Decree No. 7651, Of 21 December 2011

Original Language Title: Decreto nº 7.651, de 21 de Dezembro de 2011

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Decree No. 7651, of 21 DECEMBER 2011 Regulates the general criteria and procedures to be followed for the functional progression and promotion of servers of the National Fund of development of education and the Careers of the Instituto Nacional de Estudos e Pesquisas Educacionais Anísio Teixeira, of the law n° 11357, of 19 October 2006.
The President of the REPUBLIC, in the use of the role that gives the art. 84, item IV of the Constitution, and in view of the provisions of arts. 40-A, § 2°, 47, 53-A, § 2°, and 61 of Act No. 11357, of 19 October 2006, D and C R E T a: Art. 1° this decree regulating the general criteria and procedures to be followed for the progression and promotion of occupants of offices of servers providing effective the following careers: I-Career financing and execution of Educational and career programs and projects of technical support the financing and execution of programs and educational projects of the National Education Development Fund – FNDE contemplated in art. 40 of the law n° 11357, of 19 October 2006; and II-research and development of Career information and Educational Assessments and technical support career educational information from the National Institute of Estudos e Pesquisas Educacionais Anísio Teixeira-INEP, contemplated in art. 53 of law No. 11357, 2006.
Art. 2° for the purposes of this Decree: I-merit professional progression-the change to the basic salary pattern immediately following, every eighteen months of effective exercise, subject to the qualification being assessed individual performance with a result greater than or equal to 70% of the maximum score from evaluations conducted since the last progression; and II-promotion for professional training-training class change resulting from obtaining certification in Server training program, compatible with the position held, with the area of operation of the server and with the minimum hours required, respected the interstice of 60 months, in accordance with the table set out in annex XVI-D of the law n° 11357, 2006 for the servers of FNDE, and in accordance with the table set out in Annex XXV of Act No. 11357, of 2006, to the servers of INEP.
Art. 3° the individual performance assessment applied for perception of the Performance bonus will be used for the purposes of performance evaluation for progression and promotion, in compliance with the provisions of Law n° 11784, September 2008, 22 of Decree n° 7133, 19 March 2010, what fits, and other requirements laid down in the respective legislations of the careers of the art. 1° regarding the progression and promotion, as well as the provisions of this Decree.
Art. 4° The specific procedures for progression and promotion will be established in the Act maximum leader of the entity to which the server is bound, according to the specific legislation of each career referred to in art. 1°.
Art. 5° the interstitial necessary for the progression and promotion will be computed in days from the date of entry into Office of the server in their Office.
Sole paragraph. The count of the interstitial for progression and promotion shall be suspended in the absences and departures from the server, except those considered by law n° 8112 of 11 December 1990 as of effective exercise, including for promotional purposes.
Art. 6° the entity to which the server is bound to implement permanent training program, training and development, intended to ensure the professionalization of the holders of the offices of members of the art. 1°.
Sole paragraph. The training and the qualification will observe the Annual Training Plan, which deals with the Decree No. 5707, of 23 February 2006, with the objective of improving the training of effective framework servers and the performance of the activities of each entity.
Art. 7° In case of removal regarded as of effective exercise, without prejudice to the remuneration, the server will receive the same score earlier in the performance evaluation for progression and promotion purposes, until it is processed its first evaluation after returning.
Sole paragraph. There will be no progression or promotion if you have not been previously assessment, even if under of removal regarded as of effective exercise.
Art. 8° for the purpose of calculation of minimum requirements for progression and promotion, it is not considered as experience time the period of removal of the server, in the forms provided for in law No. 8112 of 1990 for lato sensu postgraduate courses, master's degree or doctorate.
Art. 9° the server that does not remain in effective exercise in the same organizational unit or organ throughout the evaluation period will be evaluated by the evaluation unit in which has remained for longer.
Art. 10. The acts of concession of progression and promotion should be published, respectively, in Internal Bulletin of each entity to which the server is bound and in the Official Gazette, and will produce financial effects from the first day subsequent to the date on which the server there is completed the interstitial.
Art. 11. The framework of the occupants of the Office servers Careers in art. 1°, in the class corresponding to the training certifications that have, shall be done in compliance with the provisions on the tables in annexes XVI and XXV-A, of the law n° 11357, of 19 October 2006 respectively for FNDE and INEP.
Art. 12. For the purposes of the framework on training class of active servers, will be considered certificates of training courses compatible with the position held, with the area of operation of the server and with minimum hours required in accordance with the Tables in annexes XVI and XXV of Act No. 11357, 2006, obtained up to the date of publication of this Decree.
Sole paragraph. For the purposes of the framework on training class of retirees and the pension will be deemed the founders certified training courses obtained during the period of time that the server was active in the federal public service until the date on which the retirement or pension institution.
Art. 13. In compliance with the provisions of paragraph 2 of art. 40-and in § 2 of art. 53 of law No. 11357, from 2006, the servers in the art. 11 of this Decree will be framed in classes corresponding to training certifications that have, since the requirements below: I-Class I-qualification minimum requirement;
II-training Class II-training course with minimum hours of 120 hours and 60 months of effective exercise as it is the holder;
III-training Class III-training course with minimum hours to 150 hours and 120 months of effective exercise as it is the holder;
IV-IV-Training class perfectioning or training course with minimum hours exceeding 180 hours and 180 months of effective exercise as it is the holder; and V-V-Training class perfectioning or training course with minimum hours exceeding 210 hours and 240 months of effective exercise as it's holder.
Sole paragraph. For the servers holding top-level positions, completing successfully, provided regular student, isolated disciplines which have a direct relation with the activities inherent to the position effective, on-going master's and doctoral degrees recognized by the Ministry of education, can be considered as certified training program.
Art. 14. For the server framed in August 29 2008, Basic Maturity standards P01 to the P24 will be done in the same pattern of Basic Salary and training corresponding to the Class of certification training course that has, according to requirements set out in art. 13 and in accordance with the correlation Table in the annex to this Decree.
Sole paragraph. If the server has requirements beyond those required for framing in last training class corresponding to the basic salary pattern that is positioned, the framework will be made in the respective qualification grade standard, being prohibited, in any case, the change of pattern of basic salary.
Art. 15. For the purpose of framing training classes, in compliance with the criteria set out in annexes XVI and XXV of Act No. 11357, 2006, may not sum of hourly loads of training courses.
Art. 16. Will be established, within the FNDE and INEP, through the Act of the President of each entity to which the server is bound, framing Committee responsible for the implementation of the provisions of this Decree.
§ 1° the Commission referred to in the caput of this article shall be composed of Directors of organizational units of each entity and by members of his servers effective personal framework.
§ 2° the form of operation and indication of the members of the Commission are defined in Framework Act of the President of each entity.
§ 3° the result of work carried out by the Commission in the framework of the caput shall be object of approval by the President of each entity.
Art. 17. The server will have up to ten days from the date of publication of the framework acts, to appeal the Commission framework, which shall decide within ten days.

Sole paragraph. Dismissed the appeal by the Commission framework, the server may appeal to the President of the respective entity, that will decide ultimately.
Art. 18. Act of the maximum leader of each entity will have on the systematic training and specific functional qualification for Progression purposes for Professional Merit and Promotion for professional training of occupants of offices members of the careers of FNDE and INEP.
Art. 19. The development of the occupant of an Office Server Careers in art. 11 will be made solely by the change of class and maturity pattern, respectively, for Promotion by professional training or merit Professional Progression.
§ 1° planning and implementation of the training program for career development purposes may be executed directly by the INEP and FNDE or delegate to other public institutions by insurance.
§ 2° the server that does justice to the promotion for professional training will be positioned in the subsequent training class in winning immediately above the standard he held previously.
§ 3° For progression and promotion effect of caput, in compliance with the criteria set out in Annex XXV of XVID and law No. 11357, 2006, may not sum of hourly loads of training courses.
§ 4° As disciplined in Act of the maximum leader of each entity, to the servers holding top-level positions, completion, successfully provided regular student, isolated disciplines which have a direct relation with the activities inherent to the position, master and doctorate courses recognised by the Ministry of education, duly proven, can be considered as certified training program for promotion purposes for professional training.
§ 5° In interstitial score necessary to merit Professional Progression and promotion for qualification of the caput, will be harnessed the elapsed time since the last promotion or progression.
§ 6° For promotion purposes, each training event must be computed only once.
Art. 20. For the purpose of Progression for Professional Merit and Promotion for professional training, can be considered training events conducted in national or foreign institutions, whose contents are consistent with the position held and the area of operation of the server.
Sole paragraph. The specialization courses, master's and doctoral degrees conducted in national institutions should be recognized by the Ministry of education, and when performed in foreign institutions, must be revalidated by competent national institution to do so, and the certificates of participation in training events and completion certificates of specialization courses must be validated, as to their content and duration, by the capacity of the server.
Art. 21. The amount of posts per category of Careers in items I and II of the caput of the art. 1° the percentage of 20% shall apply to each class.
§ 1° the limits established in the caput may be disregarded, pursuant to act all the Ministers of State for education and planning, budget and management, for the first eight years after the initial appointment, which will occur from the publication of the provisional measure n° 304, of 29 June 2006, in order to allow greater allocation of slots in classes.
§ 2° the Minister of education shall publish annually in the Diário Oficial da União, the amount of slots available for promotion in each class in the careers of the art. 1°.
§ 3° in the case of the percentages referred to in the caput result in fractional number of slots the rounding is done rising until the first subsequent integer, privileging, by descending order final Classes.
Art. 22. The occupants of the Office servers careers in art. 1° which served interstitial to the start date of the term of this Decree will be granted the progressions and promotions made by not lack of regulation.
§ 1° interstitial count will start from the first day of the server in Office, noted, in any case, the provisions of art. 5°.
§ 2° progressions and promotions made on the basis of the provisions of this article will consider only the interstitial provided for each career in this Decree.
§ 3 the provisions of this article will have no retroactive financial effects.
Art. 23. This Decree shall enter into force on the date of its publication.
Brasília, 21 December 2011; 190° and 123° independence of the Republic.
ROUSSEFF Miriam Belchior ANNEX

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