DECREE NO. 4,631, OF March 21, 2003.

Approves the Statute and the Demonstrative Framework of Cargos in Commission and Functions Gratified from the Higher Level Personnel Management Coordination Foundation-CAPES, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 50 of the Provisional Measure No. 103, from 1 ° January 2003,

DECRETA:

Art. 1 ° Stay approved the Statute and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Foundation Coordination of Higher Level Personnel Improvement? CAPES, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to the provisions of the art. 1st, stays remanded, in the form of Annex III to this Decree, from CAPES to the Management Office, of the Ministry of Planning, Budget and Management, a post in committee of the Group-Direction and Higher Advising, DAS 101.2.

Art. 3 ° The apostilings arising from the approval of the Statute of which it treats art. 1º should occur within twenty days, counted from the date of publication of this Decree.

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

Art. 4 ° The internal regiment of CAPES shall be approved by the Minister of State for Education and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

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

Art. 6 ° It is repealed the Decree No. 3,543, of July 12, 2000.

Brasilia, March 21, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Cristovam Ricardo Cavalcanti Buarque

Guido Mantega

ANNEX I

STATUTE OF THE IMPROVEMENT COORDINATION FOUNDATION

OF TOP LEVEL PERSONNEL? CAPES

CHAPTER I

OF THE NATURE AND PURPOSE

Art. 1º The Foundation Coordination of Higher Level Personnel-CAPES Improvement, public foundation, instituted by force of art. 1º of Decree No. 524 of May 19, 1992, on the basis of Law No. 8,405 of January 9, 1992, bound by the Ministry of Education, with registered office and venue in Brasilia, Federal District, shall have an indefinite term of duration and shall be governed by this Statute.

Art. 2º CAPES aims to subsidize the Ministry of Education in formulating policies for the graduate area, coordinate and evaluate the courses of that level in the Country and stimulate, by scholarships, aids and other mechanisms, the formation of highly skilled human resources for higher grade faculty, the research and demand fulfillment of the public and private sectors and, especially:

I-subsidize the drafting of the National Plan of Education and draw up the proposal of the National Post-Graduate Plan, in articulation with the units of the Federation, university institutions and entities involved;

II-coordinate and follow up on the implementation of the National Plan of Post-Graduation;

III-draw up sectoral or regional acting programs;

IV-promote studies and assessments necessary for the development and improvement of graduate education and the performance of its activities;

V-fostering studies and activities that directly or indirectly contribute to the development and consolidation of higher education institutions;

VI-support the process of scientific development and national technology; and

VII-hold exchange with other bodies of the Country Public Administration, with international bodies and with domestic or foreign private entities, aiming to promote cooperation for the development of the graduate education, upon the celebration of convenians, agreements, contracts and adjustments that are necessary to the achievement of their goals.

Art. 3º For the performance of your activities, CAPES will use of opinions from scientific advisors, with the purpose of:

I-proceed to the follow-up and evaluation of postgraduate programmes; and

II-appreciate the merit of scholarship solicitations or aids.

Single paragraph. For the purposes of the provisions of this article, CAPES will be advised by representatives of the diverse areas of knowledge, chosen from among professionals of recognized competence, acting in postgraduate education and research.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 4º THE CAPES has the following Organizational Structure:

I-collegiate bodies:

a) Superior Council; and

b) Technical-Scientific Council;

II-executive body: Directorate-Executive;

III-bodies of direct and immediate assistance to the President:

a) Cabinet;

(b) Coordination-General of International Cooperation; and

c) Legal prosecutor's office;

IV-sectional bodies:

a) Internal Audit; and

b) Direction of Administration;

V-specific specific organs:

a) Board of Programs; and

b) Evaluation Board.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 5º The top management of CAPES will be exercised by the Executive Director and the Superior Council.

§ 1º The Executive Director of CAPES will be made up of the President and the Directors, who will be appointed by the President of the Republic, by appointment of the Minister of State for Education.

§ 2º The appointment of the Legal Prosecutor should be preceded by the prior annuence of the Union Advocate General.

§ 3º The appointment of the Auditor-in-Chief will be submitted by the President of CAPES to the Higher Council for approval and subsequently to the Controller-General of the Union.

§ 4º The remaining positions in committee and gratified functions shall be provided in the form of the relevant legislation.

CHAPTER IV

OF THE COLLEGIATE BODIES

Art. 6º The Superior Council, consisting of fifteen members, will have the following composition:

I-member natos:

a) the President of CAPES, who will chair it;

b) the Secretary of Higher Education, of the Ministry of Education;

c) the President of the National Council for Scientific and Technological Development?CNPq;

d) the President of the Financier of Studies and Projects? FINEP; and

e) the Director General of the Department of Scientific, Technical and Technological Cooperation of the Ministry of Foreign Affairs.

II-designated members:

a) five members chosen from among practitioners of recognized competence, acting in teaching and research;

b) two members chosen among leaderships of recognized competence of the productive sector;

c) a chosen member of the components of the collegiate of the National Forum of the Pro-Readers of Research and Post-Graduate Studies;

d) a representative member of the Ministry of Culture; and

and) a member of the Technical-Scientific Council elected by its peers.

§ 1º The members of which it treats the inciso II of this article shall be designated upon act of the Minister of State for Education, with a term of three years, admitted to a redrive.

§ 2º The members referred to in the "a" of the inciso II of this article will be chosen, preferably, in order to represent the various areas of knowledge.

§ 3º Orunning vacancy in the cases of the inciso II of this article, will be designated a new member to complete the term.

§ 4º shall forfeit the mandate the missing member, in the same year, without justification, to two ordinary meetings of the Higher Council.

Art. 7º The Higher Council shall convene, ordinarily, twice a year and, extraordinarily, when convened by its President or by two-thirds of its members.

§ 1º The deliberations of the Higher Council shall be taken by a majority of votes of the members present at the meeting and shall be expressed by resolutions signed by its President.

§ 2º The President of the Superior Council will be entitled to the quality vote, in addition to the nominal vote.

Art. 8º The Technical-Scientific Council will have the following composition:

I-the President of CAPES, who will chair it;

II-the Directors of CAPES;

III-two representatives from each of the eight major areas of knowledge;

IV-a representative of the National Association of Post-Graduate Students; and

V-a representative of the National Forum of the Pro-Readers of Research and Post-Graduation.

Single paragraph. The members of which it treats the inciso III of this article will be chosen by the Superior Council from triple-list lists drawn up by the representatives of the various areas that integrate the large areas of knowledge and will have three-year terms, admittedly redriving.

Art. 9º The Technical-Scientific Council shall convene, ordinarily, twice a year and, extraordinarily, when convened by the President or by the majority of its members.

§ 1º As decisions of the Technical Board-Scientific Council shall be taken by the majority of its members present at the meetings and expressed by means of resolutions or recommendations, signed by its President.

§ 2º The Technical-Scientific Council may, at the discretion of its President, convene in chambers consisting of a minimum of one quarter of its members, for examination and pronouncement around subjects requiring analysis specific.

CHAPTER V

OF THE COMPETENCE OF THE ORGANS

Section I

Of The Collegiated Bodies

Art. 10. To the Superior Council, the deliberative collegiate body of CAPES, competes:

I-establish priorities and guiding lines of the entity's activities, as of proposal submitted by the President of CAPES;

II -to appreciate the proposal of the National Post-Graduate Plan, to refer to the Minister of State for Education;

III-appreciate criteria, priorities and procedures for the awarding of scholarships and aids;

IV-approve the annual CAPES programming;

V-approve the budget proposal of CAPES;

VI-approve the annual CAPES activities report;

VII-approve the nomination and exoneration of the holder of the Internal Audit;

VIII-appreciate proposals regarding changes of the status and internal regiment of CAPES; and

IX-define the process and criteria of choice of representatives of the areas of knowledge of which it treats the single paragraph of the art. 3º and forward to the President his / her nominations by means of triplicate lists.

Art. 11. To the Technical-Scientific Council, the collegiate advisory body of CAPES, competes:

I-assist the Executive Director in the elaboration of CAPES's specific acting policies and guidelines;

II-collaborate on the drafting of the proposal of the National Graduate Plan;

III-opining on the annual programming of CAPES;

IV-opining on criteria and procedures for the distribution of scholarships and institutional aid and individual;

V-opining on cooperation agreements between CAPES and national, foreign or international institutions;

VI-propose criteria and procedures for the monitoring and evaluation of the postgraduate and the programs run by CAPES;

VII-propose to carry out studies and programs for the enhancement of CAPES activities;

VIII-opinionon subjects that are submitted to it by the President of CAPES; and

IX-elect your representative in the Superior Council.

Section II

Of The Executive Body

Art. 12. To the Directorate-Executive competes:

I-formulate the guidelines and strategies of CAPES, in line with the general policies of the Ministry of Education;

II-manage the drafting and implementation of the plans, programs and actions concerning the purposes and assignments of CAPES; and

III-promote the internal and external joints required to perform the activities of CAPES.

Section III

of the Direct and Immediate Assistance Bodies to the President

Art. 13. To the Cabinet competes:

I-assist the President in his social and political representation, tasking with the media and public relations activities; and

II-incumbent upon the prepares and dispatch of the President.

Art. 14. The Coordination-General of International Cooperation competes in overseeing and coordinating the activities related to international cooperation in the educational, scientific and technological areas, in the framework of CAPES's acting.

Art. 15. To Legal Procuratorate, as the executor organ of the Federal Attorney General, competes:

I-represent judicial and extrajudicially to CAPES;

II-exercise consulting and advising activities legal to the organs of CAPES, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73, of February 10, 1993; and

III-the ascertaining of the liquidity and certainty of claims, of any nature, inherent in the activities of CAPES, inscribing them in active debt, for the purposes of collection friendly or judicial.

Section IV

Of The Sectional organs

Art 16. The Internal Audit competes to examine the legal compliance of the budget management acts-financial, heritage, personnel, too much administrative and operational systems and, specifically:

I-check the regularity of the internal and external controls, especially those regarding the realization of revenue and expenditure, as well as the financial execution of contracts, arrangements, agreements and adjustments firmed up by the Foundation;

II-examine the legislation specific and norms correlates, orienting as to their observance; and

III-promote regular inspections to verify the physical and financial execution of the programs, projects and activities and perform extraordinary audits determined by the President.

Single paragraph. In the exercise of its powers, the Internal Audit governs, administratively, to the Superior Council pursuant to art. 15 of Decree No. 3,591 of September 6, 2000, with the wording amended by Decree No. 4,304, of July 16, 2002.

Art. 17. The Board of Directors competes to coordinate and supervise the execution of the activities related to the Federal Planning and Budget Systems, of Financial Administration, Accounting, Organization and Modernization Administrative, of the Administration of Information Resources and Informatics, of Human Resources and General Services, within the framework of CAPES.

Section V

Dos Singular Specific Organs

Art. 18. The Directorate of Programs competes:

I-supervise and coordinate the process of granting scholarships and aids; and

II-implement the policies of fostering and maintaining the teaching of postgraduate.

Art. 19. The Evaluation Directorate competes:

I-promoting and coordinating the evaluation and follow-up processes, within the framework of CAPES;

II-elaboration studies, propose necessary measures for the improvement of programs and postgraduate courses; and

III-homologating opinions recommended by the representatives of the areas of knowledge, as to the merit of scholarship solicitations and aids.

CHAPTER VI

OF THE ASSIGNMENTS OF THE LEADERS

Section I

Of The President

Art. 20. To the President it is incumbent on:

I-submit to the CAPES Superior Council:

a) the proposal regarding priorities and general acting lines;

b) the annual schedule and budget proposal;

c) proposed changes to the statute and internal regiment;

d) the nominations of the two representatives from each of the eight major areas of knowledge;

and) the annual report of the activities; and

f) the proposal of the National Postgraduate Plan;

II-approve the acts pertaining to the operation of the CAPES;

III-promote the implementation of the measures emanating from the Higher Council;

IV- firming arrangements, contracts, agreements and adjustments with bodies of the direct and indirect Federal Public Administration, foundations and national, foreign or international entities, observed the specific legislation;

V-establish quotas, to grant aid and scholarships by fixing their respective values in accordance with the relevant legislation;

VI-regulating and authorizing financial operations and the movement of resources, pursuant to the current legislation and in compliance with the Internal Rules of CAPES;

VII-authorize the hiring of consultants and arrange technical commissions for the conduct of studies and drafting of opinions in accordance with the specific needs of CAPES, in line with the legislation in force;

VIII-represent CAPES, in judgment or outside it, may constitute mandatary for that purpose;

IX-designate the leaders of the technical and administrative units defined in the Internal Rules of CAPES;

X-designate the representatives of the areas of knowledge, chosen according to the inciso IX of the art. 10; and

XI-exercise the remaining assignments conferred upon it by this Statute and by the Internal Rules of CAPES.

Section II

Dos too many Leaders

Art. 21. To the Chief of Staff, the Prosecutor-Legal, the Auditor-in-Chief, the Directors and the remaining leaders shall direct, coordinate and guide the implementation of the activities of the respective units and to exercise other incumbencies which are committed to them by the President of CAPES.

CHAPTER VII

OF THE HERITAGE AND FINANCIAL RESOURCES

Art. 22. They constitute the patrimony of CAPES:

I-the movable and immovable property, installations and rights, transferred in the form of the art. 3º of Law No. 8,405, of January 9, 1992; and

II-the movable and immovable property that comes to acquire, including by donations and legacies of natural or legal persons.

Art. 23. The financial resources of CAPES come from:

I-appropriations consigned to the Union Budget Law;

II-aid and grants awarded by entities of public law or private law;

III-rents of any species produced by their goods or activities;

IV-contributions from national, foreign or international entities;

V-financial balances of the exercises; and

VI-other eventual rends.

Art. 24. The patrimony and resources of CAPES will be used, exclusively, in the execution of its purposes.

CHAPTER VIII

OF THE GENERAL PROVISIONS

Art. 25. CAPES will send to the Minister of State for Education the general accounts relating to the previous financial year, accompanied by report of activities, obeyed to the deadlines set out in the legislation in force.

Art. 26. CAPES will be able to conduct credit operations with domestic, foreign or international entities, observed the prevailing standards on matter, conditioned on the assessment of the Higher Council and the prior approval of the Minister of State of the Education.

Art. 27. CAPES will be able to hire with national, foreign or international public or international entities the execution of the services that necessitate the performance of their functions.

Single paragraph. Contracts with foreign or international entities depend on prior approval from the Minister of State for Education.

Art. 28. The standards of organization and operation of the administrative units of CAPES and the assignments of its leaders shall be established in internal regiment, proposed by its President and submitted to the approval of the Minister of State for Education.

Art. 29. The missing cases and the doubts raised in the application of this Statute shall be addressed by the President of CAPES ad referendum of the Minister of State for Education.