LEI NO. 11,090, OF January 7, 2005

Disposes on the creation of the Career Plan of the Cargos of Reform and Agrarian Development of the National Institute of Colonization and Agrarian Reform-INCRA and the creation of the Agrarian Reform Activity Performance Gratification-GDARA; alters the Laws 10,550, of November 13, 2002, and 10,484, of July 3, 2002; re-structure the effective posts of Agent of Health and Industrial Inspection of Animal Source Products and Agrolivestock Activities Agent of the Ministry of Agriculture, Livestock and Supply and readjustment of the remunerative plots due to it; Institution a Publication-Specific Gratification and Dissemination of the National Press-GEPDIN; and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the next Law:

Art. 1º It is created the Career Plan of the Cargos of Reform and Agrarian Development, made up of the top level posts of Analyst in Reform and Agricultural and Administrative Analyst Development and by the intermediate level positions of Technician in Reform and Agrarian Development and Administrative Technician, members of the staff framework of the National Institute of Colonization and Agrarian Reform-INCRA, submitted to the scheme established by the Law paragraph 8,112 of December 11, 1990, observed the provisions of this Act.

§ 1º The posts referred to in the caput of this article will have the following assignments:

I-Analyst in Reform and Development Agrarian: planning, coordination, monitoring and execution of activities concerning spatial planning and agrarian reform and, more specifically:

a) the management of territorial planning and reform actions agrarian;

b) the inter-institutional articulation and integration of land use planning and land reform policies to the remaining public policies;

c) the administration and surveillance of the real estate enrollment rural;

d) the systematization of information regarding the occupation, use, agrarian and socio-economic zoning of the rural environment;

and) the implementation of projects regarding discrimination, fundraising, regularization and targeting of public lands;

f) the georreferencing, the measurement and demarcation of rural real estate; and

g) the deployment, development, recovery and consolidation of reform projects agrarian, colonization and too much settlement modalities;

II-Technician in Reform and Agrarian Development: execution of technical support to activities concerning land structure planning and agrarian reform and, more specifically:

a) maintenance and updating of the finalistic systems;

b) collection, systematization and maintenance of data and formations necessary for the planning, monitoring and execution of the actions of spatial planning and land reform;

c) technical support for supervisory actions, surveys, evaluation, georreferencing, measurement and demarcation of rural real estate;

d) geoprocessing of information and elaboration of thematic maps;

e) identification and classification of beneficiaries of agrarian reform;

f) technical support to the actions of deploying basic infrastructure, grant of technical assistance, and articulation of the beneficiaries of the agrarian reform with public and private institutions; and

g) granting and monitoring the application of the credits of the agrarian reform;

III-Administrative Analyst: implementation of top-level administrative and logistical activities concerning the exercise of the constitutional and legal competencies in charge of the INCRA;

IV-Administrative Technician: exercise of administrative and logistic activities of intermediate level relating to the exercise of the constitutional and legal competencies in office of the INCRA.

§ 2º The Carrier Plan posts are organized in classes and standards, in the form of Annex I of this Law, and its standards of basic salary are the constants of Annex II of this Act.

§ 3º The work journey of the Career Plan members is 40 (forty) weekly hours, resurred the amped hypotheses in specific legislation.

Art. 2º The holders of the top level, intermediate and auxiliary positions of the INCRA Staff Framework, referred to in Law No. 7,231 of October 23, 1984, and achieved by Annex V to Law No. 9,367 of December 16 1996, you will be able to opt for the effectivation of the framework of the respective post in the Career Plan referred to in art. 1º of this Law, maintained the denominations and assignments.

§ 1º The occupant servers of the effective proofing positions that it treats the caput of this article will be framed in the Career Plan of the Reform Cargos and Agrarian Development, according to the respective assignments, professional training requirements and relative position in the table, as Table of Correlation of Annex III of this Act.

§ 2º The framework of which treats the caput of this article will give you upon an irretractable option of the active server to be formalized within up to 60 (sixty) days after the publication of this Act, in the form of the option term, constant of Annex IV of this Law, whose financial effects will be vigorously from the date of deployment of the Table of Basic maturities referred to in Annex II of this Act.

§ 3º The occupants of the posts referred to in the caput of this article who do not formalize the option referred to in § 2º of this article will remain in the situation in which they find themselves on the date of the entry into force of this Act, not making jus to the maturities and perks by it established.

§ 4º The time limit for exercising the option referred to in § 2º of this article will be counted from the termination of the remoteness in the cases provided for in the arts. 81 and 102 of Law No. 8,112, of December 11, l990, or from the ticket in office that has been propped up in an ongoing contest on the date of publication of this Act.

§ 5º The provisions of this article apply to the retirees and pensioners, respected the respective situation in the remunerative table at the time of retirement or the institution of the pension.

Art. 3º Ficam created 2,000 (two thousand) positions of Analyst in Reformation and Agrarian Development, 700 (seven hundred) posts of Administrative Analyst, 900 (nine hundred) positions of Technician in Reform and Agrarian Development and 400 (four hundred) positions of Administrative Technician, in the Career Plan of the Cargos of Reformation and Agrarian Development, and 500 (five hundred) positions of Agronomic Engineer in the Federal Agrarian Perito Carrier, in the INCRA Staff Framework, for gradual provement.

Art. 4º It is vetted the redistribution of servers members of the Career Plan of Reform and Agricultural Development Cargos, as well as the redistribution of other servers to the INCRA, from the date of publication of this Act.

Art. 5º About the values of the Table of Basic Salaries, listed in Annex II of this Act, will focus on the index that comes to be granted for the general review title of the remuneration of federal public servants, starting from 2004.

Art. 6º It is due to the servers that integrate the Career Plan of Reform Cargos and Agricultural Development to the individual pecuniary advantage instituted by Law No. 10,698 of July 2, 2003.

Art. 7º The ticket in the positions of the Career Plan of that treats the art. 1º of this Act will be made by prior approval in a public tender of evidence or evidence and securities, in the first maturity standard of the initial class of the respective office.

§ 1º They are admission requirements in the posts members of the Career Plan:

I-for the top level posts, top course at undergraduate level and specific legal habilitation, if it is the case, as defined in the contest's edict; and

II- for intermediate level posts, certificate of completion of high school and specific legal habilitation, if it is the case, as defined in the contest's edict.

§ 2º The public tender referred to in the caput of this article can be organized in 2 (two) steps, including, if it is the case, training course as per the contest's edital, the relevant legislation noted.

Art. 8º The development of the server in the Carrier Plan posts will occur upon functional progression and promotion.

Single paragraph. For the purposes of this Law, progression is the pass of the server to the immediately higher maturity pattern within a same class, and promotion, the server pass from the last standard of a class to the 1º (first) standard of the class immediately superior.

Art. 9º The development of the server in the Carrier Plan posts will observe the following requirements:

I-minimum interstice of 1 (one) year between each progression;

II-performance evaluation;

III-capacity-building; and

IV-qualification and professional experience.

Single paragraph. The promotion and functional progression will comply with the systematic of performance evaluation, capacity-building and qualification and professional experience, as laid out in regulation.

Art. 10. They are minimum prerequisites for promotion to classes of the Career Plan top level posts:

I-for Class B:

a) owning certification in capacity-building events, totaling at minimum 240 (two hundred and forty) hours, and professional qualification with minimum experience of 4 (four) years, both in the specific field of acting for each job; or

b) owning certification in capacity-building events, totaling at minimum 180 (one hundred and eighty) hours, and professional qualification with minimum experience of 6 (six) years, both in the specific field of acting for each job title;

II-for Class C:

a) possess certification in events of empowerment, totaling at least 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 8 (eight) years, both in the specific field of acting of each job title; or

b) possess certification in capacity-building events, totaling at least 240 (two hundred and forty) hours, and professional qualification with minimum experience of 10 (ten) years, both in the specific field of acting of each job;

III-for the Class Special:

a) to be certificate holder of specialization course completion certificate of minimum 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 14 (fourteen) years, both in the specific field of acting for each post;

b) be a master's title holder and professional qualification with minimum experience of 12 (twelve) years, both in the specific field of acting of each post; or

c) being holder of title of doctor and professional qualification with minimum experience of 10 (ten) years, both in the specific field of acting of each job title.

Art. 11. They are minimum prerequisites for promotion to classes of the Intermediate Level Positions of the Career Plan of Reform and Agrarian Development Cargos:

I-for Class B:

a) possess certification in capacity-building events, totaling at least 180 (one hundred and eighty) hours, and professional qualification with minimum experience of 4 (four) years, both in the specific field of acting of each post; or

b) possess certification in capacity-building events, totaling at least 120 (one hundred and twenty) hours, and professional qualification with minimum experience of 6 (six) years, both in the specific field of acting for each job;

II-for Class C:

a) owning certification in capacity-building events, totaling at least 240 (two hundred and forty) hours, and professional qualification with minimum experience of 8 (eight) years, both in the specific field of acting of each job; or

b) possess certification in capacity-building events, totaling at least 180 (one hundred and eighty) hours, and professional qualification with minimum experience of 10 (ten) years, both in the specific field of acting of each post;

III-for the Special Class:

a) owning certification in capacity-building events, totaling at least 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 12 (twelve) years, both in specific field of acting of each post; or

b) possess certification in capacity-building events, totaling at least 240 (two hundred and forty) hours, and professional qualification with minimum experience of 14 (fourteen) years, both in the specific field of acting of each post.

Art. 12. Regulation will define the maximum quantitation of vacancies per class and the specific assignments pertinent to each post.

Art. 13. It is incumbent upon the INCRA to implement permanent program of capacity-building, training and development aimed at ensuring the professionalization of the occupants of the posts of its Staff Board or those who have exercise.

Single paragraph. The permanent capacity-building program will be implemented within up to 1 (one) year, from the date of the completion of the 1º (first) ticket contest, governed by the provisions of this Act.

Art. 14. Up to the date of the edition of the regulation referred to in the single paragraph of the art. 9º of this Act, functional progressions and promotions will be granted by observing the standards applicable to the servers of the Cargo Classification Plan of Law No. 5,645, of December 10, 1970.

Single paragraph. In the counting of the interstice required for promotion and progression, the time computed from the date of the last promotion or progression shall be taken up until the date on which the framing arising from the application of the provisions of § 2º of the art has been made. 2º of this Law.

Art. 15. It is instituted the Gratification of Performance of Agrarian Reform Activity-GDARA, due to the occupants of the Career Plan positions of the Cargos of Reform and Agrarian Development, when in exercise of activities inherent in the tasks of the respective post at INCRA.

Art. 16. GDARA will be assigned depending on the individual performance of the server and the institutional performance of the INCRA.

§ 1º The individual performance evaluation aims to affer the performance of the server in the exercise of the assignments of the job title or function, with a focus on individual contribution to the scope of organizational goals.

§ 2º Institutional performance evaluation aims to affix collective performance in the reach of the goals or ganizational goals, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics.

§ 3º Regulation will have on the general criteria to be observed for the realization of the individual and institutional performance evaluations of GDARA, within up to 180 (one hundred and eighty) days, counted from the date of publication of this Act.

§ 4º The specific criteria and procedures of evaluation of individual and institutional performance and allocation of GDARA will be established in act of the President of the INCRA, observed the current legislation.

§ 5ºA GDARA will be paid with observance of the following limits:

I-max, 100 (hundred) points per server; and

II-minimum, 10 (ten) points per server, corresponding each point to the value set out in Annex V of this Law.

§ 6º The global threshold of scoring monthly by level of which it has the INCRA to be assigned to the servers will correspond to 80 (eighty) times the number of active servers per level that do jus to the GDARA in exercise at the INCRA.

§ 7º Considering the provisions of the § § 1º and 2º of this article, the score regarding GDARA is thus distributed:

I-up to 20 (twenty) percentage points of its maximum limit will be assigned depending on the results achieved in the performance evaluation institutional; and

II-up to 80 (eighty) percentage points of its maximum limit will be assigned depending on the results obtained in the individual performance evaluation.

Art. 17. The effective holder of the Career Plan, in exercise at the INCRA, when invested in office in committee or trust function will make jus à GDARA, under the following conditions:

I-occupants of commissioned positions of Special Nature, DAS 6, DAS 5, or equivalent, will perceive GDARA calculated at its maximum value; and

II-occupiers of commissioned positions DAS, levels 1 a to 4, of confidence function, or equivalent, will have as an evaluation individual and institutional the score ascribe to the institutional evaluation title of the INCRA.

Art. 18. The effective incumbent member of the Career Plan that does not find itself in exercise at the INCRA will make jus à GDARA in the following situations:

I-when requested by the Presidency or V ice-Presidency of the Republic, calculated as if it were in exercise at INCRA; and

II-when yielded to other organs or entities of the Federal Government, as follows:

a) the server vested in charge in committee of Special Nature, DAS 6, DAS 5, or equivalent, will perceive GDARA in value calculated on the basis of its maximum value; and

b) the server invested in office in committee DAS 4, or equivalent, will perceive GDARA in the amount of 75% (seventy five percent) of its maximum value.

Art. 19. As long as the acts referred to in § § 3º and 4º of the art are not redacted. 16 of this Act and until the results of the 1º (first) period of performance evaluation are processed, GDARA will be paid in the values corresponding to 60 (sixty) points per server.

§ 1º The result of 1ª (first) assessment will generate financial effects from the beginning of the 1º (first) evaluation period, and possible differences paid to the greater or the minor.

§ 2º The date of publication in the Official Journal of the Union of the Act to which refers to § 4º of the art. 16 of this Act constitutes the temporal milestone for the beginning of the evaluation period.

§ 3º The provisions of this article apply to the occupiers of commissioned positions who make jus à GDARA.

Art. 20. The GDARA beneficiary active server that obtains in the assessment score of less than 50% (fifty per cent) of the maximum points limit intended for individual assessment in 2 (two) consecutive individual assessments will be immediately submitted to empowerment process, under the responsibility of the INCRA.

Art. 21. For purposes of incorporation to the proceeds of retirement or pensions, concerning servers of the Career Plan of the Cargos of Reform and Agrarian Development, GDARA:

I-only will be due if perceived there are at least 60 (sixty) months; and

II-will be calculated by the arithmetic average of the values perceived in the last 60 (sixty) months prior to the retirement or institution of the pension, consecutive or not.

Art. 22. GDARA will integrate the orderings of retirement and pensions, according to:

I-the average of the values received in the last 60 (sixty) months; or

II-the value corresponding to 30 (thirty) points, when perceived for period of less than 60 (sixty) months.

Single paragraph. To retirements and pensions instituted until the day before the term of this Act applies to the provisions of the inciso II of the caput of this article.

Art. 23. Occupants of the Career Plan posts shall be submitted, periodically, to the performance evaluations, as laid down in the current legislation applicable to the federal public servants and in specific standards to be established in the act of the President of the INCRA, which allow to evaluate the performance of the server in the exercise of the office and within the scope of its area of responsibility or specialty.

Art. 24. The members of the Career Plan of Reform and Agrarian Development Cargos do not make jus at the perception of the following gratuities:

I-Gratification of Performance of GAF Funeral Activity, of which it treats Law No. 9,651, of May 27, 1998;

II-Gratification of Performance of Technical Activity-GDATA, of which it treats Law No. 10,404, of January 9, 2002.

Art. 25. The art. 2º of Law No. 10,550 of November 13, 2002, passes the vigour with the following essay:

" Art. 2º The occupants of the Agronomic Engineer post of the INCRA Personnel Board who integrate the Federal Agrarian Permit Career have for assignments the planning, coordination, orientation, implementation, monitoring and surveillance of Activities compatible with their professional habilitation inherent in the agrarian policies and, more specifically:

I-the survey, assessment and expertise of rural real estate, with views in verifying the fulfillment of the social function of the property, rural real estate indemnification and technical defense in administrative and judicial processes regarding the achievement of rural real estate;

............................................................................................... " (NR)

Art. 26. The Table of Value of the Points of Performance Gratification of the Federal Agrarian Perite Activity-GDAPA, listed in Annex III to Law No. 10,550 of November 13, 2002, passes the invigoration in accordance with the values set out in Annex VI of this Law.

Art. 27. The effective posts of Sanitary and Industrial Inspection Agent of Animal Source and Agrolivestock Activities Agent of the Ministry of Agriculture, Livestock and Supply Board of Personnel are restructured in classes A, B, C and Special, comprising, the 3 (three) first, 3 (three) standards, and, the last, 4 (four) standards, in the form of Annex VII of this Act.

Art. 28. The positioning of the current occupants of the posts referred to in art. 27 of this Law will give as per the correlation set out in Annex VIII of this Act.

Art. 29. The Basic Maturity Table of the posts that it treats art. 27 of this Act is the constant of Annex IX of this Act.

§ 1º On the values of the Annex IX constant table of this Law will, as of January 2004, focus on the index which comes to be granted for the general review title of remuneration of the federal public servants.

§ 2º Is held for the occupying servers of the posts that it treats art. 27 of this Law the individual pecuniary advantage instituted by Law No. 10,698, of July 2, 2003.

Art. 30. The inciso II of the art. 5º of Law No. 10,484 of July 3, 2002, passes the vigour with the following essay:

" Art. 5º .....................................................................................

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

II-the value corresponding to 15 (fifteen) points, when realized for period of less than 60 (sixty) months.

............................................................................................... " (NR)

Art. 31. Completed the financial effects of the last assessment cycle and until that regulation redefines the criteria, procedures and performance evaluation methodology of the agri-enforcement activities of the holders of the Agent posts of Sanitary and Industrial Inspection of Animal Source Products and Agrolivestock Activities Agent of the Ministry of Agriculture, Livestock and Supply, the Gratification of Performance of Supervisory Technical Activity Agropecuaria GDATFA will be paid in the value corresponding to 80 (eighty) points to the active servers of which it treats art. 27 of this Act, including those invested in Technical Commissioned Functions-FCT and Gratified Functions-FG and the occupants of charge in committee.

§ 1º The unit value of the GDATFA point, set in the Annex to Law No. 10,484, of 3 of July 2002, it becomes the constant of Annex X of this Act.

§ 2º The act of which treats the caput of this article will be edited within 180 (one hundred and eighty) days, from the publication of this Law.

Art. 32. It is hereby instituted the Specific Gratification of Publication and Dissemination of the GEPDIN National Press, due to the servers holding effective positions of the National Press Staff Framework, when in exercise of the activities inherent in the respective office or occupier of office or commissioned function, within the framework of the National Press.

§ 1º The perception of GEPDIN will give itself upon the irretreatable option of the active server, the retiree or the respective pensioners, to be formalized within up to 60 (sixty) days after the publication of this Act, in the form of the Annex XI constant option term of this Act.

§ 2º The option referred to in § 1º of this article implies renunciation of the parcels of values incorporated into remuneration by administrative or judicial decision, referring to the Gratification of Performance of Technical-Administrative Activity-GDATA, established by Law No. 10,404 of January 9, 2002, to the supplementation and gratification of supplementary production of which they treat, respectively, § 1º of the art. 2º and the art. 3º of Law No. 10,432 of April 24, 2002 and to the advantage arising from Law No. 5,462 of July 2, 1968, which expires after the signing of the term of option referred to in Paragraph 1º of this article.

§ 3º The holders of the posts referred to in the caput of this article, the retirees and pensioners who do not formalise the option of which it treats § 1º of this article will remain in the situation in which they are found to be on the date of publication of this Act, not by making jus à GEPDIN.

§ 4º The time limit for exercising the option referred to in § 1º of this article, in the cases of servers turned away in the terms of the arts. 81 and 102 of Law No. 8,112 of December 11, 1990 and of servers whose redistribution process for the National Press Staff Framework has commenced up to the date of publication of this Act will be counted, respectively, from the termination of the removal and date of publication of the redistribution act.

§ 5º The provisions of the caput of this article will produce effects from the date of signature of the term of option referred to in § 1º of this article.

Art. 33. GEPDIN will be paid, observed at the level of the post, in accordance with the values set out in Annex XII of this Act.

Art. 34. Holders of effective posts of the National Press Staff Framework who do not find themselves in exercise in that body will only do jus a GEPDIN when:

I-requisitioned by the Presidency or Vice Presidency of the Republic; or

II-occupiers of commissioned positions of Special Nature, DAS 6, DAS 5 and DAS 4, or equivalents.

Art. 35. In the case of the provisions of the caput and in the § § 1º and 2º of the art. 32 of this Law, the servers that opt for the perception of GEPDIN cease to make jus, as of the date of the option, respectively, to GDATA, instituted by Law No. 10,404 of January 9, 2002, to the supplementation and gratification of production supplementary of which they treat, respectively, § 1º of the art. 2º and the art. 3º of Law No. 10,432 of April 24, 2002, and to the advantage arising from Law No. 5,462, of July 2, 1968.

Art. 36. The redistributed servers of the National Press Staff Framework, framed in the art hypothesis of § 2º. 2º of Law No. 10,432 of April 24, 2002, will have the difference between the value of supplementary production gratification and the average GDATA value, observed the level of each server, transformed into nominally identified personal advantage, subject only to the readjustment index applicable to the salaries tables of the federal public servants, in the title of general review of remunerations and subsidies.

Art. 37. The GEPDIN will integrate the precepts of retirements and pensions.

Art. 38. The application of the provisions of this Act to active and inactive servers and pensioners will not be able to imply reduction of remuneration, of proceeds and pensions.

§ 1º In the assumption of reduction of active server remuneration arising of the application of the provisions of this Act, the difference shall be paid for the title of nominally identified personal advantage, to be absorbed on the occasion of the reorganization or restructuring of its remunerative table, grant of readjustments, additional, gratuities or advantage of any nature.

§ 2º Constated the reduction of remuneration, of provenance or pension arising from the application of the provisions of this Act, the difference shall be paid by nominally identified personal advantage, subject exclusively to the update stemming from general review of the remuneration of federal public servants.

Art. 39. The art caput is revoked. 2º and the single paragraph of the art. 3º of Law No. 10,432, of April 24, 2002.

Art. 40. The financial effects arising from the application of this Law retroact to:

I-1º August 2004 in relation to the arts. 1º to 24 and 26; and

II-1º of July 2004 in relation to the arts. 27, 28 and 29 and to Annexes VII, VIII, IX and X.

Art. 41. This Law comes into effect on the date of its publication.

Brasilia, January 7, 2005; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Roberto Rodrigues

Nelson Machado

Miguel Soldatelli Rosseto

José Dirceu de Oliveira e Silva