PROVISIONAL MEASURE NO. 319, OF August 24, 2006.

Institutes the Legal Regime of the Servers of the Brazilian Foreign Service, amends the Law no 8,829, of December 22, 1993, which creates, in the Brazilian Foreign Service, the Carreciras of Chancellery and Chancellery Assistant, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

TITLE I

OF THE BRAZILIAN FOREIGN SERVICE

CHAPTER I

PRELIMINARY PROVISIONS

Art. 1st The Brazilian Foreign Service, essential to the execution of the foreign policy of Brazil, constitutes the body of servers, occupiers of effective pavement positions, empowered professionally as agents of the Ministry of Foreign Affairs, in Brazil and abroad, organized in defined and hierarchized careers.

Paragraph single. It applies to the members of the Brazilian Foreign Service the provisions of this Provisional Measure, in the Law no 8,829 of December 22, 1993, and in the legislation on civil servants of the Union civil servants.

Art. 2nd The Brazilian Foreign Service is composed of the Diploma Carrier, from the Official Carrier of Chancellery and the Chancellery Assistant Carrier.

Art. 3rd To the servers of the Diplomata's career is activities of a diplomatic nature and consular, in its specific aspects of representation, negotiation, information and protection of Brazilian interests in the international field.

Art. 4th To the integral servers of the top-level Chancellery Officer's Carrier, its incumbent of technical and administrative nature.

Art. 5th To the integral servers of the Chancellery Assistant Carrier, from medium level, incumbent technical and administrative support tasks.

CHAPTER II

OF THE RIGHTS AND ADVANTAGES

Art. 6th The appointment for charge of the careers of the Brazilian Foreign Service will be in early-class, obeyed the order of classification of those enabled in the public tender of proofs, or of evidence and titles.

Art. 7th will not be named the candidates who, although approved in public tender, come to be considered, in examination of physical and mental sufficiency, unfit for the exercise of job title of the Brazilian Foreign Service.

Art. 8th The server appointed to the initial post of the careers of the Brazilian Foreign Service becomes subject to probationary probationary period of three years of effective exercise, with the aim of assessing their aptitudes and ability for the exercise of the office.

§ 1st special performance evaluation for purposes of acquisition of stability will be carried out by instituted commission for that purpose.

§ 2nd The procedures for assessing the skills and ability to the exercise of the office will be established in an act of the Minister of State for Foreign Affairs, observed the relevant legislation.

Art. 9th The promotion will comply with the criteria set out in this Provisional Measure and the constant standards of regulation, which it will also have on the form of evaluation of functional performance and antique-ness ascertaining.

Art. 10. You will not be able to be promoted the server temporarily away from the exercise of the office on the grounds of:

I-license for the tract of particular interests;

II-license by reason of estrangement from the spouse;

III-licence for sickness tract in person of the family, by maturity of more than one year, provided that the disease there is no contracted in reason of the server service;

IV-extraordinary license; and

V-investidura in elective mandate, the exercise of which requires you to remove it.

Art. 11. The servers of the Brazilian Foreign Service will serve in the Secretary of State and in posts abroad.

Paragraph single. They are considered to be outposts the foreign ministry-based foreign ministry's repartitions.

Art. 12. In the removals between the Secretary of State and the posts abroad and from one to another outpost, it will seek to compatibilize the convenience of the administration with the functional interest of the server of the Brazilian Foreign Service.

Paragraph single. The willing in the caput will not be able to enlist the refusal, on the part of the server, of overseas mission to be intended in the form of this Interim MeasP and as defined in an act of the Minister of State for Foreign Affairs.

Art. 13. Outposts will be classified, for purposes of personnel handling, in groups "A", "B", "C" and "D", according to the degree of representativeness of the mission, the specific conditions of life at the head office and the convenience of the administration.

§ First A classification of posts in groups will be done by act of the Minister of State for Relations Exteriors.

§ 2nd For purposes of rank time counting, the classification will prevail established to the target post on the date of the publication of the act that remove the server.

Art. 14. The numerical lotion of each post will be fixed in an act of the Minister of State for Foreign Affairs.

Paragraph single. The Brazilian Foreign Service server will only be able to be removed for post in which to check itself out of lotation in its class or group of classes, re-salvaged the provisions of the arts. 46 and 47.

Art. 15. To the student server, removed ex officio from overseas post to Brazil, gets secured tuition in official teaching establishment, regardless of vacancy.

Paragraph single. The provisions of this article extend to the spouse and children of any condition, to the stepchildren and adoptees living in the company of the server, to those who, in regular act of the competent authority, are under their guard and those who have been laid under his tutelage.

Art. 16. In addition to the guarantees arising from the exercise of their posts and functions, they are assured to the servers of the Foreign Service Brasileiro the following prerogatives:

I-use of the titles arising from the exercise of the office or function;

II-grant of diplomatic or service passport, in the form of the relevant legislation; and

III-citation in civil or criminal proceedings, when in service abroad, via the Foreign Ministry.

Paragraph single. Extend to the inactives of the careers of the Foreign Service Brasileiro the prerogatives established in the incisos I and II of this article.

Art. 17. You will not be able to enjoy vacationing the server removed for post abroad or to the State Secretariat, before a minimum period of six months of your arrival at the post or to the State Secretariat.

Art. 18. The willing in the art. 17 will not be able to entail the loss of vacation eventually accumulated.

Art. 19. The First Class and Second Class Ministers, after four consecutive years of exercise abroad, will be entitled to two months ' extraordinary vacation, which are to be enjoyed in Brazil.

Paragraph single. The enjoyment season will depend on the convenience of the service and schedule established by the Secretary of State for the update stage observance of First Class and Second Class Ministers on an extraordinary vacation.

Art. 20. Without prejudice to the retribution and the remaining rights and advantages, may the server of the Brazilian Foreign Service be absent from the post on the grounds of the peculiar conditions of life of the seat abroad, met the deadlines and requirements set in act of the Minister of State for Foreign Relations.

Art. 21. The server of the married Brazilian Foreign Service will be entitled to leave, without pay or retribution, when your spouse, who does not occupy the charge of the careers of the Brazilian Foreign Service, is warrant serving, ex officio, at another point in the national territory or abroad.

Art. 22. The server of the Brazilian Foreign Service, married, whose spouse, also an integral of the Brazilian Foreign Service, is removed to the outside or in it finding himself on permanent assignment, may enter extraordinary leave, without pay or retribution, if so desired or provided that it does not meet the requirements stipulated in regulation, to be removed to the same post from your spouse or to another post at the same headquarters in which this one finds itself.

Paragraph single. It will not be able to remain on extraordinary leave the server whose spouse, also an integral part of the Brazilian Foreign Service, removed from abroad, comes to present itself at the State Secretariat.

Art. 23. It will count as of effective exercise in the career, ressaving the willing in the incisos I, II and III of the art caput. 52, the time the Diplomat has remained as a student in the Preparation Course to the Diplomat Carrier.

Art. 24. The proceeds from the server of the Brazilian Foreign Service Retiring in service abroad will be calculated on the basis of the remuneration to which it would make jus if it were in exercise in Brazil.

CHAPTER III

OF THE DISCIPLINARY REGIME

Art. 25. To the server of the Brazilian Foreign Service, submitted to the principles of hierarchy and discipline, it is incumbent to observe the set of duties, attributions and responsibilities provided for in this Provisional Measure and in regulatory provisions, in both the exercise of his or her duties, as to his personal conduct in private life.

Art. 26. The questions regarding the conduct of the effective body of the Brazilian Foreign Service Corps-Diplomats, Chancellery Officers, Chancellery Assistants and the other servers of the Foreign Ministry's Staff Framework- will be, without prejudice to the provisions of the Single Legal Regime of the Civil Public Servants of the Union, treated by the Internal Service's Internal Affairs.

Art. 27. In addition to the duties provided for in the Single Legal Regime of the Civil Public Servers of the Union, they constitute specific duties of the server of the Brazilian Foreign Service:

I-cater ready and solicited to the general public, in particular when in the performance of functions of nature consular and assistance to Brazilians abroad;

II-respect the laws, uses and the customs of the countries where to serve, observed international practices;

III-maintain correct and decorous behavior in public and private life;

IV-give knowledge to the superior authority of any fact pertaining to your personal life, which may affect service interest or the apportionment in which you are serving; and

V-soliciting, in advance, annuence from the competent authority, in the regulatory form, to publicly manifest on matter related to the formulation and execution of the foreign policy of Brazil.

Art. 28. They are duties of the server of the Brazilian Foreign Service in the exercise of managerial function, in Brazil and abroad:

I-defend the legitimate interests of your subordinates, guide them in the performance of their tasks, stimulate them spirit of initiative, discipline, and respect for heritage public;

II-demand from your subordinates order, responsiveness ready and courteous to the public at general and exaction in the fulfillment of their duties, as well as, within their competence, to hold accountable and to punish those who deserve it by communicating the infractions to the competent authority; and

III-give account to the competent authority of the subordinates' public procedure, when incompatible with the discipline and the dignity of their posts or functions.

Art. 29. In addition to the prohibitions capitulated on the Single Legal Regime of Civil Public Servants of the Union, to the server of the Brazilian Foreign Service is prohibited:

I-divulge, without annuence from the competent authority, information relevant to the foreign policy of Brazil, to which it has had access in reason of job performance in the Service Brazilian Exterior;

II-accept commission, employment, or foreign government pension without express leave of the President of the Republic;

III-waive the immunities of which it enjoys in service abroad without express authorization of the Secretary of State;

IV-worth abusively of implants or privileges of which it enjoys in foreign country; and

V-use, for illicit end, means of communication of any nature of the Ministry of Foreign Affairs.

Art. 30. The Internal Service's Internal Affairs, in the event of reasonable doubt as to the veracity or accuracy of information or denunciation of any wrongdoing in the scope of the Brazilian Foreign Service, shall determine the conduct of prior syndication, with the goal of collating data for eventual prosecution of disciplinary administrative process.

Art. 31. The disciplinary administrative procedure will be instituted by the Internal Service's Internal Affairs, which will appoint, to accomplish it, commission consisting of three effective members.

§ 1st In the case of server of the Diplomat Carrier, the commission will count among its members with at least two Diplomats of class equal to or higher than that of the indicted and, where possible, of greater antiquity than this.

§ 2nd When designating the commission, the Internal Service's Internal Affairs will indicate, among its members, the respective president, to which he will be tasked with the designation of the secretary.

Art. 32. During the disciplinary administrative process, the Internal Service's Internal Affairs will be able to determine the removal of the indictment from the exercise of the office or function, without prejudice to its maturities and advantages, or its remaking at any time.

Art. 33. The server of the Brazilian Foreign Service shall request permission from the Minister of State for Foreign Affairs to marry a person of foreign nationality.

§ 1st A criterion of the Minister of State for Foreign Affairs, will be presented, with the application for permission, any necessary judging documents.

§ 2nd The willing in this article applies to the student of course of the Rio Branco Institute.

§ 3rd will also depend on the Minister's authorization of State of the Foreign Relations the inscription of married candidate with person of foreign nationality in contest for career ticket or functional category of the Brazilian Foreign Service.

§ 4th A transgression of the established in the caput and in its § § § 2nd and 3rd will entail, as the case:

I-the cancellation of candidate enrollment;

II-the ongoing matriculation denigration delivered by the Rio Branco Institute;

III-the shutdown of the course student imparted by the Rio Branco Institute;

IV-the impossibility of appointment to the post of the Brazilian Foreign Service; and

V-the dismissal of the server, upon administrative process.

Art. 34. The server of the Brazilian Foreign Service shall seek permission from the Minister of State for Foreign Affairs to marry with a person employed by foreign government or that he receives commission or pension.

§ First Power will be required to be submitted, with the application for permission, any documents judged required.

§ 2nd The willing in this article applies to the course student of the Rio Institute White and will be considered, pursuant to this Provisional Measure, as a prior requirement to the appointment.

§ 3rd It will also depend on permission of the Minister of State for Foreign Relations to enroll candidate, married to person in the situations foreseen in the caput, in contest for career ticket or functional category of Brazilian Exterior Service.

§ 4th The transgression of the established in the caput and in its § § § 2nd and 3rd shall entail, as the case may be, the application of the provisions of the § 4th of the art. 33.

CHAPTER IV

FROM DIPLOMATIC CAREER

Section I

Do Ingress

Art. 35. The admission to the Diploma Carrier will be made by public tender of evidence or evidence and titles, of national scope, organized by the Rio Branco Institute.

Single paragraph. The approval in the contest will enable admission to the post of the starting class of the Diplomat Carrier, according to the order of classification obtained, as well as the tuition in the Training Course of the Rio Branco Institute.

Art. 36. To the public contest of evidence or proof and titles for admission to the Diplomat Carrier, they will only be able to compete for natos.

Paragraph single. For investiture in the post of Third Secretary should be met the requirement of graduation diploma of completion of undergraduate degree course certificate on a duly registered higher level issued by officially recognized educational institution.

Section II

Das Classes, of the Cargos and the Functions

Art. 37. The Brazilian Foreign Service Diplomat career, of a top level, structured in the form of this Provisional Measure, consists of the classes of Prime Minister of First Class, Second Class Minister, Advisor, First Secretary, Second Secretary and Third Secretary, in descending functional hierarchical order.

§ 1st The number of positions of the Diploma Career of the Diploma Carrier in each class is the constant of Annex I of this Provisional Measure.

§ 2nd The number of posts in the First Secretary's classes, Second Secretary and Third Secretary may vary, provided that their total does not exceed the limits set in the Annex I of this Provisional Measure.

§ 3rd In any hypothesis, the number of posts of First Secretary will not be able to surpass twenty-five per cent of the number of posts of Second Secretary, and the latter will not be able to exceed fifty per cent of the amount of positions of Third Secretary.

§ 4th The number of Third Secretaries promoted each semester to Seconds Secretaries and the number of Seconds Secretaries promoted each semester to First Secretaries will be established in regulation.

Art. 38. The Diplomats in service at the posts abroad and the State Secretariat will occupy privately held positions in committee or managerial roles, advice and assistance corresponding to the respective class, in accordance with the provisions of this Interim Measur and in regulation.

Art. 39. Upon prior approval by the Federal Senate, the Heads of Permanent Diplomatic Mission and Mission or Permanent Delegation to the international body shall be appointed by the President of the Republic with the title of Ambassador.

§ First In states in which Brazil does not have effective diplomatic representation, it could be cumulatively accredited Head of Permanent Diplomatic Mission resident in another state, maintaining, in that eventuality, the primitive thirst.

§ 2nd In states in which Brazil has no resident or cumulative diplomatic representation, it may be exceptionally accredited as Head of Diplomatic Mission Minister of First Class or Minister of Second Class, in the terms of art. 46, packed in the Secretary of State.

§ 3rd Exceptionally, and at the discretion of the administration, the Minister of First Class, in exercise at the Secretary of State's Office, may be designated as Extraordinary Ambassador for the handling of matters relevant to Brazilian foreign policy.

Art. 40. The Head of Permanent Diplomatic Mission is the highest Brazilian authority in the country in whose government it is accredited.

Art. 41. The Heads of Permanent Diplomatic Mission will be chosen from among the First Class Ministers or, in the terms of the art. 46, among the Ministers of Second Class.

Single paragraph. Exceptionally, you may be assigned to exercise the function of Head of Mission Diplomatic Permanent Brazilian nato, not belonging to the frames of the Ministry of Foreign Affairs, greater thirty five years, of recognized merit and with relevant services provided to the Country.

Section III

From the Lotation and the Move

Art. 42. The First Class Ministers, the Second Class Ministers and the Councillors in the post office exercise, shall not remain for a period longer than five consecutive years in each post, including in that count the time of exercise of the roles of Permanent Representative and Permanent Representative Altern in international bodies.

§ 1st The maximum continuous period to exercise the post of overseas post office will be defined in an act of the Minister of State for Foreign Affairs, respected the willing no caput.

§ 2nd The permanence of the First Class Ministers, of the Second Class Ministers and of the Councillors, in the exercise of the post of post office, shall not be more than three years in each rank of the "C" and "D" groups, and may be extended by the maximum up to twelve months, serviced the convenience of the administration and upon express annuence of the person concerned.

Art. 43. Resaved the hypotheses of art. 42, the overseas stay of Second Class Ministers and Councillors commissioned in the function of Minister-Counsellor will not be more than five years in each post.

§ 1st The period of stay abroad of the Second Class Minister may extend in the interest of the Diplomat and serviced the convenience of the administration, provided that respected the willing in the caput.

§ 2nd The period of stay abroad of Diplomata from the Class of Counsellor may extend to the interest of the Diplomate and attend to the convenience of the administration, provided that it observed the rotation criterion between posts of the groups "A", "B", "C" or "D" to which the incisos I, II and III of the art are referred to. 45.

§ 3rd The Counsellor who has his stay abroad extended under the terms of § 2nd, after serving in rank of the group "A", can only be removed again for post from that same group after serving in two posts of the group "C" or in a group post "D".

§ 4th When the Counsellor serves consecutively in posts of the groups "A" and "B", will only be again removed for rank of the group "B" after fulfilling mission in a rank of the group "C".

Art. 44. The First Secretaries, Second Secretaries and Third Secretaries are expected to serve effectively for three years at each post and six consecutive years abroad.

§ 1st A stay abroad of Diplomata from First Secretary's classes, Second Secretary and Third Secretary may, in the interest of the Diplomate and attend to the convenience of the service, extend to ten consecutive years, provided that in that period it serves on posts of the "C" and "D" groups.

§ 2nd The initial permanence of Diplomat from the First Secretary's classes, Second Secretary and Third Secretary at the posts of the "C" and "D" groups will not be more than two years, and may be extended by up to two years, without prejudice to the other deadlines set in this Interim Measure, servicing the convenience of the administration and upon express annuence of the Head of the Posto and the interested.

§ 3rd After three years of lotion in rank of the groups "A" or "B", the Diplomate of the First Secretary's classes, Second Secretary and Third Secretary may remain in the post for another year, provided that the administration's convenience and upon express annuation of the Head of the Post and the interested.

§ 4th After additional stay of one year in rank of the group "A", the Diplomat can only be removed for rank from the groups "C" or "D", or to the State Secretariat.

§ 5th The first removal to the outside of Diplomata from the Second Secretary and Third Secretary's classes will be available for rank in which they are crowded at least two Diplomats of higher functional hierarchy, excepted cases in which the Second Secretary has completed the Graduate Course of Diplomats (CAD).

§ 6th It will be at least one year the initial stage, at the Secretary of State, of the Third Secretary class Diplomats, counted from the beginning of the activities professionals to the end of the corresponding training course.

Art. 45. In the removals between outposts of Diplomats from the classes of Councilor, First Secretary, Second Secretary and Third Secretary, the following criteria should be obeyed, noted the provisions of the art. 13:

I-those who are serving in rank of the "A" group will only be able to be removed for post of the groups "B", "C" or "D";

II-those who are serving in the rank of the group "B" will only be able to be removed for rank from the groups "A" or "B"; and

III-those who are serving in rank of the "C" or "D" groups will only be able to be removed for rank from the group "A".

§ 1st The removals that do not fit the criteria set forth in the incisions II and III will only be able to take effect upon request, in writing, of the person concerned, serviced the convenience of the administration and manifested the annuence of the Head of the Post to which he / she is a candidate.

§ 2nd Only in exceptional cases, justified by the interest of the service, will, at the discretion of the Minister of State for Foreign Affairs, be made removals to the Registry of State before adhering to the deadlines and conditions set out in this Provisional Measure and in regulation.

§ 3rd The Diplomat of the classes of Councilor, First Secretary, Second Secretary or Third Secretary, removed to the State Secretariat may, in the following removal, be designated for permanent assignment in rank of any group, provided that your stay in the State Secretariat has been one year if returned from rank of the groups "C" or "D", two years has returned from rank of group "B", and four years from post of the group "A".

Section IV

From the Commissioning

Art. 46. Exceptionally, he will be able to be commissioned as Head of Permanent Diplomatic Mission Minister of Second Class.

§ First There can be only commissioning as Head of Permanent Diplomatic Mission in posts of the groups "C" and "D".

§ 2nd In exceptional character, it could be commissioned as Head of Permanent Diplomatic Mission, solely in posts of the "D" group, the Counsellor fulfilling the constant requirements of the inciso II of the art caput. 52.

§ 3rd The number of Second Class Ministers and Councillors commissioned in the terms of this article will be established in the act of the Minister of State for Foreign Relations.

§ 4th When to see clear of lotion in the function of Minister-Counsellor in posts of the groups "C" and "D", may, in accordance with the convenience of the administration, be commissioned, respectively, Counsellor or First Secretary.

§ 5th Only can be commissioned in the function of Minister-Counsellor the First Secretary approved in the Outstanding Course in Foreign Policy (CAP).

§ 6th In act of the Minister of State for Foreign Affairs and in the interest of the administration, you may be commissioned Counsellor in posts of the group "B".

§ 7th The Diplomat will perceive basic retribution abroad, increased temporary gratification, corresponding to the difference between the basic retribution of the effective office and that of the office in which it has been commissioned, and of the respective representation indentence.

§ 8th The temporary gratification to which you rent § 7th will only be due to the Diplomat during the period in which it is commissioned, being vetted the incorporation to the consideration abroad or to remuneration.

Art. 47. When it is clear from lotion in the function of Counsellor in posts of the "C" and "D" groups, it may, exceptionally and in accordance with the convenience of the administration, be commissioned, respectively, Diplomat of First Class classes Secretary or Second Secretary.

Art. 48. When it is clear from lotion in the function of First Secretary in posts of the "C" and "D" groups, it may, exceptionally and in accordance with the convenience of the administration, be commissioned Diplomate of the Second Secretary classes or of Third Secretary.

Art. 49. In the hypothesis of the arts. 47 and 48, the Diplomat will perceive the retribution abroad as they establish the § § 7th and 8th of the art. 46.

Art. 50. The conditions for the commissioning in the duties of Councilor and First Secretary, vetted in posts of the "A" and "B" groups, will be set in an act of the Minister of State for Foreign Affairs.

Section V

From Promotion

Art. 51. The promotions in the Diplomat Carrier will comply with the following criteria:

I-promotion to Minister of First Class, Minister of Second Class, Counsellor and First Secretary, by merpassing; and

II-promotion to Second Secretary, obeyed anti-güity in class and rank order in the Admission Contest to the Diploma Career (CACD), met the requirement provided for in art. 53 and respected the limit provided for in § 3rd art. 37.

Art. 52. You will be able to be promoted only the Diplomats that meet the following specific requirements:

I-in the case of promotion to Minister of First Class, count the Minister of Second Class, at the very least:

a) twenty years of effective exercise, computed from the possession in charge of the early career class, of which at least ten years of services provided abroad; and

b) three years of exercise, as holder, of equivalent managerial roles at a level equal to or higher than of DAS 4 or in rank abroad, according to the provisions of regulation;

II-in the case of promotion to the Second Class Minister, there is the Councilor completed the Course of Altos Studies (CAE) and count at least fifteen years of effective exercise, computed from the possession in charge of the starting class of the career, of which a minimum of seven years and six months of services provided abroad;

III-in the case of promotion to Counsellor, there is the First Secretary completed the Refresh Course in Foreign Policy (CAP) and count at least ten years of effective exercise, computed from the possession in charge of the early career class, of which a minimum of five years of services rendered abroad; and

IV-in the case of promotion to First Secretary, there is the Second Secretary completed the CAD and count at least two years of services provided abroad.

§ 1st The conclusion of the CAP, as referred to inciso III, will constitute in requirement for the promotion to the class of Counsellor, decorated two years of its deployment by the Rio Branco Institute.

§ 2nd Condressed, for the purpose of ascertaining of service time rendered abroad, the periods that the Diplomat has fulfilled in:

I-permanent missions; and

II-uninterrupted transient missions of duration equal to or greater than one year.

§ 3rd It will be computed double, only for promotion purposes, the service time abroad provided at posts of the group "C" and in triple, in posts of the "D" group, ascertained from the time the Diplomat completes one year of effective exercise in the post.

§ 4th In the hypotheses set out in § 2nd, it will be computed as time of effective exercise in the post the deadline between the date of arrival of the Diplomat to the post and the date of departure, including in that comic the removal periods solely by reason of ordinary holidays, coming periodic to the Country or licence for health treatment.

Art. 53. May be promoted only the Diplomate of the Second Class Minister's classes, Counsellor, First Secretary, Second Secretary or Third Secretary counting at least three years of interstice of effective exercise in the respective class.

§ 1st The time of service provided in rank of the "D" group will be computed in triple for purposes of the interstice to which the caput refers, from a year of effective exercise in the post.

§ § 2nd The time of effective exercise in the post referred to in § 1st will be computed as per the provisions of § 3rd of the art. 52.

Setion VI

From the Special Framework of the Brazilian Foreign Service

Art. 54. They will be transferred to the Special Frame of the Brazilian Foreign Service, conditioned to the fulfilment of the willing in the arts. 16 and 17 of the Supplementary Act No 101 of May 4, 2000 and observed the existence of vacancy, in act of the President of the Republic, in the form established by this Provisional Measure:

I-the Prime Minister's Minister of First Class, the Minister of Second Class and the Counsellor for the same nature, class and denomination;

II-the First Secretary for the post of Counsellor; and

III-the Second Secretary for the post of First Secretary.

Paragraph single. The Special Framework of the Brazilian Foreign Service is comprised of the quantitative of posts in each class, in the form of Annex II of this Provisional Measure.

Art. 55. Observed the provisions of the art. 54, will be transferred to the Special Framework of the Brazilian Foreign Service:

I-o Minister of First Class, upon completing sixty five years of age or fifteen years of class;

II-the Minister of Second Class, upon completing sixty years of age or fifteen years of class;

III-the Counsellor, when completing fifty-eight years of age or fifteen years of class;

IV-the First Secretaries who, on June 15 and on December 15, count greater effective exercise time in the class, provided that this time is equal to or greater than twelve years; and

V-the Seconds Secretaries who, on June 15 and on December 15, count greater effective class time, provided that this time is equal to or greater than ten years.

§ First A transfer to the Special Frame of the Brazilian Foreign Service will occur on the date when the first of the two conditions laid down in each of the incisos I, II and III.

§ 2nd The Second Class Minister who has exercised, for a minimum of two years, the Functions of Head of Permanent Diplomatic Mission will have secured, in the Special Framework of the Brazilian Foreign Service, the remuneration corresponding to the post of Minister of First Class of the same Framework.

§ 3rd In the second fortnight of June and December, observed the existence of vacancy, a Second Class Minister of the Special Table of the Brazilian Foreign Service will be able to be promoted to Minister of First Class of the same Framework, in act of the President of the Republic, provided that he meets the requirements of the inciso I of the art caput. 52.

§ 4th In the second fortnight of June and December, observed the existence of vacancy, a Advisor to the Special Framework of the Brazilian Foreign Service could be promoted to Minister of Second Class of the same Framework, in act of the President of the Republic, provided that he fulfils the requirements of the inciso II of the art caput. 52.

§ 5th In the second fortnight of June and December, observed the existence of vacancy, two First Secretaries of the Special Framework of the Brazilian Foreign Service will be able to be promoted to Counsellor of the same Framework, in act of the President of the Republic, provided that they meet the requirements of the inciso III of the art caput. 52.

§ 6th The Diplomat on extraordinary leave or on leave by investiture in term of office elective, whose exercise requires its remoteness, will be transferred to the Special Framework of the Brazilian Foreign Service, in the same class as it occupiers, by completing fifteen consecutive years of removal.

§ 7th In order to meet the provisions of this article, they will be able to be transformed, without increased expense, in the act of the President of the Republic, the posts of the Diplomate Carrier of the Special Framework.

CHAPTER V

OF THE LOCAL AUXILIARIES

Art. 56. Auxiliary Location is the Brazilian or the admitted foreigner to provide services or perform support activities that require familiarity with the living conditions, uses and customs of the country where the post is based.

Paragraph single. The requirements of the Local Auxiliary Admission will be specified in regulation, met the following requirements:

I-owning schooling compatible with the tasks that fit you; and

II-having domain of local or foreign language of current use in the country, being that in the case of admission of Foreign Local Auxiliary, you will give preference to whoever possesses better knowledge of the Portuguese language.

Art. 57. The labour and pension relations concerned with the Local Auxiliaries shall be governed by the current legislation in the country in which the apportionment is based.

§ 1st will be insured from Brazilian social welfare the Local Auxiliaries of Brazilian nationality who, on the grounds of legal prohibition, cannot be fillable to the country's previdentiary system of domicile.

§ 2nd The provisions of this article apply to the Civil Auxiliaries providing services to the organs of representation of Brazilian Armed Forces abroad.

TITLE II

OF THE FINAL AND TRANSITIONAL PROVISIONS

Art. 58. The current servers of the Foreign Ministry's Cargo Rating Plan will be able, in exceptional character, to be assigned to transitional and permanent missions abroad, applying them, in what couber, the devices constants of the arts. 22 and 24 of the Law no 8,829, from 1993.

§ 1st The removal, in exceptional character, of the servers to which the caput refers will comply to the movement plans prepared by the Ministry of Foreign Affairs staff body.

§ § 2nd Powers, in exceptional character, be included in the movement plans referred to in § 1st the servers that, in addition to possessing functional profile for the performance of the current activities of the outposts abroad, meet the following requirements:

I- count at least five years of effective exercise at the Secretary of State;

II-have been approved in training course for the service abroad; and

III-count at least Four years of effective exercise in the State Secretariat between two permanent missions abroad.

Art. 59. The provisions of this Provisional Measure shall apply, in what couber, to the servers of the Permanent Board of the Foreign Ministry, not belonging to the careers of the Brazilian Foreign Service, when they find themselves in service in the exterior.

Art. 60. The time count of effective exercise in the post, for the purposes of which has the § 2nd of the art. 52, shall begin on the date of entry into force of this Provisional Measure, when it comes to posts of the "C" group.

Art. 61. The Diplomat who finds himself, on the date of publication of this Provisional Measure, loed in rank that comes to be classed as an integral of the "D" group, will have the time count of effective exercise in the post, for purposes of what they dispose of § 2nd of the art. 52 and the § 1st of art. 53, initiated on the date of publication of the act of the Minister of State for Foreign Affairs setting the rank of the post.

Art. 62. In the cases not contemplated in the arts. 60 and 61, the time count of effective exercise in the post, for the purposes of which has the § 2nd of the art. 52, will begin from the date of arrival of the Diplomate to the post.

Art. 63. It will be made approximation for the immediately higher integer whenever the numerical limit imposition by application of any device of this Interim Measiction produces fractional result.

Art. 64. It is secured to the server of the Brazilian Foreign Service the right to apply for or represent.

Art. 65. During the period of implementation of the filling of the Ordinary Framework, as per Annex I of this Interim Measment, in the semester where the ratio of two contestants to each vacancy, the applicants to the Access Framework and the promotion, is not checked, in the classes of Councilor, First Secretary, Second Secretary and Third Secretary will exceptionally be able to be exempted from compliance with the provisions of the arts. 52 and 53, re-salvaged, exclusively, the CAE completion requirements, CAD and, when it is the case, of the CAP, of which it treats the inciso III of the art caput. 52.

Art. 66. The arts. 21, 22 and 24 of the Law no 8,829, from 1993, go on to invigorate with the following essay:

" Art. 21 The institute of the removal of which treats the legal regime of the servers of the Brazilian Foreign Service does not set up the right of the server and will obey the movement plans prepared by the Ministry of Foreign Affairs ' personnel body for the Chancellery Officers and Chancellery Assistants. " (NR)

" Art. 22 ..........................................

....................................................

IV-approval in the Habilitation Course for the Foreign Service (CHSE) for the Chancellery Officer and in the Training Course for the Outdoor Service (CTSE) for the Chancellery Assistant.

§ 1st The requirements for the referred to courses will be set in the act of the Minister of State for Foreign Affairs.

§ 2nd The maximum term of ten consecutive years of stay abroad may extend, met the convenience of the service and the interest of the server, provided that the additional period is fulfilled in posts of the "C" or "D" groups, as standards to be defined in act of the Minister of State for Foreign Affairs. " (NR)

" Art. 24 .......................................

I-those who are serving in rank of the group "A" will only be able to be removed for rank of the groups "B", "C" or "D";

II-those who are serving in rank of the group "B" only can be removed for post from the groups "A" or "B"; and

III-those who are serving in rank of the groups "C" or "D" will only be able to be removed for rank from the group "A".

§ First removals that do not fit the criteria set forth in the incisions II and III only be able to be effective upon solicitation, in writing, of the person concerned, serviced the convenience of the administration and manifested the annuence of the Head of the Post to which he / she is a candidate.

§ 2nd The Chancellery Officer and the Chancellery Assistant removed to the State Secretariat under the conditions of the § 1st, having served only in rank of the group "A", they will only be able, in the following removal, to be assigned permanent assignment in rank of that same group, after remaining four years in the State Secretariat.

§ 3rd Only in exceptional cases, warranted by the interest of the service, will, at the discretion of the administration, be carried out by removals of Chancellery Officer and Chancellery Assistant to the State Secretariat before the deadlines referred to in the art. 22.

§ 4th The deadlines to which they refer the arts. 15 and 16 could be reduced by one-third should the Chancellery Officer or the Chancellery Assistant comply, in class, permanent or transient mission uninterrupted duration of duration equal to or greater than one year in rank of the group "D". " (NR)

Art. 67. They are vetted redistributions of servers to the Ministry of Foreign Affairs.

Art. 68. There will be no, in the administrative units of the foreign ministry abroad, the interim exercise of which it treats the § 2nd of the art. 84 of the Law no 8,112, of December 11, 1990.

Art. 69. This Interim Measure shall come into force on the date of its publication.

Art. 70. The Act No 7,501 of June 27, 1986, the arts, is repealed. 40 and 41 of the Law no 8,028, of April 12, 1990, the arts. 13, 14 and 15 of the Law No. 8,745 of December 9, 1993, the art. 23 of the Law No 8,829 of December 22, 1993, the Law no 9,888, of December 8, 1999, and the Law no 10,872 of May 25, 2004.

Brasilia, August 24, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

Paulo Bernardo Silva

This text does not replace the one published in the D.O.U. of 8/25/2006