DECREE N 7,651, OF December 21, 2011

Regulates the general criteria and procedures to be observed for the functional progression and promotion of the servers of the Carreiras of the National Education Development Fund and of the Careers of the National Institute for Studies and Educational Research Anthem Teixeira, of which it treats Law n ° 11,357, of October 19, 2006.

THE CHAIRPERSON OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisus IV of the Constitution, and with a view to the provisions of the arts. 40-A, § 2 °, 47, 53-A, § 2 °, and 61 of Law No. 11,357, of October 19, 2006,

D E C R E T A:

Art. 1 ° This Decree regulates the general criteria and procedures to be observed for the progression and promotion of the occupying servers of effective proofing positions of the following careers:

I-Career Funding and Execution of Programs and Educational Projects and Technical Support Carrier Funding and Execution of Programs and Educational Projects of the National Education Development Fund-FNDE of which it treats art. 40 of Law No. 11,357 of October 19, 2006; and

II-Career Research and Development of Information and Educational Assessments and Technical Support Carrier in Educational Information from the National Institute of Educational Studies and Educational Research Anthem Teixeira-INEP, of which it treats art. 53 of Law No. 11,357, of 2006.

Art. 2 ° For the purposes of this Decree considers:

I-progression on professional merit-a change to the immediately subsequent basic maturity pattern, every eighteen months of effective exercise, conditioned on the habilitation in individual performance evaluation with a result equal to or greater than the seventy percent of the maximum limit of the scoring of the evaluations carried out since the last progression; and

II-promotion by professional capacity-building-the change of empowerment class arising from obtaining by the certification server in capacitive program, compatible with the occupied office, with the server's acting area and with the minimum hourly load required, respected the sixty-month interstice, pursuant to the Annex XVI-D constant Table of Law No. 11,357, of 2006, to the servers of FNDE, and in the terms of the Table constant of Annex XXV-A of Law No. 11,357, of 2006, for the servers of INEP.

Art. 3 ° The individual performance evaluation applied for the purposes of perception of Performance Gratification will be used for purposes of performance evaluation for progression and promotion, observed the provisions of Law No. 11,784, of September 22 of 2008, of the Decree n ° 7,133 of March 19, 2010 in what couber, and the remaining requirements set out in the respective legislations of the careers of which it treats art. 1 ° regarding progression and promotion, as well as the willing in this Decree.

Art. 4 ° The specific procedures for the purposes of progression and promotion shall be established in act of the maximum officer of the entity to which the server is bound, in accordance with the specific legislation of each career referred to in art. 1 °.

Art. 5 ° The interstice required for progression and promotion will be computed in days from the date of entry into exercise of the server in the respective post.

Paragraph single. The count of the interstice for progression and promotion will be suspended in the absences and departures of the server, reaped those considered by Law No. 8,112, of December 11, 1990 as of effective exercise, including for promotion purposes.

Art. 6 ° It is up to the entity to which the server is bound to implement permanent program of capacity-building, training and development, intended to ensure the professionalization of the holders of the Carreiras ' integral positions of which it treats art. 1 °.

Single Paragraph. The capacity-building and qualification will observe the Annual Capacitation Plan, of which it treats Decree n ° 5,707, of February 23, 2006, with the aim of enhancing the formation of the servers of the effective framework and the performance of the activities of each Entity.

Art. 7 ° In the case of removal deemed to be of effective exercise, without prejudice to the remuneration, the server will receive the same score obtained previously in the performance evaluation for purposes of progression and promotion, until it is processed to its first evaluation after the return.

Single paragraph. There will be no progression or promotion in case there has been no assessment previously, yet by force of remoteness considered as effective exercise.

Art. 8 ° For the vomiting effect of the minimum requirements for progression and promotion, it does not consider itself as time of experience the period of removal of the server, in the forms provided for in Law No. 8,112, of 1990, for the realization of postgraduate courses lato sensu, master's or doctoral degree.

Art. 9 ° The server that does not remain in effective exercise in the same organizational unit or organ throughout the evaluative period will be evaluated by the evaluation unit in which it has stayed for longer.

Art. 10. The acts of granting the progression and promotion shall be published respectively in an Internal Bulletin of each entity to which the server is linked and in the Official Journal of the Union, and shall produce financial effects from the first day subsequent to the date on which the server has completed the interstice.

Art. 11. The framing of the occupant servers of the Carreiras ' posts that it treats art. 1 °, in the capacitive class corresponding to the certifications they possess, the provisions of the Tables listed in the XVI-D and XXV-A Annexes, of Law No. 11,357, of October 19, 2006, respectively for the FNDE and the INEP, shall be made observed.

Art. 12. For the purpose of the framework in the capacitation class of the active servers, the certificates of the capacitive courses compatible with the occupied office will be considered, with the server's acting area and with minimum hourly load required under the terms of the Tables listed in the XVI-D and XXV-A Annexes to Law No. 11,357, of 2006, obtained up to the date of the publication of this Decree.

Paragraph single. For the purpose of the framework in the retirement class of retirees and pension institutors will be considered the certificates of the capacity-building courses obtained during the period when the server was in activity in the public service federal until the date on which you have given retirement or the institution of the pension.

Art. 13. In attendance to the provisions of § 2 ° of the art. 40-A and in § 2 ° of the art. 53-A of Law No. 11,357, of 2006, the servers of which it treats art. 11 of this Decree will be framed in the capacity-building classes corresponding to the certifications they possess, provided that the requirements below:

I-Class of Capacitation I-minimum requirement of the post;

II-Class of Capacitation II-course of capacity-building with minimum hourly charge of one hundred and twenty hours and sixty months of effective exercise in the post of which it is holder;

III-Class of Capacitation III-course of empowerment with minimum hourly load of one hundred and fifty hours and one hundred and twenty months of effective exercise in the office of which it is holder;

IV-Class of Empowerment IV-improvement or course of empowerment with minimum hourly load higher than one hundred and eighty hours and hundred and eighty months of effective exercise in the post that it is holder; and

V-Class of Capacitation V-improvement or capacitive course with minimum hourly load higher than two hundred and ten hours and two hundred and forty months of effective exercise in the post of which it is holder.

Paragraph single. For the servers holding senior level positions, the conclusion with harnessing, in the condition of regular student, of isolated disciplines, that have direct relation to the activities inherent in the effective office, in the course of Master and Doctorate recognized by the Ministry of Education, could be considered as certification in capacity-building program.

Art. 14. For the server framed on August 29, 2008, in the Basic Maturity Patterns P01 to P24, the framework will be made in the same Basic Maturity Pattern and in the Capacitation Class corresponding to the certification of the capacity-building course that posits, as per requirements set out in the art. 13 and in accordance with the Constant Correlation Table of the Annex to this Decree.

Paragraph single. In the event that the server has requirements higher than those required for framing in the last capacitive class corresponding to the basic maturity pattern in which it is positioned, the framework will be made in the last class of empowerment of the respective standard, being vetted, in any cases, the change of basic maturity pattern.

Art. 15. For the purpose of the framework in the capacitation classes, in the fulfilment of the criteria set out in the XVI-D and XXV-A Annexes to Law No. 11,357, 2006, the sum of hourly loads of capacity-building courses is vetted.

Art. 16. It shall be instituted, within the framework of the FNDE and the INEP, by act of the President of each entity to which the server is bound, Commission of Framework responsible for the application of the provisions of this Decree.

§ 1 ° The Commission of which treats the caput of this article will be composed of leaders of the organizational units of each entity and by integral servers of its effective staffing frame.

§ 2 ° The shape of functioning and the indication of the members of the Commission of Framework will be defined in act of the President of each entity.

§ 3 ° The result of the work carried out by the Commission of Framework of which it treats the caput will be the object of homologation by the President of each entity.

Art. 17. The server will have up to ten days, from the date of the publication of the framing acts, to interplay appeal in the Framework Commission, which will decide within ten days.

Single paragraph. Dismissing the appeal by the Framework Commission, the server will be able to appeal to the President of the respective entity, which will ultimately decide.

Art. 18. Act of the maximum governing body of each entity will have on the specific systematic of capacity-building and functional qualification for the purposes of Progression by Professional Merit and Promotion by Professional Capacitation of the occupants of the occupying positions of the careers of FNDE and INEP.

Art. 19. The development of the occupant occupant server of the Carreiras that it treats art. 11 will be done, exclusively, by the change of class and maturity pattern, respectively, by Promotion by Professional Capacitation or Progression by Professional Merit.

§ 1 ° The planning and operationalization of the capacity-building program for the purposes of the development in the career could be performed directly by INEP and FNDE or delegated to other public institutions upon convenium.

§ 2 ° The server that makes jus à Promotion by Professional Capacitation will be positioned in the subsequent capacitive class, in maturity pattern immediately higher than that previously occupied.

§ 3 ° For the purpose of the progression and promotion of which it treats the caput, in the fulfillment of the criteria set out in the XVID and XXV-A Annexes to Law No. 11,357, of 2006, is vetted the sum of hourly loads of capacity-building courses.

§ 4 ° As disciplined in act of the maximum leader of each entity, for the servers holding officeholders of top level, the conclusion, with harnessing, in the condition of regular student, of isolated disciplines, that have direct relation to the activities inherent in the effective office, in Mestrado and Doctoral courses recognized by the Ministry of Education, as long as properly proven, it could be considered as certification in capacity-building for the purposes of Promotion by Professional Capacitation.

§ 5 ° In the counting of the interstice required for Progression by Professional Merit and the Promotion by Capacitation of which treats the caput, it will be taken advantage of the time transcorridant since the last promotion or progression.

§ 6 ° For promotion purposes, each event of empowerment should be computed a single time.

Art. 20. For the purposes of Progression by Professional Merit and Promotion by Professional Capacitation, may be considered capacity-building events held in national or foreign institutions, whose contents are compatible with the occupied and with the server acting area.

Single paragraph. The specialization, master's and doctoral courses held in national institutions must be recognized by the Ministry of Education, and when carried out in foreign institutions, they must be revalidated by competent national institution for so much, and certificates of participation in capacity-building events and certificates of completion of specialization courses are to be validated, as to the respective contents and duration, by the server's lotion entity.

Art. 21. The quantitative of posts per class of the Carreiras of which treat the incisos I and II of the caput of the art. 1 ° shall comply with the percent of twenty percent for each Class.

§ 1 ° The limits set out in the caput could be disregarded, in the terms of the joint act of the State Ministers of Education and Planning, Budget and Management, in the first eight years after the first appointment, which will occur from the publication of the Provisional Measure n ° 304 of June 29, 2006, aiming to allow greater allocation of vacancies in the initial classes.

§ 2 ° The Minister of State for Education shall publish, annually, in the Official Journal of the Union, the quantitive of vacancies available for promotion in each Class in the careers of which it treats art. 1 °.

§ 3 ° In the case of the percentage of which it treats the caput result in number fractional of vacancies the rounding will be done by elevating up to the first subsequent integer, privileging, by the descending order the final Classes.

Art. 22. To the occupier servers of the positions of the careers of which it treats art. 1 ° that have fulfilled interstice until the effective start date of this Decree will be granted the progressions and promotions not effected by lack of regulation.

§ 1 ° The interstice count will begin from the first day of exercise of the server in the post, observed, in any case, the provisions of the art. 5 °.

§ 2 ° The progressions and promotions effected on the basis of the provisions of this article will consider only the predicted interstice for each career of which it treats this Decree.

§ 3 ° The provisions of this article shall have no retroactive financial effects.

Art. 23. This Decree comes into effect on the date of its publication.

Brasilia, December 21, 2011; 190 ° of Independence and 123 ° of the Republic.

DILMA ROUSSEFF

Miriam Belchior

ANNEX