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Law No. 12,677 Of June 25, 2012

Original Language Title: Lei nº 12.677, de 25 de Junho de 2012

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LEI N °- 12,677, June 25, 2012

Disposes on the creation of effective posts, direction of direction and gratified functions within the Ministry of Education, aimed at the federal educational institutions; alters the Laws n °s 8,168, of January 16, 1991, 11,892, of December 29, 2008, and 11,526, of October 4, 2007; repeals the Laws n °s 5,490, of September 3, 1968, and 5,758, of December 3, 1971, and the Decrees-Leis n °s 245, of February 28, 1967, 419, of January 10, 1969, and 530, of April 15, 1969; and gives other providences.

A P R And S I D E N T A D A R E P U B L I C A I do know that the National Congress decrees and I sanction the following Law:

Art. 1 ° Ficam created within the Ministry of Education for redistribution to federal educational institutions:

I-19,569 (nineteen thousand, five hundred and sixty-nine) positions of Professor of 3 ° Grau, members of the Higher Mystery Career, of which it treats Law n ° 7,596, of April 10 from 1987;

II-24,306 (twenty-four thousand, three hundred and six) effective positions of Professor of the Basic, Technical and Technological Education, members of the Career Plan and Cargos of Teaching Basic, Technical and Technological Teaching Act, of which it treats Law No. 11,784, of September 22, 2008;

III-27,714 (twenty-seven thousand, seven hundred and fourteen) positions of technical-administrative staff of the Career Plan of the Technical-Administrative Charges in Education, of which it treats Law No. 11,091, of January 12, 2005, as laid out in Annex I of this Act;

IV-1 (one) post of direction-CD-1;

V-499 (four hundred and ninety nine) directing positions-CD-2;

VI-285 (two hundred and eighty-five) posts of direction-CD-3;

VII-823 (eight hundred and twenty-three) posts of direction-CD-4;

VIII-1,315 (thousand, three hundred, and fifteen) gratified functions-FG-1;

IX-2,414 (two thousand, four hundred and fourteen) gratified functions-FG-2; and

X-252 (two hundred and fifty-two) gratified functions-FG-3.

§ 1 ° The posts and functions created by this Law are intended for the Federal Institutions of Higher Education-IFES, to the Federal Institutes of Education, Science and Technology-IFETs, to the National Institute of Deaf Education, the Benjamim Constant Institute, the Technical Schools and Application Colleges linked to the IFES, the federal centres of technological education and the College Pedro II.

§ 2 ° The authorization for the provement of the effective posts created by this Law, for each federal educational institution, will be staggered by the Ministry of Planning, Budget and Management, in accordance with the fulfillment of the paced goals between the Ministry of Education and the educational institution, especially as to the relationship of students by teacher in regular vocational and technological education or undergraduate education courses.

§ 3 ° Caberá to the Ministry of Education define the distribution between the federal educational institutions of the directing positions and gratified functions of which it treats this Law.

Art. 2 ° The deployment of new teaching units and the provement of the respective positions and gratified functions will depend on the existence of appropriate facilities and financial resources required for their functioning.

Paragraph single. Effective posts, directing positions and gratified functions intended for new teaching units will be the subject of appointment or designation only after the Ministry of Education's portionery expedition authorizing the operation of the unit.

Art. 3 ° Ficam extinct, within the framework of IFES and IFETs:

I-2,571 (two thousand, five hundred and seventy and one) posts of technical-administrative, members of the Career Plan of the Technical-Administrative Cargos in Education, of which it treats Law No. 11,091, of January 12, 2005, related in Annex II of this Act;

II-772 (seventy and seventy two) gratified functions-FG-6;

III-1,032 (thousand, thirty-two) gratified functions-FG-7;

IV-195 (one hundred and ninety five) gratified functions-FG-8; and

V-64 (sixty and four) gratified functions-FG-9.

Paragraph single. The Minister of State for Education, within 90 (ninety) days after the entry into force of this Act, will publish discrimination, by federal institution of education, of the posts and gratified functions extinguished.

Art. 4 ° O § 3 ° of the art. 1 ° of Law No. 8,168, of January 16, 1991, passes the invigoration with the following essay:

" Art. 1 ° ....................................................................................

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

§ 3 ° Powerful being named for direction or designated for gratified function federal public servants of direct, municipal or parent administration not belonging to the permanent framework of the educational institution, respected the limit of 10% (ten percent) of the total posts and functions of the institution.

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

Art. 5 ° The art. 1 ° of Law No. 11,892, of December 29, 2008, passes the invigoration with the following essay:

" Art. 1 ° ....................................................................................

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

IV-Technical Schools Linked to the Federal Universities; and

V-College Pedro II.

Single paragraph. The institutions mentioned in the incisors I, II, III and V of the caput possess legal nature of autarchy, holder of administrative autonomy, patrimonial, financial, didactic-pedagogical and disciplinary. " (NR)

Art. 6 ° The Law n ° 11,892 of December 29, 2008, passes the increased vigour of the following arts. 4o-A, 13-A and 13-B:

" Art. 4 °-A. The College Pedro II is a federal institution of teaching, pluricurricular and multicampi, linked to the Ministry of Education and specialized in the provision of basic education and graduation.

Paragraph single. Pedro II College is equated with the federal institutes for the purpose of the incidence of the provisions governing the autonomy and use of the management tools of the staffing and regulatory framework, evaluation and supervision of the institutions and of the vocational and higher education courses. "

"CHAPTER II-A

DO PEDRO II COLLEGE

Art. 13-A. The Pedro II College will have the same structure and organization of the Federal Institutes of Education, Science and Technology.

Art. 13-B. The school units that currently make up the organizational structure of the Pedro II College pass in an automatic way, regardless of any formality, to the condition of campuses of the institution.

Paragraph single. The creation of new campuses is conditional on the specific authorization expedition of the Ministry of Education. "

Art. 7 ° It is instituted the Commissioned Function of Course Coordination-FCC, to be exercised, exclusively, by servers performing academic coordination activity of technical, technological, undergraduate and postgraduate courses stricto sensu, regularly instituted within the framework of the federal educational institutions.

§ 1 ° Only may be designated for FCC holding office holders of the Higher Ministry Career of which it treats Law No. 7,596, of April 10, 1987, and Teachers of the Ministry of Basic, Technical and Technological Education, members of the Plan de Career and Cargos of Magician of Basic, Technical and Technological Education, of which it treats Law n ° 11,784, of September 22, 2008.

§ 2 ° It is vetted the perception of cumulative FCC with the retribution of gratified functions, board positions or with any other form of retribution for the exercise of office in commission or trust function.

Art. 8 ° Stay created the following Course Coordination Commissioned Functions:

I-to leave of 1 ° July 2012, intended for the Higher Mystery, of which it treats Law No. 7,596, of April 10, 1987: 6,878 (six thousand, eight hundred and seventy eight); and

II-as of 1 ° July 2013, intended for Basic, Technical and Technological Education, of which it treats Law No. 11,784, of September 22, 2008: 9,976 (nine thousand, novecents and seventy six).

Single paragraph. Act of the Minister of State for Education to have the distribution of the FCCs by federal institution of education.

Art. 9 ° The art. 4 ° of Law No. 11,526, of October 4, 2007, passes the invigoration with the following essay:

" Art. 4 ° The total remuneration of the gratified functions of which it treats Law No. 8,216 of August 13, 1991, of the representation gratuities of the Presidency of the Republic, of the Vice-President of the Republic and of the organs that integrate them, of the functions gratified of the federal educational institutions, of the commissioned functions of course coordination, of the gratuities by the cabinet representation, of the gratification of military cabinet function representation of which it treats Law No. 8,460, of 17 of September 1992, of the temporary gratification of which it treats Law No. 9,028, of April 12, 1995, becomes the constant of Schedule III of this Act. " (NR)

Art. 10. Annex III to Law No. 11,526 of October 4, 2007 shall become the invigorate with the amendments set out in Schedule III of this Act.

Art. 11. The proofing of the posts and the designation for the trust functions of which it treats this Act will be done in a staggered manner and conditioned on the proving of the existence of prior budgetary allocation sufficient to meet the expenditure projections of personnel and the accruals of it arising, as laid down in § 1 ° of the art. 169 of the Federal Constitution.

Art. 12. This Act comes into force on the date of its publication.

Art. 13. They shall be repealed:

I-the Decree-Law No. 245, of February 28, 1967;

II-a Law No. 5,490, of September 3, 1968;

III-the Decree-Law n ° 419, of January 10, 1969;

IV-the Decree-Law n ° 530, of April 15, 1969; and

V-a Law n ° 5,758, of December 3, 1971.

Brasilia, June 25, 2012; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Aloizio Mercadante

Miriam Belchior