DECREE NO. 6,693, OF December 12, 2008.

Regulamenta a Law n^o 11,539, of November 8, 2007, which provides about the Analyst Career of Infrastructure and the isolated post of effective proofing of Senior Infrastructure Specialist.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and with a view to the provisions of Law n^o 11,539, of November 8, 2007,

DECRETA:

CHAPTER I

OF THE SPECIFIC ATTRIBUTIONS

Art. 1^o The Infrastructure Analyst's Carrier, composed of the posts of Analyst of Infrastructure, of the top level, is structured in classes and standards.

Single paragraph. For the effects of this Decree, they consider:

I-career, the set of classes of positions of the same profession, nature of work or activity, scaled according to the responsibility and complexity inherent in its assignments;

II-class, the basic division of the integrated career by positions of identical denomination, attributions, degree of complexity, level of responsibility, capacity-building requirements and experience for the performance of the attributions; and

III-default, the position of the server in the scale of career maturities.

Art. 2^o To the holders of the effective proofing positions of the Carrier de Top-level Infrastructure Analyst, competes the exercise of assignments aimed at the specialized activities of planning, coordination, surveillance, technical assistance and execution of projects and large-cap infrastructure works.

Art. 3^o Are specific assignments of the post of Analyst of Infrastructure:

I-planning, implementation and execution of projects and works of large-size infrastructure;

II-subsidy and technical support for the execution and evaluation of large scale infrastructure projects and works;

III-subsidy to the formulation of policies, plans, programs, and projects concerning the execution of projects and large-scale infrastructure works; and

IV-performance of other finalistic support activities, inherent in the technical assistance for the execution of projects and large-size works.

Art. 4^o To the holders of the isolated positions of effective provement of the Infrastructure Specialist Senior, senior level, competes the performance of high level complexity assignments aimed at the specialized activities of planning, coordination, surveillance, technical assistance and execution of projects and large-size works in the area of infrastructure.

Art. 5^o Are specific assignments of the job of Specialist in Senior Infrastructure:

I-planning, coordination, surveillance, technical assistance and implementation of projects concerning the realization of large-size infrastructure works, at high level of complexity;

II-elaboration of standards for execution of projects and works of large-size infrastructure;

III-planning and coordination of enforcement actions of the execution of projects and large infrastructure works porting, at high level of complexity; and

IV-performance of other support activities finalistics, of high level of complexity, inherent in technical assistance for the execution of projects and large-size works.

CHAPTER II

OF THE PUBLIC CONTEST

Art. 6^o The ticket in the posts mentioned in the arts. 1^o and 4^o will give itself by means of public tender of evidence and titles for the post of Senior Infrastructure Specialist, and of evidence or evidence and titles for the post of Infrastructure Analyst, respected the legislation specific.

§ 1^o The public contest referred to in the caput can, when couber, be held by areas of specialization and organized in phases of classificatory and eliminatory character, including, if it is the case, training course, as the edital of convocation of the certame, observed the relevant legislation, as it is.

§ 2^o The opening edital of the contest will define the characteristics of each public tender step, specialized training and professional experience, as well as the eliminatory and classificatory criteria.

§ 3^o The ticket in the posts referred to in the caput requires undergraduate degree in top level, knowledge at postgraduate level and, when couber, the record in the respective professional board.

§ 4^o It is prerequisite for ingress into the isolated post of effective provement of Senior Infrastructure Specialist twelve years of experience in the exercise of top-level activities, corresponding to the exercise of assignments equivalent to those of the office, in the specific acting area established at the concourse of the contest.

§ 5^o The opening edital of the public contest for the post of Specialist in Senior Infrastructure will define the criteria of proving the period of experience mentioned in § 4^o.

§ 6^o The public contest for the posts referred to in the caput will be held for effective personnel provisioning in the initial standard of the Carrier Reef's home class Infrastructure Analyst and in the single class of the Senior Infrastructure Specialist post.

§ 7^o The proof of an integral title of the contest for the admission to the post of Senior Infrastructure Specialist will be able to include the defense, in public act, of memorial based on the candidate's curriculum vitae, of the classifieds character, in the terms of the respective edict.

CHAPTER III

OF THE PERFORMANCE GRATIFICATION

Art. 7^o For the purposes of this Decree, it defines itself as performance evaluation the systematic and continuous monitoring of the server's individual actuation and institutional of the lotion organs, having as their purpose the scope of individual and institutional performance targets, considering the mission and objectives of the federal public administration bodies that have in effective occupant exercise of the posts mentioned in the arts. 1^o and 4^o.

Art. 8^o The Performance Gratification of Activity in Infrastructure-GDAIE is due to the members of the Infrastructure Analyst and the isolated post of effective provement of Senior Infrastructure Specialist, depending on the institutional and individual performance, as per establishes the § 1^o of the art. 5^o of Law n^o 11,539, of November 8, 2007.

Single paragraph. Only they will be jus à GDAIE the occupiers of the posts referred to in the caput of this article that are in exercise of activities inherent in the respective positions in bodies of the direct federal public administration, re-salvaged the provisions of § 9^o of the art. 10.

Art. 9^o GDAIE will be paid observed the maximum limit of one hundred points and the minimum of ten points per server, by matching each point, at their respective levels, classes and standards, to the values set out in Schedule III of Law No. 11,539, of 2007, respecting the following distribution:

I-even seventy points due to the result of the evaluation of institutional performance; and

II-up to thirty points due to the results of the individual performance evaluation.

Art. 10. Individual and institutional performance evaluations will be ascertained semestrally and will produce monthly financial effects for equal period.

§ 1º Individual and institutional performance evaluations will be used as management tool, with the identification of aspects of performance that can be improved by means of opportunities for empowerment and professional improvement.

§ 2º Assessments will be processed in the subsequent month to the end of the evaluative period and its financial effects will begin in the month following that of processing the assessments.

§ 3º The values to be paid for the GDAIE title will be calculated by multiplying the somatory of the points earned in individual and institutional performance evaluations by the value of the point constant of Annex III to Law No. 11,539 of 2007.

§ 4º The result of the first performance evaluation will generate financial effects from of the beginning of the evaluation period, and any differences paid to the greater or the minor should be compensated.

§ 5º Individual assessment will only produce financial effects if the server has remained in exercise of the activities inherent in the respective post by, at the very least, two-thirds of a full period of evaluation.

§ 6º Until the results of the first assessment period are processed individual and institutional performance, all the servers that make jus à GDAIE should perceive it in value corresponding to forty points, observed the respective careers, levels, classes and standards, applying, inclusive, to the occupant of job position of Special Nature and committee positions.

§ 7º The active server beneficiary of GDAIE that it obtains in the performance evaluation scoring lower than forty percent of the maximum points limit intended for individual assessment will not make jus to the plot regarding the institutional performance evaluation in the period.

§ 8º Until the first individual performance evaluation is processed that comes to suriting financial effect, the server appointed for effective office and the one who has returned unpaid leave or unentitled assignment to the perception of GDAIE in the course of the evaluation cycle will receive the gratification in the value corresponding to twenty points.

§ 9º The effective charge occupant of the Infrastructure Analyst's Career or the post of Senior Infrastructure Specialist who does not find himself developing activities in the lotation body will only make jus à GDAIE:

I-when requested by the Presidency or Vice Presidency of the Republic, situation in which to perceive GDAIE calculated on the basis of the applicable rules as if it were in effect exercise in the organ of origin; and

II-when yielded to organs or government entities Federal different from the nominees in the inciso I, since being invested in office in Special Nature commission, DAS-6, DAS-5 or equivalents, situation in which you will perceive GDAIE calculated on the basis of the maximum value of the individual plot, summed up to the result of the institutional evaluation of the period.

§ 10. The institutional evaluation of the server referred to in the incisos I and II of § 9^o will be that of the lotation organ.

§ 11. In the event of departments and licences considered by Law n^o 8,112, of December 11, 1990, as of effective exercise, without prejudice to remuneration and entitled to the perception of GDAIE, the server will continue to perceive the respective gratification corresponding to the last score obtained, until it is processed its first evaluation after the return.

§ 12. The provisions of § 11 shall apply to the occupant of charge of Special Nature and of positions in committee.

§ 13. The first period of performance evaluation for payment purposes of GDAIE will begin on the date of publication of this Decree.

§ 14. Exceptionally, the first evaluation period could be less than six months, observed the beginning of the second evaluation cycle, defined in the act referred to in the art. 13.

Art. 11. Individual performance evaluation aims to afer the performance of the server in the exercise of the tasks of the office or function, with a focus on individual contribution to the scope of the organizational goals and goals.

§ 1^o In the definition of the criteria for the individual performance evaluation, the following minimum criteria should be observed:

I-productivity at work, with basis in previously established standards of quality and economicity;

II-capacity of initiative;

III-compliance with the standards of procedures and conduct in the performance of the assignments of the office;

IV-discipline;

V-teamwork;

VI-commitment to the work; and

VII-knowledge and self-development.

§ 2^o The individual performance evaluation of the server will be carried out by the immediate kingpin, or by the one to whom the maximum governing body or lottery entity designates.

§ 3^o The effective office holder referred to in the arts. 1^o and 4^o in exercise in the respective bodies of the direct federal public administration, when they are occupying positions in committee of the Group-Direction and Higher-Advising-DAS of levels 5 and 6, Special Nature posts or equivalents, will perceive GDAIE calculated at its maximum value.

§ 4^o Exceptionally, in the first evaluation period, the index of individual performance ascertained in training program instituted in a joint act of the State Ministers in whose portfolios are crowded servers of the posts of which they treat the arts. 1^o and 4^o can be used for the calculation of the parcel to which the inciso II of the art relates. 9^o.

Art. 12. The evaluation of institutional performance aims to afer the organ's performance in the range of organizational goals and goals, considering priority projects and activities and specific characteristics compatible with its activities.

§ 1^o The targets regarding the evaluation of institutional performance will be fixed semester, in act of the maximum governing body or lotion entity, and may be reviewed, at any time, in the hypothesis of supervenience of factors that influence significant and directly its achievement, provided that the organ or entity did not give cause to such factors.

§ 2^o The goals referred to in § 1^o must be objectively measurables, using as indicator parameters that aim to affix the quality of services related to the finalistic activity of the respective organ or entity, taking into account, at the time of their fixation, the indices achieved in the previous exercises, and should be drawn up in line with the government guidelines and targets set out in the multiannual plan, in the budget guideline law and in the annual budget law.

§ 3^o For the purposes of this Decree, it shall be considered as an institutional evaluation due to the occupants of the posts of which they treat the arts. 1^o and 4^o the institutional evaluation of the respective loathing organ.

§ 4^o The institutional performance targets and the results ascertained each period should be widely publicized by the lotation body, including on its electronic site, remaining accessible at any time.

§ 5^o Exceptionally, in the first evaluation period, the last percent ascertained in evaluation of institutional performance already effected in the respective organ or lottation entity may be used for the calculation of the plot referred to in the inciso I of the art. 9^o, compatibilizing institutional planning with the willing in the caput in the act of which treats the art. 13.

Art. 13. Act of the Minister of State for the lotation body of the occupants of the posts of which they treat the arts. 1^o and 4^o will have about:

I-the standards, the procedures, the criteria specific, the individual and institutional evaluation mechanisms and the controls necessary to the implementation of GDAIE; and

II-the targets for the evaluation of institutional performance, its quantification and revision to each evaluation period.

§ 1^o The targets referred to in the inciso II should be drawn up in line with the government guidelines and targets set out in the multiannual plan, in the budget guideline law and in the annual budget law.

§ 2^o The goals referred to in the inciso II must be objectively measurable and directly related to the activity-end of the lotation organ, taking into account, at the time of its fixation, the indices achieved in the previous exercises.

§ 3^o The assessment of institutional performance will refer to the performance of the organ in the area of acting the posts of which they treat the arts. 1^o and 4^o.

§ 4^o The act to which refers the caput will define the minimum percentage range of the targets below which the share of GDAIE corresponding to the institutional assessment will be zero, being the proportionally distributed gratification percentage in the range between that limit and the maximum index of range of goals.

Art. 14. The occupants of the posts of which they treat the arts. 1st and 4th that do not remain in effective exercise in the same organizational unit or organ throughout the evaluation period will be assessed by the immediate kingpin from where housees stayed for longer.

Art. 15. Occurring exoneration of the post in committee, the occupiers of the posts of which they treat the arts. 1st and 4th will continue to perceive GDAIE corresponding to the last value obtained, until it is processed at its first assessment after exoneration.

Art. 16. Servers that obtain individual performance evaluation of less than fifty percent of the maximum predicted score will undergo the process of capacity-building or analysis of functional suitability, as the case may be, under the responsibility of the lotion organ.

Single paragraph. Functional suitability analysis aims to identify the causes of the results obtained in the evaluation of the performance and to serve as a subsidy for the adoption of measures that may propitiate the improvement of server performance.

Art. 17. GDAIE will not be able to be paid cumulatively with any other gratification of activity or productivity performance, regardless of its denomination or calculation basis.

Art. 18. To the occupants of the posts of which they treat the arts. 1^o and 4^o is ensured the broad participation in the performance evaluation process, by prior knowledge of the criteria and instruments used, as well as the process monitoring, by fit to the broad-loathing organ disclosure and the guidance regarding the evaluation policy of the servers.

§ 1^o It is provided to the server, at any time, the consultation to all the documents from its individual performance evaluation administrative process, upon request, in writing, to the human resources area of the lotation organ.

§ 2^o When assessed should be given due science of the final result of the performance evaluation.

Art. 19. The assessed will be able to appeal against the assessment of the immediate kingpin to the follow-up committee, of which it treats art. 22 of this Decree, and shall present it to the human resources area of the organ or lotation entity, within up to ten days, counted from the due science of the final outcome of the decision regarding the request for reconsideration.

Art. 20. The feature of which treats art. 19 will be directed to the authority that has delivered the decision, which, if it fails to reconsider it within five days, will be referred to the deliberation of the monitoring committee, which, within a maximum of fifteen days of its receipt, is expected to make a decision.

§ 1th After due science to the server, the result of the performance evaluation will be approved by the maximum manager of the lotation body.

§ 2^o From the decision that it treats § 1^o will not fit new appeal administrative.

Art. 21. They are defined as evaluation units the existing organizational units in the structures of the lotation bodies of the occupants of the posts of which they treat the arts. 1^o and 4^o.

Art. 22. Follow-up committees will be set up by the maximum leaders of the busy bodies of the occupants of the posts of which they treat the arts. 1^o and 4^o, which will participate in all the steps of the cycle of the performance evaluation.

§ 1^o The accompanying commissions will be formed by representatives indicated by the administration of the lotation body and by members indicated by the servers.

§ 2^o The accompanying commissions should judge, ultimately, the possible interposed resources as to the results of the individual assessments.

§ 3^o The manner of operation of the accompanying commissions will be defined in act of the maximum leader of the lotation organ.

§ 4^o Only will be able to compose the accompanying commissions effective servers that are not at probationary stage or by responding to the disciplinary administrative process.

Art. 23. It is created the Gestor Performance Evaluation Committee, with the purpose of:

I-propose the general procedures referring to the operationalization of the performance evaluation, the evaluation instrumentals and the factors to be considered, as well as the score assigned to each of them;

II-review and change, where necessary, the performance evaluation instrumentals in period not less than twelve months;

III-carry out, continuously, studies and projects, aiming to perfect the procedures relevant to the systematic of the performance evaluation;

IV-examine the cases missing; and

V-subsidizing the work of the evaluation units.

§ 1^o The Gestor Performance Evaluation Committee will be formed by representatives indicated by the administration of the lotation body and by members indicated by the evaluated.

§ 2^o The Gestor Performance Evaluation Committee will participate in all steps of the evaluation cycle and shall subsidize the accompanying commissions.

§ 3^o The workform of the Gestor Performance Evaluation Committee will be set out in conjunction with the maximum body leaders who have, in effective exercise, occupiers of the posts mentioned in the arts. 1^o and 4^o.

§ 4^o Only will be able to compose the Gestor Committee of Evaluation of Performance active servers that are not responding to the disciplinary administrative process.

Art. 24. During the first evaluation period, the assignments of the follow-up commissions and the Performance Evaluation Gestor Committee will be in charge of the human resources units of the evaluates ' lotto bodies.

Art. 25. For the purposes of incorporating GDAIE to the retirement orants or the pensions, the following criteria will be adopted:

I-when to apply to the server that gave rise to retirement or pension the willing in the arts. 3º and 6^o of the Constitutional Amendment n^o 41, of December 19, 2003, and in the art. 3^o of the Constitutional Amendment n^o 47, of July 5, 2005, GDAIE shall be corresponding to fifty per cent of the maximum value of the respective level, class and standard, or of the single class, as per the respective effective post which it has given to it origin; and

II-in the other cases, apply for the purposes of calculating retirements and pensions the provisions of Law n^o 10,887, of June 18, 2004.

CHAPTER IV

OF THE FUNCTIONAL PROGRESSION AND PROMOTION

Art. 26. The development of the occupant server of the post of Infrastructure Analyst will occur upon functional progression and promotion.

Single paragraph. For the purposes of this article, functional progression is considered to be progression from the server from one standard to another immediately superior within a same class and promotion, the server passage of the last standard of a class to the initial pattern of the class immediately higher.

Art. 27. For the purposes of functional progression, the following requirements should be observed:

I- compliance with the eighteen month interstint of effective exercise in each standard; and

II- average result exceeding eighty per cent of the maximum score of the score in the individual performance evaluations of which it treats art. 11, at the interstice considered for progression.

Art. 28. For purposes of functional promotion, the following requirements should be observed:

I- Observance of the eighteen month interstint of effective exercise in the last standard of each class;

II-average result higher than ninety per cent of the maximum limit of the score in the individual performance evaluations of which it treats the inciso I of the art. 9^o, at the interstice considered for the promotion; and

III-participation in events of empowerment whose contents are compatible with the tasks of the office.

Single paragraph. Does Annex I of this Decree define the combination of these requirements and the minimum limits to be observed when of the Class promotion?A? for the Class?B? and of the Class?B? for the Class?C?

Art. 29. The eighteen month interstice of effective exercise for the functional progression and for the promotion will be:

I-computed from the commissioning of the occupant server of the posts to which the arts refer. 1^o and 4^o;

II-computed in days, discounted the departments that do not are legally considered to be of effective exercise; and

III-interrupted in cases where the server to walk away without pay, being restarted the comic from the return to the activity.

Single paragraph. In the case of servers that are already in exercise, the interstice of which treats the caput will be counted from the duration of this Decree.

Art. 30. For purposes of functional progression and promotion, capacity-building events held in national or foreign institutions, whose contents are compatible with the tasks of the office, may be considered.

Single paragraph. In the case of promotion, the specialisation, master's and doctoral courses, held in national or foreign institutions, must be recognised by the Ministry of Education.

Art. 31. The functional progression and the promotion of the occupant of the effective post mentioned in the art are veded. 2^o before completing the minimum eighteen month interstentice of effective exercise in each standard.

Art. 32. Act of the Minister of State for the lotation body of the occupants of the posts of which they treat the arts. 1^o and 4^o, observed the current legislation, will have about the specific systematic of performance evaluation, capacity-building and functional qualification for the purposes of progression and promotion.

§ 1^o The capacity-building and qualification will observe the willing in the Decree n^o 5,707, of February 23, 2006, with the aim of enhancing the formation of the servers of the effective framework and the performance of the activities described in the arts. 3^o and 5^o, in the scope of acting of each organ or lotion entity.

§ 2^o During the stay in the classes?A? e?B?, the participation of the occupant server of the post mentioned in the art. 2^o, in events described in Attachment II, is condition for promotion to the subsequent class.

Art. 33. This Decree comes into effect on the date of its publication.

Brasilia, December 12, 2008; 187^the of Independence and 120^o of the Republic.

LUIZ INÁCIO LULA DA SILVA

Paulo Bernardo Silva