Statute of Federal Public Servants

Statute of Federal Public Servants

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Provides for the legal regime of the civil servants of the Union, autarchies and federal public foundations.

 

Preamble

CONSOLIDATED PUBLICATION OF LAW No. 8,112, OF DECEMBER 11, 1990, DETERMINED BY ART. 13 OF LAW No. 9,527, OF DECEMBER 10, 1997.
THE PRESIDENT OF THE REPUBLIC Let me know that the National Congress decrees and I sanction the following Law:

 

Title I – I

Sole Chapter I – Preliminary Provisions

Article 1

This Law establishes the Legal Regime for Civil Public Servants of the Union, of autarchies, including those under special regime, and of federal public foundations.

Article 2

For the purposes of this Law, a servant is a person legally invested in public office.

Article 3

Public office is the set of duties and responsibilities foreseen in the organizational structure that must be committed to a civil servant.
Single paragraph. Public positions, accessible to all Brazilians, are created by law, with their own denomination and salary paid by public coffers, to be filled in effect or in commission.

Article 4

The provision of free services is prohibited, except as provided for by law.

Title II – Provision, Vacancy, Removal, Redistribution and Replacement

Chapter I – Provision

Section I – General Provisions

Article 5

Basic requirements for investing in public office are:
I – Brazilian nationality;
II – the enjoyment of political rights;
III – discharge with military and electoral obligations;
IV – the level of education required to exercise the position;
V – the minimum age of eighteen years;
VI – physical and mental fitness.
Paragraph 1. The attributions of the position may justify the requirement of other requirements established by law.
Paragraph 2. Persons with disabilities are guaranteed the right to enroll in a public competition to fill a position whose duties are compatible with the disability of which they have a disability; up to 20% (twenty percent) of the places offered in the competition will be reserved for such persons.
§ 3 Federal universities and scientific and technological research institutions may provide their positions with foreign professors, technicians and scientists, in accordance with the rules and procedures of this Law. (Included by Law No. 9,515, 11/20/97)

Article 6

The filling of public offices will be done through an act of the competent authority of each branch.

Article 7

The investiture in public office will occur with the investiture.

Article 8

The following are forms of filling public office:
I – appointment;
II – promotion;
III – (Repealed by Law No. 9,527, of December 10, 1997)
IV – (Repealed by Law No. 9,527, of December 10, 1997)
V – readaptation;
VI – reversal;
VII – utilization;
VIII – reintegration;
IX – reappointment.

Section II – Appointment

Article 9

The appointment will be made:
I – on an effective basis, when dealing with an isolated position of effective provision or career;
II – on commission, including on an interim basis, for vacant trust positions. (Wording given by Law No. 9,527, dated 12.10.97)
Sole paragraph. The civil servant occupying a position on a committee or of a special nature may be appointed to exercise, interim, in another position of trust, without prejudice to the duties of which he currently occupies, in which case he must choose the remuneration of one of them during the interim period. . (Wording given by Law No. 9,527, dated 12.10.97)

Article 10

Appointment to a career position or isolated position of effective filling depends on prior qualification in a public exam for tests or tests and titles, subject to the order of classification and the term of validity.
Single paragraph. The other requirements for the entry and development of the civil servant in the career, through promotion, will be established by the law that establish the guidelines of the career system in the Federal Public Administration and its regulations. (Wording given by Law No. 9,527, dated 12.10.97)

Section III – Public Tender

Article 11

The competition will be tests or tests and titles, and can be carried out in two stages, as provided by the law and the regulations of the respective career plan, subject to the candidate’s registration to the payment of the amount set in the notice, when indispensable to its cost, and except for the cases of exemption expressly provided for therein. (Wording given by Law No. 9,527, dated 12.10.97)

Article 12

The public tender will be valid for up to 2 (two) years and may be extended only once, for an equal period.
§ 1 The term of validity of the contest and the conditions for its realization will be fixed in a public notice, which will be published in the Federal Official Gazette and in a large circulation daily newspaper.
Paragraph 2. A new contest will not be opened as long as there is a candidate approved in a previous contest with an expired term.

Section IV – Inauguration and Exercise

Article 13

The investiture will be made by the signature of the respective term, which shall contain the attributions, duties, responsibilities and rights inherent to the position held, which cannot be changed unilaterally by any of the parties, except for the official acts provided by law.
Paragraph 1. The investiture will take place within thirty days from the publication of the act of provision. (Wording given by Law No. 9,527, dated 12.10.97)
§ 2 In the case of a servant, who is on the date of publication of the act of provision, in a license provided for in items I, III and V of art. 81, or removed in the event of items I, IV, VI, VIII, points “a”, “b”, “d”, “e” and “f”, IX and X of art. 102, the term will be counted from the end of the impediment. (Wording given by Law No. 9,527, dated 12.10.97)
§ 3 The investiture may be made by means of a specific power of attorney.
Paragraph 4. There will only be tenure in cases of filling a position by appointment. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 5. In the act of investiture, the employee shall present a declaration of assets and values ​​that constitute his assets and a declaration as to whether or not to exercise another office, job or public function.
Paragraph 6. The act of provision shall be rendered void if the investiture does not occur within the period provided for in Paragraph 1 of this article.

Article 14

Public office tenure will depend on prior official medical inspection.
Single paragraph. Only those who are deemed physically and mentally fit for the position may be installed.

Article 15

Exercise is the effective performance of the duties of public office or the function of trust. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 1. It is fifteen days before the employee in office takes office, starting from the date of investiture. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 2. The civil servant shall be exonerated from his position or the act of his appointment to a trust function shall be rendered null and void , if he does not enter into office within the deadlines provided for in this article, subject to the provisions in art. 18. (Wording given by Law No. 9,527, dated 12.10.97)
§ 3 The competent authority of the organ or entity to which the civil servant is appointed or appointed is responsible for exercising it. (Wording given by Law No. 9,527, dated 12.10.97)
§ 4 The beginning of the exercise of a trust function shall coincide with the date of publication of the designation act, except when the server is on leave or away for any other legal reason, in which case it will fall on the first business day after the end of the impediment, which may not exceed thirty days of publication. (Included by Law No. 9,527, dated 12.10.97)

Article 16

The beginning, suspension, interruption and restart of the exercise will be registered in the individual settlement of the server.
Single paragraph. Upon entering into service, the server will present the necessary elements to its individual settlement to the competent body.

Article 17

The promotion does not interrupt the exercise time, which is counted in the new career position from the date of publication of the act that promotes the server. (Wording given by Law No. 9,527, dated 12.10.97)

Article 18

The civil servant who must exercise in another municipality due to having been removed, redistributed, requisitioned, assigned or put into provisional exercise will have at least ten and at most thirty days, counted from the publication of the act, for the resumption of the effective performance of the duties of the position, including within this period the time required to travel to the new headquarters. (Wording given by Law No. 9,527, dated 12.10.97)
§ 1 In the event that the server is on leave or legally removed, the term referred to in this article will be counted from the end of the impediment. (Paragraph renumbered and amended by Law No. 9,527, dated 12.10.97)
Paragraph 2. It is allowed for the server to decline the terms established in the caput. (Included by Law No. 9,527, dated 12.10.97)

Article 19

The civil servants will comply with the fixed working hours due to the attributions pertinent to the respective positions, respecting the maximum weekly work duration of forty hours and observing the minimum and maximum limits of six hours and eight hours, respectively. (Wording given by Law No. 8,270, dated 12.17.91)
§ 1 The person occupying a position in a commission or a trust function is subject to a regime of full dedication to the service, observing the provisions of art. 120, which can be called whenever there is an interest from the Management. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 2. The provisions of this article do not apply to working hours established in special laws. (Included by Law No. 8,270, 12.17.91)

Article 20

Upon entering into office, the civil servant appointed to the position of effective filling will be subject to probationary period for a period of 24 (twenty four) months, during which his aptitude and capacity will be object of evaluation for the performance of the position, observing the following factors: (see EMC nº 19)
I – attendance;
II – discipline;
III – capacity for initiative;
IV – productivity;
V- responsibility.
§ 1 Four months before the end of the probationary period, the performance evaluation of the civil servant will be submitted for approval by the competent authority, carried out in accordance with the law or the regulation of the career system, without prejudice to the continuation of the investigation. factors listed in items I to V of this article.
Paragraph 2. The civil servant not approved in the probationary stage shall be exonerated or, if stable, reappointed to the position previously held, subject to the provisions of the sole paragraph of art. 29.
§ 3 The civil servant in probationary stage may exercise any positions of filling in commission or functions of direction, leadership or advisory in the agency or entity of filling, and can only be assigned to another organ or entity to occupy positions of Special Nature, positions of provision in committee of the Senior Management and Advisory Group – DAS, at levels 6, 5 and 4, or equivalent. (Included by Law No. 9,527, dated 12.10.97)
§ 4 The probationary server may only be granted the licenses and leave provided for in arts. 81, items I to IV, 94, 95 and 96, as well as leave to participate in a training course resulting from approval in a competition for another position in the Federal Public Administration. (Included by Law 9.527, dated 12.10.97)
§ 5 The probationary internship will be suspended during the leave and leave provided for in arts. 83, 84, § 1, 86 and 96, as well as in the event of participation in a training course, and will be resumed from the end of the impediment. (Included by Law No. 9,527, dated 12.10.97)

Section V – Stability

Article 21

The civil servant qualified in public tender and sworn in to a position of effective provision will acquire stability in the public service after completing 2 (two) years of effective exercise. (term 3 years – see EMC nº 19)

Article 22

The stable servant will only lose his position due to a final judicial decision or a disciplinary administrative proceeding in which he is assured extensive defense.

Section VI – Transfer

Article 23

(Repealed by Law No. 9,527, dated 12.10.97)

Section VII – Readaptation

Article 24

Readaptation is the investiture of the server in charge of duties and responsibilities compatible with the limitation he has suffered in his physical or mental capacity verified in medical inspection.
Paragraph 1. If deemed incapable for the public service, the readaptant will be retired.
Paragraph 2. The readjustment will be carried out in a similar capacity, respecting the required qualification, level of education and equivalence of salaries and, in the event of no vacancy, the civil servant will exercise his duties as a surplus, until the vacancy occurs. given by Law No. 9,527, dated 12.10.97)

Section VIII – Reversion

Article 25

Reversion is the return to the activity of retired civil servant: (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)
I – due to disability, when the official medical board declares the reasons for retirement unsubstantiated; or (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
II – in the interest of management, provided that: (Included by Provisional Measure No. 2.225-45, dated 4.9.2001)
a) has requested the reversal; (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
b) retirement has been voluntary; (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
c) stable when in activity; (Included by Provisional Measure nº 2,225-45, dated 4.9.2001)
d) the retirement has occurred in the five years preceding the request; (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
e) there is a vacant position. (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
§ 1 The reversal will take place in the same position or in the position resulting from its transformation. (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
Paragraph 2. The time that the employee is in office will be considered for the granting of retirement. (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
§ 3 In the case of item I, if the position is filled, the employee will exercise his duties as a surplus, until the vacancy occurs. (Included by Provisional Measure nº 2,225-45, dated 4.9.2001)
Paragraph 4. The servant who returns to the activity in the interest of the administration will perceive, in replacement of the retirement earnings, the remuneration of the position that he returns to exercise, including the personal advantages that he perceived before retirement. (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
§ 5 The employee referred to in item II will only have earnings calculated based on the current rules if he remains at least five years in office. (Included by Provisional Measure No. 2,225-45, dated 4.9.2001)
§ 6 The Executive Branch will regulate the provisions of this article. (Included by Provisional Measure nº 2,225-45, dated 4.9.2001)

Article 26

(Repealed by Provisional Measure No. 2,225-45, dated 4.9.2001)

Article 27

The retiree who has already turned 70 (seventy) years of age cannot revert.

Section IX – Reintegration

Article 28

. Reintegration is the reinvestment of the permanent employee in the position previously held, or in the position resulting from his transformation, when his dismissal is invalidated by administrative or judicial decision, with reimbursement for all advantages.
§ 1 In the event that the position has been extinguished, the server will be available, subject to the provisions of arts. 30 and 31.
§ 2 If the position is filled, its eventual occupant will be returned to the position of origin, without the right to indemnity or taken advantage of in another position, or even made available.

Section X – Renewal

Article 29

Renewal is the return of the stable employee to the position previously held and will result from:
I – disqualification in a probationary stage regarding another position;
II – reintegration of the previous occupant.
Single paragraph. If the position of origin is provided, the server will be used in another, observing the provisions of art. 30.

Section XI – Availability and Utilization

Article 30

The return to server activity in availability will be made through mandatory use in charge of assignments and salaries compatible with the previously occupied.

Article 31

The Central body of the Civil Personnel System will determine the immediate use of a civil servant in a vacancy that may occur in the bodies or entities of the Federal Public Administration.
Single paragraph. In the event provided for in paragraph 3 of art. 37, the server made available may be kept under the responsibility of the central body of the Civil Personnel System of the Federal Administration – SIPEC, until its adequate use in another body or entity. (Paragraph included by Law No. 9,527, dated 12.10.97)

Article 32

The use will be canceled and the availability will be forfeited if the server does not start working within the legal term, except for a disease proven by an official medical board.

Chapter II – Vacancy

Article 33

Vacancies in public office will result from:
I – dismissal;
II – dismissal;
III – promotion;
IV – (Repealed by Law No. 9,527, of December 10, 1997)
V – (Repealed by Law No. 9,527, of December 10, 1997)
VI – readaptation;
VII – retirement;
VIII – tenure in another position that cannot be accumulated;
IX – death.

Article 34

The exoneration of effective position will occur at the request of the server, or of office.
Single paragraph. The exoneration of office shall take place:
I – when the conditions of the probationary period are not met;
II – when, having taken office, the servant does not start exercising within the established period.

Article 35

The exoneration from a position in commission and the waiver of a trust function will occur: (Wording given by Law No. 9,527, dated 12.10.97)
I – at the discretion of the competent authority;
II – at the request of the server itself.
Single paragraph. (Repealed by Law No. 9,527, dated 12.10.97)

Chapter III – Removal and Redistribution

Section I – Removal

Article 36

Removal is the displacement of the server, at the request or ex officio, within the same framework, with or without a change of headquarters.
Single paragraph. For the purposes of the provisions of this article, removal modalities are understood to be: (Wording given by Law No. 9,527, dated 12.10.97)
I – on official notice , in the interest of the Administration; (Included by Law No. 9,527, dated 12.10.97)
II – upon request, at the discretion of the Administration; (Included by Law No. 9,527, of December 10, 1997)
III – upon request, to another location, regardless of Management’s interest: (Included by Law No. 9,527, of December 10, 1997)
a) to accompany a spouse or partner, also a civil or military civil servant, of any of the Powers of the Union, the States, the Federal District and the Municipalities, which was displaced in the interest of the Administration; (Included by Law No. 9,527, dated 12.10.97)
b) due to the health of the servant, spouse, partner or dependent who lives at his / her expense and is part of his / her functional settlement, subject to proof by an official medical board; (Included by Law No. 9,527, dated 12.10.97)
c) due to the selection process promoted, in the event that the number of interested parties is greater than the number of vacancies, according to rules pre-established by the body or entity in which they are located (Included by Law No. 9,527, dated 12.10.97)

Section II – Redistribution

Article 37

Redistribution is the displacement of an effective, occupied or vacant position within the general staff, to another body or entity of the same Power, with prior appreciation of the central body of SIPEC, observing the following precepts: (Wording given by Law no. 9,527, dated 12.10.97)
I – management interest; (Included by Law No. 9,527, dated 12.10.97)
II – maturity equivalence; (Included by Law No. 9,527, dated 12.10.97)
III – maintaining the essence of the duties of the position; (Included by Law No. 9,527, dated 12.10.97)
IV – link between the degrees of responsibility and the complexity of the activities; (Included by Law No. 9,527, dated 12.10.97)
V – same level of education, specialty or professional qualification; (Included by Law No. 9,527, dated 12.10.97)
VI – compatibility between the duties of the position and the institutional purposes of the body or entity. (Included by Law No. 9,527, dated 12.10.97)
§ 1 The redistribution will occur ex officio to adjust the capacity and workforce to the needs of the services, including in the cases of reorganization, extinction or creation of an agency or entity. (Included by Law 9.527, dated 12.10.97)
§ 2 The redistribution of vacant positions will take place through a joint act between the central body of SIPEC and the bodies and entities of the Federal Public Administration involved. (Included by Law No. 9,527, dated 12.10.97)
Paragraph 3. In the event of reorganization or extinction of an organ or entity, the position is extinguished or its needlessness is declared in the organ or entity, the stable servant who is not redistributed will be placed on availability, until its use in the form of arts. 30 and 31. (Paragraph renumbered and amended by Law No. 9,527, dated 12.10.97)
§ 4 The server that is not redistributed or placed on availability may be kept under the responsibility of the central body of SIPEC, and have a provisional exercise, in another body or entity, until its proper use. (Included by Law No. 9,527, dated 12.10.97)

Chapter IV – Replacement

Article 38

The civil servants invested in a position or function of management or leadership and the occupants of a position of a Special Nature will have substitutes indicated in the bylaws or, in the case of omission, previously appointed by the top director of the agency or entity. (Wording given by Law No. 9,527, dated 12.10.97)
§ 1 The substitute shall assume automatically and cumulatively, without prejudice to the position he holds, the exercise of the position or function of management or leadership and those of a Special Nature, on leave, legal impediments or regulations of the holder and in the vacancy of the position, hypotheses in which he must choose the remuneration of one of them during the respective period. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 2. The substitute shall be entitled to remuneration for the exercise of the position or function of a director or manager or of a Special Nature position, in cases of leave or legal impediments of the holder, exceeding thirty consecutive days, paid in proportion to the days of effective replacement, exceed that period. (Wording given by Law No. 9,527, dated 12.10.97)

Article 39

The provisions of the previous article apply to holders of administrative units organized at the advisory level.

Title III – Rights and Advantages

Chapter I – Salary and Remuneration

Article 40

Expiration is the pecuniary remuneration for the exercise of public office, with an amount fixed by law.
Single paragraph. No employee will receive, as a salary, less than the minimum wage.

Article 41

Remuneration is the maturity of the effective position, plus the permanent pecuniary advantages established by law.
§ 1 The remuneration of the employee invested in a function or position in commission will be paid as provided for in art. 62.
§ 2 The servant invested in a position in a commission of an organ or entity other than that of his or her capacity will receive remuneration in accordance with the provisions of § 1 of art. 93.
§ 3 The maturity of the effective position, plus the advantages of a permanent character, is irreducible.
§ 4 The salary isonomy is guaranteed for positions of equal or similar attributions of the same Power, or between servants of the three Powers, except for the advantages of an individual character and those related to nature or the workplace.

Article 42

No civil servant may perceive, monthly, as remuneration, an amount greater than the sum of the amounts perceived as remuneration, in kind, in any capacity, within the respective Powers, by the Ministers of State, by members of the National Congress and Ministers of the Supreme Court Federal.
Single paragraph. The advantages provided for in items II to VII of art. 61.

Article 43

(Repealed by Law No. 9,624, dated 2.4.98) (See Law No. 9.624, dated 2.4.98)

Article 44

The server will lose:
I – the remuneration of the day on which he misses the service, without justified reason; (Wording given by Law No. 9,527, dated 12.10.97)
II – the portion of daily remuneration, proportional to the delays, justified absences, except for the concessions referred to in art. 97, and early departures, except in the event of schedule compensation, up to the month following the occurrence, to be established by the immediate superior. (Wording given by Law No. 9,527, dated 12.10.97)
Sole paragraph. Justified absences resulting from unforeseeable circumstances or force majeure may be compensated at the discretion of the immediate superior, thus being considered as an effective exercise. (Included by Law No. 9,527, dated 12.10.97)

Article 45

Except for legal imposition, or court order, no discount will apply to remuneration or earnings. (Regulation)
Sole paragraph. Upon authorization from the server, there may be consignment in payroll in favor of third parties, at the discretion of the administration and with replacement of costs, as defined in the regulation.

Article 46

Replacements and indemnities to the treasury, updated until June 30, 1994, will be previously communicated to the active, retired employee or pensioner, for payment, within a maximum period of thirty days, and may be paid in installments, at the request of the interested party. (Wording given by Provisional Measure No. 2,225-45, dated 4.9.2001)
Paragraph 1. The amount of each installment may not be less than that corresponding to ten percent of the remuneration, earnings or pension. (Wording given by Provisional Measure No. 2,225-45, dated 4.9.2001)
§ 2 When the undue payment occurred in the month prior to the processing of the sheet, the replacement will be made immediately, in a single installment. (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)
§ 3 In the event of amounts received as a result of compliance with the preliminary injunction, the preliminary injunction or the sentence that may be revoked or terminated, they will be updated until the date of replacement. (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)

Article 47

The servant in debt with the treasury, who is dismissed, exonerated or who has his retirement or his availability canceled, will have sixty days to settle the debt. (Wording given by Provisional Measure No. 2,225-45, dated 4.9.2001)
Sole paragraph. Failure to settle the debt within the prescribed period will imply enrollment in an active debt. (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)

Article 48

Maturity, remuneration and earnings will not be subject to seizure, kidnapping or attachment, except in the case of maintenance payments resulting from a court decision.

Chapter II – Advantages

Article 49

In addition to the salary, the following benefits may be paid to the server:
I – indemnities;
II – gratuities;
III – additional.
§ 1 The indemnities are not included in the salary or earnings for any purpose.
Paragraph 2. Bonuses and additions are included in the salary or pay, in the cases and conditions indicated by law.

Article 50

The pecuniary advantages will not be counted, nor accumulated, for the purpose of granting any other subsequent pecuniary additions, under the same title or identical basis.

Section I – Indemnities

Article 51

The following are indemnities to the server:
I – allowance;
II – daily rates;
III – transportation.
IV – housing assistance. (Included by Law nº 11.355, of 2006)

Article 52

The amounts of indemnities established in items I to III of art. 51, as well as the conditions for granting it, will be established in regulations. (Wording given by Law nº 11.355, of 2006)

Subsection I – Allowance

Article 53

The allowance is intended to offset the costs of installing the server that, in the interest of the service, will be exercised in a new headquarters, with a permanent change of address, the double payment of indemnity being prohibited, at any time, in the in the event that the spouse or partner who also holds the status of a servant, will exercise at the same headquarters. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 1. The expenses of transporting the servant and his family are incurred by the administration, including tickets, luggage and personal property.
Paragraph 2. The family of the servant who dies at the new headquarters is entitled to allowances and transportation to the place of origin, within a period of 1 (one) year, counted from the death.

Article 54

The allowance is calculated on the remuneration of the server, as provided by regulation, and cannot exceed the amount corresponding to 3 (three) months.

Article 55

No allowance will be given to the servant who leaves office, or resumes it, due to an elective mandate.

Article 56

Subsistence allowance will be granted to anyone who, not being a Union servant, is appointed to a commission position, with a change of address.
Single paragraph. In the removal provided for in item I of art. 93, the subsistence allowance will be paid by the assigning body, when applicable.

Article 57

The server will be obliged to refund the subsistence allowance when, unjustifiably, he does not appear at the new headquarters within 30 (thirty) days.

Subsection II – Daily Rates

Article 58

The servant who, in service, leaves the headquarters on an occasional or transitory basis to another point in the national territory or abroad, will be entitled to tickets and daily allowances intended to compensate the installments of extraordinary expenses with lodging, food and urban transportation, as provided by regulation. (Wording given by Law No. 9,527, dated 12.10.97)
§ 1 The daily rate will be granted per day of absence, being due in half when the displacement does not require an overnight stay outside the headquarters, or when the Union defrays, through different means, the expenses Extraordinary coverage per day. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 2. In cases where the displacement of the headquarters is a permanent requirement of the position, the server will not be entitled to daily rates.
Paragraph 3. The servant who moves within the same metropolitan region, urban agglomeration or micro-region, constituted by neighboring municipalities and regularly instituted, or in areas of integrated control maintained with neighboring countries, whose jurisdiction and competence of the bodies, will not be entitled to daily rates. Brazilian entities and civil servants are considered extended, unless there is an overnight stay outside the headquarters, hypotheses in which the daily rates paid will always be those fixed for the removals within the national territory. (Included by Law No. 9,527, dated 12.10.97)

Article 59

The server that receives daily rates and does not leave the headquarters, for any reason, is obliged to refund them in full, within 5 (five) days.
Single paragraph. In the event that the servant returns to the headquarters in a shorter period than that foreseen for his or her leave, he / she will refund the excess daily rates, within the term provided for in the caput.

Subsection III – Transportation Indemnity

Article 60

Transportation indemnity will be granted to the server that incurs expenses with the use of its own means of transportation for the execution of external services, under the duties of the position, as provided by regulation.

Subsection IV – Housing Allowance

Article 60a

Housing assistance consists of the reimbursement of expenses proven to be incurred by the server with housing rent or with accommodation managed by a hotel company, within one month after the expense has been proven by the server. (Included by Law 11.355, of 2006)

Article 60-B

Housing assistance will be granted to the server if the following requirements are met: (Included by Law 11.355, of 2006)
I – there is no functional property available for use by the server; (Included by Law 11.355, of 2006)
II – the spouse or partner of the servant does not occupy a functional property; (Included by Law 11.355, of 2006)
III – the servant or his spouse or partner is not or has been the owner, promissory buyer, assignee or promissory assignee of property in the Municipality where he will exercise the position, including the hypothesis of a lot built without construction registration, in the twelve months preceding his appointment; (Included by Law 11.355, of 2006)
IV – no other person residing with the server receives housing assistance; (Included by Law 11.355, of 2006)
V – the employee has moved from his / her place of residence to occupy a position in a commission or a trust function of the Senior Management and Advisory Group – DAS, levels 4, 5 and 6, of a Special Nature , Minister of State or equivalent; (Included by Law 11.355, of 2006)
VI – the Municipality in which he / she assumes the position in commission or trust function does not fall under the hypotheses of art. 58, § 3, in relation to the server’s place of residence or domicile; (Included by Law 11.355, of 2006)
VII – the servant has not been domiciled or has resided in the Municipality, in the last twelve months, wherever he / she will exercise his / her position in commission or trust function, disregarding a term of less than sixty days within that period; and (Included by Law 11.355, of 2006)
VIII – the displacement has not been due to changes in capacity or appointment to an effective position. (Included by Law nº 11.355, of 2006)
IX – the displacement occurred after June 30, 2006. (Included by Law nº 11.490, of 2007)
Sole paragraph. For the purposes of item VII, the period in which the server was occupying another position in the commission listed in item V. (Included by Law No. 11.355, of 2006) will not be considered.

Article 60c

The housing allowance will not be granted for a period of more than five years within each eight-year period, even if the civil servant changes his position or Municipality to exercise his position. (Included by Law 11.355, of 2006)
Sole paragraph. After the five-year concession period has elapsed, payment will only be resumed if, in addition to the provisions of the caput, the requirements of the caput of art. 60-B, in which case, the sole paragraph of the aforementioned art. 60-B. (Included by Law 11.355, of 2006)

Article 60-D

The value of the housing allowance is limited to twenty-five percent of the value of the commissioned position held by the civil servant and, in any event, cannot exceed the housing allowance received by the Minister of State. (Included by Law 11.355, of 2006)

Article 60-E

In the event of death, dismissal, placement of a functional property at the disposal of the server or acquisition of property, the housing allowance will continue to be paid for one month. (Included by Law 11.355, of 2006)

Section II – Gratuities and Additions

Article 61

In addition to the salary and benefits provided for in this Law, the following remuneration, bonuses and additional payments will be granted to the civil servants: (Wording given by Law No. 9,527, dated 12.10.97)
I – remuneration for the exercise of management, leadership and advisory functions; (Wording given by Law No. 9,527, dated 12.10.97)
II – Christmas bonus;
III – (Revoked by Provisional Measure No. 2,225-45, dated 4.9.2001)
IV – additional for the exercise of unhealthy, dangerous or painful activities;
V – additional for the provision of extraordinary service;
VI – night additional;
VII – vacation bonus;
VIII – others, related to the place or nature of the work.
IX – bonus for course or contest charge. (Included by Law No. 11,314 of 2006)

Subsection I – Remuneration for the Exercise of Management, Headship and Advisory Function

Article 62

Servants occupying an effective position invested in the direction of management, leadership or advisory, position in the commission or Special Nature are due for their exercise (Wording given by Law No. 9,527, 12.10.97)
Sole paragraph. Specific law will establish the remuneration of the positions in commission referred to in item II of art. 9th. (Wording given by Law No. 9,527, dated 12.10.97)

Article 62a

It is transformed into Nominally Identified Personal Advantage – VPNI the incorporation of the remuneration for the exercise of the function of management, leadership or advisory, position of filling in commission or of a Special Nature referred to in arts. 3 and 10 of Law 8,911, of July 11, 1994, and art. 3 of Law No. 9,624, of April 2, 1998. (Included by Provisional Measure No. 2,225-45, of 4.9.2001)
Sole paragraph. The VPNI referred to in the caput of this article will only be subject to general remuneration reviews by federal civil servants. (Included by Provisional Measure nº 2,225-45, dated 4.9.2001)

Subsection II – Christmas Bonus

Article 63

The Christmas bonus corresponds to 1/12 (one twelfth) of the remuneration to which the employee is entitled in December, per month of exercise in the respective year.
Single paragraph. The fraction equal to or greater than 15 (fifteen) days will be considered as a full month.

Article 64

The bonus will be paid until the 20th (twenty) day of December of each year.
Single paragraph. (VETOED).

Article 65

The exonerated servant will perceive his Christmas bonus, proportionally to the months of exercise, calculated on the remuneration of the month of exoneration.

Article 66

The Christmas bonus will not be considered for the calculation of any financial advantage.

Subsection III – Additional for length of service

Article 67

(Repealed by Provisional Measure nº 2,225-45, of 2001, respecting the situations constituted up to 8.3.1999)

Subsection IV – Additional Unhealthy, Hazardous or Poisonous Activities

Article 68

. Civil servants who normally work in unhealthy places or in permanent contact with toxic, radioactive or life-threatening substances, are entitled to an additional on the expiration of the effective position.
§ 1 The server that is entitled to the unhealthy and dangerous premiums must choose one of them.
Paragraph 2. The right to an unhealthy or dangerous premium is terminated with the elimination of the conditions or risks that gave rise to its concession.

Article 69

There will be permanent control of the activity of servers in operations or places considered painful, unhealthy or dangerous.
Single paragraph. The pregnant or lactating servant will be removed, for the duration of pregnancy and lactation, from the operations and places provided for in this article, exercising her activities in a healthy and non-painful and non-dangerous service.

Article 70

In the granting of additional painful activities, unhealthy and dangerous, the situations established in specific legislation will be observed.

Article 71

The extra for painful activity will be due to civil servants in border areas or in locations whose living conditions justify it, under the terms, conditions and limits set in regulation.

Article 72

Workplaces and servers that operate with X-rays or radioactive substances will be kept under permanent control, so that the doses of ionizing radiation do not exceed the maximum level provided for in the legislation itself.
Single paragraph. The servers referred to in this article will undergo medical examinations every 6 (six) months.

Subsection V – Additional for Extraordinary Service

Article 73

Extraordinary service will be remunerated with an increase of 50% (fifty percent) in relation to normal working hours.

Article 74

Extraordinary service will only be allowed to attend exceptional and temporary situations, respecting the maximum limit of 2 (two) hours per day.

Subsection VI – Nightly Additional

Article 75

The night service, provided between 22 (twenty-two) hours a day and 5 (five) hours the next day, will have an hourly rate plus 25% (twenty-five percent), each being computed hour like fifty-two minutes and thirty seconds.
Single paragraph. In the case of extraordinary service, the addition referred to in this article will apply to the remuneration provided for in art. 73.

Subsection VII – Vacation Additional

Article 76

Regardless of the request, an additional fee corresponding to 1/3 (one third) of the holiday pay will be paid to the server during the holidays.
Single paragraph. In the event that the civil servant exercises a management, leadership or advisory role, or occupies a position in a committee, the respective advantage will be considered in the calculation of the additional referred to in this article.

Subsection VIII – Bonus for Course or Competition Charge

Article 76a

The Bonus for Course or Contest Charge is due to the servant who, in an eventual character: (Included by Law nº 11.314 of 2006) (Regulation)
I – act as an instructor in a training, development or training course regularly instituted within the scope of federal public administration; (Included by Law 11.314 of 2006)
II – participate in an examining board or in a committee for oral exams, for curriculum analysis, for correction of discursive tests, for the elaboration of questions of tests or for the judgment of appeals brought by candidates; (Included by Law No. 11,314 of 2006)
III – participate in the logistics of preparing and conducting a public contest involving activities of planning, coordination, supervision, execution and evaluation of results, when such activities are not included among its permanent duties; (Included by Law No. 11,314 of 2006)
IV – participate in the application, supervise or evaluate tests of entrance exams or public exams or supervise these activities. (Included by Law 11.314 of 2006)
§ 1 The concession criteria and the bonus limits referred to in this article will be set out in regulation, subject to the following parameters: (Included by Law 11.314 of 2006)
I – the value of the bonus will be calculated in hours, observing the nature and complexity of the activity performed; (Included by Law 11.314 of 2006)
II – the remuneration may not exceed the equivalent of 120 (one hundred and twenty) hours of annual work, except for exceptional circumstances, duly justified and previously approved by the highest authority of the body or entity, which may authorize the addition of up to 120 (one hundred and twenty) hours of annual work; (Included by Law 11.314 of 2006)
III – the maximum hourly rate will correspond to the following percentages, levied on the highest basic salary of the federal public administration: (Included by Law 11.314 of 2006)
a) 2.2% (two integers and two tenths percent), in the case of activities provided for in items I and II of the caput of this article; (Wording given by Law No. 11,501, of 2007)
b) 1.2% (one integer and two tenths percent), in the case of the activity provided for in items III and IV of the caput of this article. (Wording given by Law 11.501, of 2007)
Paragraph 2. The Gratification for Course or Contest Charge will only be paid if the activities referred to in the caput of this article are exercised without prejudice to the duties of the position that the server is the holder of, and be object of workload compensation when performed during the working day, in the form of § 4 of art. 98 of this Law. (Included by Law No. 11,314 of 2006)
§ 3 The Bonus for Course or Competition Charge is not included in the salary or salary of the employee for any purpose and cannot be used as a basis for calculating any other benefits, including for the purposes of calculating the retirement and pension benefits. (Included by Law No. 11,314 of 2006)

Chapter III – Vacation

Article 77

The server will be entitled to thirty days of vacation, which can be accumulated, up to a maximum of two periods, in case of need for the service, except in the cases in which there is specific legislation. (Wording given by Law No. 9,525, of December 10, 1997) (Minister’s Vacations – See)
§ 1 For the first vacation acquisition period, 12 (twelve) months of exercise will be required.
Paragraph 2. It is forbidden to take any shortage of service to the vacation account.
§ 3 The vacation may be divided into up to three stages, as long as required by the server, and in the interest of the public administration. (Included by Law No. 9,525, dated 12.10.97)

Article 78

The payment of vacation pay will be made up to 2 (two) days before the beginning of the respective period, observing the provisions of § 1 of this article. (Vacation of Minister – See)
§ 1 and § 2 (Repealed by Law No. 9,527, dated 12.10.97)
§ 3 The employee released from office, or on commission, will receive compensation for the period of vacation to which he is entitled and incomplete, in the proportion of twelve twelfth per month of effective exercise, or fraction greater than fourteen days. (Included by Law No. 8,216, 8/13/91)
§ 4 The indemnity will be calculated based on the remuneration of the month in which the exoneratory act is published. (Included by Law No. 8,216, 8/13/91)
§ 5 In case of installment payment, the server will receive the additional amount provided for in item XVII of art. 7 of the Federal Constitution when using the first period. (Included by Law No. 9,525, dated 12.10.97)

Article 79

The server that operates directly and permanently with X-rays or radioactive substances will enjoy 20 (twenty) consecutive days of vacation, per semester of professional activity, prohibited in any case the accumulation.
Single paragraph. (Repealed by Law No. 9,527, dated 12.10.97)

Article 80

Vacations can only be interrupted due to public calamity, internal commotion, summons to a jury, military or electoral service, or due to the need for the service declared by the highest authority of the body or entity. ) (Minister’s Vacation – See)
Sole paragraph. The remainder of the interrupted period will be taken in one go, subject to the provisions of art. 77. (Included by Law No. 9,527, dated 12.10.97)

Chapter IV – Licenses

Section I – General Provisions

Article 81

The server will be granted a license:
I – due to illness in the family;
II – due to the removal of the spouse or partner;
III – for military service;
IV – for political activity;
V – for training; (Wording given by Law No. 9,527, dated 12.10.97)
VI – to address private interests;
VII – for performance of class mandate.
§ 1 The license provided for in item I shall be preceded by an examination by a physician or official medical board.
Paragraph 2 (Repealed by Law No. 9,527, dated 12.10.97)
Paragraph 3 The exercise of paid activity during the period of the license provided for in item I of this article is prohibited.

Article 82

The license granted within 60 (sixty) days after the expiration of another license of the same type will be considered as an extension.

Section II – Leave for Reason of Illness in a Family Member

Article 83

Leave may be granted to the server due to illness of the spouse or partner, parents, children, stepfather or stepmother and stepson, or dependent who lives at his own expense and appears in his functional settlement, upon proof by the official medical board. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 1. The license will only be granted if the direct assistance of the server is indispensable and cannot be provided simultaneously with the exercise of the position or through compensation of hours, as provided in item II of art. 44. (Wording given by Law No. 9,527, of December 10, 1997)
Paragraph 2. The license shall be granted without prejudice to the remuneration of the effective position, up to thirty days, and may be extended for up to thirty days, upon the opinion of an official medical board and, exceeding these terms, without remuneration, for up to ninety days. (Wording given by Law No. 9,527, dated 12.10.97)

Section III – Leave for Reason of Removal from Spouse

Article 84

A license may be granted to the server to accompany a spouse or partner who has been moved to another point in the national territory, abroad or to exercise an elective mandate from the Executive and Legislative Powers.
§ 1 The license will be for an indefinite period and without remuneration.
Paragraph 2. In the displacement of a servant whose spouse or partner is also a public servant, civil or military, of any of the Powers of the Union, the States, the Federal District and the Municipalities, there may be a provisional exercise in a body or entity of the direct, autarchic Federal Administration or foundational, provided that for the exercise of activity compatible with his position. (Wording given by Law No. 9,527, dated 12.10.97)

Section IV – License for Military Service

Article 85

The servant summoned for military service will be granted a license, in the form and conditions provided for in the specific legislation.
Single paragraph. After the military service is concluded, the civil servant will have up to 30 (thirty) days without remuneration to resume the exercise of the position.

Section V – License for Political Activity

Article 86

The civil servant will be entitled to leave, without remuneration, during the period between his choice in a party convention, as a candidate for elective office, and the day before his candidacy was registered with the Electoral Justice.
Paragraph 1. The candidate candidate for elective office in the locality where he performs his duties and who holds a position of direction, leadership, advice, collection or inspection, shall be removed from him, from the day immediately after the registration of his candidacy before the Electoral Justice, until the tenth day after the election. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 2. From the registration of the candidacy and up to the tenth day following the election, the server shall be entitled to the license, with the maturity of the effective position ensured, only for the period of three months. (Wording given by Law No. 9,527, dated 12.10.97)

Section VI – Prize Leave for Attendance

Article 87

After each five-year period of effective exercise, the employee may, in the interest of the Administration, withdraw from the exercise of the effective position, with the respective remuneration, for up to three months, to participate in a professional training course. (Wording given by Law No. 9,527, dated 12.10.97)
Sole paragraph. The periods of leave referred to in the caput are not cumulative.

Article 88

(Repealed by Law No. 9,527, dated 12.10.97)

Article 89

(Repealed by Law No. 9,527, dated 12.10.97)

Article 90

(VETOED).

Section VII – License to Treat Particular Interests

Article 91

At the discretion of the Administration, the employee in office may be granted, as long as it is not in a probationary stage, licenses to deal with private matters for a period of up to three consecutive years, without remuneration. (Wording given by Provisional Measure No. 2,225-45, dated 4.9.2001)
Sole paragraph. The license may be interrupted, at any time, at the request of the server or in the interest of the service. (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)

Section VIII – License to Perform Classist Mandate

Article 92

The server is guaranteed the right to leave without remuneration for the performance of a mandate in a confederation, federation, national class association, union representing the category or inspection body of the profession, or even to participate in management or administration in a cooperative society established by public servants to provide services to its members, subject to the provisions of paragraph c of item VIII of art. 102 of this Law, as provided by regulation and subject to the following limits: (Wording given by Law No. 11,094, of 2005) (Regulation)
I – for entities with up to 5,000 members, one server; (Item included by Law No. 9,527, dated 12.10.97)
II – for entities with 5,001 to 30,000 members, two servers; (Item included by Law No. 9,527, dated 12.10.97)
III – for entities with more than 30,000 members, three servers. (Item included by Law 9.527, dated 12.10.97)
§ 1 Only elected officials may be licensed for management or representation positions in said entities, provided they are registered with the Ministry of Federal Administration and State Reform. (Wording given by Law No. 9,527, dated 12.10.97)
§ 2 ° The license shall have the same duration as the term of office, and may be extended, in the case of reelection, and only once.

Chapter V – Removal

Section I – Withdrawal to Serve Another Body or Entity

Article 93

The server may be assigned to exercise in another body or entity of the Powers of the Union, of the States, or of the Federal District and of the Municipalities, in the following hypotheses: (Wording given by Law nº 8.270, of 17.12.91) (Regulation) ( See Decree No. 4,493, dated 12.32.2002) (Regulation)
I – to exercise a position in a committee or a trust function; (Wording given by Law No. 8,270, 12.17.91)
II – in cases provided for in specific laws. (Wording given by Law No. 8,270, 12.17.91)
§ 1 In the event of item I, with the assignment to bodies or entities of the States, the Federal District or the Municipalities, the burden of remuneration will be of the assigning body or entity, maintaining the burden for the assignor in other cases. (Wording given by Law No. 8,270, 12.17.91)
Paragraph 2. In the event that the servant assigned to a public company or mixed-capital company, under the terms of the respective rules, chooses the remuneration of the effective position or the remuneration of the effective position plus a percentage of the remuneration for the position in commission, the assignee entity reimbursement of expenses incurred by the original agency or entity. (Wording given by Law nº 11.355, of 2006)
§ 3 The assignment will be made through Ordinance published in the Official Gazette of the Union. (Wording given by Law no. 8,270, of 12.17.91)
§ 4 By express authorization of the President of Republic, the Executive Branch employee may exercise in another body of the direct Federal Administration that does not have its own staff, for a specific purpose and for a fixed term. (Included by Law No. 8,270, 12.17.91)
§ 5 The provisions of §§ 1 and 2 of this article apply to the Union, in the case of an employee or server requested by it. (Wording given by Law No. 10,470, dated 6.25.2002)
§ 6º The assignments of employees of a public company or a mixed capital company, which receives resources from the National Treasury for the total or partial costing of its personnel payroll, are independent of the provisions contained in items I and II and §§ 1 and 2 of this article, the exercise of the assigned employee being conditioned to the specific authorization of the Ministry of Planning, Budget and Management, except in cases of occupying a position in a commission or a paid function. (Included by Law No. 10,470, dated 6.25.2002)
§ 7 ° The Ministry of Planning, Budget and Management, in order to promote the composition of the workforce of the bodies and entities of the Federal Public Administration, may determine the capacity or exercise of employee or servant, regardless of compliance with item I and in §§ 1 and 2 of this article. (Included by Law No. 10,470, dated 6.25.2002) (See Decree No. 5,375, 2005)

Section II – Removal for Exercise of Elective Mandate

Article 94

The following provisions apply to employees invested in an elective term:
I – in the case of a federal, state or district term, they will be removed from their position;
II – invested in the term of Mayor, he will be removed from office, being allowed to choose his remuneration;
III – invested in the councilor’s mandate:
a) if there is a compatibility schedule, he will realize the advantages of his position, without prejudice to the remuneration of the elective office;
b) if there is no compatibility in the timetable, you will be removed from your position, and you will be able to choose your compensation.
§ 1 In the event of removal from office, the employee shall contribute to social security as if he were in office.
§ 2 The civil servant invested in an elective or class mandate may not be removed or redistributed from office to a location other than that in which he exercises his mandate.

Section III – Removal for Study or Mission Abroad

Article 95

The servant cannot leave the country for study or official mission, without authorization from the President of the Republic, President of the Legislative Organs and President of the Supreme Federal Court.
§ 1 The absence will not exceed 4 (four) years, and after the mission or study ends, only after the same period, a new absence will be allowed.
Paragraph 2. The employee benefited by the provisions of this article shall not be granted an exemption or license to deal with a private interest before the same period as the removal has elapsed, except for the possibility of reimbursement of the expense incurred with his removal.
§ 3 The provisions of this article do not apply to servants of the diplomatic career.
§ 4 The hypotheses, conditions and forms for the authorization referred to in this article, including with regard to the remuneration of the civil servant, shall be regulated by regulation. (Included by Law No. 9,527, dated 12.10.97)

Article 96

The removal of a servant to serve in an international organization in which Brazil participates or with which it cooperates will occur with total loss of remuneration. (See Decree No. 3,456, of 2000)

Chapter VI – Concessions

Article 97

Without prejudice, the server may be absent from the service:
I – for 1 (one) day, for blood donation;
II – for 2 (two) days, to register as a voter;
III – for 8 (eight) consecutive days due to:
a) marriage;
b) death of spouse, partner, parents, stepmother or stepfather, children, stepchildren, minor in custody or guardianship and siblings.

Article 98

Special hours will be granted to the student server, when the incompatibility between the school hours and the office hours is proven, without prejudice to the exercise of the position.
Paragraph 1. For the purposes of the provisions of this article, compensation for hours will be required by the agency or entity that exercises, respecting the weekly duration of work. (Paragraph renumbered and amended by Law No. 9,527, dated 12.10.97)
Paragraph 2. Special hours will also be granted to the employee with a disability, when the need is confirmed by an official medical board, regardless of time compensation. (Included by Law No. 9,527, dated 12.10.97)
§ 3 The provisions of the previous paragraph are extended to the servant who has a spouse, child or dependent with a physical disability, however, in this case, time compensation is required in the form of item II of art. 44. (Included by Law 9.527, dated 12.10.97)
§ 4o Special hours will also be granted, linked to the time compensation to be carried out within a period of up to 1 (one) year, to the employee who performs the activity provided for in items I and II of the caput of art. 76-A of this Law. (Wording given by Law nº 11.501, of 2007)

Article 99

Student servants who change headquarters in the interest of the administration are guaranteed, in the location of the new residence or in the nearest one, enrollment in a similar educational institution, at any time, regardless of vacancy.
Single paragraph. The provisions of this article are extended to the spouse or partner, to the children, or stepchildren of the servant who live in your company, as well as to the minors in your custody, with judicial authorization.

Chapter VII – Length of Service

Article 100

The federal public service time is counted for all purposes, including that provided to the Armed Forces.

Article 101

The length of service will be calculated in days, which will be converted into years, considering the year as three hundred and sixty-five days.
Single paragraph. (Repealed by Law No. 9,527, dated 12.10.97)

Article 102

In addition to the absences from service provided for in art. 97, absences due to:
I – vacation;
II – exercise of a position in commission or equivalent, in an organ or entity of the Powers of the Union, of the States, Municipalities and the Federal District;
III – exercise of government or administration position or function, in any part of the national territory, by appointment of the President of the Republic;
IV – participation in a training program regularly instituted, as provided by the regulation; (Wording given by Law No. 9,527, dated 12.10.97)
V – performance of federal, state, municipal or Federal District elective mandate, except for promotion by merit;
VI – jury and other services required by law;
VII – mission or study abroad, when the leave is authorized, as provided by the regulation; (Wording given by Law No. 9,527, dated 12.10.97)
VIII – leave:
a) for pregnant women, adopters and paternity;
b) for the treatment of one’s own health, up to the limit of twenty-four months, cumulative over the time of public service rendered to the Union, in a position of effective provision; (Wording given by Law No. 9,527, dated 12.10.97)
c) for the performance of a class mandate or participation of management or administration in a cooperative society constituted by civil servants to provide services to its members, except for the purpose of promotion by merit; (Wording given by Law nº 11.094, of 2005)
d) due to accident at work or professional illness;
e) for training, as provided by the regulation; (Wording given by Law No. 9,527, dated 12.10.97)
f) by call for military service;
IX – travel to the new headquarters referred to in art. 18;
X – participation in national sports competition or call to join national sports representation, in the country or abroad, as provided by specific law;
XI – leave to serve in an international organization in which Brazil participates or with which it cooperates. (Included by Law No. 9,527, dated 12.10.97)

Article 103

The following will only be counted for the purpose of retirement and availability:
I – the time of public service rendered to States, Municipalities and the Federal District;
II – the license for the health treatment of a member of the civil servant’s family, with remuneration;
III – the license for political activity, in the case of art. 86, § 2;
IV – the time corresponding to the performance of a federal, state, municipal or district elective mandate, prior to entering the federal public service;
V – length of service in private activity, linked to Social Security;
VI – length of service related to war shooting;
VII – the time of leave for treatment of one’s own health that exceeds the period referred to in item “b” of item VIII of art. 102. (Included by Law No. 9,527, dated 12.10.97)
§ 1 The time in which the employee was retired will be counted only for new retirement.
§ 2 The service time provided to the Armed Forces in war operations will be counted twice.
§ 3 The cumulative counting of length of service rendered concurrently in more than one position or function of the organ or entities of the Powers of the Union, State, Federal District and Municipality, autarchy, public foundation, mixed economy company and public company is prohibited.

Chapter VIII – The Right to Petition

Article 104

The server is guaranteed the right to request the Public Authorities, in defense of a legitimate right or interest.

Article 105

The application will be addressed to the competent authority to decide it and forwarded through the one to which the applicant is immediately subordinated.

Article 106

A reconsideration request may be made to the authority that issued the act or issued the first decision, and cannot be renewed.
Single paragraph. The request and the reconsideration request referred to in the previous articles must be dispatched within 5 (five) days and decided within 30 (thirty) days.

Article 107

An appeal may be made:
I – the rejection of the reconsideration request;
II – decisions on appeals successively filed.
§ 1 The appeal will be directed to the authority immediately superior to the one that issued the act or rendered the decision, and, successively, on an ascending scale, to the other authorities.
§ 2 The appeal will be sent through the authority to which the applicant is immediately subordinated.

Article 108

The period for filing a request for reconsideration or appeal is 30 (thirty) days, counting from the publication or acknowledgment, by the interested party, of the contested decision.

Article 109

The appeal may be received with suspensive effect, at the discretion of the competent authority.
Single paragraph. If the reconsideration request or the appeal is granted, the effects of the decision will be retroactive to the date of the contested act.

Article 110

The right to apply prescribes:
I – in 5 (five) years, as to the acts of dismissal and retirement or availability, or that affect wealth interests and credits resulting from employment relationships;
II – in 120 (one hundred and twenty) days, in all other cases, except when another term is established by law.
Single paragraph. The limitation period will be counted from the date of publication of the contested act or the date of acknowledgment by the interested party, when the act is not published.

Article 111

The reconsideration request and the appeal, when applicable, interrupt the prescription.

Article 112

The statute of limitations is a public order and cannot be disclosed by the administration.

Article 113

For the exercise of the right to petition, a view of the process or document, at the office, is guaranteed to the server or to the attorney-in-fact it constitutes.

Article 114

Management should review its acts, at any time, when illegally.

Article 115

The deadlines established in this Chapter are fatal and cannot be extended, except in cases of force majeure.

Title IV – Disciplinary Regime

Chapter I – Duties

Article 116

The duties of the civil servant are:
I – exercise the duties of the position with zeal and dedication;
II – be loyal to the institutions you serve;
III – observe the legal and regulatory rules;
IV – comply with superior orders, except when manifestly illegal;
V – respond promptly to:
a) the general public, providing the required information, except for those protected by confidentiality;
b) the issuing of certificates required for the defense of rights or clarification of situations of personal interest;
c) requests for the defense of the Public Treasury.
VI – bring to the attention of the superior authority the irregularities of which he is aware due to the position;
VII – ensure the economy of the material and the conservation of public assets;
VIII – keep confidentiality on the matter of the office;
IX – maintain conduct compatible with administrative morality;
X – be assiduous and punctual to the service;
XI – treating people with urbanity;
XII – represent against illegality, omission or abuse of power.
Single paragraph. The representation referred to in item XII will be forwarded through the hierarchical route and considered by the authority superior to that against which it is formulated, ensuring the representative representing a broad defense.

Chapter II – Prohibitions

Article 117

The server is forbidden: (See Provisional Measure nº 2,225-45, dated 4.9.2001)
I – leave the service during working hours, without prior authorization from the immediate boss;
II – withdraw, without prior consent from the competent authority, any document or object of the office;
III – refuse faith in public documents;
IV – oppose unjustified resistance to the progress of the document and process or execution of the service;
V – promote appreciation or disapproval in the division’s premises;
VI – committing the person outside the office, outside the cases provided for by law, to perform an assignment that is his or her subordinate’s responsibility;
VII – coerce or entice subordinates to join the professional or union association, or political party;
VIII – keep under his immediate leadership, in a position or function of trust, spouse, partner or relative up to the second civil degree;
IX – take advantage of the position to obtain personal or other benefits, to the detriment of the dignity of the public function;
X – participate in the management or administration of a private company, personified or not personified, except for participation in the management and fiscal councils of companies or entities in which the Union holds, directly or indirectly, participation in the capital stock or in a cooperative society constituted to provide services to its members, and trade, except as a shareholder, quotaholder or commander; (Wording given by Law No. 11,094, of 2005)
XI – act, as a proxy or intermediary, with public agencies, except in the case of social security or assistance benefits for relatives up to high school, and for a spouse or partner;
XII – receive a bribe, commission, gift or advantage of any kind, due to their duties;
XIII – accept a foreign state commission, job or pension;
XIV – to practice usury in any of its forms;
XV – proceed in a desidious manner;
XVI – use personnel or material resources of the division in particular services or activities;
XVII – to assign to another server strange duties to the position he holds, except in emergency and transitory situations;
XVIII – perform any activities that are incompatible with the exercise of the position or function and with the working hours;
XIX – refuse to update your registration data when requested. (Included by Law No. 9,527, dated 12.10.97)

Chapter III – Accumulation

Article 118

Except for the cases provided for in the Constitution, paid accumulation of public positions is prohibited.
§ 1 The prohibition on accumulating extends to positions, jobs and functions in autarchies, public foundations, public companies, mixed economy companies of the Union, the Federal District, the States, the Territories and the Municipalities.
§ 2 The accumulation of positions, even if lawful, is subject to proof of compatibility of schedules.
Paragraph 3. The accumulation of the term of office or effective public employment with earnings from inactivity is considered prohibited, except when the positions resulting from these remunerations are cumulative in the activity. (Included by Law No. 9,527, dated 12.10.97)

Article 119

The server may not exercise more than one position on a commission, except in the case provided for in the sole paragraph of art. 9, nor be remunerated for participation in a collective deliberation body. (Wording given by Law No. 9,527, dated 12.10.97)
Sole paragraph. The provisions of this article do not apply to the remuneration due for the participation in boards of directors and fiscal councils of public companies and mixed capital companies, their subsidiaries and controlled companies, as well as any companies or entities in which the Union, directly or indirectly, holds participation in the capital, subject to what, in that regard, specific legislation provides. (Wording given by Provisional Measure nº 2,225-45, dated 4.9.2001)

Article 120

The civil servant linked to the regime of this Law, who legally accumulates two effective positions, when invested in a filling position in commission, will be removed from both effective positions, except in the event that there is compatibility of time and place with the exercise of one of them, declared by the maximum authorities of the bodies or entities involved. (Wording given by Law No. 9,527, dated 12.10.97)

Chapter IV – Responsibilities

Article 121

The civil servant responds civilly, criminally and administratively for the irregular exercise of his duties.

Article 122

Civil liability arises from an omissive or commissive, willful or culpable act, which results in damage to the treasury or third parties.
§ 1 The indemnity for intentionally caused damage to the treasury will only be settled in the manner provided for in art. 46, in the absence of other assets that ensure the execution of the debt by judicial means.
Paragraph 2. In the case of damage caused to third parties, the servant will answer to the Public Treasury, in a regressive action.
§ 3 The obligation to repair the damage extends to the successors and will be executed against them, up to the limit of the amount of the inheritance received.

Article 123

Criminal liability covers the crimes and misdemeanors attributed to the servant, as such.

Article 124

Civil-administrative liability results from an omissive or commissive act performed in the performance of the position or function.

Article 125

Civil, criminal and administrative sanctions may be cumulated, being independent of each other.

Article 126

The administrative responsibility of the server will be removed in the case of criminal acquittal that denies the existence of the fact or its authorship.

Chapter V – Penalties

Article 127

Disciplinary penalties are:
I – warning;
II – suspension;
III – dismissal;
IV – cancellation of retirement or availability;
V – removal from office on commission;
VI – removal of commissioned function.

Article 128

In the application of penalties, the nature and severity of the offense committed, the damage that it may cause to the public service, the aggravating or mitigating circumstances and the functional background will be considered.
Single paragraph. The act of imposing the penalty will always mention the legal basis and the cause of the disciplinary sanction. (Included by Law No. 9,527, dated 12.10.97)

Article 129

The warning will be applied in writing, in cases of violation of prohibition contained in art. 117, items I to VIII and XIX, and non-compliance with the functional duty provided for by law, regulation or internal rule, which does not justify the imposition of a more serious penalty. (Wording given by Law No. 9,527, dated 12.10.97)

Article 130

The suspension will be applied in case of recurrence of absences punished with warning and violation of the other prohibitions that do not typify an infraction subject to the penalty of dismissal, not exceeding 90 (ninety) days.
Paragraph 1. A servant who unreasonably refuses to be subjected to a medical inspection determined by the competent authority shall be punished with a suspension of up to 15 (fifteen) days, ceasing the effects of the penalty once the determination is fulfilled.
§ 2 When there is convenience for the service, the suspension penalty may be converted into a fine, on the basis of 50% (fifty percent) per day of salary or remuneration, with the servant being obliged to remain in service.

Article 131

The warning and suspension penalties will be canceled after 3 (three) and 5 (five) years of effective exercise, respectively, if the employee has not committed a new disciplinary offense during that period.
Single paragraph. The cancellation of the penalty will not have retroactive effects.

Article 132

The dismissal will be applied in the following cases:
I – crime against the public administration;
II – abandonment of office;
III – habitual non-attendance;
IV – administrative improbity;
V – public incontinence and scandalous conduct, in the office;
VI – severe insubordination in service;
VII – physical offense, in service, to a server or to a private individual, except in self-defense or in self-defense;
VIII – irregular application of public money;
IX – disclosure of secrecy of which he appropriated due to the position;
X – damage to public coffers and dilapidation of national assets;
XI – corruption;
XII – illegal accumulation of positions, jobs or public functions;
XIII – transgression of items IX to XVI of art. 117.

Article 133

Detected at any time the illegal accumulation of positions, jobs or public functions, the authority referred to in art. 143 will notify the servant, through its immediate superior, to present an option within a non-extendable period of ten days, counted from the date of the acknowledgment and, in the event of omission, adopt a summary procedure for its determination and immediate regularization, whose disciplinary administrative process is will develop in the following phases: (Wording given by Law No. 9,527, of December 10, 1997)
I – establishment, with the publication of the act that constitutes the commission, to be composed of two stable civil servants, and simultaneously indicate the authorship and the materiality of the transgression calculation object; (Included by Law No. 9,527, dated 12.10.97)
II – summary instruction, which includes indictment, defense and report; (Included by Law No. 9,527, dated 12.10.97)
III – judgment. (Included by Law 9.527, dated 12.10.97)
§ 1 The indication of the authorship referred to in item I will be given by the name and registration of the employee, and the materiality by the description of the positions, jobs or public functions in situation of illegal accumulation, of the binding bodies or entities, the dates of entry, the working hours and the corresponding legal regime. (Wording given by Law No. 9,527, dated 12.10.97)
§ 2 The commission shall draw up, up to three days after the publication of the act that constituted it, an indictment in which the information referred to in the previous paragraph will be transcribed, as well as promote the personal summons of the indicted servant, or through its head. immediately, in order to present a written defense within five days, assuring you of the process in the office, in compliance with the provisions of arts. 163 and 164. (Wording given by Law No. 9,527, of December 10, 1997)
§ 3 Once the defense is presented, the commission will prepare a conclusive report regarding the innocence or the liability of the servant, in which it will summarize the main parts of the case file, give an opinion on the lawfulness of the accumulation under examination, indicate the respective legal provision and forward the case to the instating authority , for trial. (Included by Law No. 9,527, dated 12.10.97)
Paragraph 4 Within five days, counted from the receipt of the case, the judging authority shall render its decision, applying, when applicable, the provisions of paragraph 3 of art . 167. (Included by Law No. 9,527, dated 12.10.97)
Paragraph 5. The option for the servant until the last day of the defense period will configure his good faith, in which case it will automatically become a request for dismissal from the other position. (Included by Law No. 9,527, dated 12.10.97)
Paragraph 6. Once illegal accumulation is characterized and bad faith is proven, the penalty of dismissal, dismissal or withdrawal of retirement or availability in relation to the positions, jobs or public functions in an illegal accumulation regime shall apply, in which case the bodies or binding entities will be communicated. (Included by Law No. 9,527, dated 12.10.97)
§ 7 The term for the conclusion of the disciplinary administrative process submitted to the summary rite will not exceed thirty days, counting from the date of publication of the act that constitutes the commission, its extension being allowed up to fifteen days, when circumstances demand it. (Included by Law No. 9,527, dated 12.10.97)
§ 8 The summary procedure is governed by the provisions of this article, observing, as applicable, in the alternative, the provisions of Titles IV and V of this Law. (Included by Law No. 9,527, of December 10, 1997)

Article 134

Retirement or the availability of the inactive person who has practiced, in the activity, will be forfeited, punishable by dismissal.

Article 135

The removal of a position in a committee held by a non-occupant of a permanent position will be applied in cases of infraction subject to the penalties of suspension and dismissal.
Single paragraph. Having verified the hypothesis that this article deals with, the exoneration carried out under the terms of art. 35 will be converted into removal from office on commission.

Article 136

The dismissal or removal from office in committee, in the cases of items IV, VIII, X and XI of art. 132, implies the unavailability of assets and reimbursement to the treasury, without prejudice to the appropriate criminal action.

Article 137

The dismissal or removal from office on commission, for breach of art. 117, items IX and XI, make the ex-servant incompatible for a new investiture in federal public office, for a period of 5 (five) years.
Single paragraph. The employee who is dismissed or removed from office on commission for breach of art. 132, items I, IV, VIII, X and XI.

Article 138

The intentional absence of the servant from the service for more than thirty consecutive days constitutes abandonment of office.

Article 139

Usual non-attendance means absence from work, without justified cause, for sixty days, interpolatedly, during the twelve-month period.

Article 140

In the determination of abandonment of office or habitual non-attendance, the summary procedure referred to in art. 133, noting in particular that: (Wording given by Law No. 9,527, of December 10, 1997)
I – the indication of materiality will occur: (Included by Law No. 9,527, of December 10, 1997)
a) in the event of abandonment of office, for the precise indication of the period of intentional absence of the server from the service for more than thirty days; (Included by Law No. 9,527, dated 12.10.97)
b) in the case of habitual non-attendance, by indicating the days of absence from work without justified cause, for a period equal to or greater than sixty days interpolatedly, during the twelve-month period; (Included by Law No. 9,527, dated 12.10.97)
II – after the presentation of the defense, the commission will prepare a conclusive report as to the innocence or the responsibility of the server, in which it will summarize the main parts of the case file, indicate the respective legal provision, give an opinion, in the event of abandonment, on the intentionality of the absence service for more than thirty days and will forward the case to the initiating authority for judgment. (Included by Law No. 9,527, dated 12.10.97)

Article 141

Disciplinary penalties will be applied:
I – by the President of the Republic, by the Presidents of the Houses of the Legislative and Federal Courts and by the Attorney General of the Republic, when it comes to dismissal and retirement from retirement or availability of a servant linked to the respective Power, organ, or entity;
II – by the administrative authorities of a hierarchy immediately inferior to those mentioned in the previous item when the suspension is longer than 30 (thirty) days;
III – by the head of the office and other authorities in the form of the respective regulations or regulations, in cases of warning or suspension of up to 30 (thirty) days;
IV – by the authority that made the appointment, in the case of removal from office in committee.

Article 142

The disciplinary action will prescribe:
I – in 5 (five) years, as to the infractions punishable by dismissal, retirement retirement or availability and removal from office on commission;
II – in 2 (two) years, regarding the suspension;
III – in 180 (one hundred and eighty) days, regarding the warning.
§ 1 The limitation period begins to run from the date on which the fact became known.
Paragraph 2. The limitation periods provided for in the criminal law apply to disciplinary infractions also described as a crime.
§ 3 The opening of an investigation or the initiation of disciplinary proceedings interrupts the prescription, until the final decision issued by the competent authority.
§ 4 When the prescription is interrupted, the period shall begin to run from the day on which the interruption ceases.

Title V – Disciplinary Administrative Procedure

Chapter I – General Provisions

Article 143

The authority that becomes aware of irregularity in the public service is obliged to promote its immediate investigation, through investigation or disciplinary administrative process, guaranteed to the accused ample defense.
Paragraph 1 (Repealed by Law No. 11,204, 2005)
Paragraph 2 (Repealed by Law No. 11,204, 2005)
§ 3 The determination referred to in the caput, at the request of the authority to which it refers, may be promoted by the authority of a body or entity other than that in which the irregularity has occurred, by means of specific competence for such purpose, delegated on a permanent or temporary basis. by the President of the Republic, by the presidents of the Houses of the Legislative Power and Federal Courts and by the Attorney General of the Republic, within the scope of the respective Power, organ or entity, preserving the powers for the judgment that follows the investigation. (Included by Law No. 9,527, dated 12.10.97)

Article 144

Complaints about irregularities will be investigated, as long as they contain the identity and address of the whistleblower and are made in writing, confirming authenticity.
Single paragraph. When the narrated fact does not constitute an evident disciplinary or criminal offense, the complaint will be filed, due to lack of object.

Article 145

The investigation may result in:
I – filing the case;
II – application of a warning or suspension penalty of up to 30 (thirty) days;
III – initiation of disciplinary proceedings.
Single paragraph. The deadline for concluding the investigation will not exceed 30 (thirty) days, and may be extended for an equal period, at the discretion of the higher authority.

Article 146

Whenever the offense practiced by the server leads to the imposition of a penalty of suspension for more than 30 (thirty) days, of dismissal, withdrawal from retirement or availability, or removal from office on commission, the initiation of disciplinary proceedings is mandatory.

Chapter II – Preventive Leave

Article 147

As a precautionary measure and in order that the civil servant does not influence the investigation of the irregularity, the disciplinary process initiating authority may determine his / her removal from office for a period of up to 60 (sixty) days, without prejudice to remuneration.
Single paragraph. The removal may be extended for an equal period, after which its effects will cease, even if the process has not been concluded.

Chapter III – Disciplinary Procedure

Article 148

The disciplinary process is the instrument intended to determine the responsibility of a civil servant for an infraction practiced in the exercise of his duties, or which is related to the duties of the position in which he is invested.

Article 149

The disciplinary process will be conducted by a committee composed of three stable civil servants designated by the competent authority, subject to the provisions of § 3 of art. 143, who will nominate, among them, its president, who must be occupying a higher position or at the same level, or have a level of education equal to or higher than that of the accused. (Wording given by Law No. 9,527, dated 12.10.97)
Paragraph 1. The Commission will have a serving secretary appointed by its president, and the nomination may fall on one of its members.
Paragraph 2. You may not participate in a syndication or investigation commission, spouse, partner or relative of the accused, consanguineous or the like, in a straight or collateral way, up to the third degree.

Article 150

The Commission will carry out its activities with independence and impartiality, ensuring the confidentiality necessary to elucidate the fact or required by the interest of the management.
Single paragraph. Committee meetings and hearings will be reserved.

Article 151

The disciplinary process takes place in the following phases:
I – establishment, with the publication of the act that constitutes the commission;
II – administrative inquiry, which includes instruction, defense and report;
III – judgment.

Article 152

The term for the conclusion of the disciplinary process will not exceed 60 (sixty) days, counted from the date of publication of the act that constitutes the commission, admitting its extension for an equal period, when circumstances require.
§ 1 Whenever necessary, the commission will dedicate full time to its work, with its members being exempt from the point, until the delivery of the final report.
§ 2 The meetings of the commission shall be recorded in minutes that shall detail the adopted resolutions.

Section I – Inquiry

Article 153

The administrative inquiry will obey the principle of the adversary, guaranteed to the accused ample defense, with the use of the means and resources admitted in law.

Article 154

The investigation file will be part of the disciplinary process, as an information piece of the instruction.
Single paragraph. In the event that the investigation report concludes that the offense is classified as a criminal offense, the competent authority will forward a copy of the records to the Public Prosecutor’s Office, regardless of the immediate initiation of disciplinary proceedings.

Article 155

In the investigation phase, the commission will promote the taking of testimonies, confrontations, investigations and due diligence, aiming at the collection of evidence, using, when necessary, technicians and experts, in order to allow the complete elucidation of the facts.

Article 156

The server is guaranteed the right to follow the process in person or through a prosecutor, list and re-examine witnesses, produce evidence and counter-proofs and formulate questions, when it is expert evidence.
§ 1 The chairman of the commission may deny requests considered impertinent, merely delaying, or of no interest in clarifying the facts.
Paragraph 2. The request for expert evidence will be rejected when proof of the fact does not depend on special knowledge of an expert.

Article 157

The witnesses will be summoned to testify by means of a warrant issued by the chairman of the commission, the duplicate of which must be attached to the case file with the person concerned aware.
Single paragraph. If the witness is a public servant, the dispatch of the warrant will be immediately communicated to the head of the office where he serves, with an indication of the day and time set for questioning.

Article 158

The deposition will be given orally and reduced to term, and it is not lawful for the witness to bring it in writing.
§ 1 The witnesses will be questioned separately.
Paragraph 2. In the event of contradictory or contradicting testimonies, the deponents will confront each other.

Article 159

After the witnesses’ inquiry is concluded, the commission will promote the interrogation of the accused, observing the procedures provided for in arts. 157 and 158.
§ 1 In the case of more than one accused, each of them will be heard separately, and whenever they diverge in their statements about facts or circumstances, confrontation between them will be promoted.
Paragraph 2. The accused’s attorney may attend the interrogation, as well as the witnesses’ interrogation, being forbidden to interfere in the questions and answers, but being able to, however, re-ask them, through the commission chairman.

Article 160

When in doubt about the accused’s mental health, the commission will propose to the competent authority that he be subjected to examination by an official medical board, in which at least one psychiatrist will participate.
Single paragraph. The mental health incident will be processed in a separate document and attached to the main process, after the expert report has been issued.

Article 161

Once the disciplinary infraction has been identified, the indictment of the server will be formulated, specifying the facts attributed to him and the respective evidence.
Paragraph 1. The accused shall be summoned by a warrant issued by the committee chairman to present a written defense, within 10 (ten) days, assuring him / her of the process in the office.
§ 2 If two or more are indicted, the term will be common and 20 (twenty) days.
§ 3 The defense term may be extended twice, for deemed essential measures.
§ 4 In the event of the defendant’s refusal to affix the client to the copy of the summons, the term for defense shall count from the date declared, in proper terms, by the member of the commission that made the summons, with the signature of (2) two witnesses.

Article 162

The defendant who changes residence is obliged to inform the commission of the place where he can be found.

Article 163

If the accused is found in an uncertain and unknown place, he will be cited by notice, published in the Official Gazette of the Union and in a newspaper of great circulation in the location of the last known domicile, to present his defense.
Single paragraph. In the event of this article, the term for defense will be 15 (fifteen) days from the last publication of the notice.

Article 164

Defendant who is regularly cited and does not present a defense within the legal deadline will be deemed to reveal.
§ 1 The default will be declared, by term, in the case file and will return the term for the defense.
Paragraph 2. In order to defend the revel indictee, the initiating authority of the process shall designate a civil servant as dative defender, who shall be in a higher position or at the same level, or have an education level equal to or higher than that of the accused. (Wording given by Law No. 9,527, dated 12.10.97)

Article 165

After assessing the defense, the commission will prepare a detailed report, where it will summarize the main parts of the case file and mention the evidence on which it was based to form its conviction.
§ 1 The report will always be conclusive as to the innocence or the responsibility of the servant.
§ 2 Once the responsibility of the servant is recognized, the commission shall indicate the legal or regulatory provision violated, as well as the aggravating or mitigating circumstances.

Article 166

The disciplinary process, with the report of the commission, will be referred to the authority that determined its establishment, for judgment.

Section II – Judgment

Article 167

Within 20 (twenty) days, counted from the receipt of the process, the judging authority will render its decision.
§ 1 If the penalty to be applied exceeds the authority of the initiating authority of the process, this will be forwarded to the competent authority, which will decide within the same period.
Paragraph 2. If there is more than one defendant and a variety of sanctions, the competent authority for the imposition of the most severe penalty will be the judge.
§ 3 If the penalty provided for is dismissal or cancellation of retirement or availability, the judgment shall be the responsibility of the authorities referred to in item I of art. 141.
§ 4 The server’s innocence is recognized by the commission, the initiating authority of the process shall determine its filing, unless flagrantly contrary to the evidence in the file. (Included by Law No. 9,527, dated 12.10.97)

Article 168

The judgment will comply with the commission’s report, except when contrary to the evidence in the file.
Single paragraph. When the commission’s report contradicts the evidence in the file, the judging authority may motivatedly aggravate the proposed penalty, slow it down or exempt the server from liability.

Article 169

Once the occurrence of an insanable defect has occurred, the authority that determined the initiation of the proceeding or another of a higher hierarchy will declare its nullity, total or partial, and will order, in the same act, the constitution of another commission to initiate a new proceeding. by Law No. 9,527, dated 12.10.97)
Paragraph 1. The judgment outside the legal term does not imply nullity of the process.
§ 2 The judging authority that gives cause to the prescription referred to in art. 142, paragraph 2, will be held responsible under Chapter IV of Title IV.

Article 170

Once the punishment for the prescription is extinguished, the judgment authority will determine the registration of the fact in the individual settlements of the server.

Article 171

When the offense is described as a crime, the disciplinary proceeding will be referred to the Public Prosecutor’s Office for prosecution, being transferred to the office.

Article 172

The servant who responds to disciplinary proceedings can only be exonerated upon request, or voluntarily retired, after the conclusion of the process and the fulfillment of the penalty, if any.
Single paragraph. After the dismissal referred to in the sole paragraph, item I of art. 34, the act will be converted into dismissal, if applicable.

Article 173

Transport and per diem will be ensured:
I – the servant summoned to give evidence outside the headquarters of his office, as a witness, denounced or indicted;
II – to the members of the commission and to the secretary, when obliged to travel from the headquarters of the work to carry out a mission essential to clarifying the facts.

Section III – Process Review

Article 174

The disciplinary process may be revised, at any time, upon request or ex officio, when new facts or circumstances are added which may justify the innocence of the punished or the inadequacy of the applied penalty.
§ 1 In case of death, absence or disappearance of the server, any member of the family may request a review of the process.
Paragraph 2. In the case of mental incapacity of the servant, the review will be requested by the respective curator.

Article 175

In the review process, the burden of proof rests with the applicant.

Article 176

The simple allegation of injustice of the penalty does not constitute grounds for the review, which requires new elements, not yet considered in the original process.

Article 177

The request for review of the process will be addressed to the Minister of State or equivalent authority, who, if he authorizes the review, will forward the request to the director of the body or entity where the disciplinary process originated.
Single paragraph. After the petition is granted, the competent authority will arrange for the constitution of a commission, in the form of art. 149.

Article 178

The review will be carried out in addition to the original process.
Single paragraph. In the initial petition, the applicant will ask for a day and time for the production of evidence and for the questioning of witnesses to be listed.

Article 179

The review committee will have 60 (sixty) days to complete the work.

Article 180

The rules and procedures of the disciplinary process commission apply to the work of the review committee, as appropriate.

Article 181

The judgment will rest with the authority that applied the penalty, under the terms of art. 141.
Sole paragraph. The period for judgment will be 20 (twenty) days, counted from the receipt of the process, during which the judging authority may determine due diligence.

Article 182

Once the revision is judged, the penalty applied will be declared null and void, restoring all the rights of the civil servant, except in relation to the removal of the position in commission, which will be converted into exoneration.
Single paragraph. The review of the process cannot result in an increase in penalty.

Title VI – Social Security of the Server

Chapter I – General Provisions

Article 183

The Union will maintain a Social Security Plan for the employee and his family.
Paragraph 1. A civil servant occupying a position on a committee that is not simultaneously occupying a position or an effective job in the direct, autonomous and foundational public administration shall not be entitled to the benefits of the Social Security Plan, with the exception of health care. (Wording given by Law nº 10.667, of 14.5.2003)
Paragraph 2. A civil servant who is removed or licensed from his permanent position, without the right to remuneration, including to serve in an official international organization of which Brazil is a permanent member or with which he cooperates, even if he contributes to the social security regime abroad, shall have suspended their link with the Social Security Plan regime for Public Servants for the duration of their leave or leave, without assisting them, in this period, the benefits of the aforementioned social security system. (Included by Law No. 10,667, dated 5.14.2003)
Paragraph 3. It will be ensured to the licensed or removed civil servant without remuneration the maintenance of the link to the Civil Servant Social Security Plan regime, through the monthly payment of the respective contribution, in the same percentage due by the active civil servants, incident on the total remuneration of the position the one that is entitled in the exercise of its attributions, including, for this purpose, personal advantages. (Included by Law nº 10.667, of 14.5.2003)
§ 4 The payment referred to in § 3 must be made until the second business day after the date of payment of the remuneration of public servants, applying the collection and enforcement procedures federal taxes when not paid on the due date. (Included by Law No. 10,667, dated 5.14.2003)

Article 184

The Social Security Plan aims to cover the risks to which the servant and his family are subject, and comprises a set of benefits and actions that meet the following purposes:
I – guarantee means of subsistence in the event of illness, disability, old age, on-the-job accident, inactivity, death and confinement;
II – protection of motherhood, adoption and paternity;
III – health care.
Single paragraph. The benefits will be granted under the terms and conditions defined in the regulation, subject to the provisions of this Law.

Article 185

The benefits of the employee’s Social Security Plan include:
I – regarding the employee:
a) retirement;
b) birth support;
c) family allowance;
d) leave for health treatment;
e) maternity, adoptive and paternity leave;
f) leave by accident on duty;
g) health care;
h) guarantee of satisfactory individual and environmental working conditions;
II – as to the dependent:
a) lifetime and temporary pension;
b) funeral assistance;
c) imprisonment aid;
d) health care.
§ 1 Retirements and pensions will be granted and maintained by the bodies or entities to which the employees are linked, subject to the provisions of arts. 189 and 224.
§ 2 The undue receipt of benefits due to fraud, fraud or bad faith, will imply the return of the total earned to the treasury, without prejudice to the appropriate criminal action.

Chapter II – Benefits

Section I – Retirement

Article 186

The civil servant will be retired: (See art. 40 of the Constitution)
I – due to permanent disability, with full pay when resulting from an accident on the job, professional illness or serious, contagious or incurable disease, specified by law, and proportional in other cases;
II – compulsorily, at the age of seventy, with earnings proportional to the length of service;
III – voluntarily:
a) at 35 (thirty-five) years of service, if a man, and at 30 (thirty) if a woman, with full earnings;
b) at 30 (thirty) years of effective exercise in teaching duties if a teacher, and 25 (twenty-five) if a teacher, with full earnings;
c) at 30 (thirty) years of service, if a man, and at 25 (twenty-five) if a woman, with proportional earnings at that time;
d) at 65 (sixty-five) years of age, if a man, and at 60 (sixty) if a woman, with benefits proportional to the length of service.
§ 1 Serious, contagious or incurable diseases are considered, as referred to in item I of this article, active tuberculosis, mental alienation, multiple sclerosis, malignant neoplasm, blindness after entering the public service, leprosy, severe heart disease, Parkinson’s disease , irreversible and disabling paralysis, ankylosing spondyloarthrosis, severe nephropathy, advanced states of Paget’s disease (deforming osteitis), Acquired Immunodeficiency Syndrome – AIDS, and others that the law indicates, based on specialized medicine.
§ 2 In the case of carrying out activities considered unhealthy or dangerous, as well as in the cases provided for in art. 71, the retirement referred to in item III, “a” and “c”, shall comply with the provisions of a specific law.
§ 3 In the event of item I, the server will be submitted to the official medical board, which will certify the disability when characterized the incapacity to perform the duties of the position or the impossibility of applying the provisions of art. 24. (Included by Law No. 9,527, dated 12.10.97)

Article 187

Compulsory retirement will be automatic, and declared by act, effective from the day immediately following the day on which the employee reaches the age limit for remaining in active service.

Article 188

Voluntary or disability retirement will take effect from the date of publication of the respective act.
Paragraph 1. Retirement due to disability shall be preceded by leave for health treatment, for a period not exceeding 24 (twenty four) months.
§ 2 Once the leave period has expired and he is not in a position to resume his position or be readapted, the server will be retired.
§ 3 The period of time between the end of the license and the publication of the retirement act will be considered as an extension of the license.

Article 189

The retirement income will be calculated in compliance with the provisions of paragraph 3 of art. 41, and reviewed on the same date and proportion, whenever the remuneration of active employees changes.
Single paragraph. Any benefits or advantages subsequently granted to active employees are extended to the inactive, including when they result from the transformation or reclassification of the position or function in which retirement took place.

Article 190

The retired civil servant with income proportional to the length of service, if affected by any of the diseases specified in art. 186, § 1, will start to receive full income.

Article 191

When proportional to the length of service, the income will not be less than 1/3 (one third) of the remuneration of the activity.

Article 192

(Repealed by Law No. 9,527, dated 12.10.97)

Article 193

(Repealed by Law No. 9,527, dated 12.10.97)

Article 194

The Christmas bonus will be paid to the retired civil servant, up to the twentieth day of December, in an amount equivalent to the respective income, less the advance received.

Article 195

Ex-combatants who have effectively participated in military operations during the Second World War, under the terms of Law No. 5,315, of September 12, 1967, will be granted full-paid retirement after 25 (twenty-five) years of effective service. .

Section II – Birth Assistance

Article 196

The childbirth allowance is due to the employee due to the birth of a child, in an amount equivalent to the lowest salary of the public service, including in the case of stillbirth.
§ 1 In the event of multiple delivery, the amount will be increased by 50% (fifty percent), per unborn child.
§ 2 The aid will be paid to the spouse or fellow public servant, when the parturient is not a servant.

Section III – Family Allowance

Article 197

The family allowance is due to the active or inactive employee, for economic dependents.
Single paragraph. Economic dependents are considered for the purpose of perceiving the family salary:
I – the spouse or partner and the children, including stepchildren up to 21 (twenty-one) years of age or, if a student, up to 24 (twenty-four) years or, if disabled, of any age;
II – the minor under 21 (twenty-one) years of age who, upon judicial authorization, lives in the company and at the expense of the server, or the inactive;
III – the mother and father without their own savings.

Article 198

Economic dependency is not configured when the beneficiary of the family allowance perceives income from work or any other source, including pension or retirement income, in an amount equal to or higher than the minimum wage.

Article 199

When the father and mother are civil servants and live in common, the family allowance will be paid to one of them; when separated, they will be paid to each other, according to the distribution of dependents.
Single paragraph. The father and mother are the stepfather, the stepmother and, in their absence, the legal representatives of the disabled.

Article 200

The family allowance is not subject to any tax, nor will it serve as a basis for any contribution, including for Social Security.

Article 201

The removal from the effective position, without remuneration, does not result in suspension of the payment of family allowance.

Section IV – Health Treatment License

Article 202

The server will be granted a license for health treatment, on request or on the basis of medical expertise, without prejudice to the remuneration to which he is entitled.

Article 203

For leave of up to 30 (thirty) days, the inspection will be carried out by a physician from the assistance department of the personnel agency and, if for a longer period, by an official medical board.
§ 1 Whenever necessary, the medical inspection will be carried out at the server’s residence or at the hospital where he is hospitalized.
§ 2 In the absence of a doctor in the body or entity in the place where the server is or has a permanent exercise, and the hypotheses provided for in the paragraphs of art. 230, a certificate issued by a private doctor will be accepted. (Wording given by Law No. 9,527, dated 12.10.97)
§ 3 In the case of the preceding paragraph, the certificate will only take effect after being approved by the medical sector of the respective organ or entity, or by the authorities or persons referred to in the paragraphs of art. 230. (Wording given by Law No. 9,527, dated 12.10.97)
§ 4 The employee who during the same year reaches the limit of thirty days of leave for health treatment, consecutive or not, to grant a new license, regardless term, it will be submitted to inspection by an official medical board. (Included by Law No. 9,527, dated 12.10.97)

Article 204

After the term of the license, the server will be submitted to a new medical inspection, which will conclude by returning to the service, by extending the license or by retiring.

Article 205

The medical board’s certificate and report will not refer to the name or nature of the disease, except in the case of injuries produced by an accident on the job, an occupational disease or any of the diseases specified in art. 186, § 1.

Article 206

The server that shows signs of organic or functional injuries will be subjected to medical inspection.

Section V – From Maternity Leave, Adoption and Paternity Leave

Article 207

A license will be granted to the pregnant employee for 120 (one hundred and twenty) consecutive days, without prejudice to remuneration.
§ 1 The license may start on the first day of the ninth month of pregnancy, unless anticipated by medical prescription.
§ 2 In the case of premature birth, the leave will start from the delivery.
§ 3 In the case of stillbirth, after 30 (thirty) days of the event, the servant will be submitted to a medical examination, and if deemed fit, will resume the exercise.
§ 4 In the case of abortion certified by an official physician, the servant shall be entitled to 30 (thirty) days of paid rest.

Article 208

For the birth or adoption of children, the server will be entitled to paternity leave of 5 (five) consecutive days.

Article 209

To breastfeed her own child, up to the age of six months, the lactating worker will be entitled, during the working day, to an hour of rest, which can be divided into two half-hour periods.

Article 210

The servant who adopts or obtains judicial custody of a child up to 1 (one) year of age will be granted 90 (ninety) days of paid leave.
Single paragraph. In the case of adoption or judicial custody of a child older than 1 (one) year of age, the term referred to in this article will be 30 (thirty) days.

Section VI – In-Service Accident Leave

Article 211

The injured servant in service will be licensed at full remuneration.

Article 212

An accident in service is defined as physical or mental damage suffered by the server, which is related, immediately or immediately, with the duties of the position exercised.
Single paragraph. Damage is equivalent to the on-the-job accident:
I – due to the aggression suffered and not caused by the employee in the exercise of the position;
II – suffered while traveling from home to work and vice versa.

Article 213

The injured servant in service who needs specialized treatment can be treated in a private institution, at the expense of public resources.
Single paragraph. The treatment recommended by the official medical board is an exception measure and will only be admissible when there are no adequate means and resources in a public institution.

Article 214

The proof of the accident will be made within 10 (ten) days, extendable when circumstances require.

Section VII – Pension

Article 215

Upon death of the servant, the dependents are entitled to a monthly pension of an amount corresponding to that of the respective remuneration or income, from the date of death, observing the limit established in art. 42.

Article 216

The pensions are distinguished, as to the nature, in lifetime and temporary.
Paragraph 1. The lifetime pension is made up of permanent quotas or quotas, which are only extinguished or reverted with the death of its beneficiaries.
§ 2 The temporary pension is made up of quota or quotas that can be extinguished or reversed due to death, termination of disability or majority of the beneficiary.

Article 217

The beneficiaries of the pensions are:
I – for life:
a) the spouse;
b) the separated person, legally separated or divorced, with perception of alimony;
c) the designated partner or partner who proves a stable union as a family entity;
d) the mother and father who prove economic dependence on the servant;
e) the designated person, over 60 (sixty) years old and the disabled person, who live under the economic dependence of the servant;
II – temporary:
a) children, or stepchildren, up to 21 (twenty-one) years of age, or, if disabled, for the duration of the disability;
b) the minor under custody or guardianship up to 21 (twenty-one) years of age;
c) the orphaned brother, up to 21 (twenty-one) years old, and the invalid, while the disability lasts, proving economic dependence on the servant;
d) the designated person who lives in the employee’s economic dependency, up to 21 (twenty-one) years, or, if disabled, for the duration of the disability.
§ 1 The granting of a lifetime pension to the beneficiaries referred to in items “a” and “c” of item I of this article excludes from this right the other beneficiaries referred to in items “d” and “e”.
Paragraph 2. The granting of a temporary pension to the beneficiaries referred to in items “a” and “b” of item II of this article excludes from this right the other beneficiaries referred to in items “c” and “d”.

Article 218

The pension will be granted in full to the holder of the lifetime pension, unless there are beneficiaries of the temporary pension.
Paragraph 1. In the event of the qualification of several pensioners, the amount will be distributed equally among the eligible beneficiaries.
Paragraph 2. In the event of qualification for lifetime and temporary pensions, half of the amount shall be due to the holder or holders of the lifetime pension, the other half being prorated in equal parts, between the holders of the temporary pension.
§ 3 In the event of qualification only for the temporary pension, the full amount of the pension will be apportioned, in equal parts, among those who qualify.

Article 219

The pension can be claimed at any time, prescribing only the installments demanded for more than 5 (five) years.
Single paragraph. After the pension is granted, any subsequent proof or late qualification that implies exclusion of beneficiary or reduction of pension will only take effect from the date it is offered.

Article 220

The beneficiary convicted of the willful crime that resulted in the death of the servant is not entitled to the pension.

Article 221

Provisional pension will be granted for the presumed death of the servant, in the following cases:
I – declaration of absence, by the competent judicial authority;
II – disappearance in collapse, flood, fire or accident not characterized as in service;
III – disappearance in the performance of the duties of the position or in a security mission.
Single paragraph. The provisional pension will be transformed into a lifetime or temporary pension, as the case may be, after 5 (five) years of its validity, except for the eventual reappearance of the employee, in which case the benefit will be automatically canceled.

Article 222

It causes loss of beneficiary status:
I – his death;
II – the annulment of the marriage, when the decision occurs after the granting of the pension to the spouse;
III – the termination of disability, in the case of an invalid beneficiary;
IV – the majority of children, orphan siblings or designated persons, at 21 (twenty-one) years of age;
V – the accumulation of pension in the form of art. 225;
VI – the express waiver.

Article 223

Upon death or loss of beneficiary status, the respective fee will revert to:
I – the lifetime pension for the remainder of this pension or for the holders of the temporary pension, if there is no remaining pensioner of the lifetime pension;
II – temporary pension for the co-beneficiaries or, failing these, for the beneficiary of the lifetime pension.

Article 224

Pensions will be automatically updated on the same date and in the same proportion as the readjustments in the salaries of civil servants, applying the provisions of the sole paragraph of art. 189.

Article 225

With the exception of the right of option, the cumulative perception of more than two pensions is prohibited.

Section VIII – Funeral Assistance

Article 226

The funeral allowance is due to the family of the civil servant who died in the activity or retired, in an amount equivalent to one month of the remuneration or earnings.
§ 1 In the case of legal accumulation of positions, the aid will be paid only due to the position with the highest remuneration.
§ 2 (VETOED).
§ 3 The aid will be paid within 48 (forty-eight) hours, by means of a very short procedure, to the family member who has paid for the funeral.

Article 227

If the funeral is paid for by a third party, it will be indemnified, observing the provisions of the previous article.

Article 228

In the event of the death of a servant on duty outside the workplace, including abroad, the cost of transporting the body will be borne by the resources of the Union, the municipality or the public foundation.

Section IX – Withholding Assistance

Article 229

The family of the active servant is entitled to imprisonment assistance, in the following amounts:
I – two thirds of the remuneration, when removed by reason of imprisonment, in flagrante delicto or preventive, determined by the competent authority, while the imprisonment lasts;
II – half of the remuneration, during the leave, due to conviction, by final sentence, the penalty that does not determine the loss of position.
Paragraph 1. In the cases provided for in item I of this article, the civil servant shall be entitled to pay the remuneration, as long as he is acquitted.
Paragraph 2. The payment of the imprisonment allowance shall cease from the day immediately following that on which the servant is released, even if conditional.

Chapter III – Health Care

Article 230

The health care of the server, active or inactive, and his family comprises medical, hospital, dental, psychological and pharmaceutical assistance, will have as a basic guideline the implementation of preventive actions aimed at health promotion and will be provided by the Unified Health System – SUS, directly by the agency or entity to which the server is linked, or by agreement or contract, or in the form of assistance, through partial reimbursement of the amount spent by the server, active or inactive, and their dependents or pensioners with plans or insurance private healthcare providers, in the form established by regulation. (Wording given by Law No. 11,302 of 2006)
Paragraph 1. In the cases provided for in this Law in which medical expertise, evaluation or inspection is required, in the absence of a doctor or official medical board, for its realization, the agency or entity shall preferably enter into an agreement with units of care in the public health system, non-profit entities declared of public utility, or with the National Social Security Institute – INSS. (Included by Law No. 9,527, dated 12.10.97)
Paragraph 2. In the duly justified impossibility of applying the provisions of the preceding paragraph, the body or entity shall promote the contracting of the provision of services by a legal person, which shall constitute a medical board specifically for these purposes, indicating the names and specialties of its members, with proof of their qualifications and that they are not responding to disciplinary proceedings with the supervisory body of the profession. (Included by Law No. 9,527, dated 12.10.97)
§ 3 For the purposes of the provision in the caput of this article, the Union and its autarchic and foundational entities are authorized to: (Included by Law No. 11,302 of 2006)
I – enter into agreements exclusively for the provision of health care services to its servants or active employees, retirees, pensioners, as well as to their respective defined family groups, with self-management entities sponsored by them through legal instruments effectively executed and published up to February 12, 2006 and which have authorization to operate from the regulatory body, being certain that the agreements concluded after that date can only be done in the form of the specific regulation on self-management sponsorship, to be published by the same regulatory body, in the 180 (one hundred and eighty) days from the date of this Law, which also apply to existing agreements up to February 12, 2006; (Included by Law No. 11,302 of 2006)
II – to contract, by means of a bidding process, pursuant to Law No. 8.666, of June 21, 1993, operators of private health care plans and insurance that have authorization to operate from the regulatory agency; (Included by Law No. 11,302 of 2006)
III – (VETOED) (Included by Law No. 11,302 of 2006)
§ 4 (VETOED) (Included by Law No. 11,302 of 2006)
§ 5 The amount of reimbursement is limited to the total spent by the server or civilian pensioner with a private health insurance plan or insurance. (Included by Law No. 11,302 of 2006)

Chapter IV – Costing

Article 231

(Repealed by Law No. 9,783, of January 28, 1999)

Title VII – I

Sole Chapter I – Temporary Hiring of Exceptional Public Interest

Article 232

(Repealed by Law No. 8,745, dated 12.9.93)

Article 233

(Repealed by Law No. 8,745, dated 12.9.93)

Article 234

(Repealed by Law No. 8,745, dated 12.9.93)

Article 235

(Repealed by Law No. 8,745, dated 12.9.93)

Title VIII – I

Sole Chapter I – General Provisions

Article 236

Public Servants’ Day will be celebrated on the twenty-eighth of October.

Article 237

Within the scope of the Executive, Legislative and Judicial Powers, the following functional incentives may be instituted, in addition to those already provided for in the respective career plans:
I – awards for the presentation of ideas, inventions or works that favor the increase in productivity and the reduction of operational costs;
II – award of medals, diplomas of honor to merit, decoration and praise.

Article 238

The terms provided for in this Law will be counted in calendar days, excluding the day of the beginning and including the day of maturity, being extended, for the first following business day, the period due on a day when there is no office.

Article 239

For reasons of religious belief or philosophical or political conviction, the civil servant cannot be deprived of any of his rights, suffer discrimination in his functional life, or excuse himself from the fulfillment of his duties.

Article 240

Civil servants are guaranteed, under the terms of the Federal Constitution, the right to free union association and the following rights, among others, arising from it:
a) to be represented by the union, including as a procedural substitute;
b) immovability of the union leader, up to one year after the end of the mandate, except if requested;
c) to deduct from the payroll, without burden to the union entity to which it is affiliated, the amount of monthly fees and contributions defined in the general assembly of the category.
d) (Repealed by Law No. 9,527, of December 10, 1997)
e) (Repealed by Law No. 9,527, of December 10, 1997)

Article 241

In addition to the spouse and children, the family of the servant is considered to be any person who lives at their expense and is part of their individual settlement.
Single paragraph. A partner or partner, who proves a stable union as a family entity, is equated with the spouse.

Article 242

For the purposes of this Law, the municipality where the office is located and where the civil servant has permanent office is considered the headquarters.

Title IX – I

Sole Chapter I – Transitional and Final Provisions

Article 243

The civil servants of the Powers of the Union, of the former Territories, of the autarchies, including those under special regime, and of public foundations, governed by Law No. 1,711, of 28, are subject to the legal regime established by this Law. October 1952 – Statute of Civil Public Employees of the Union, or by the Consolidation of Labor Laws, approved by Decree-Law No. 5,452, of May 1, 1943, except for those hired for a specific period, whose contracts cannot be extended after expiration of the extension period.
§ 1 The jobs occupied by civil servants included in the regime established by this Law are transformed into positions, on the date of its publication.
Paragraph 2. The functions of trust exercised by persons who are not members of the permanent table of the body or entity in which they are held are transformed into commissioned positions, and maintained until the position plan of the bodies or entities is implemented according to the law.
§ 3 The Superior Advisory Functions – FAS, performed by a member of a staff or staff table, are extinguished on the effective date of this Law.
§ 4 (VETOED).
Paragraph 5. The legal regime of this Law is extended to the servants of Justice, remunerated with Union resources, as appropriate.
§ 6 The jobs of foreign civil servants with stability in the public service, until they acquire Brazilian nationality, will become part of the extinct table of the respective body or entity, without prejudice to the rights inherent in the career plans to which the jobs are linked.
§ 7 The civil servants referred to in the caput of this article, not supported by art. 19 of the Transitional Constitutional Provisions Act, may, in the interest of the Administration and according to criteria established in regulation, be exonerated through indemnification of one month of remuneration per year of effective exercise in the federal public service. (Included by Law No. 9,527, dated 12.10.97)
§ 8 For the purposes of levying income tax at source and in the income statement, payments made as indemnity provided for in the preceding paragraph shall be considered as exempt indemnities. (Included by Law No. 9,527, dated 12.10.97)
§ 9o Vacant positions as a result of the application of the provisions of § 7o may be extinguished by the Executive Power when considered unnecessary. (Included by Law No. 9,527, dated 12.10.97)

Article 244

The additions for length of service, already granted to the servers covered by this Law, are transformed into an annuity.

Article 245

The special license governed by art. 116 of Law No. 1,711, of 1952, or by another legal diploma, is transformed into a premium license for attendance, as provided for in arts. 87 to 90.

Article 246

(VETOED).

Article 247

For the purposes of Title VI of this Law, there will be adjustment of accounts with Social Security, corresponding to the contribution period by the civil servants covered by art. 243. (Wording provided by Law 8,162, of 8.1.91)

Article 248

The statutory pensions, granted until the validity of this Law, are maintained by the organ or entity of origin of the server.

Article 249

Until the edition of the law provided for in § 1 of art. 231, the servants covered by this Law will contribute in the form and in the percentages currently established for the civil servant of the Union according to its own regulation.

Article 250

The servant who has already met or will meet, within 1 (one) year, the necessary conditions for retirement under the terms of item II of art. 184 of the former Statute of Civil Public Employees of the Union, Law No. 1,711, of October 28, 1952, will retire with the advantage provided for in that provision. (Maintained by the National Congress)

Article 251

(Repealed by Law No. 9,527, dated 12.10.97)

Article 252

This Law comes into force on the date of its publication, with financial effects from the first day of the following month.

Article 253

Law 1,711, of October 28, 1952, and the respective complementary legislation, as well as the other provisions to the contrary, are hereby revoked.

Part X – LAW No. 8,112, OF DECEMBER 11, 1990

Article 254

Parts vetoed by the President of the Republic and maintained by the National Congress, of the Project that became Law No. 8,112, of December 11, 1990, which “provides for the Legal Regime of Civil Public Servants of the Union, autarchies and foundations federal public funds “.
THE PRESIDENT OF THE FEDERAL SENATE:
Let me know that the NATIONAL CONGRESS maintained, and I, MAURO BENEVIDES, President of the Federal Senate, under the terms of § 7 of art. 66 of the Constitution, I enact the following parts of Law No. 8,112, of December 11, 1990:
“Art. 87 ……………………. ………………
§ 1 ° ……………………….. ……………
§ 2 ° The periods of premium leave already acquired and not taken by the servant who dies will be converted into pecuniary interest, in favor of his pension beneficiaries.
Article 192. The civil servant who counts length of service for retirement with full pay will be retired:
I – with the remuneration of the class standard immediately higher than that in which he is positioned;
II – when occupying the last class of the career, with the remuneration of the corresponding standard, plus the difference between this and the standard of the immediately preceding class.
Art. 193. The civil servant who has served as a director, leader, adviser, assistance or commissioned officer for a period of 5 (five) consecutive years, or 10 (ten) interpolated years, may retire with the bonus of the function or remuneration for the position in commission, of higher value, provided that it is exercised for a minimum period of 2 (two) years.
§ 1 ° When the exercise of the function or position in a higher value commission does not correspond to the period of 2 (two) years, the gratification or remuneration of the function or position in commission immediately lower among those exercised will be incorporated.
§ 2 The application of the provisions of this article excludes the advantages provided for in art. 192, as well as the incorporation referred to in art. 62, with the exception of the right of option.
Art. 231. …………………………………..
§ 1 ……………………………………..
§ 2 The The cost of retirement is entirely the responsibility of the National Treasury.
240. …………………………………..
a) … ……………………………………
b) …… …………………………………
c) ……… ………………………………
d) collective bargaining;
e) filing, individually and collectively, before the Labor Court, under the terms of the Federal Constitution.
Art. 250. The civil servant who has already met or will meet, within 1 (one) year, the necessary conditions for retirement under the terms of item II of art. 184 of the former Statute of Civil Public Employees of the Union, Law No. 1,711, of October 28, 1952, will retire with the advantage provided for in that provision. ”
Federal Senate, April 18, 1991. 170 ° of Independence and 103 ° of the Republic
MAURO BENEVIDES
This text is not a substitute for that published in the DOU of 19.4.1991

 

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