exercise their institutional assignments.

§ 1 ° For the purposes of the provisions of the caput, temporary needs of exceptional interest are considered public the activities regarding the implementation, monitoring and evaluation of projects and programs of finalistic character in the transport area, which are indispensable to the deployment and the actuation of the Agency.

§ 2 ° Temporary hires, as well as the form and levels of remuneration, will be regulated by the internal regiment of the Agency.

SECTION VIII

Das Revenue and the Budget

Art. 77. They constitute revenue of ANTT and the ANTAQ:

I-appropriations, special credits, transfers and re-passes that are consigned to the General Budget of the Union for each Agency;

II-resources coming from the instruments of outorgas and leases administered by the respective Agency;

III-the products of the fundraisers and surveillance of the provision of services and exploitation of infrastructure assigned to each Agency;

IV-resources coming from agreements, convents and contracts, inclusive of those concerning, the provision of technical services and provision of publications, technical material, data and information;

V- the proceeds of the fundings of each Agency, arising from the collection of emoluments and fines;

VI-other revenues, including those resulting from rent or disposal of goods, of the application of heritage values, of credit operations, of donations, legacies and grants.

§ 1 ° (VETADO)

§ 2 ° (VETADO)

Art. 78. ANTT and ANTAQ will submit to the Ministry of Transport their annual budget proposals, pursuant to the legislation in force.

Paragraph single. The annual financial surplus ascertained by ANTT or the ANTAQ, concerning the incisos II to V of the art. 77, shall be incorporated into the respective budget of the following financial year in accordance with Law No. 4,320 of March 17, 1964, not applying for the provisions of the art. 1 ° of Law No. 9,530 of December 10, 1997, and may be used in the costing of maintenance and operation expenses of both Agencies, in projects of studies and research in the field of transport, or in the execution of infrastructure projects in charge of the DNIT, provided that duly scheduled in the General Budget of the Union.

CHAPTER VII

OF THE NATIONAL DEPARTMENT OF INFRASTRUCTURE OF

TRANSPORTS-DNIT

SECTION I

From the Institution, dos Goals and the Attributions

Art. 79. It is created the National Transportation Infrastructure Department -DNIT, legal person of public law, submitted to the municipality regime, bound by the Ministry of Transport.

Paragraph single. The DNIT will have headquarters and venue in the Federal District, and may install regional administrative units.

Art. 80. It constitutes the objective of the DNIT to implement, in its sphere of acting, the policy formulated for the administration of the infrastructure of the Federal Travel System, understanding its operation, maintenance, restoration or reposition, suitability of capacity, and magnification upon construction of new pathways and terminals, according to the principles and guidelines set forth in this Law.

Art. 81. The sphere of acting of the DNIT corresponds to the infrastructure of the Federal Travel System, under the jurisdiction of the Ministry of Transport, constituted of:

I-vias navigable;

II-railroads and federal highways;

III-installations and transshipment and intermodal interface pathways;

IV-port facilities.

Art. 82. Are assignments of the DNT, in its sphere of acting:

I-establish standards, norms and technical specifications for operational safety programs, signalling, maintenance or conservation, restoration or repose of pathways, terminals and installations;

II-establish standards, standards and technical specifications for the elaboration of projects and execution of living works-s;

III-provide the Ministry of Transport with information and data to subsidize the formulation of the general plans of outorga and delegation of the segments of the viaria structure;

IV-administer, directly or through delegation or cooperation arrangements, the programs of operation, maintenance, conservation, restoration and reposition of highways, railroads, waterways, terminals and port facilities;

V-manage, directly or through delegation or cooperation convemuses, projects and construction works and extension of highways, railways, waterways, terminals and port facilities, arising from investments programmed by the Ministry of Transport and authorized by the General Budget of the Union;

VI-participate in loan negotiations with public and private entities, national and international, to funding for programs, projects and works of their competence, under the coordination of the Ministry of Transport;

VII-carry out research and technological development programs, promoting technical cooperation with public and private entities;

VIII-firming arrangements, agreements, contracts and too many legal instruments, in the exercise of their attributions;

IX-declare the public usefulness of goods and properties to be misappropriated for implantation of the Federal Travel System;

X-draw up your budget and carry out the implementation financial;

XI-acquire and alienate goods, adopting the appropriate legal procedures for effect their incorporation and disincorporation;

XII-managing personnel, heritage, material and general services.

§ 1 ° The assignments to which the caput refers do not apply to the elements of the infrastructure granted or leased by the ANTT and the ANTAQ, to the exception of the competences expressed in the art. 21 of Law No. 9,503, of September 23, 1997-Brazilian Transit Code, which will always be exercised by the DNIT, directly or upon delegation's arrangements.

§ 2 ° In the exercise of the assignments provided for in the incisos IV and V and relating to waterways and port facilities, the DNIT will observe the specified prerogatives of the Command of the Navy.

SECTION II

Das Contratations and Control

Art. 83. In the hiring of programs, projects and works arising from the direct exercise of the assignments foreseen in the incisos IV and V of the art. 82, the DNIT should ensure compliance with good competition standards by making the procedures for the disclosure of editions, judgment of tenders and conclusion of contracts if they proceed in faithful obedience to the precepts of the legislation behold, revealing transparency and fomenting competition, in defense of the public interest.

Paragraph single. The DNTT will scrutinise the fulfillment of contractual conditions, as to the technical specifications, the prices and their readjustments, the deadlines and timetables, for the control of the quality, costs and the economic return of investments.

Art. 84. In the exercise of the assignments provided for in the incisos IV and V of the art. 82, the DNIT will be able to firm up delegation or cooperation arrangements with bodies and entities of the Federal Public Administration, the states, the Federal District and the Municipalities, seeking the decentralization and efficient management of the programs and projects.

§ 1 ° Congeniums should contain commitment to compliance, by the entities deputies, of the principles and guidelines set forth in this Act, particularly as to the precepts of art. 83.

§ 2 ° The DNIT shall supervise the delegation's arrangements, and may declare them extinguished, to the check out the defulfillment of your goals and precepts.

SECTION III

From The Organizational Structure of the DNIT

Art. 85. The DNIT will be directed by a Board of Directors and a Board made up of one Director-General and four Directors.

Paragraph single. (VETADO)

Art. 86. It is incumbent upon the Board of Directors:

I-approve the internal regiment of the DNIT;

II-define parameters and criteria for elaboration of the work plans and programs and of investments of the DNIT, in compliance with the guidelines and priorities set out in the terms of the inciso II of the art. 15;

III-approve and supervise the implementation of the plans and programmes to which the inciso previous.

Single paragraph. (VETADO)

Art. 87. Will behave the Board of Directors of the DNIT:

I-the Chief Executive of the Ministry of the Transport;

II? your Director-General;

III-two representatives of the Ministry of Transport;

IV-a representative of the Ministry of Planning, Budget, and Management;

V-a representative of the Ministry of Finance.

§ 1 ° The chair of the DNIT's Board of Directors will be exercised by the Chief Executive of the Ministry of Transport.

§ 2 ° The participation as a member of the Board of Directors of DNIT no will pay for remuneration of any species.

Art. 88. The Directors should be Brazilians, have moral idoneity and an ilibated reputation, university formation, professional experience compatible with the DNIT's goals, assignments and competencies and high concept in the field of their specialties, and will be nominated by the Minister of State for Transport and appointed by the President of the Republic.

Art. 89. Compete for the DNIT Board:

I-(VETADO)

II-edit standards and technical specifications on matters of the competence of DNIT;

III-approve editions of bidding and homologation awards;

IV-authorize the celebration of conventials, agreements, contracts and too many legal instruments;

V-resolve on the acquisition and disposal of goods;

VI -authorizes the hiring of third-party services.

§ 1 ° It is up to the Director-General the representation of DNIT and the hierarchical command on personnel and services, exercising the coordination of administrative skills as well as the chairmanship of the meetings of the Board.

§ 2 ° The decision-making process of the DNIT will comply with the principles of legality, impersonation, morality and publicity.

§ 3 ° The decisions of the Board will be taken by the vote of the absolute majority of its members, by fit to the Director-General the quality vote, and will be recorded in minutes that will become available for general knowledge, along with the documents that instruct them.

Art. 90. The DNIT's Attorney General is to be a Bachelor of Law with experience in the effective exercise of the law, will be appointed by the Minister of State for Transport and appointed by the President of the Republic, met the legal prerequisites and the normative statements from the Advocate General of the Union.

§ 1 ° (VETADO)

§ 2 ° (VETADO)

Art. 91. The Ouvidor will be appointed by the Minister of State for Transport and appointed by the President of the Republic.

Paragraph single. (VETADO)

I-(VETADO)

II-(VETADO)

Art. 92. The DNIT's Internal Affairs competes to scrutinize functional activities and the setting up of administrative and disciplinary processes.

§ 1 ° The Corregedor will be appointed by the Minister of State for Transport and appointed by the President of the Republic.

§ 2 ° The introduction of administrative and disciplinary proceedings concerning acts of the Board or its members will be of the competence of the Minister of State for Transport.

SECTION IV

From the DNIT Personnel Frame

Art. 93. The DNIT will have its working relationships governed by the Decree-Law No. 5,452, 1º May 1943-Consolidation of Labor Laws, and legislation correlates, in public employment arrangements.

Paragraph single. The investiture in the public jobs of the effective staffing framework of the DNIT will give itself through public tender, in the terms set forth in the art. 71.

Art. 94. To constitute the cadres of effective personnel and commissioned positions of the DNIT, they are created:

I-the top-level public jobs of Transportation Specialist in Transportation Infrastructure;

II-the medium-level public jobs of Technician in Transportation Infrastructure and Technical Support in Support of Transportation Infrastructure;

III-(VETADO)

§ 1 ° The quantitative of the public jobs and the commissioned posts of the DNIT are related in the Tables I and II of Annex II of this Law.

§ 2 ° The salary limits for the top-level and middle-level public jobs of the DNIT are set in the Table III of Annex II of this Law.

§ 3 ° The posts in committee of the Direction and Advising Group Superior-DAS and Gratified Functions-FG, for filling of positions of direction and advising of the DNIT are envisaged within the framework of the organizational structure of the Presidency of the Republic and of the Ministries.

§ 4 ° It is vetted to the employees, the requisitioned, the occupiers of commissioned office and the leaders of the DNIT o regular exercise of other professional activity, inclusive of company operational management or political-party direction, excepted the cases admitted into law.

Art. 95. (VETADO)

Art. 96. In the terms of the inciso IX of the art. 37 of the Constitution, stands the DNIT authorized to make temporary contracting, by non-surplus to thirty-six months, of the technical staff required to exercise its institutional assignments

§ 1 ° For the purposes of the provisions of the caput, are considered temporary needs of exceptional interest public the activities of the activities concerning the implementation, monitoring and evaluation of projects and programs of the finalistic character in the transport area, which are indispensable to the implantation and actuation of the DNIT.

§ 2 ° (VETADO).

SECTION V

Of The Recipes and the Budget

Art. 97. They constitute revenues of the DNIT:

I-appropriations consigned to the General Budget of the Union, special credits, transfers and repasses;

II-remuneration for the provision of services;

III-resources coming from agreements, arrangements, and contracts;

IV-product of the collection of emoluments, fees, and fines;

V-other recipes, inclusive of those resulting from the disposal of goods and the application of heritage values, operations of credit, donations, legacies and grants.

Art. 98. The DNIT will annually submit to the Ministry of Transport its budget proposal, under the current legislation.

CHAPTER VIII

PROVISIONS TRANSIENT, GENERAL AND FINAL

SECTION I

From the organs Installation

Art. 99. The Executive Power will promote the installation of the CONIT, ANTT, ANTAQ and the DNIT, upon the approval of its regulations and its regimental structures, in up to ninety days, counted from the date of publication of this Law.

Paragraph single. The publication of the regulations and regimental structures will mark the installation of the organs referred to in the caput and the beginning of the exercise of their respective assignments.

Art. 100. It is the Executive Power authorized to carry out the expenditure and investments necessary for the deployment of ANTT, ANTAQ and DNIT, and may reapply, transfer and use resources of budget allocations and budget balances pertinent to the Ministry of Transport.

Art. 101. Decree of the President of the Republic shall rearrange the administrative structure of the Ministry of Transport, upon a proposal from the respective Minister of State, depending on the transfers of assignments instituted by this Law.

SECTION II

From Extinction and Dissolution of Organs

Art. 102. (VETADO)

Art. 103. The Brazilian Company of Urban Trains-CBTU and the Urban Transport Company of Porto Alegre S.A. TRENSURB will transfer to the States and Municipalities the administration of urban and metropolitan rail transport, as per provisions of Law No. 8,693 of August 3, 1993.

Single paragraph. In the exercise of the assignments referred to in the incisos V and VI of the art. 25, ANTT shall coordinate the agreements to be concluded between the tenant concessionaires of the railway fabrics and the successor companies of the CBTU, in each State or Municipality, to regulate the rights of passage and the investment plans, in common areas, so as to ensure the continuity and expansion of passenger rail services and loads in metropolitan regions.

Art. 104. Serviced the provisions in the caput of the art. 103, will dissolve the CBTU, in the form of the provisions of § 6 ° of the art. 3 ° of Law No. 8,693, of August 3, 1993.

Single paragraph. The CBTU assignments that have not been absorbed by the states and Municipalities will be transferred to ANTT or to the DNIT, as per its nature.

Art. 105. Stands the Executive Power authorized to promote the Transfer of the Social Service's activities of the Iron Roads-SESEF to autonomous social service entities or the private sector with congenital acting.

Art. 106. (VETADO)

Art. 107. (VETADO)

Art. 108. For fulfillment of your assignments, particularly with regard to the inciso VI of the art. 24 and to the inciso VI of the art. 27, will be transferred to ANTT or to the ANTAQ, as it is for land or aquaviary transport, contracts and technical arrangements, including records, data and information, held by organs and entities of the Ministry of Transport in charge, until the duration of this Act, the regulation of the provision of services and the exploitation of the infrastructure of transport.

Paragraph single. Exclude from the provisions of the caput the contracts firmed up by the Porteary Authorities within each organized port.

Art. 109. For the fulfillment of their assignments, they will be transferred to the DNIT the contracts, the arrangements and the technical os.acervos, including records, data and information held by organs of the Ministry of Transport and concerning direct administration or delegate of programs, projects and works pertinent to the infra-structure viaria:

Para. single. They are transferred to the DNIT the functions of the hydroviary research organ of the Doctoral Company of Rio de Janeiro-CDRJ, and the functions of the hydroviary administrations linked to the Doctoral Companies, together with the respective technical arrangements and bibliographies, goods and equipment used in their activities.

Art. 110. (VETADO)

Art. 111. (VETADO)

SECTION III

From the requisitions and Personnel Transfers

Art. 112. (VETADO)

Art. 113. Specific Staff tables are created at the ANTT, ANTAQ and the DNIT, with the purpose of absorbing servers from the Single Legal Regime, the staff cadres of the National Department of Rhode Roads-DNER and the Ministry of the Transport.

Single paragraph. (VETADO)

Art. 114. (VETADO)

Art. 115. The Specific and the Extinction Personnel tables, of which they treat the arts. 113 and 114, add to the quantitative of requisitioned servers or employees, will not be able to overtake the general staff boards of ANTT, ANTAQ and DNIT.

§ 1 ° As they go extinct the posts or jobs of which they treat the arts. 113 and 114, the filling of personnel jobs concurred in the effective personnel tables of each entity.

§ 2 ° If the quantitative of the specific and in Extinction frames, increased from the requisitioned, are less than the effective staffing framework, it is provided to each entity to fulfillment of contest to fill in the surplus jobs.

Art. 116. (VETADO)

SECTION V

Das Responsibility about Inactive and Pensionists

Art. 117. It becomes transferred, to the Ministry of Transport the responsibility for the payment of the inactive and pensioners coming from the DNER, kept the salaries, rights and advantages acquired.

Paragraph single. The Ministry of Transport will use the regional units of the DNIT for the exercise of the administrative measures arising from the provisions of the caput.

Art. 118. They are transferred from the RFFSA to the Ministry of Transport:

I-the management of the retirement supplementation instituted peta Law No. 8,186, of May 21, 1991; and

II- the liability for the payment of the parcel under the charge, of the Union concerning the inactivity and too much rights of which they treat Law No. 2,061, of April 13, 1953, of the State of Rio Grande do Sul and the Term of Agreement on the conditions of reversal of the Férrea Viaction from Rio Grande do Sul to the Union, passed by Law No. 3,887, of February 8, 1961.

§ 1 ° The remuneration parity provided for in the legislation cited in the incisors I and II will have as reference the remunerative values perceived by the employees of the RFFSA who come to be absorbed by ANTT, as it establishes art. 114.

§ 2 ° The Ministry of Transport will use the regional units of the DNIT for the exercise of the administrative measures arising from the provisions of the caput.

Art. 119. Stay the ANTT, the ANTAQ and the DNIT authorized to act as sponsors of the GEIPREV Institute of Social Security, of the Social Security Railway Network Foundation-REFER and the Portus-Social Security Institution, in the condition of successors of the entities to which the employees were bound to absorb, pursuant to the art. 114, observed the parity requirement between the contribution of the sponsor and the contribution of the participant.

Paragraph single. The willing in the caput applies solely to the absorbed employees, whose set will constitute closed mass.

SECTION V

Provisions General and Finals

Art. 120. (VETADO)

Art. 121. ANTT, ANTAQ and the DNIT will implement, within the maximum of two years, counted from your institution:

I-specific performance evaluation instrument, establishing standardized criteria for measurement of the performance of its employees;

II-permanent program of capacity-building, training, and development; and

III-own regulation, disposing of the structuring, classification, distribution of vacancies, and requirements of the public jobs, as well as on the criteria for progression of their employees.

§ 1 °A progression of employees in their respective public jobs will be based on the results obtained in the performance evaluation, capacity-building and functional qualification processes, aiming at the recognition of functional merit and the optimization of the potential individual, as disposed of by each Agency's own regulation.

§ 2 ° It is vetted to progression of the public employment occupant of ANTT and ANTAQ, before completing one year of effective exercise in employment.

Art. 122. ANTT, ANTAQ and DNIT will be able to hire specialists or specialist companies, including independent consultants and external auditors, for the execution of technical work by projects or by specified deadlines, pursuant to the legislation in vigour.

Art. 123. The provisions of this Act do not achieve acquired rights, as well as not invalidate legal acts practiced by any of the entities of the direct or indirectly affected Federal Public Administration, which will be adjusted, in what couber, to the new provisions in force.

Art. 124. This Law comes into effect on the date of its publication.

Brasilia, June 5, 2001; 180 ° of Independence and 113 ° of the Republic.

FERNANDO HENRIQUE CARDOSO

José Gregori

Geraldo Magela of the Cross Quinton

Pedro Malan

Eliseu Padilha

Alcides Lopes Tápias

Martus Tavares

Roberto Brant

ANNEX I

TABLE I

Agency National Terrestrial Transport-ANTT

Effective Staff Framework

EMPLOYMENT	QUANTITY
1-EPNS-LEVEL PUBLIC EMPLOYMENT TOP
Regulator	589
Regulatory Support Analyst	107
SUBTOTAL	696
2-EPNM-PUBLIC EMPLOYMENT OF AVERAGE LEVEL
Technician in Regulation	861
Regulatory Support Technician	151
SUBTOTAL	1.012
	1,708
3- EFFECTIVE OFFICE OF ATTORNEY
Prosecutor	51

TABLE II

National Terrestrial Transportation Agency-ANTT

Commissioned Cargs Table

1-POSTS DIRECTION COMMISSIONING
CD I	1
CD II	4
SUBTOTAL	5
2-COMMISSIONED POSTS OF EXECUTIVE MANAGEMENT
CGE I	6
CGE II	15
CGE III	41
SUBTOTAL	62
3- COMMISSIONED POSITIONS OF ADVICE
CA I	13
CA II	4
CA III	6
SUBTOTAL	23
4-COMMISSIONED POSTS OF ASSISTANCE
CAS I	28
CAS II	28
SUBTOTAL	56
5- TECHNICAL COMMISSIONING POSTS
CCT I	100
CCT II	87
CCT III	67
CCT IV	53
CCT V	20
SUBTOTAL	337
	483

TABLE III

National Aquaviary Transport Agency-ANTAQ

Effective Staff Framework

EMPLOYMENT	QUANTITY
1-EPNS-HIGHER-LEVEL PUBLIC EMPLOYMENT
Regulator	129
Regulatory Support Analyst	53
SUBTOTAL	182
2? EPNM-MID-LEVEL PUBLIC EMPLOYMENT
Technician in Regulation	103
Technician of Throttling support	51
SUBTOTAL	154
	336
3? EFFECTIVE OFFICE OF ATTORNEY
Prosecutor	10

TABLE IV

National Aquaviary Transport Agency-ANTAQ

Commissioned Cargs Table

1? COMMISSIONED DIRECTING POSITIONS
CD I	1
CD II	2
SUBTOTAL	3
2? COMMISSIONED POSTS OF EXECUTIVE MANAGEMENT
CGE I	2
CGE II	7
CGE III	21
SUBTOTAL	30
3? COMMISSIONED POSITIONS OF ADVICE
CA I	7
CA II	4
CA III	2
SUBTOTAL	13
4? COMMISSIONED POSITIONS OF ASSISTANCE
CAS I	15
CAS II	6
SUBTOTAL	21
5? TECHNICAL COMMISSIONING POSTS
CCT I	24
CCT II	20
CCT III	15
CCT IV	10
CCT V	7
SUBTOTAL	76
	143

TABLE V

National Terrestrial Transportation Agency-ANTT and

National Aquaviary Transportation Agency? ANTAQ

Remuneration of the Commissioned Cars of Direction, Executive Management, Assessments and Assistance

COMMISSIONED POST	REMUNERATION (R$)
CD I	8.000,00
CD II	7,600.00
CGE I	7.200,00
CGE II	6.400,00
CGE III	6,000.00
CA I	6.400,00
CA II	6.000,00
CA III	1,800.00
CAS I	1.500,00
CAS II	1.300,00

TABLE VI

National Terrestrial Transport Agency-ANTT and

National Transportation Agency Aquaviaries-ANTAQ

Remuneration of the Technical Commissioned Charges

COMMISSIONED POST	ADDITIONAL REMUNERATED VALUE (R$)
CCT V	1,521.00
CCT IV	1.111,50
CCT III	669.50
CCT II	590.20
CCT I	522.60

TABLE VII

National Terrestrial Transportation Agency-ANTT and

National Transportation Agency Aquaviaries? ANTAQ

Limits of salaries for Public Jobs

LEVEL	MINIMUM VALUE (R$)	MAXIMUM VALUE (R$)
Superior	1,990.00	7.100,00
Medium	514.00	3.300,00

ANNEX II

TABLE I

National Department of Transportation Infrastructure- DNIT

Effective Personnel Frame

EMPLOYMENT	QUANTITY
1? EPNS-TOP-LEVEL PUBLIC EMPLOYMENT
Transportation Infrastructure Specialist	1.051
2? EPNM-MID-LEVEL PUBLIC EMPLOYMENT
Technical in Transportation Infrastructure	728
Technician in Transportation Infrastructure Support	850
SUBTOTAL	1.578
OVERALL TOTAL	2.629

TABLE II

(VETADO)

TABLE III

National Department of Transportation Infrastructure-DNIT

Limits of salaries for Public Jobs

LEVEL	MINIMUM VALUE (R$)	VALUE MAXIMUM (R$)
Superior	1,890.00	5.680,00
Medium	488.00	2.200,00

TABLE IV

(VETADO)