LEI NO. 10,869, OF May 13, 2004

Altera the Law No. 10,683 of May 28, 2003, which provides on the organization of the Presidency of the Republic and of the Ministries, and it gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

Art. 1º The Law No. 10,683, of May 28 of 2003, it passes the invigorate with the following changes:

" Art. 1º The Presidency of the Republic is constituted, essentially, by the Civil House, by the General Secretariat, the Secretary for Communication of Government and Strategic Management, by the Bureau of Political Coordination and Institutional Affairs, by the Cabinet Personnel and by the Office of Institutional Security.

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" Art. 2º To the Civil House of the Presidency of the Republic shall compete directly and immediately to the President of the Republic in the performance of his assignments, especially in the coordination and integration of the Government's actions, in the prior verification of the constitutionality and legality of the presidential acts, in the analysis of merit, timeliness and compatibility of the proposals, inclusive of the subjects in tramway in the National Congress, with the governmental guidelines as well as in the evaluation and monitoring of governmental action and the management of the organs and entities of the federal public administration, as well as promoting the publication and preservation of the official acts and overseeing and executing the administrative activities of the Presidency of the Republic and, supplement, of the Vice Presidency of the Republic, having as a basic structure the Deliberative Council of the Amazon Protection System, the Higher Council of the Cinema, the National Archive, the National Press, the Cabinet, 2 (two) Secretaries, being 1 (one) Executive, 1 (one) Internal Control body and up to 3 (three) Subchefias. " (NR)

" Art. 2ºA To the Office of Political Coordination and Institutional Affairs of the Presidency of the Republic shall compete directly and immediately to the President of the Republic in the performance of his assignments, especially in the political coordination of the Government, in the conduct of the Government's relationship with the National Congress and the Political Parties and in the interlocalization with the States, the Federal District and the Municipalities, having as basic structure the Cabinet, 1 (one) Deputy Secretariat and up to 2 (two) Subchefias. "

" Art. 6º To the Office of Institutional Security of the Presidency of the Republic compete directly and immediately to the President of the Republic in the performance of his assignments, to prevent the occurrence and to articulate crisis management, in the event of a serious and looming threat to institutional stability, carry out the personal advisor in military and security affairs, coordinate the activities of federal intelligence and information security, ensure, ensured the exercise of police power, by the personal security of the Head of State, the Vice-President of the Republic and their family members, the holders of the essential organs of the Presidency of the Republic, and other authorities or personalities when determined by the President of the Republic, as well as for the safety of the presidential palaces and residences of the President and Vice President of the Republic, having as a basic structure the National Antidrug Council, the Brazilian Intelligence Agency? ABIN, the National Antidrug Registry, the Cabinet, 1 (one) Subkingship and up to 2 (two) Secretaries.

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" Art. 17. ........................................................................

§ 1st The Union's General Controller has as the holder the Minister of State for Control and Transparency, and its basic structure consists of: Cabinet, Legal Advisory, Public Transparency Council and Combat to Corruption, Internal Control Coordination Commission, Sub-controllment-General, Ouvidoria-General of the Union, Federal Office of Internal Control and up to 3 (three) Corregedorias.

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" Art. 25 ........................................................................

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II-from Social Development and Combat to Hunger;

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Single Paragraph Are State Ministers the holders of the Ministries, the Head of the Civil House, the Head of the Security Cabinet Institutional, the Head of the Office of the Communication of Government and Strategic Management, the Head of the General Secretariat of the Presidency of the Republic, the Head of the Secretariat for Political Coordination and Institutional Affairs of the Presidency of the Republic, the Advocate General of the Union and the Minister of State for Control and Transparency. " (NR)

" Art. 27 ........................................................................

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II-Ministry of Social Development and Combat à Hunger:

a) national social development policy;

b) national food and nutritional security policy;

c) national social assistance policy;

d) national citizenship income policy;

e) articulation with the federal, state, federal and municipal governments and civil society in the establishment of guidelines for national development policies social, food and nutritional security, citizenship and social assistance income;

f) articulation between the policies and programs of the federal, state, federal and municipal governments and the actions of society civil development linked to social development, food production, food and nutrition, citizenship income and social assistance;

g) guidance, monitoring, evaluation and supervision of plans, programmes and relative projects to the areas of social development, food and nutritional security, of citizenship and social assistance income;

h) standardization, guidance, supervision and evaluation of the implementation of social development policies, food and nutritional security, citizenship and social assistance income;

i) management of the National Social Assistance Fund;

j) coordination, supervision, control and evaluation of the operationalization of income transfer programs;

l) approval of the general budgets of the Social Service of Industry-SESI, of the Social Service of Trade-SESC and the Social Service of Transport-SEST;

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" Art. 29. ........................................................................

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II-of the Ministry of Social Development and Combat à Hunger the National Council for Social Assistance, the Council for the Articulation of Social Programs, the Gestor Council of the Bolsa Familia Program, and up to 5 (five) Secretaries;

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§ 4º To the Council for the Articulation of Social Programs, chaired by the Minister of State for Social Development and Combat to Fome and Compound in the form established in regulation by the Executive Power, it competes to propose mechanisms for articulation and integration of social programs and follow up with its implementation.

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Art. 2º It is created the Secretariat of Political Coordination and Institutional Affairs of the Presidency of the Republic.

Art. 3º Are transformed:

I-the Ministry of Social Assistance in Ministry of Social Development and Combating Hunger;

II-the Interministerial Manager Council of the Program Exchange Family of the Presidency of the Republic in Gestor Council of the Program Bolsa Family of the Ministry of Social Development and Combating Hunger.

Art. 4º Are transferred the competences:

I-from the Office of the Minister of State Extraordinary of Food Safety and Combating Hunger, relating to the formulation and coordination of the implementation of the National Food and Nutritional Security Policy, to the articulation of civil society participation in the establishment of Policy Guidelines National Food and Nutritional Security, promotion of the articulation between the policies and programs of the federal, state and municipal governments and civil society actions linked to food production, food and nutrition, and the establishment of guidelines, supervision and monitoring of the implementation of programs under the National Food and Nutritional Security Policy, for the Ministry of Social Development and Combat to the Famine;

II-of the Civil House of the Presidency of the Republic, concerning the political coordination of the Government, the relationship with the National Congress, the interlocalization with the States, the Federal District and the Municipalities and the Political Parties, for the Registry of Policy Coordination and Institutional Affairs of the Presidency of the Republic;

III-of the Secretariat-Executive of the Council's Interministerial Manager of the Programme Exchange Family of the Presidency of the Republic to the Ministry of the Social Development and Combat to the Famine.

Art. 5º Are transferred to Subheads of Parliamentary Affairs and the Subheads of Federative Affairs of the Civil House of the Presidency of the Republic to the Registry of Political Coordination and Institutional Affairs of the Presidency of the Republic.

Art. 6º Ficam extinct:

I-the Office of the Minister of State Extraordinary Food Safety and Combat Hunger;

II-the Council of the Community Solidaria Programme and the Executive Secretariat of the Community Solidary Programme, of the Cabinet of the Minister of State Extraordinary of Food Security and Combat to the Famine;

III-the Executive Secretariat of the Interministerial Manager Council of the Program Exchange Family of the Presidency of the Republic.

Art. 7º It is created the post of the Chief Minister of State Secretariat of Political Coordination and Institutional Affairs of the Presidency of the Republic.

Art. 8º Ficam created 1 (one) post of special nature of Subchief, in the Civil House of the Presidency of the Republic, and 1 (um) job of special nature of Deputy Secretary-General, at the Office of the Political Coordination and Institutional Affairs of the Presidency of the Republic, both with the remuneration set by the single paragraph of the art. 39 of Law No. 10,683, of May 28, 2003.

Art. 9º It becomes transformed the post of Minister of State for Social Assistance in Minister of State for Social Development and Combat to the Famine.

Art. 10. They become extinct the posts of Minister of State Extraordinary of Food Security and Combat to Hunger and Executive Secretary of the Cabinet Office of the Minister of State Extraordinary of Food Safety and Combat to the Famine.

Art. 11. They are created, for immediate care of the needs of the organs and entities of the federal public administration and of the remaining bodies created or transformed by this Act, the following posts in committee of the Group-Direction and Higher Advisor and the following Gratified Functions-FG:

I-11 (eleven) DAS-6;

II-70 (seventy) DAS-5;

III-280 (two hundred and eighty-eighty) DAS-4;

IV-260 (two hundred and sixty) DAS-3;

V-480 (four hundred and eighty) DAS-2;

VI-220 (two hundred and twenty) DAS-1;

VII-1,175 (thousand, one cent and seventy and five) FG-1;

VIII-198 (one hundred and ninety-eight) FG-2; and

IX-99 (ninety-nine) FG-3.

Art. 12. Paragraph 1º (c of the inciso III of § 1º of the art. 1º of Law No. 10,470 of June 25, 2002, passes the vigour with the following essay:

" Art. 1º ........................................................................

§ 1º .......................................................................................

III- ....................................................................................

c) 65% (sixty-five per cent) of the remuneration of Cargos in Special Nature Commission, of the DAS Group, levels 4, 5 and 6, and of the CD, levels 1, 2, 3 and 4.

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Art. 13. The patrimonial of the extinguished organs, transformed, transferred, incorporated or dismembered by this Law shall be transferred to the Ministries, organs and entities that have absorbed the corresponding competences.

Single paragraph. The framework of effective servers of the organs of which it treats this article will be transferred to the Ministries and bodies that have absorbed the corresponding competences.

Art. 14. It is the Executive Power authorized to redeploy, transpose, transfer or use the budgetary allocations approved in the 2004 Budget Law in favour of the extinct, processed, transferred, incorporated or dismembered organs by this Law, upheld the same functional classification-programmatic, expressed by programming category at its lowest level, as defined in the art. 4th, § 2nd, of the Law no 10,707, of July 30, 2003, inclusive of titles, descriptors, goals and objectives, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities, and identifiers of use.

Art. 15. They are transferred to the organs that have received the relevant assignments and their holders the competencies and incumbencies established in general or specific laws to the processed organs, transferred or extinguished by this Law or their holders.

Art. 16. The Executive Power shall have, in decree, in the regimental structure of the Ministries, of the essential organs, of the direct and immediate advising bodies to the President of the Republic, Special Secretaries of the Presidency of the Republic, of the Advocacy-General of the Union and the Controller-General of the Union, on the competencies and assignments, denomination of the units and specification of the posts.

Art. 17. The Executive Power shall have on the organization, reorganization, denomination of posts and functions and functioning of the organs and entities of the direct, municipal and the Federal public administration, upon approval or processing of the regimental structures.

Art. 18. Until the regimental structures of the essential organs and advising of the Presidency of the Republic, the Special Secretaries of the Presidency of the Republic and the Ministries are approved, the structures, competences, the assignments, the denomination of the units and the specification of the respective posts, beholstered on December 31, 2003, observed the amendments made by this Act.

Single paragraph. The positions in committee members of the structure of the organs of which they treat the incisos II and III of the art. 6th of this Law becomes remanded to the Ministry of Social Development and Combat to the Famine.

Art. 19. The expenses arising from the provisions of this Act shall run to the account of the budgetary allocations laid down in the Union Budget.

Art. 20. This Act comes into force on the date of its publication.

Art. 21. The art is revoked. 26, the point l of the inciso XVII of the art. 27 and the art. 37 of Law No. 10,683, of May 28, 2003.

Brasilia, May 13, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

José Dirceu de Oliveira e Silva