PROVISIONAL MEASURE NO. 2.102-28, OF February 23, 2001

Added and alters devices of the Laws No. 8,437, of June 30, 1992, 9,028, of April 12, 1995, 9,494, of 10 of september 1997, 7,347, of July 24, 1985, 8,429, June 2, 1992, 9,704, November 17, 1998, of the Decree-Law No. 5,452, 1º May 1943, of the Laws No 5,869, of January 11, 1973, and 4,348, of June 26, 1964, and gives others providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Law No. 8,437 of June 30, 1992, passes on the invigoration with the following amendments:

" Art. 1º ......................................................................

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§ 4º In cases where the full extent of the preliminary injunction, without prejudice to the communication to the leader of the organ or entity, the respective judicial representative of it shall be immediately subpoenaed.

§ 5º will not be able to be fully measured liminal that defs compensation of tax credits or previdentials. " (NR)

" Art. 4º ......................................................................

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§ 2º The President of the Court will be able to hear the author and the Public Prosecutor's Office, in seventy two hours.

§ 3º From the order granting or denying the suspension, it shall be aggravated, within five days, which shall be brought to trial in the session following its interposition.

§ 4º If the judgment of the aggravation of which it treats the preceding paragraph shall result in the maintenance or re-establishment of the decision which is intended to suspend, it will fit further request for suspension to the President of the competent Court for know of possible special or extraordinary resource.

§ 5º It is also fit to hold the request for suspension referred to in the preceding paragraph, when it is denied the aggravation of an interposed instrument against the preliminary injunction referred to in this article.

§ 6º The interposition of the aggravation of instrument against liminality granted in the actions moved against the Public Power and its agents does not prejudice or condones the judgment of the suspension application referred to in this article.

§ 7º The President of the Court will be able to confer upon the request suspensive effect injunction, if you see, in advance of judgment, the plausibility of the invoked right and the urgency in granting the measure.

§ 8º The liminals whose object is identical may be suspended in a single decision, and the President of the Tribunal may extend the effects of the suspension to super-selling liminals by simple addition of the application original. " (NR)

Art. 2º The art. 6º of Law No. 9,028 of April 12, 1995, passes the invigorated vigour of the following § 2º, renumbering the current single paragraph for § 1º:

" § 2º The subpoenas to be realized outside the seat of judgment shall be made, necessarily, in the form envisaged in art. 237, inciso II, of the Code of Civil Procedure. " (NR)

Art. 3º The Law No. 9,028, 1995, passes the invigorate with the following changes:

" Art. 3º The Union Regional Prosecutors shall exercise the coordination of the activities of the Union Procuratorates located in their area of acting.

§ 1º The Advocate General of the Union, with the aim of streamlining the services, will be able to disable Union Attorney's Office located in Capital of Unit of the Federation where it is installed Regional Prosecutor's Office, hypothesis in which this will absorb the assignments of that one.

§ 2º Opposing the hypothesis that it treats the preceding paragraph, will be tasked with the Union Advocate General's Office on the restructuring of the Regional Prosecutor's Office, and may remande positions and servers of the Procuratorate deactivated.

§ 3º The restructuring and the remanding that it treats § 2º will be possible including in the coexistence hypothesis of the two Goods, if convenient the use of single support structure to meet both.

§ 4º With the same purpose of rationalization of services, is the Union Advocate General also authorized to disable or cease to install Union Sectional Prosecutor's Office, applying to the hypothesis, in what couber, the arranged in the final part of § 1º and in § 2º of this article. " (NR)

" Art. 4º ......................................................................

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§ 4º Mediant requisition of the Advocate-General of the Union or of the Attorney's Office of the Advocate General of the Union, and for the purposes set out in the caput, the organs and entities of the Federal Administration shall appoint servers to act as experts or technical assistants in specific effects, applicable to this requisition the provisions of § § 1º and 2º of this article. " (NR)

" Art. 8º-A. It is set up, at the Office of the Union Advocate General, the Linked Bodies Ordinatorship, to assist you in the exercise of your assignments of normative guidance and technical supervision of the legal bodies of the public authorities and foundations.

§ 1º The Binding Bodies Coordinator shall be Consultant of the Union, designated by the Advocate General of the Union.

§ 2º The Advocate-General of the Union will edit act, in the terms of art. 45 of the Supplementary Act No. 73 of February 10, 1993, available on the Ordinatorship of which it treats this article. " (NR)

" Art. 8º -B. They are instituted in Advocate-General of the Union, with functions of integration and coordination, the Chamber of Contencious Activities and the House of Consulting Activities.

Single paragraph. The Chambers object of the caput, directly and immediately subordinated to the Union Advocate General, will have disciplining in act of this. " (NR)

" Art. 8º -C. The Advocate General of the Union, in the defence of the interests of this and on hypotheses which may bring reflections of an economic, yet indirect, to the federal erarium, may avocate, or integrate and coordinate, the work to be held by legal body of public company or mixed economy company, to be developed in judicial or extrajudicial headquarters.

Single paragraph. They may be committed, to the competent Chamber of the Advocate-General of the Union, to the functions of carrying out the integration and coordination provided for in this article. " (NR)

" Art. 8º -D. It is created, as an auxiliary body of the Union Attorney General, the Coordinating Office of Calculations and Experts, for the purpose of carrying out, confers and coordinating judicial calculations and expertise concerning the achievements of interest of the Union and its authorities and foundations.

§ 1º The Coordinator of which it treats this article will be able to rely on decentralized units, as per the Union Advocate General's act.

§ 2º The organs and entities of the Federal Administration will give the necessary support to the Calculation Coordinator and Percesses for the performance of their assignments, including by placing specialized personnel at their disposal.

§ 3º The Coordinate of Calculations and Perices will have specific unit tasked with the revision of the calculations of the Union's precatory values of responsibility and of federal authorities and foundations whose representation judicial is in charge of the Advocate-General of the Union, pursuant to the arts. 11-A and 11-B of this Law. " (NR)

" Art. 8º -E. It is created, in the Attorney General of the Union, the Union Heritage Recomposition Ordinatorship, with the purpose of recovering patrimonial losses suffered by the Union, to which it is also incumbent on the execution of judicial and extra judicial titles, inclusive of the exrequests by the Court of Auditors of the Union.

Single paragraph. The remaining Goods of the Union shall be able to have units with similar assignments, as per the Union Advocate General's Act. " (NR)

" Art. 11-A. It shall be authorized for Advocate-General of the Union to assume, for its Goods, temporarily and exceptionally, the judicial representation of public authorities or foundations at the following hypotheses:

I-absence of prosecutor or counsel;

II-impediment of the members of the legal body.

§ 1º The extraordinary judicial representation provided for in this article may occur at the request of the entity's leader or at the initiative of the Union Advocate General.

§ 2º The non-existence of an integral legal body of the respective Prosecutor's Office or Legal Department, in a city seat of Judicial organ before which it runs made of interest of municipality or foundation of the Union, sets up the hypothesis of absence predicted in the inciso I of this article.

§ 3º The Advocate-General of the Union, with the purpose of suppressing occasional deficiencies of Organs Linked to Advocate-General of the Union, may designate to provide them with temporary collaboration effective members of Advocate-General of the Union, Authargic Attorneys, Legal Assistants and Lawyers of other entities, whether in activities of judicial representation or consultancy and legal advising, being, while lasting the temporary collaboration, vested of the same powers conferred on the members of the respective Linked Organ.

§ 4º In cases of which it treats § 3º, and in those of the assignment of effective Members of the Advocate General of the Union or of Federal Prosecutors to perform legal functions in the Federal Public Prosecutor's Office does not apply for restriction contained in the final part of the art. 20, § 3º, of Law No. 8,112 of December 11, 1990, as amended by Law No. 9,527 of December 10, 1997. " (NR)

" Art. 11-B. The judicial representation of the Union, as to the matters entrusted to the federal authorities and foundations related in Annex V to this Act, shall be made directly by the bodies of the Advocate General of the Union, remaining the Legal Bodies of those entities responsible for the respective legal advisory and advising activities.

§ 1º The Autarctic Prosecutors, Legal Assistants and Lawyers integral to the cadres of the entities of which it treats the caput in them will remain, until law possesses about the new form of judicial representation, direct and indirect, from the Union, considered to be its municipal and fundable entities, as well as on the provision of legal advice and advising to such entities.

§ 2º The legal bodies of the entities related in Annex V of this Act will continue, until July 7, 2000, as co-responsible for the judicial representation as to the matters of jurisdiction of the respective municipality or foundation.

§ 3º The citations, subpoenas and notifications of the related authorities and foundations in Annex V of this Act, as well as in the hypotheses that it treats art. 11-A, shall be made to the respective Goods of the Advocate-General of the Union, assured to its members, in the exercise of the judicial representation that it treats art. 11-A and this article, the procedural prerogatives provided for in law.

§ 4º The Legal Bodies of the entities of which it treats the caput, together with the respective Bodies of the Advocate General of the Union, within sixty days, will make the lifting of the judicial proceedings underway, indicating the phase in which they are found.

§ 5º Until the advent of the Act referred to in Paragraph 1º of this article, the Advocate General of the Union, of trade or upon proposal of a Union Prosecutor's Office, will be able to designate Autarctic Prosecutors, Lawyers and Assistants Legal of the entities related in Annex V of this Act to have exercise in the Attorney General's Office of the Union Advocate. " (NR)

" Art. 19. ....................................................................

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§ 5º The transpositions effective by this article have achieved-only stable servers in the public service, mentioned in item I of the caput. " (NR)

" Art. 19-A. They are transposed, to the Legal Assistant Carrier of the Advocate-General of the Union, the current effective positions of the direct Federal Administration, bachelor's privates in law, whose assignments, fixed in a skilful normative act, have content eminently legal and correspond to those of assistance fixed to the posts of the said Carrier, or to cover them, and which:

I-are vacant; or

II-have as proprietors servers, stable in the public service, which:

a) previously held on October 5, 1988 already held effective office, or permanent employment, bachelor's privative in law, of eminently legal content, in the terms of the caput, in the Federal Administration direct, municipal or fundational, as per the then applicable constitutional and legal norms;

b) invested after October 5, 1988, the have been due to approval in a public tender or the application of § 3º of the art. 41 of the Constitution.

§ 1º In the situations foreseen in the inciso II, the object transposition of this article covers the posts and their holders.

§ 2º The egressal server transposition of autarky or federal public foundation, provided for in the inciso II, points ("a" and "b", achieves-only the one that went on to integrate the direct Administration into the extinction of extinction or the alteration of the legal nature of the entity to which it belonged, and provided that the tasks of the respective entity and its personnel framework have been, by law, absorbed by organs of the direct Administration.

§ 3º To the disciplined transpositions in this article apply, too, the correlation and the constant procedures of the art. 19 of this Act (§ § 2º, 3º and 4º).

§ 4º The transpositions of which it treats this article will be formalized in declaratory act of the Union Advocate General.

§ 5º The possible financial effects, of the transpositions in reference, shall only be due, to their beneficiaries, as of the date on which the declaratory act, the object of the preceding paragraph, is published.

§ 6º The maximum holders of the bodies of the direct Federal Administration, in which there are posts in the situation described in the caput and inciso I, should nominate them to Advocate General of the Union, via the Ministry of the Planning, Budget and Management, explaining, relatively to each vacant post, its origin, evolution, attributions and normative regency.

§ 7º Each case should be instructed by the human resources body of the respective Ministry or State Secretariat, with the necessary documentation to be substantiated that the server meets the provisions of this article, after which it should be forwarded to the Advocate General of the Union in the form by it regulated, accompanied by conclusive manifestation of the respective legal advisor body. " (NR)

" Art. 21. To the holders of the positions of Lawyer of the Union, of Prosecutor of the National Finance and Legal Assistant of the respective careers of Advocate General of the Union it is incumbent to represent it judicial and extrajudicially, as well as to carry out the activities of legal advising of the Executive Power, as per the normative act of the Union Advocate General. " (NR)

" Art. 24-A. The Union, its authorities and foundations, are free from cost and emoluments and too much judicial fees, as well as prior deposit and fine in rescission action, at any forums and instances.

Single paragraph. The provisions of this article shall apply to all administrative and judicial processes in which it is part of the Service Time Guarantee Fund-FGTS, whether at the active or passive pole, extend the exemption to the legal person who represents it in Judgment or outside of him. " (NR)

Art. 4º The Law No. 9,494 of September 10, 1997, passes the increased vigour of the following articles:

" Art. 1º-A. They are waived from prior deposit, for appeal interposition, the legal persons of federal, state, district, district and municipal law. " (NR)

" Art. 1º -B. The deadline to which the caput of the arts is concerned. 730 of the Code of Civil Procedure, and 884 of the Consolidation of Labor Laws, passed by the Decree-Law No. 5,452, from 1º to May 1943, passes to thirty days. " (NR)

" Art. 1º -C. It shall prescribe in five years the right to obtain damages from the damage caused by agents of legal persons of public law and legal persons of private law makers of public services. " (NR)

" Art. 2º-A. The civil sentence prolated in action of collective character proposed by associative entity, in the defence of the interests and rights of its associates, shall cover only those substituted which have, on the date of the purposeof the action, domicile within the framework of the territorial competence of the prolator organ.

Single paragraph. In the collective actions proposed against the Union, the states, the Federal District, the Municipalities and their authorities and foundations, the initial petition must compulsorily be instructed with the minutes of the assembly of the associative entity that authorized it, accompanied by the nominal relationship of their associates and an indication of their respective addresses. " (NR)

" Art. 2º -B. The sentence that has per object the release of appeal, inclusion in payroll, reclassification, equiparation, granting of increase or extension of advantages to servers of the Union, the States, the Federal District and the Municipalities, inclusive of its authorities and foundations, it can only be executed after its transit on trial. " (NR)

Art. 5º The deadlines referred to in art. 26 of Law No. 9,651 of May 27, 1998, they are extended for another thirty-six months from their termination.

Art. 6º The arts. 1º and 2º of the Law No. 7,347 of July 24, 1985, they go on to invigorate with the following amendments:

" Art. 1º ......................................................................

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V-for infraction of the order economic and the popular economy.

Single paragraph. There will be no public civil action for vehicular claims involving tributes, pension contributions, the Service Time Guarantee Fund-FGTS or other funds of an institutional nature whose beneficiaries may be individually determined. " (NR)

" Art. 2º ......................................................................

Single paragraph. The purposeful of the action will prevent the jurisdiction of the judgment for all actions subsequently intended that possess the same cause of asking for or the same object. " (NR)

Art. 7º The art. 17 of Law No. 8,429 of June 2, 1992, passes the invigorated vigour of the following § 5º:

" § 5º The purposeful of the action shall prevent the jurisdiction of the judgment for all actions subsequently intending that possess the same cause of ask for or the same object. " (NR)

Art. 8º The art. 1º of Law No. 9,704 of November 17, 1998, passes the invigorated vigour of the following § § 2º and 3º, renumbering the current single paragraph for § 1º:

" § 2º For the kingpin of legal body of municipality and of federal foundation will be preferentially appointed Federal Attorney, of recognized idoneity, capacity and experience for the post and who has exercised Advocacy for at least five years.

§ 3º In the hypothesis that the nomination falls on Bachelor's degree in law that is not Federal Prosecutor's Office, it should be sufficiently justified as well as met all the other requirements of the preceding paragraph. " (NR)

Art. 9º The art. 467 of the Consolidation of Labor Laws, approved by the Decree-Law No. 5,452, 1º May 1943, passes on the invigoration plus of the following single paragraph:

" Single paragraph. The willing in the caput does not apply to the Union, the States, the Federal District, the Municipalities and their public authorities and foundations. " (NR)

Art. 10. The art. 741 of Law No. 5,869 of January 11, 1973, with the wording given by Law No. 8,953 of December 13, 1994, it passes on the invigorating addition of the following single paragraph:

" Single paragraph. For the purpose of the provisions of the inciso II of this article, the judicial title founded in law or normative act declared unconstitutional by the Supreme Court or in application or interpretation held by incompatible with incompatible with the provisions of this article is also deemed to be unenforceable. the Federal Constitution. " (NR)

Art. 11. Established controversy of a legal nature between entities of the indirect Federal Administration, or between such persons and the Union, the competent Ministers of State shall immediately request the President of the Republic, the hearing of the Advocate General of the Union.

Single paragraph. It will be incumbent upon the Advocate-General of the Union to adopt all the necessary arrangements to which the controversy at administrative headquarters is set.

Art. 12. They are not subject to the double degree of shelter jurisdiction the sentences handed down against the Union, its authorities and public foundations, when regarding the controversy the Advocate General of the Union or another competent administrative body there is edited sudden or normative statement determining the non-interposition of volunteer resource.

Art. 13. It is added to Annex I to Law No. 9,366 of December 16, 1996, a post of the Deputy Advocate of the Union of the Union.

Art. 14. The art. 4º of Law No. 4,348 of June 26, 1964, it passes on the following with the following amendments:

" Art. 4º ......................................................................

§ 1º Indexed the application for suspension or propelled the aggravation to which the caput is concerned, it will fit new suspension to the President of the Court competent to know of possible special or extraordinary appeal.

§ 2º Applying to the suspension of security of which it treats this Law, the provisions of § § 5º to 8º of the art. 4º of Law No. 8,437 of June 30, 1992. " (NR)

Art. 15. It applies to the rescission action the general power of caution that it treats art. 798 of the Code of Civil Procedure.

Art. 16. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.102-27 of January 26, 2001.

Art. 17. This Interim Measure shall come into force on the date of its publication.

Brasilia, February 23, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente

A N E X O

(Annex V to which the art relates. 11-B of Law No. 9,028, of 1995)

Entities linked to the Ministry of Education:

1. Federal Center for Technological Education "Celso Suckowda Fonseca"

2. Federal Center for Technological Education of Bahia

3. Federal Centre for Technological Education of Paraíba

4. Federal Center for Technological Education of Alagoas

5. Federal Center for Technological Education of Fields

6. Federal Center for Technological Education of Goiás

7. Federal Center for Technological Education of Minas Gerais

8. Federal Centre for Technological Education of Pelotas

9. Federal Center for Technological Education of Pernambuco

10. Federal Center for Technological Education of Petrolina

11. Federal Center for Technological Education of Chemistry of Nilopolis

12. Federal Center for Technological Education of São Paulo

13. Federal Center for Technological Education of Ceará

14. Federal Center for Technological Education of the Holy Spirit

15. Federal Centre for Technological Education of the Maranhão

16. Federal Center for Technological Education of Pará

17. Federal Center for Technological Education of Paraná

18. Federal Centre for Technological Education of Piauí

19. Federal Center for Technological Education of Rio Grande do Norte

20. Federal Agrotechnical School Antônio José Teixeira

21. Federal Agrotechnical School of Alegre

22. Federal Agrotechnical School of Alegrete

23. Federal Agrotechnical School of Araguatins

24. Federal Agrotechnical School of Bambui

25. Federal Agrotechnical School of Barbacena

26. Federal Agrotechnical School of Barons

27. Federal Agrotechnical School of Belo Jardim

28. Federal Agrotechnical School of Cáceres

29. Federal Agrotechnical School of Castanhal

30. Federal Agrotechnical School of Catu

31. Federal Agrotechnical School of Ceres

32. Federal Agrotechnical School of Codó

33. Agrotechnical Federal School of Colatine

34. Colorado Federal Agrotechnical School of the West

35. Federal Agrotechnical School of Contention

36. Federal Agrotechnical School of Crato

37. Federal Agrotechnical School of Cuiabá

38. Federal Agrotechnical School of Iguatu

39. Federal Agrotechnical School of Inconfidants

40. Federal January Agrotechnical School

41. Federal Agrotechnical School of Machado

42. Federal Agrotechnical School of Manaus

43. Federal Agrotechnical School of Muzambinho

44. Federal Agrotechnical School of Rio do Sul

45. Federal Agrotechnical School of Rio Pomba

46. Agrotechnical Federal School of Rio Verde

47. Federal Agrotechnical School of Salinas

48. Federal Agrotechnical School of Santa Inês

49. Federal Agrotechnical School of Santa Teresa

50. Federal Agrotechnical School of St. Kitts

51. Federal Agrotechnical School of São Gabriel da Cachoeira

52. Federal Agrotechnical School of Saint John Evangelista

53. Federal Agrotechnical School of São Luís

54. Federal Agrotechnical School of Saint Vincent of the South

55. Federal Agrotechnical School of Satuba

56. Federal Agrotechnical School of the Lord of the Bonfim

57. Federal Agrotechnical School of Serton

58. Federal Agrotechnical School of Shadow

59. Federal Agrotechnical School of Sousa

60. Federal Agrotechnical School of Uberaba

61. Federal Agrotechnical School of Uberlândia

62. Federal Agrotechnical School of Urutai

63. Federal Agrotechnical School of Victory of Saint Anso

64. Federal Agrotechnical School President Juscelino Kubitschek

65. Federal Technical School of Mato Grosso

66. Black Gold Federal Technical School

67. Federal Technical School of Palms

68. Federal Technical School of Porto Velho

69. The Federal Technical School of Moura Rolim

70. Federal Technical School of Roraima

71. Federal Technical School of Santa Catarina

72. Federal Technical School of Santarém

73. Sergipe Federal Technical School

74. The Federal Technical School of Amazonas

75. Pedro II College

76. School of Pharmacy and Odontology of Alfenas

77. Federal School of Engineering of Itajubá

78. Mossoró's High School of Agriculture

79. Faculty of Agrarian Science of Pará

80. Faculty of Medicine of the Mineiro Triangle

81. Federal Faculty of Odontology of Diamantina

82. Foundation of Higher Education of Saint John del Rei

83. The Federal Faculty of Medical Sciences of Porto Alegre

84. Joaquim Nabuco Foundation

85. Federal University of Pelotas

86. Federal University of Piauí

Entity linked to the Ministry of Sport and Tourism:

87. EMBRATUR-Brazilian Institute of Tourism

Entities linked to the Ministry of Planning, Budget and Management:

88. Institute of Applied Economic Research-IPEA

89. Foundation Brazilian Institute of Geography and Statistics-IBGE

Entity linked to the Ministry of Transport:

90. National Department of Rhode Roads-DNER

Entity linked to the Ministry of Justice:

91. National Foundation of the Indian-FUNAI

Entity linked to the Ministry of Development, Industry and Foreign Trade:

92. Superintendence of the Franca Zone of Manaus-SUFRAMA

Entities linked to the Ministry of Health:

93. National Health Foundation

94. Oswaldo Cruz-FIOCRUZ Foundation

Entity linked to the Ministry of National Integration:

95. Superintendence of Amazonian Development-SUDAM