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Decree No. 4689, Of 7 May 2003

Original Language Title: Decreto nº 4.689, de 7 de Maio de 2003

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DECREE NO. 4,689, OF May 7, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission of the National Institute of Information Technology-ITI, 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 art. 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1st Stay approved the Regimental Structure and the Letters Demonstration of Cargos in Commission of the Institute National of Information Technology-ITI, the organ linked to the Civil House of the Presidency of the Republic, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to 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 Superiors Superiors-DAS:

I-of the Management Office, of the Ministry of Planning, Budget and Management for the ITI, four DAS 102.3 and five DAS 102.1; and

II-of the ITI for the Management Office, of the Ministry of Planning, Budget and Management, four DAS 101.3 and five DAS 101.1.

Art. 3rd The apostilaments arising from the approval of the Regimental Structure of which it treats art. 1st shall occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Director-Chairman of the ITI shall publish, 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 Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant posts, their denomination and their respective level.

Art. 4 ° The internal ITI regiment will be approved by the Minister of State Head of the Civil House of the Presidency of the Republic and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5th This Decree enters into vigour on the date of its publication.

Art. 6th It is hereby revoked the Decree No. 4,500, of December 4, 2002.

Brasilia, May 7, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA
José Dirceu de Oliveira e Silva
Guido Mantega

REGIMENTAL STRUCTURE
OF THE NATIONAL INSTITUTE OF INFORMATION TECHNOLOGY

CHAPTER I
OF NATURE AND COMPETENCE

Art. 1st The National Institute of Information Technology-ITI, federal municipality created by art. 12 of the Provisional Measure No. 2.200-2 of August 24, 2001, with registered office and venue in the Federal District, bound, in the form of the Decree No. 4,566, 1º January 2003, to the Civil House of the Presidency of the Republic, with the purpose of being the Authority Root Certifier-AC Root, of the Brazilian Public Key Infrastructure-ICP-Brazil, has the following competencies:

I-carry out the certification policies and technical and operational standards approved by the Committee IP-Brasil;

II-propose the review and update of the technical and operational standards approved by the ICP-Brasil; Gestor Committee;

III-manage the Certificates of the Authorities Level certifying immediately subsequent to yours, including issuance, dispatch, distribution and revocation of these documents;

IV-manage the list of certificates issued, revoked and overdue;

V-perform the supervisory and auditing activities of the Certifying Authorities-AC, Registrar Authorities and the ICP-enabled service providers-Brazil, in compliance with the guidelines and standards techniques established by the ICP-Brazilian Gestor Committee;

VI-apply sanctions and penalties, in the form of the law; and

VII-issue certificate for the operation of the AC, AR and the support service providers from ICP-Brazil.

Single paragraph. It is also incumbent on the ITI:

I-promoting the relationship with congenic institutions in the Country and abroad;

II-celebrate and follow up on the execution of congeniums and international agreements of cooperation, in the field of public key infrastructure activities and related areas, heard the Gestor Committee of ICP-Brazil;

III-stimulate participation of universities, educational institutions and private initiative in research and development, in the activities of interest of the area of information security and public key infrastructure;

IV-stimulate and articulate scientific and development research projects technology aimed at the broadening of digital citizenship, through the use of digital certification and signature or other technologies that guarantee the privacy, authenticity and integrity of electronic information; and

V-carry out other assignments that are committed to you by the Gestor Committee of ICP-Brazil.

CHAPTER II
OF THE ORGANIZATIONAL STRUCTURE

Art. 2nd ITI has the following organizational structure:

I-bodies of direct and immediate assistance to the Director-President:

a) Cabinet; and

b) Specialized Federal Prosecutor's Office;

II-sectional organ: General Coordinate Planning, Budget and Administration;

III-specific organs:

a) Key Board of Infrastructure Public; and

b) Directorate of Audit, Surveillance and Normalization.

CHAPTER III
OF THE DIRECTION AND APPOINTMENT

Art. 3rd ITI is directed by a Director-President and by two Directors.

§ 1º The Director-President and the Directors are appointed by the President of the Republic, by appointment of the Minister of State Chief of the Civil House of the Presidency of the Republic.

§ 2º The Chief Prosecutor's Office shall be appointed by indication of the Union Advocate General.

CHAPTER IV
OF THE COMPETENCE OF THE ORGANS

Section I
Of The Assistance Organs Direct and Immediate to the Director-President

Art. 4th To the Cabinet competes:

I-attend the Director-Chairman of the ITI on his social political representation and occupy himself with the communication social and the preparer of your administrative expedient;

II-provide for the publication and dissemination of ITI's interest subjects;

III-coordinate the planning and drafting of the Agenda of dispatches and hearings of the Director-President;

IV-provide for the fulfillment of the consultations and the requirements formulated by the National Congress, forwarded by the Civil House of the Presidency of the Republic;

V-follow up on the tramping of ITI-specific interest projects in the National Congress; and

VI-carry out other activities determined by the ITI Director-President.

Art. 5th To the Specialized Federal Prosecutor's Office, as the executor organ of the Federal Attorney General, competes:

I-exercise the judicial and extrajudicial representation of the ITI, acting on the processes in which Autarquia is author, ré, opponent or assistant;

II-comply and ensure compliance with the normative guidelines emanating from the Federal Attorney General;

III-render direct and immediate advice to the Director-President and the organs of the ITI's Regimental Structure, in the affairs of a legal nature, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73 of February 10, 1993;

IV-examine and approve minutes of bidding editions, of instrument of contracts, of congeniums and of other acts creators of rights and obligations, which should be concluded by the ITI;

V-analyse and present solutions on issues raised by the application of the laws and regulations regarding activities developed by the ITI;

VI- examine and issue opinions on projects of normative acts to be dispatted or proposed by the ITI;

VII-ascertain the liquidity and certainty of the credits of any nature, resulting from the activities implemented by the ITI, enrolling them into active debt, for the purposes of friendly or judicial collection; and

VIII-carry out other activities determined by the ITI Director-President.

Section II
Of The Body Sectional

Art. 6th To the Coordination-General of Planning, Budget and Administration compete to plan, coordinate and supervise the execution of the activities related to the Civil Personnel Systems of the Federal Administration-SIPEC, Organization and Administrative Modernization-SOMAD, Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, of Federal Accounting and of Financial Administration, within the framework of the ITI.

Section III
Of The Specific Organs

Art. 7th To The Public Key Infrastructure Directorate competes:

I-directing the operation of AC Root;

II-guiding the drafting of operational standards and procedures of AC Root and Information Security for the ITI;

III-propose the hiring of projects concerning the operationalization of AC Root, to be performed with resources of the ITI;

IV-propose the celebration of congeniums, agreements, adjustments and other congenic instruments of technical cooperation, in the framework of your acting;

V-coordinate and perform the issuance of certificate to the level AC immediately subsequent to that of the AC Root of ICP-Brasil; and

VI-carry out other determined activities by ITI Director-President.

Art. 8th To the Directorate of Audit, Surveillance and Normalization competes:

I-plan, coordinate, supervise, execute, evaluate and control the activities related to auditing, surveillance and normalization in the framework of ICP-Brazil and with the definition of the various object identifier-OID;

II-acting as an accreditation of audit firms and auditors independent for provision of services to ICP-Brasil;

III-propose the celebration of congeniums, agreements, adjustments and other congenic instruments of technical cooperation, in the framework of their performance;

IV-draw up proposals for revising the technical and operational standards approved by the ICP-Brasil; Gestor Committee; and

V-carry out other activities determined by the ITI Director-President.

CHAPTER V
OF THE ASSIGNMENTS OF THE LEADERS

Section I
Of The Director-President

Art. 9th To The Director-Chairman of ITI incumbent:

I-represent Autarquia;

II-requisite, to have exclusive exercise in the Public Key Infrastructure Directorate, for period not more than one year, servers, civil or military, and employees of organs and integral entities of the direct and indirect Federal Administration, whatever the duties to be exercised;

III-appoint and exonerate servers, probing the posts effective and, as ministerial delegation, those in committee and gratified functions, as well as exercise the disciplinary power under current legislation;

IV-refer to the Civil House of the Presidency of the Republic to accountability, for the purposes of forwarding to the Court of Union Accounts;

V-sign contracts, arrangements, agreements, adjustments and other congenic instruments, as well as order expenses;

VI-proofing decisions in accreditation processes of AR, AR and support service providers;

VII-avocar, for decision or review, subjects inherent in the integral organs of the Regimental Structure of the ITI, without prejudice to the continuity of the exercise, by the same organs, of the attributions therein;

VIII-exercise the hierarchical command in the framework of the ITI;

IX-delegate any of its assignments to the Directors, either individually or collectively, save that of inciso II and those which, by their very nature or by legal sealing, may only be by it implemented privately;

X-participate in the Electronic Government activities and initiatives, as a member of its Executive Committee; and

XI-carry out other activities, within the framework of its assignments, observed the guidelines set by the Chief Minister of State Civil House of the Presidency of the Republic and by the Gestor Committee of ICP Brazil.

Section II
Of the remaining Leaders

Art. 10. To the Chief of Staff, the Chief Prosecutor, the Directors and the remaining leaders it is incumbent on planning, directing and coordinating the implementation of the activities of the respective units and to exercise other assignments that are committed to them.

CHAPTER VI
OF THE GENERAL PROVISIONS

Art. 11. In the execution of its activities, the ITI will be able to act directly or indirectly upon contracts, arrangements, agreements, adjustments or other congenneric instruments, in the Country and abroad, observed the provisions of the single paragraph, incisors I, II, III and IV, of the art. 1º of this Annex.

Art. 12. The accounting, financial, budgetary, operational, equity, monitoring of the programmes and the evaluation of the management of the ITI administrators will be carried out by the Office of the Internal Control of the Civil House of the Presidency of the Republic.

Art. 13. The Director-Chairman of the ITI will be replaced, in his impediments and legal departments, by the Director of Public Key Infrastructure.

Single paragraph. In the cases of impediments and coincidental legal apartments of the Director-President of the ITI and the Director of Public Key Infrastructure, the former will be replaced by the Director of Audit, Surveillance and Normalization.

Art. 14. To the requisitioned in the terms of art. 9th, inciso II, of this Annex, are ensured all rights and advantages to which they make jus in the organ or entity of origin, considering the period of application for all the effects of functional life, as effective exercise in the post, post, graduation or employment that you occupy in the organ or in the entity of origin.

Art. 15. The internal regiment will define the detailing of the ITI's integral units, the competences of the respective units and the assignments of their leaders.

Art. 16. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the Director-President of the ITI.