DECREE NO. 5,256 OF October 27, 2004

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Ministry of Social Welfare, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisos IV and VI, paragraph "a" of the Constitution,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Ministry of Social Welfare in the form of the Annexes I and II of this Decree.

Art. 2º On the basis of the provisions of the art. 1º, stay remanded, in the form of Annex III of this Decree, of the Office of Management, of the Ministry of Planning, Budget and Management, for the Ministry of Social Welfare, the following posts in committee of the Group-Direction and Advising Superiors-DAS and Gratified Functions-FG: a DAS 101.6; three DAS 101.5; nine DAS 101.4; twenty DAS 101.3; fifty-eight DAS 101.2; two hundred and forty-eight DAS 101.1; four DAS 102.4; eight DAS 102.2; six DAS 102.1; four hundred and twenty-102.1 four FG-1; four hundred and seventy six FG-2; and four hundred and twenty-five FG-3.

Art. 3º The apostilaments arising from the approval of the Regimental Structure of which 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 Social Welfare will make it published in the Official Journal of the Union within thirty days of 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 posts, their denomination and their respective level.

Art. 4º The internal regiments of the organs of the Ministry of Social Welfare shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

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

Art. 6º It is repealed the Decree No. 4,818, of August 26, 2003.

Brasília, October 27, 2004; 183º percent of Independence and 116º percent of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Amir Lando

REGIMENTAL STRUCTURE OF THE MINISTRY OF SOCIAL WELFARE

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1º The Ministry of Social Welfare, the body of the direct federal administration, has as an area of competence the following subjects:

I-social security; and

II- complimentary foresight.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Social Security has the following organizational structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet;

b) Executive Secretariat:

1. Department of Technology and Information; and

2. Undersecretariat of Planning, Budget and Administration;

c) Legal Consultancy; and

d) Ouvidoria-General of the Social Security;

II-specific organs singular:

a) Social Security Registry:

1. Department of the General Social Welfare Regime; and

2. Department of Welfare Regimes in the Public Service;

b) Supplementary Welfare Office:

1. Department of Investments Analysis;

2. Department of Accounting;

3. Department of Surveillance;

4. Department of Analysis and Legal Guidance; and

5. Current Department;

c) Secretary of the Revenue Forecast:

1. Department of Administration of Revenue Forecast;

2. Department of Surveillance of Revenue Revenue;

3. Department of Strategic Information; and

4. Advice for Tax Studies and Normatization;

III-governing bodies:

a) Social Security Strategic Management Committee; and

b) Technology Committee and Social Security Information;

IV-collegiated bodies:

a) National Social Welfare Board;

b) Social Security Resources Board; and

c) Board of Management of Supplementary welfare;

V-linked entities:

a) autarchy: National Institute of Social Insurance-INSS; and

b) public company: Company of Technology and Social Security Information-DATAPREV.

CHAPTER III

OF THE COMPETENCIES OF THE ORGANS

Section I

Dos Direct and Immediate Assistance bodies to the Minister of State

Art. 3º To the Cabinet of the Minister competes:

I-attend the Minister of State in his political and social representation, to occupy yourself with the public relations and the preparer and dispatch of your personal expedient;

II-follow up the progress of the Ministry's interest projects, in tramway in the National Congress;

III-provide for the fulfillment of the consultations and the requirements formulated by the National Congress;

IV-provide for the official publication and disclosure of the matters related to the Ministry's area of acting;

V-assist the Minister of State in the matters concerning international agreements;

VI-planning, coordinating and overseeing the development of the media activities of the Ministry; and

VII-exercise other assignments that are committed to it by the Minister of State.

Art. 4º To the Executive Secretariat competes:

I- attend the Minister of State in the supervision and coordination of the activities of the member Secretaries of the structure of the Ministry and of the entities to it linked;

II-supervise and coordinate the activities of organization and administrative modernization, as well as those related to the federal planning and budget systems, financial administration, accounting, information resource administration and informatics, human resources, and of general services, within the Ministry;

III-manage the National Social Information Cadet;

IV-define policies, methodologies, controls and safety standards and coordinate efforts for the management of fraud risks;

V-supervising and coordinating the programs and activities of combating fraud or any aggrieved acts to social security, upon actions and technical procedures of intelligence;

VI-assist the Minister of State in the setting of the guidelines and the implementation of the actions of the Ministry's area of competence; and

VII-approve, listened to the Management Committee Strategic Social Security, policy, plans and strategic technology and information programs, as well as to establish general standards and guidelines for the adoption of new technological resources in informatics and telecommunication within the framework of the social security.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Organization and Administrative Modernization-SOMAD, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, of Federal Financial Administration and of Federal Accounting, through the Subsecretariat of Planning, Budget and Administration to it subordinate.

Art. 5º To the Department of Technology and Information competes:

I-coordinate, supervise, guide, follow up and evaluate the elaboration and execution of the strategic plans, programs, projects, and hiring of technology and social security information;

II-coordinate the management of knowledge, analysis and modelling of data and information within social security;

III-represent institutionally Social Security in matters of technology and information;

IV-chair the Social Security Information and Information Committee, offering the necessary technical and operational support to its appropriate functioning;

V-define, heard the areas involved, roles and responsibilities in the conduct of the projects and activities of technology and information, in the framework of social security;

VI -formulate evaluation criteria of technology and information management, within social security;

VII-supervising the implementation of the director of technology and information plan, in the framework of provident social.

VIII-promote the evolution of the policy and administer the information and informatics resources of social security;

IX-plan, coordinate and supervise the execution of the administration activities of the information and informatics resources; and

X-plan, coordinate, and supervise the execution of the activities concerning the National Cadastro of Social Information.

Art. 6º À Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate and supervise the execution of the activities of administrative organization and modernization, as well as the related to the federal, human resources, general services, planning and budget, accounting and financial administration systems, within the Ministry;

II-promote the articulation with the central bodies of the federal systems referred to in the inciso I and inform and guide the organs of the Ministry as to the fulfilment of the established administrative standards;

III-promoting the elaboration and consolidation of the plans and programs of the activities of your area of competence and submit them to the top decision;

IV-coordinate the elaboration and consolidation of the plans and programs of the Ministry's finalistic activities, its budgets and changes, and submit them to the top decision;

V-follow up and promote the evaluation of projects and activities, within the framework of their competence;

VI-promoting the activities of budgetary, financial and accounting execution, within the Ministry;

VII-carry out of bills of the expense payers and too much responsible for public goods and values and of all the one that gives cause to loss, stray or wrongdoing that results in damage to the erarium; and

VIII-promote the registration, treatment and control of the operations concerning the budgetary, financial and heritage administration of the Ministry, with viewed to the drafting of accounting statements of the activities of the Federal Accounting System.

Art. 7º The Legal Consultancy, the sectoral organ of Advocate General of the Union, competes:

I-advising the Minister of State on matters of a legal nature;

II-exercise the coordination of the legal activities of the Ministry and the linked entities;

III-fix the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their areas of acting and coordination, when there is no normative orientation of the Union Advocate General;

IV-elaborate studies and prepare information, by request of the Minister of State;

V-assist the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effective and those coming from the organ or entity under their legal coordination; and

VI-examine, prior and conclusively, within the Ministry's scope, the texts of bidding edital, as well as those of the respective congenneric contracts or instruments, to be published and celebrated, as well as the acts by which it is going to recognize the undemanding, or decide the bidding dispensation.

Art. 8º À Ouvidoria-General of the Social Security competes:

I-receive the complaints, suggestions or representations regarding the provision of the services affections to social security and adopt the necessary procedure;

II- receiving denunciation of the practice of irregularities and acts of administrative improbity by its agents and forwarding the respective solution; and

III-making known to the higher direction organs of provident Social the complaints regarding the deficiencies in their respective areas that come from the general public and from the insured and taxpayers of social welfare, to the adoption of own measures aimed at preventing, repressing and ceasing conduct inappropriate of social security organs and servers and to improve effectiveness in the provision of the service.

Section II

Of The Singular Specific Organs

Art. 9º À Secretary of Social Welfare competes:

I-attend the Minister of State in the formulation of the social welfare policy and in the supervision of the programs and activities of the linked entities;

II-assist the Minister of State in the proposition of general standards for the organization and maintenance of the Union's own welfare schemes, the States, the Federal District and the Municipalities;

III-elaboration and promote, in articulation with the remaining bodies involved, the upgrading and revision of the costing and welfare benefits plans;

IV-guide, follow up, normatize and supervise the actions of the social welfare in the areas of benefits and fundraising;

V-providing technical support to the collegiate bodies of the Ministry, in their area of competence;

VI-carry out studies and subsidize the formulation of policies, guidelines and general parameters of the social welfare system;

VII-follow up and evaluate the strategic actions of social security;

VIII-promote actions of deregulation aimed at the rationalization and simplification of the normative and institutional planning of social welfare;

IX-orienting, monitoring, evaluating and overseeing social welfare actions, in the scope of the General Social Welfare Regime;

X-orient, monitor and supervise the social welfare schemes of public servants and the military of the Union, states, the Federal District and the Municipalities;

XI-articulate with governmental entities and national, international and foreign bodies with acting in the economic field-pension, for the purpose of conducting studies, technical conferences, congresses and similar events; and

XI-approving technical opinions issued by the Secretaria's Departments.

Art. 10. To the Department of the General Social Welfare Regime competes:

I-coordinate, follow up, evaluate and supervise the actions of the General Social Welfare Regime in the areas of benefits and costing;

II-coordinate, follow up and supervise the updating and review of the costing and benefits plans of the General Social Welfare Regime;

III-develop rationalization projects and simplification of the normative and institutional planning of social welfare;

IV-carry out projections and simulations of the revenue and expenditure of the General Social Welfare Regime;

V- collect and systematize previdential information;

VI-carry out studies aiming at the enhancement of the General Social Welfare Regime; and

VII-issue technical opinions on the subject matter of your competency.

Art. 11. To the Department of Welfare Regimes in the Public Service competes:

I-coordinate, monitor and supervise the social welfare schemes of public servants and the Union military, of the states, of the Federal District and the Municipalities;

II-undertake technical studies necessary to the enhancement of provident regimes in the public service;

III-carry out and advise on the achievement of projections and simulations of the revenue and expenditure of the Union's own welfare schemes, from the states, the Federal District and the Municipalities;

IV-providing technical assistance with views to the enhancement of the bases of previdionary data, the realization of diagnostics and the drafting of proposals for reforms of the pension systems in the public service;

V-issue opinions for follow-up of the results presented by the Union, States, Federal District and Municipalities in the organization of their provident regimes;

VI-administer the Pension Regulation Certificate-CRP, as well as the Previdential Administrative Process-PAP;

VII-fostering the institutional articulation between the spheres of government in matters of its competence; and

VIII-collecting and systematizing information from the provident regimes in the service public.

Art. 12. The Supplemental Welfare Office competes:

I-propose the basic guidelines for the supplementary pension system operated by the closed pension entities of supplementary providence;

II-harmonize the activities of the closed welfare entities complementary with the government's social and economic development policies;

III-supervise, coordinate, guide and control the activities related to the closed supplementary welfare;

IV-analyze and approve the applications for authorization for constitution, operation, merger, incorporation, gruping, transfer of control of the closed entities of supplementary welfare, as well as to examine and approve the statutes of the said entities, the regulations of the benefit plans and their amendments;

V-examine and approve the accession arrangements celebrated by sponsors and by institutors, as well as authorizing the withdrawal of sponsorship; and

VI-enact the special administration in benefits plans operated by the closed welfare entities supplementation, as well as to propose to the Minister of State to enact intervention or extrajudicial settlement of the said entities.

Art. 13. To the Department of Investment Analysis competes:

I-analyze, monitor and scrutinize the formulation and execution of the investments policies of the guaranteed resources of the technical reserves, funds and provisions of the plans operated by the closed entities of complementary foresight; and

II-analyze, monitor and scrutinize, in its various segments of investments, the operations and applications of the secured reserves of the reserves techniques, funds and provisions of the plans operated by the closed entities of complementary foresight.

Art. 14. The Department of Accounting competes to examine, monitor, and scrutinize the accounting statements of the benefits plans of the closed supplementary provident entities.

Art. 15. The Department of Surveillance competes to carry out audits, surveys, syndications and monitoring of special schemes referring to the closed pension entities and their provident plans.

Art. 16. To the Department of Legal Analysis and Guidance competes:

I-legal analysis of the authorization requirements for constitution, operation, merger, incorporation, spinning or any other form of reorganization society-wide of the closed entities of supplementary welfare, as well as legal examination of statutes and regulations of the benefits plans of these pension entities and their respective amendments;

II-analyze, from the legal point of view, the requirements of conferral of adherence to plans for closed entities of supplementary welfare, transfer of benefit plans or groups of participants or reserves;

III- analysis of consultation and issuance of opinions on the subjects relating to the closed entities of supplementary welfare; and

IV-formulation of instructions and normatives for the implementation of the standards established by the regulator of the closed entities of supplementary provident entities.

Art. 17. The Actuary Department competes:

I-monitor, examine, and scrutinize the actuarial demonstrations of the benefits plans of the closed pension entities of supplementary provident;

II- analyze the procedures adopted by the closed entities of supplementary providence in relation to the costing of their benefit plans;

III-analyze the constitution of the technical reserves, provisions and funds of the plans of the closed pension entities;

IV-propose the adoption of financial and actuarial equalization measures of the benefits plans operated by the closed supplementary provident entities; e

V-analyzing the requirements of adherence arrangements to plans for closed pension entities, transfer of benefit plans, or groups of participants or reserves.

Art. 18. The Office of the Revenue Office competes:

I-promoting the collection, surveillance and collection of social contributions intended for the financing of social welfare, as well as those relating to other entities and funds, in the form of the legislation in force;

II-orient, coordinate, follow up, discipline, supervise and evaluate the activities and actions of fundraising, surveillance, recovery of credits and relative launch to the contributions by it administered;

III-establish general guidelines for the development of plans, programs and goals of the fundraising activities, surveillance and administrative collection of the contributions by it administered, as well as developing studies and actions to combat tax evasion and tax evasion;

IV-propose, in conjunction with the Social Welfare Registry, the improvement of the related tax legislation to social security and to expat the normative acts and the necessary instructions to their execution;

V-elaboration, jointly with the Social Welfare Registry, and in articulation with the remaining bodies involved, the plan of the costing of social welfare;

VI-decide, in the first instance, on administrative processes of claims relating to the social contributions by it administered;

VII- articulate themselves with entities with governmental entities and national, international and foreign bodies with acting in the economic field-pension, for conducting studies, technical conferences, congresses and similar events;

VIII-orient, supervise, and coordinate the activities of production and dissemination of strategic information in the area of its competence, aimed at risk management or utilization by participating bodies and entities of joint operations, aiming at the prevention and combating of frauds and deleterious practices within social welfare;

IX-assist, jointly with the Social Welfare Registry, to the Minister of State in the formulation of the economic policy-tax, in the context of social security;

X-define the location of its decentralized units, as well as propose its creation; and

XI- developing analyses aimed at the oscillations, variables, and economic trends that influence in the fundraising of the contributions by it administered.

Art. 19. The Department of Revenue Administration Revenue competes:

I-directing, coordinating and overseeing the fundraising activities of the pension revenues, as well as of other entities and funds administered by the Bureau of Revenue Forecast;

II-develop analyses of oscillations, variables, and economic trends that influence in the fundraising of the social contributions of previdionary social contributions;

III-track, control and evaluate pension revenues and the granting of exemption;

IV-plan, direct, coordinate and evaluate the recovery activities of pension tax credits;

V-promoting the articulation of the organs and units responsible for the fundraising and recovery of pension credits;

VI-manage the information on the gathering of social contributions foreshingers, promoting the comparative analysis of physico-financial flows;

VII-control and supervise the stepping up of tax administrative processes;

VIII-coordinate and overseeing the actions of the contentious administration-tax litigation; and

IX-administer and control the statements on social pension contributions previded.

Art. 20. To the Department of Revenue Revenue Surveillance competes:

I-directing, coordinating, executing and evaluating the enforcement activities of the fulfilment of the obligations of the previdential obligations;

II-plan, implement and evaluate the actions directed towards specialization in economic segments, aiming at combating evasion and tax evasion;

III-scrutinizing, in cooperation with the Registry of Social Security, the entities and funds of the social welfare schemes and their operations, with views to compliance with the legislation and to wash the respective autos of infraction; and

IV-propose the lotion of the tax auditors for the exercise of the surveillance activity;

Art. 21. To the Department of Strategic Information competes:

I-proceed to the identification, analysis, treatment and management of strategic information with views to the reduction of organizational risks, within the framework of the Secretary of the Revenue Forecast;

II-promote investigations and research aimed at preventing and combating fraud and irregular practices related to the activities of pension revenue; and

III-promote exchange with the competent bodies and entities for conducting joint operations, with views to co-inhibiting initiatives and actions that could cause eventual damage to social welfare and its insured and taxpayers.

Art. 22. The Advisory of Tax Studies and Normatization competes:

I-draw up the prediction of the revenue from the social contributions administered by the Office of the Revenue Agency;

II- draw up, jointly with the Office of Social Welfare, for purposes of inclusion in the Budget Guidelines Act, the General Budget of the Union and the Multiannual Plan of Applications, the estimation of the pension revenues administered by the Secretariat of the Revenue Forecast;

III-elaboration and disseminate studies and economic statistics-tributaries and econometers-pension, concerning taxation;

IV-elaboration on the regulation and application of tax legislation-pension;

V-elaborate studies on the recovery of pension credits;

VI-elaboration and propose, in conjunction with the departments of the Registry of Revenue Forecast, normative acts of guidance and uniformity of procedures;

VII-propose the enhancement of tax legislation-pension;

VIII-plan, guide, control, execute and evaluate the activities of internal and external consultations; and

IX-promote the disclosure of the tax law-pension.

Section III

From the Management Organs

Art. 23. The Social Security Strategic Management Committee competes:

I-deliberating on policies, guidelines, plans, programs and projects that have for purpose the modernization and enhancement of the management of the social welfare in Brazil;

II-formulate strategic guidelines for the improvement of management procedures, aiming at improvement in the quality of the products and services offered by social security;

III-deliberation on the adoption of institutional mechanisms by which the necessary integration of efforts between the different areas that make up the Brazilian social welfare system is guaranteed;

IV-promote the adoption of management methodologies and procedures that propel the permanent monitoring and evaluation of the actions, within the framework of social security; and

V-exercise other functions that they are committed to him by the Minister of State.

Art. 24. The Social Security Information and Information Committee competes:

I-deliberating on policies, guidelines, plans, programs and strategic projects of technology and information within the Ministry and its linked entities;

II-establish guidelines, norms, standards, and methodologies of use of information technologies, in the framework of social security;

III-analyze and approve plans of acquisition of goods and services of technology and information, of a strategic nature, to be used by the Ministry, INSS and Dataprev;

IV-deliberation on the standards of its functioning, in the form of regiment internal; and

V-exercise other functions that are committed to you by the Minister of State.

Section IV

Of The Collegiated Bodies

Art. 25. To the National Council on Social Welfare, created by Law No. 8,213 of July 24, 1991, it is up to exercise the competences set out in specific regulation.

Art. 26. To the Social Welfare Resources Board competes in the jurisdictional provision and control of the decisions of the Office of the Revenue Agency and the INSS, in the processes of interest of taxpayers and beneficiaries of the General Welfare Regime Social.

Art. 27. To the Board of Management of Supplementary Welfare compete to deliberate, coordinate, monitor and evaluate the implementation of the supplementary welfare policy of the closed entities of private welfare and, in particular, to exercise the established competences in the art. 74 of the Supplementary Act No. 109 of May 29, 2001.

CHAPTER IV

OF THE ASSIGNMENTS OF THE DIRECTORS

Section I

Of The Executive Secretary

Art. 28. The Executive Secretary is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall action plan;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems, affections to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that are committed to you by the Minister of State.

Section II

Of The Secretaries and Too many Leaders

Art. 29. To the Secretaries it is incumbent on planning, directing, coordinating, directing and controlling the execution, monitoring and evaluating the activities of their respective units and exercising other assignments that are committed to them in internal regiment.

Art. 30. To the Chief of Staff of the Minister of State, the Legal Adviser, the Undersecretary, the Directors, the Presidents of the Councils and the other leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and exercise other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 31. The posts in committee of the Group-Direction and Advising Superiors-DAS members of the structure of the General Coordinations Secretariat of the Revenue Revenue and its decentralized units will be provided exclusively by servers Occupiers of effective positions belonging to the framework of the Ministry and the INSS.

Art. 32. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.

Art. 33. The composition and operation of the Strategic and Technology Management Committees and Social Security Information will be defined in the act of the Minister of State.