Decree No. 4785 Of July 21, 2003

Original Language Title: Decreto nº 4.785, de 21 de Julho de 2003

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DECREE NO. 4,785, OF July 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Controller-General of the Union, 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, and with a view to the provisions of the arts. 47 and 50 of the Law no 10,683, of May 28, 2003,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Controllment-General of the Union, in the form of the Annexes I and II to this Decree.

Art. 2º On the basis of the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Higher Assessors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of Management Planning, Budget and Management, for the Controller-General of the Union: four DAS 101.5; six DAS 101.4; two DAS 102.5; six DAS 102.4; twelve DAS 102.3; and five DAS 102.1; and

II-of the Union Controller-General for the Management Office, of the Ministry of Planning, Budget and Management: three DAS 101.3; nine DAS 102.2; and two FG-1.

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

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Control and Transparency will make publishing, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Higher Advising-DAS referred to in Annex II, indicating, including, the number of vacant posts, its denomination and its respective level.

Art. 4º The internal regiment of the Controllment-General of the Union shall be approved by the Minister of State for Control and Transparency 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. 4,490, of November 28, 2002.

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

LUIZ INACIO LULA DA SILVA

Guido Mantega
Waldir Pires

REGIMENTAL STRUCTURE OF THE CONTROLLSHIP GENERAL OF THE UNION

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1º The Controller-General of the Union, central body of the Internal Control System of the Executive Power Federal and integral to the structure of the Presidency of the Republic, directed by the Minister of State for Control and Transparency, has as the competence to attend directly and immediately the President of the Republic in the performance of his assignments, as to the matters and arrangements that, within the framework of the Executive Power, are achievable to the defense of public heritage and to the increment of management transparency, through the activities of internal control, public audit, correctness and ousever-general.

Art. 2 ° Compete, still, to the Controller-General of the Union:

I-give due progress to the reasoned representations or complaints that it receives, concerning injury, or threat of injury, to the public heritage, velveting by its integral deslinde; and

II-exercise the technical supervision of the organs that make up the Internal Control System of the Federal Executive Power, providing, as the Central Body, the guidance normative that judging necessary.

§ 1º To the Union's Controller-General, by its holder, whenever it finds omission from the competent authority, it fulfils to request the establishment of syndication, procedures and processes administrative others, and avocate those already under way in organ or entity of the Federal Public Administration, to correct them ongoing, including by promoting the application of the administrative penalty cableway.

§ 2º It complies with the Union's Controller-General, in the hypothesis of § 1º, to institute syndication or administrative proceedings or, as the case may be, to represent the President of the Republic to ascertain the omission of the responsible authorities.

§ 3º The Controller-General of the Union shall refer to Advocate General of the Union the cases that set administrative improbity and all how many recommend the unavailability of goods, the ressaration to the erarium and other arrangements to be held from that organ, as well as will provoke, where necessary, the acting of the Court of Auditors of the Union, of the Registry of the Federal Revenue Officer, of the organs of the Internal Control System of the Federal Executive Power and, when there are indications of criminal liability, of the Federal Police Department and the Public Prosecutor's Office, including as for representations or complaints that appear manifestly slanderous.

§ 4º Include among the administrative procedures and processes of the establishment, and avocation, provided to the Union Controller-General of the Union, those object of Title V of Law No. 8,112 of December 11, 1990 and of Chapter V of Law No. 8,429 of June 2, 1992, as well as others to be developed, or already in course, in organ or entity of the Federal Public Administration, provided that related to the injury, or threat of injury, to the public heritage.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 3º The Union's Controller-General's Office has the following organizational structure:

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

a) Cabinet;

b) Legal Advising; and

c) Subcontroladorian-General of the Union:

1. Instructional Board;

2. Directorate of Internal Management; and

3. Systems and Information Directorate;

II-specific organs singular:

a) Ouvidoria-General of the Republic;

b) Internal Affairs of the Economic Area;

c) Internal Affairs of the Social Area;

d) Internal Affairs of the Infrastructure Area; and

e) Federal Office of Internal Control:

1. Audit Board of Economic Area Programs;

2. Directorate of Audit of Social Area Programs;

3. Board of Audit of Infrastructure Area Programs Audit;

4. Board of Directors of Administration Area Programs;

5. Board of Strategic Planning and Evaluation of Control Actions; and

6. Special Audit and Personnel Board;

III-decentralized units: Units of the Union-General Control in the States;

IV-collegiate bodies:

a) the Public Transparency Council and Combat to Corruption; and

b) Internal Control Coordination Commission.

CHAPTER III

OF THE COMPETENCE OF THE ORGANS

Section I

From the Direct and Immediate Assistance Bodies to the Minister of State

Art. 4º To the Cabinet of the Minister of State competes:

I-watch the Minister of State in the framework of his acting, including in his functional, political and social representation;

II-incumbent upon the prepared-and-dispatch of the expedient of the Minister of State and its agenda of audiences;

III-deal with public relations and support the holding of events of the Minister of State with national and foreign representations and authorities;

IV-plan, coordinate and supervise the development of the media activities of the Union Controller-General of the Union;

V-follow up the progress of the projects of interest of the Union Controller-General of the Union, in tramway in the National Congress;

VI-provide for the fulfillment of the consultations and the requirements formulated by the National Congress, the Judiciary Branch and the Public Prosecutor's Office; and

VII-carry out other determined activities by the Minister of State.

Art. 5º À Legal Advising competes:

I-provide advice and advice to the Minister of State on matters of a legal nature;

II-assist the Minister of State in internal control of the legality of the acts to be by him practiced or already effectuated;

III-provide legal advice, by determination of the Minister of State, to the organs of the Union's Controller-General;

IV-elaborate studies on legal topics, when requested, and examine bills of law, interim measures, decrees and other normative acts of interest of the Controllment-General of the Union;

V-issue opinion in the representations and denunciations forwarded to it, by determination of the Minister of State, suggesting the necessary arrangements;

VI- prepare information for instruction of judicial proceedings of interest of the Union Controller-General of the Union;

VII-propose the declaration of nullity of administrative act practiced in the framework of the Controller-General of the Union;

VIII-examine, prior and conclusively, within the framework of the Union's Controller-General, the texts of bidding and contract editions, congeniums, agreements or congenital acts, to be concluded and published, well as the acts by which it is going to recognize the inexigibility, or decide by the dispensation, of bidding; and

IX-carry out other activities determined by the Minister of State.

Art. 6º The Subcontroladoria-General of the Union competes:

I-assist the Minister of State in the supervision and coordination of the activities of the member units of the Union Controller-General of the Union;

II- assist the Minister of State in the definition of guidelines and in the implementation of the actions of the areas of competence of the units of the Union Controller-General of the Union;

III-assist the Minister of State in the coordination of the processes of strategic planning, organisation and institutional evaluation;

IV-propose to the Minister of State to initiate the corrective procedure;

V-forward to the Advocacy-General of the Union the cases that set administrative improbity and all how many recommend the unavailability of goods, the ressaration to the erarium and other arrangements borne by that Institution, when necessary to the protection of the estate public;

VI-provoking, where necessary, the acting of the Court of Auditors of the Union, of the Registry of the Federal Revenue Office, of the organs of the Internal Control System of the Federal Executive Power and, in cases where there is evidence of criminal liability, of the Federal Police Department and the Public Prosecutor's Office, including for representations or complaints that appear to be manifestly slandering;

VII-supervising and coordinating the studies related to the drafting of law forefathers, interim measures, decrees, normative instructions and other normative acts to be proposed, for compliance by the organs of the Internal Control System of the Federal Executive Power, or with a view to preventing the repetition of verified irregularities in procedures analyzed in the area of its competence; and

VIII-carry out other activities determined by the Minister of State.

Art. 7º The Directorate of Instruction competes:

I-propose the realization of the initial representations, objecting to the ascertainment, of craft or as a result of representations or denunciations received, of occurrences related to injury or threat of injury to public heritage;

II-follow up and control the fulfillment of the required representations, scrutinizing the fulfillment of deadlines;

III -analyze the forwarded processes for representations, objecting to the requisition of other systemic data that could contribute to their analysis; and

IV-analyze the information received and propose the forwarding of the procedures to be adopted.

Art. 8º To the Directorate of Internal Management competes:

I-plan and coordinate, in articulation with the Office of the Civil House Administration of the Presidency of the Republic, the implementation of the activities related to the systems of organization and administrative modernization, human resources management, general services, planning and budget of the Union Controller-General of the Union;

II-promote the elaboration and consolidation of the plans and programs of the activities of their area of competence and submit them to the top decision; and

III-supervise, coordinate, control, and follow up, the administrative activities of the organs of the Controller-General of the Union in the states.

Art. 9º To the Directorate of Systems and Information competes:

I-plan, coordinate and control the data modelling activities, development, deployment, user training, evaluation and maintenance of information systems and informatics resources;

II-support and participate in the application of the methodology of strategy and data analysis and make available information supporting the process of strategic decision making;

III-promoting in articulation with other bodies of the Federal Public Administration, the integration of information systems of interest of the Union Controller-General of the Union;

IV-develop, deploy and provide maintenance to computerized systems for control of the plans and programs of the Union's Controller-General;

V-plan, coordinate and control the arrangements and contracts, referring to the use of the information systems, firmed up with organs and entities of the Public Administration, private entities and international bodies; and

VI-plan, coordinate and control the prospecting activity of new technologies aimed at the area of information.

Section II

Of The Singular Specific Organs

Art. 10. To the Ouvidoria-General of the Republic compete:

I-appreciate and deliver opinion on manifestations and representations relating to procedures and actions of public servants, bodies and entities of the Federal Executive Power;

II-propose the adoption of measures for the correction and prevention of failures and omissions of those responsible for the inadequate provision of the public service;

III-produce indicative statistics of the level of satisfaction of the users of the public services provided within the Federal Executive Power, from incoming rallies;

IV-contribute to the spread of the forms of popular participation in the monitoring and surveillance of the provision of public services;

V-congregate and guide the acting of the other units of hearing of the organs and entities of the Federal Executive Power; and

VI-carry out other activities determined by the Minister of State.

Art. 11. To the Corregedories of the Economic, Social and Infrastructure Areas Compete, in their respective areas of acting:

I-analyze and issue opinion, under the supervision of the Subcontroladoria-General, on the representations and the complaints that are forwarded to them;

II-institute and conduct, by determination of the Minister of State, or of trade, the correctional procedures to establish irregularities practiced within the scope of the Executive Power Federal;

III-promote inspections to instruct ongoing procedures within the framework of the Union's Controller-General;

IV-propose to the Subcontroladoria-General to establish syndication or disciplinary administrative procedure, when verified the omission of the responsible authority;

V-effecting the permanent surveillance of the information provided by the organs of the Federal Executive Power, about the course of the syndications and administrative processes instituted to establish irregularities, and keep up to date updated from punishments imposed on the grounds of the practice of irregular procedure or action;

VI-propose to requisition of perishes or expert lauds of organs and entities of the Federal Public Administration, and may indicate the necessary servers for the provision of the services related to the ongoing procedures or in the phase of introduction;

VII-propose to the Subcontroladoria-General the forwarding to Advocate General of the Union of cases that set administrative improbity and all how many recommend the unavailability of goods, the mishandling of the erarium and other arrangements to be held from that Institution, when necessary to the protection of the public patrimony;

VIII-propose to the Subcontroladoria-General the provocation, where necessary, of the acting of the Court of Auditors of the Union, of the The Office of the Federal Revenue Officer, the organs of the Internal Control System of the Federal Executive Power and, when there are indications of criminal liability, of the Federal Police Department and the Public Prosecutor's Office, including as to representations or complaints that appear manifestly slandering;

IX-follow up the application of the decisions coming from the internal and external control bodies, promoting records of those responsible;

X-track the actions developed by the organs and integral entities of the public resource management systems, as well as the actions of the managers responsible for the management of the Multiannual Plan's integral programmes;

XI-propose the constitution of Working Groups, aiming to examine and suggest measures regarding the ascertaining of irregularities or the correction of faults;

XII-propose to the Subcontroladoria-General changes of diplomas legal and normative instruments, aiming to strengthen the mechanisms of control and prevent the occurrence of irregularities or their repetition; and

XIII-carry out other activities determined by the Minister of State.

Art. 12. To the Federal Office of Internal Control competes:

I-perform the operational functions of the Internal Control System of the Federal Executive Power;

II-propose to the Minister of State to standardization, systematization and standardization of the operational procedures of the organs and integral units of the Internal Control System of the Federal Executive Power;

III-coordinate the activities that require integrated actions of the organs and units of the Internal Control System of the Federal Executive Power;

IV-assist the Minister of State in the technical supervision of the activities performed by the organs and the units members of the Internal Control System of the Federal Executive Power;

V-overseeing the consolidation of the work plans of the internal audit units of the entities of the Federal Public Administration indirect;

VI-supporting the Minister of State in the institution and maintenance of information system for the exercise of the finalistic activities of the Internal Control System of the Federal Executive Power;

VII-provide information to the Minister of State on the performance and functional conduct of the servants of the career Finance and Control;

VIII-provide grants to the Minister of State in the verification of the consistency of the data contained in the Fiscal Management Report, as disposed of in the art. 54 of the Supplementary Act No. 101 of May 4, 2000;

IX-assisting the Minister of State in the drafting of the annual accountability of the President of the Republic to be forwarded to the National Congress, pursuant to the provisions of the art. 84, inciso XXIV, of the Constitution;

X-exercise the control of the credit, guarantee, guarantees, rights and assets of the Union;

XI-evaluate the performance of the internal audit of the indirect Federal Public Administration entities;

XII-plan, coordinate, control, and evaluate the internal control activities of its administrative units and of the decentralized units of the Controllment-General of the Union;

XIII-check the observance of the limits and conditions for carrying out credit operations and enrolment in Remains a Paying;

XIV-check and evaluate the adoption of measures for the return of total expenditure with personnel to the limit of which they treat the arts. 22 and 23 of the Supplementary Act No. 101, of 2000;

XV-check the adoption of arrangements for the reconduct of the amounts of consolidated and furnished debts to the limits of which it treats art. 31 of the Supplementary Act No. 101, of 2000;

XVI-check the targeting of resources obtained with the disposal of assets, in view of the constitutional restrictions and those of the Supplementary Law No. 101, of 2000;

XVII-assess the fulfillment of the targets set out in the Multiannual Plan and the Budgetary Guidelines Act;

XVIII-evaluate the implementation of the Union budgets;

XIX -to scrutinize and evaluate the implementation of government programs, inclusive decentralized actions carried out to the account of resources arising from the Union budgets, as to the level of implementation of the targets and the set objectives and the quality of the management;

XX-provide information on the physical-financial situation of the projects and the activities set out in the Union budgets;

XXI-propose measures to the Minister of State aiming to create conditions for the exercise of social control over the programs contemplated with resources coming from the Union's budgets;

XXII-assist the Minister of State in the afferition of the adequacy of the mechanisms of social control over the programs contemplated with resources coming from the Union's budgets;

XXIII-carry out audits on the management of federal public resources under the responsibility of organs and entities public and private, as well as on the application of grants and revenue renunciation;

XXIV-carry out audits and audits in the accounting, financial, budget, personnel and other systems systems administrative and operational;

XXV-keep up to date the enrollment of federal public managers;

XXVI-ascertaining the acts or facts inked of illegality or wrongdoing, practiced by public or private actors, in the use of federal public resources, giving science to the Minister of State and external control, and communicating, when it is the case, to the unit responsible for accounting, for the arrangements to be able to be made;

XXVII-promote records regarding the setting up of special accounts;

XXVIII-ensure compliance with the provisions of the art. 29 of Law No. 10,180 of February 6, 2001, supervising and coordinating the updating and maintenance of the relevant data and records; and

XXIX-carry out other activities determined by the Minister of State.

Art. 13. The Directors of Audits of Programs of Economic, Social, Infrastructure and Administration Areas Compete to carry out the activities related to the audit process in the programs of the Multiannual Plan and the annual budgets and in the Specific activities of the Ministries, second established in internal regiment, except from the Presidency of the Republic, Advocate General of the Union, the Ministry of Foreign Affairs and the Ministry of Defense.

Art. 14. It is also incumbent on the Directors of which it treats the previous article:

I-perform, in an integrated manner, special audits;

II-follow up and evaluate the performance of the internal audit of the entities of the indirect Federal Public Administration; and

III-perform audits on the management of federal public resource administrators.

Art. 15. The Directorate of Strategic Planning and Assessment of Control Actions competes:

I-coordinate the actions related to the strategic and operational planning and the statistic of the activities of the Federal Registry of Internal Control;

II-carry out the benchmarking of quality and audit procedures, surveillance and other internal control actions;

III-plan, coordinate and supervise the execution of external resource audits;

IV-elaboration of standards and guidance regarding the area of competence of the Internal Control System of the Federal Executive Power;

V-coordinate the evaluate the activities of the technical chambers of specialized audits and evaluation of the audit and audit work of the Internal Control System of the Federal Executive Power; and

VI-proceed to the registry, monitoring and control of the representations, recommendations, judgements, notifications and too much procedural communications, coming from the Court of Auditors of the Union, the Public Prosecutor's Office or other bodies, which enlist control actions of the Registry Federal Internal Control.

Art. 16. The Directorate of Special Audit and Personnel competes:

I-carry out audits and audits in the personnel system;

II-guide and follow the correctness verification activities of the correctness and sufficiency of data concerning admission and disbanding of personnel and the granting of pensions and pensions in the direct, municipal and local Federal Public Administration, as well as to admissions and shutdowns in public companies and mixed-economy societies;

III-draw up government accounts and the monitoring of tax management;

IV-check, certify and control the taking of special accounts;

V-carry out special audits; and

VI-overseeing and evaluating the activities of the technical chambers of specialized audits.

Section III

Das Decentralized Units

Art. 17. The Union-General Control Units in the States shall compete, within the framework of the respective area of acting and under the supervision of the leaders of the competent bodies, the tasks set out in internal regiment.

Section IV

of the collegiated bodies

Art. 18. To the Council on Public Transparency and Combating Corruption, created by Law No. 10,683 of May 28, 2003, it is up to exercise the competences set out in specific regulation.

Art. 19. To the Internal Control Coordination Commission it is up to exercise the competences set out in the art. 10 of Decree No 3,591 of September 6, 2000, as amended by Decree No 4,304 of July 16, 2002.

CHAPTER IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

Of The Sub-Controller-General

Art. 20. The Sub-Controller-General is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the global action plan of Subcontroladoria-Geral;

II-plan, drive, guide, supervise, evaluate and control the implementation of the projects and activities of the Subcontroladoria-Geral;

III-supervise and coordinate the articulation of the units of the Union's Controller-General with the organs of the Presidency of the Republic, of the Vice-Presidency of the Republic, of the Federal Public Administration, direct and indirect, and of the mixed economy societies and their subsidiaries or controlled, when necessary or by determination of the Minister of State;

IV-supervise the planning and execution of the budget activities and administrative affairs of the Union's Controller-General;

V-exercise the supervision and coordination activities of the integral units of the structure of the Controller-General of the Union; and

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

Section II

Of The Demals Leaders

Art. 21. To the Corregers, the Federal Secretary for Internal Control, the Chief of Staff, the Chief of the Legal Advising, the Ouver-General, the Directors and the remaining leaders is to plan, direct and coordinate the implementation of the activities of the respective units and exercise other assignments that are committed to them.

CHAPTER V

OF THE FINAL PROVISIONS

Art. 22. The personnel requisitions to have exercise in the Union's Controller-General will be made through the Civil House of the Presidency of the Republic.

Single paragraph. The requisitions that it treats the caput are undeemable, for indefinite time, and should be promptly met, except in the cases provided for in law.

Art. 23. To the servants and public servants of any body or entity of the Federal Public Administration, placed at the disposal of the Union's Controller-General, all rights and advantages to which they make jus in the organ or entity of origin, inclusive functional promotion.

§ 1º The requested server or public servant will continue contributing to the provident institution to which it is filleted, without interruption of the service time count in the organ or entity of origin.

§ 2º The period in which the server or public servant remains at the disposal of the Union Controller-General of the Union shall be considered, for all the effects of functional life, as effective exercise in office or employment that you occupy in the organ or entity of origin.

§ 3º The promotion referred to in the caput, respected the criteria of each entity, may be granted by the organs of the Public Administration Federal, direct and indirect, without prejudice to the quotas or limits set in the respective personnel regulations.

Art. 24. The role performance in the Union's Controller-General constitutes relevant service and meritless title, for all the effects of the functional life of the server or public servant.

Art. 25. The internal regiment shall define the detailing of the integral units of the Regimental Structure of the Union Controller-General of the Union, the competences of the respective units and the assignments of their leaders.


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