PROVISIONAL MEASURE NO. 216, OF September 23, 2004

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, amend the Law No. 10,550, of November 13, 2002, reframe the effective posts of Inspection Agent Sanitary and Industrial Products of Animal Source and Agrolivestock Activities Agent of the Ministry of Agriculture, Livestock and Supply and re-adjusts the remunerative plots due to it, Institutes Gratification Specific to Publication and Dissemination of the National Press-GEPDIN, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of 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 the intermediate level positions of Technician in Reform and Agrarian Development and Administrative Technician, members of the personnel framework of the National Institute of Colonization and Agrarian Reform-INCRA, submitted to the regime imposed by Law No. 8,112 of December 11, 1990, observed the provisions of this Provisional Measure.

§ 1º The posts to which the caput refers will have the following assignments:

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

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

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

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

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

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

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

g) the deployment, development, recovery and consolidation of settlement and colonization projects;

II-Technical in Reform and Agrarian Development: implementation of technical support for activities concerning land structure planning and agrarian reform and, more specifically:

a) maintenance and upgrading of systems finalistics;

b) collection, systematization and maintenance of data and information necessary to the planning, monitoring and execution of land use planning and agrarian reform actions;

c) technical support for the surveillance, survey, assessment, georeferencing, measurement and demarcation of rural real estate;

d) geoprocessing of information and thematic map elaboration;

e) identification and classification of beneficiaries of the agrarian reform;

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

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

III-Administrative Analyst: execution of activities top-level administrative and logistics, relating to the exercise of the constitutional and legal competences in charge of the INCRA;

IV-Administrative Technician: exercise of administrative and logistic activities of intermediate level relative, to the exercise of the constitutional and legal competencies in charge of the INCRA;

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

§ 3º The work journey of the Career Plan members is forty hours weekly, 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, 16 of December 1996, you will be able to opt for the effectivation of the framework of the respective post in the Career Plan, which is referred to in art. 1º, held the denominations and assignments.

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

§ 2º The framework of which it treats the caput will give itself upon an irretractable option of the active server to be formalised within sixty days, counting from the duration of this Interim Measurer in the form of the option term, constant of Annex IV, whose effects financial shall apply from the date of deployment of the Table of Basic maturities referred to in Annex II.

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

§ 4º The time limit for exercising the option referred to in § 2º, 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 l990, or from the ticket in office that has been propped in an ongoing contest on the date of publication of this Provisional Measure.

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

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

Art. 4º It is vented 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 Provisional Measure.

Art. 5º About the values of the Basic Salaries Table, listed in Annex II of this Provisional Measure, 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 Cargos of Reform and Agricultural Development 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 which it treats art. 1º will be far upon prior approval in a public tender of evidence or evidence and titles, in the first maturity standard of the respective class of the respective office.

§ 1º 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 edital.

§ 2º The contest public referred to in the caput could be arranged in two stages, including, if it is the case, training course as per the contest's edict, observed the relevant legislation.

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 Interim Measure, progression is the pass of the server to the immediately higher maturity pattern within a same class, and promotion, the server pass of the last standard of a class to the first standard of the class immediately higher.

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

I-minimum one-year minimum interstice between each progression;

II-performance evaluation;

III-capacity-building; and

IV-qualification and professional experience.

Paragraph single. 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) possess certification in capacity-building events, totaling at least two hundred and forty hours, and professional qualification with minimum experience of four years, both in the specific field of acting of each post; or

b) possess certification in capacity-building events, totaling at a minimum of one hundred and eighty hours, and professional qualification with minimum experience of 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 three hundred and sixty hours, and professional qualification with minimum experience of eight years, both in the specific field of acting for each job; or

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

III-for the Special Class:

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

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

c) be a doctor's title holder and professional qualification with minimum ten-year experience, both in the specific field of acting for each job title.

Single paragraph. For the purposes of this article, it does not consider the server's remoteness time for empowerment as experience.

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

I-for Class B:

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

b) have certification in capacity-building events, totaling at a minimum of one hundred and twenty hours, and professional qualification with minimum experience of six years, both in the specific field of acting of each post;

II-for the Class C:

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

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

III-for the Special Class:

a) possess certification in capacity-building events, totaling at least three hundred and sixty hours, and professional qualification with minimal experience of twelve years, both in the specific field of acting for each job; or

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

Single paragraph. For the purposes of this article, it does not consider the server's remoteness time for empowerment as experience.

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 one year, from the date of the completion of the first ticket contest, governed by the provisions of this Interim Measure.

Art. 14. Up to the date of the edition of the regulation referred to in the single paragraph of the art. 9º, 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 will be taken advantage of, the time computed from the date of the last promotion or progression, 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 Provisional Measure.

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 job or role assignments, with a focus on individual contribution to the scope of organizational goals.

§ 2º Institutional performance evaluation aims to affer collective performance in the reach of goals organizational, 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 achievement of the individual and institutional performance evaluations of GDARA, within the period of up to one hundred and eighty days, counted from the date of publication of this Provisional Measure.

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

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

I-maximum, one hundred points per server; and

II-minimum, ten points per server, corresponding to each point to the value set out in Annex V.

§ 6º The overall monthly score limit per level of which it has the INCRA to be assigned to the servers will correspond to eighty times the number of active servers per level, which make jus à GDARA, in exercise at INCRA.

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

I-up to twenty percentage points of its maximum limit will be assigned in function of the results obtained in the evaluation of institutional performance; and

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

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

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

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

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

I-when requested by the Presidency or Vice-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 committee of Special Nature, DAS 6, DAS 5, or equivalents, will perceive GDARA in value calculated on the basis of its maximum value; and

b) the server vested in charge of commission DAS 4, or equivalent, will perceive GDARA in the value of 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 Provisional Measure and until the results of the first performance evaluation period are processed, GDARA will be paid in the values corresponding to sixty points per server.

§ 1º The result of the first assessment will generate financial effects from the beginning of the first assessment 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 referred to in § 4º of the art. 16 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 evaluation score of less than fifty percent of the maximum points limit intended for individual assessment in two consecutive individual evaluations will be immediately submitted to the of capacity-building, 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, the GDARA:

I-will only be due, if realized there are at least sixty months; and

II-will be calculated by the arithmetic average of the values perceived in the last sixty months prior to retirement or pension institution, 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 sixty months; or

II-the value corresponding to thirty points, when they perceive for period of less than sixty months.

Single paragraph. To retirements and pensions instituted until the day before this Provisional Measure, the provisions of the inciso II of this article apply.

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 Function-GAF Activity, of which it treats the Law No. 9,651 of May 27, 1998;

II-Gratification of Performance of Technical-Administrative 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 to the verification of 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 Performance Gratification Points of the Federal Agrarian Perite Activity-GDAPA, constant of Annex III to Law No. 10,550, of 2002, passes the invigoration in accordance with the values set out in Annex VI of this Measure Provisional.

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 into classes, A, B, C and Special, comprising, the first three, three standards, and, the last, four standards, in the form of Annex VII of this Provisional Measure.

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

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

§ 1º On the values of the Annex IX constant table will focus, as of January 2004, the index that comes to be granted the general remuneration review title of the servers federal public.

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

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

"II-the value corresponding to 15 (fifteen) points, when they perceive 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 eighty points to the active servers of which it treats art. 27 of this Provisional Measure, including to those invested in Technical Commissioned Functions-FCT and Gratified Functions-FG and the occupants of office in committee.

§ 1º The unit value of the GDATFA point, fixed in the Annex of Law No. 10,484, 2002, becomes the constant of Annex X.

§ 2º The act of which it treats the caput of this article shall be edited within the period of one hundred and eighty days, from the publication of this Provisional Measure.

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

§ 1º The perception of GEPDIN will give you an irrepressible option of the active server, the retiree or the respective Pensioners, to be formalised within sixty days, from the publication of this Provisional Measure, in the form of the Annex XI constant option term.

§ 2º The option referred to in § 1º implies renunciation of the plots of values emboded to remuneration by administrative or judicial decision, regarding the Gratification of Performance of Technical-Administrative Activity-GDATA, instituted by Law No. 10,404, 2002, supplementation and production gratification 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, which expires after the signing of the term of option referred to in § 1º.

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

§ 4º The time limit for exercising the option referred to in § 1º, in cases of servers removed in the terms of the arts. 81 and 102 of Law No. 8,112, of l990, and of servers whose redistribution process for the National Press Staff Framework has commenced up to the date of publication of this Provisional Measure will be counted, respectively, from the termination of the removal and date of publication of the redistribution act.

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

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

Art. 34. Effective officeholders 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, the servers that opt for the perception of GEPDIN cease to make jus, as of the date of the option, respectively, to GDATA, established by Law No. 10,404, 2002, 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 2002, and to the advantage arising from Law No. 5,462, 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, 2002, will have the difference between the value of supplementary production gratification and the average GDATA value, observed the level of each server, transformed to nominally identified personal advantage, subject only to the index of readjustment applicable to the salary tables of the federal public servants, in the title of general review of remunerations and subsidies.

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

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

§ 1º In the reduction of pay-for-the- active server arising from the application of the provisions of this Provisional Measure, 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, granting of readjustments, additional, gratuities or advantage of any nature.

§ 2º Constated to reduction of remuneration, from provenance or pension arising from the application of the provisions of this Interim Measure, the difference shall be paid for nominally identified personal advantage, subject exclusively to the update arising from the 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 Provisional Measure retroact to:

I-1º of 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 Interim Measure shall come into force on the date of its publication.

Brasilia, September 23, 2004; 183º of Independence and 116º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Roberto Rodrigues

Guido Mantega

Miguel Soldatelli Rossetto

José Dirceu de Oliveira e Silva