Schematic overview of the Law 8112/90 INTRODUCTION 4A Law 8112/90 born to integrate the precepts contained in Section 37 of the

Constitution; 4A EC 19/98 abolished the single legal regime for the ci vil servants of the Union, States, Federal District and municipalities. Each lev el of government can adopt any of the existing legal regimes: Hired Under Employ ment Laws or statutes. There may be concomitant adoption of different regimes; 4 To public employees was issued the Law 9962/00, 4A Law 8112/90 establishes the l egal regime of civil servants of the Union, Local authorities, including the spe cial, and the Federal Public Foundations; 4Campo application: only the Union: Ex ecutive: Pres. the Republic, Ministries, Municipalities and Public Foundations F ederal. Legislative: SF and CD; Judiciary: All courts (except TJ states); And TC U and MPU (Federal, DFT, Labor, Military and Election). 4Diferença between Civil Servants and Public Officer The Penal Code and CF/88. 4Conceitos Basics: Position: is the smallest portion o f state power provided for in number and occupied by certain public servants. Fo r Hely Lopes Meirelles - office space is filled by a public servant. Employment: the unit is occupied by those who have a contractual relationship governed by C LT. Function: is the list of tasks performed by public officials. It is the assi gnment or set of tasks that the administration gives each professional category, individually or commits certain servers to perform any service or agency. Funct ion of trust is exercised exclusively by server effective position, is intended only to assignments of direction, management or advisory services to Brazilians and foreigners in the form of office or employment has lei.Todo function. Howeve r, there may be independent of job function or position. 4Classificação: Helly Lopes Meirelles Agent Audience: all or any person with or without bond, with or without pay, t emporarily or otherwise, that performs a function of the state. Political IAgent e - all those components of the government in its first steps invested in office s, positions, functions, mandates or commission for the exercise of constitution al powers. Examples: president of the republic, the mayor, aldermen, senators an d ministers of the STF and TCU. IIAgente Administrative - are those that bind to the State or its entities or bodies for industrial relations, subject to the fu nctional hierarchy, and to own the entity they serve. May be: civil servants, pu blic servants or temporary. Jesus Valentini 1 Schematic overview of the Law 8112/90 IIIIVVHonorary Agent - citizens are summoned, appointed or nominated to provide, even if temporarily, certain services to the state, because of its civic condition. E xamples: Poll workers and jurors. Agent Delegate - those who receive task of imp lementing a particular activity, work or service which the conduct of their own. Examples: notaries and registrars, the interpreters, auctioneers, translators, licensees and permittees. Accredited agent - are accredited by the State to repr esent him in situations that require specific expertise. Public 4Concurso ▪ It is essential for appointment to the effective position; ▪ Is it any evidenc e or proof and evidence; ▪ Can be done in two stages; ▪ Shelf life of up to two years and may be extended once for an equal period; ▪ be reserved up to 20% wave

s of the contest for the disabled, from that the assignments are consistent (20% in DF). Note any failure as long as com patible with the office; ▪ Do not open any new competition as suitable candidate s prior to the expiration date expired. However, the constitution allows. ▪ The tender is governed by rules contained in his edict. This should be published in the Gazette and in a newspaper of general circulation. 4Nomeação • In principle approval to a public law does not create the appointment, however, if the callin g instrument set a deadline for filling the position, there exists the right to appointment; • Server appointed by public tender has the right to possession, wh ereas the appointment of the server without competition may be undone before the inauguration; Jesus Valentini 2 Schematic overview of the Law 8112/90 Posse 4 ▪ It's investiture in public office; ▪ occurs with the signature of the term set out the powers, duties and rights; ▪ The term of office can not be changed unilaterally; ▪ occurs within 30 days of appointment or termination of the impediment; ▪ It can be done by proxy specifies; ▪ There is only held if there is approval for medical inspection;€▪ Requirements for appointment (art. 5 of 8112/90): a) Being Brazilian, b) the enj oyment of political rights, c) it quits with the military and electoral obligati ons, d) To have completed 18 years of age; e) level of education required for th e position, f) Physical fitness and mental health. Note: the duties of the offic e may justify the requirement as otherwise required by law; not constitute requi rements for tenure, but will be held at the: • Declaration not accumulate positi ons, jobs or public office illegally; • Statement of assets and values that constitute the patrimony. ▪ If the appointee fails to take possession within the statutory period, it beco mes void the act of naming (No dismissal or resignation). 4Exercício ▪ Is the effective performance of the duties of office; ▪ occurs within 15 days of ownership; ▪ For those who come in securitized financial position of trust th at date coincides with the publication of the act of designation, unless the server is a way or license (in this case may not exceed 30 days) ▪ The advantages of the pec uniary position and come with the exercise; ▪ Work hours maximum is 40 hours per week , with a minimum of six hours and a maximum of eight hours per day; ▪ Serv er that takes over and does not enter into the exercise within the deadline will be dismissed ex officio. ▪ 4Estágio Probation is intended to assess the ability and capacity of the server to fill the post; ▪ Factors Assessment: attendance, discipline, responsibility, productivity, ability to take initiative. ▪ Period o f probation: 24 months or three years (see Announcement of the contest) ▪ The pr obationary period occurs in the office and not in the public service; ▪ Approval of server performance will take place four months before the end of probation; ▪ The server on probation may not receive allowances: For training purposes, to mandate performance class and private affairs; ▪ The server on probation can hav e over commissioned in committee or function; ▪ The probationary period may be s uspended for licenses.

Jesus Valentini 3 Schematic overview of the Law 8112/90 Server failed on probation: A - If stable: it will be reappointed to the post previously held: - If you give yourself filling vacant - If it is extinct in ava ilability - If you're busy: the occupant is extended and will be used. B - If no stable shall be free. 4Estabilidade: Requirements: ▪ Open; ▪ 3 years of effecti ve exercise; ▪ Appointment in effective position. ▪ During this period, the abil ity and capacity of the server shall be evaluated for the post, on the following factors: "RAPID" • Server stable loses title: ▪ resigns because of a final cour t ruling; ▪ Resignation by PAD; ▪ Disclaimer procedure through periodic evaluati on of performance in the form of a supplemental law; ▪ Disclaimer limit for pers onnel expenses. 50% net return of 60% of the Union and other entities. • Notes: Whenever the server change over begins new probationary period; The server to sign the proper term, it is sworn in; Only effective server who mak es public tender; Discretion is the power freedom; Political Agent is not go verned by the law 8112/90 and yes, the constitution; Cargo lifetime: members o f the MP (sponsor) and members of the judiciary (judges) Every office has func tion, but the server may have a function without charge; Function commissioned is effective only for server; Cargo is commissioned to effective or not; Pr ovide is to fill the position; Only server to take possession before it is nam ed; The Supreme Court says there is no right acquired legal status of civil se rvants; Possession is not an administrative contract; The month for the serv er is 30 days. 4Provimento: the completion of that particular office was empty. To ensure the order, they must be respected basic requirements for appointment in public offic e (art. 5): Note The investiture will occur with the possession and provision wi th the appointment. • Types of Filling:-Originally: the initial bond between the person and the administration, has only one way: APPOINTMENT that can be made b y decree or ordinance. It is autonomous and original. -Derivative "is the act of filling a position when there is already a link with the previous administratio n as: promotion, reinstatement, removal and reversal. No further terms TRANSFER AND RISE. Jesus Valentini 4 Schematic overview of the Law 8112/90 -Escalation of Filling: Horizontal (without lifting professional) or Vertical (w ith high professional) 4Nomeação: • Definition: A way of filling the original po st in vacancy. • Characteristics: starts endowment generates expectation of owne rship. B: There will only be held after the appointment. • You may be given for not filling positions as effective or effective for filli ng. • Publication in D.O.U. 4Readaptação: • Definition: A way of filling derived horizontal investiture by t he server that has suffered physical or mental limitations in charge of tasks th at will be compatible with those. • Horizontal: salary, education level, experti se maintained; • It is independent of stability of limitations have expired or a ccidents on duty; • Avoidance; • Surplus. 4Reversão: • Definition: A way of filling derived by re-entry of the Administrat ion Server retired due to disability or termination of the request in the intere

st of the Administration. • Sealed for servers that have reached 70 years of age ; • On termination of disability: - It is independent of stability - not depend on the vacancy position (surplus). • Upon request, the interests of Directors: Volunteer - stability - in Job Vacancy - Requisition - Retirement effected in t he last five years from the date of request for reversal. Note: when effected an y chance of reversing the retirement pension will cease giving way to pay (activ e). 4Reintegração: • Definition: A way of filling derived by STABLE rejoin the s erver to the original position due to invalidation, administrative or judicial, the dismissal vitiated by illegality. • Effects retroactive to the date of habit (ex tunc). • Art 28, § 1: "Should the office have been extinguished, the server will be ava ilable in" • Art 28, § 2: "Finding himself filled the post, its possible occupan t would be brought to original position, without right to indemnity or tapped into another position, o r even put in readiness. " Jesus Valentini 5 Schematic overview of the Law 8112/90 4Recondução: • Definition: A way of filling derived by reinvestidura STABLE serv er in the office of origin, as a result of failure on probation or reinstatement . • Art 20, § 2: fail on probation the public servant is exonerated, or, if stab le, extended to the original position. 4Aproveitamento: • Definition: A way of f illing derived horizontal investiture by the server in charge of availability eq uivalent to the salary and duties it had before the idleness. • Availability of stability follows (rule); • Monitoring by SIPEC. Note: horizontality is related to maintaining the level of complexity of activit ies performed and the salary it is fitted, when the act of filling. 4Promoção: • Definition: A way of filling vertical derivative, where there is an increase in the level of complexity of assignments and, consequently, the maturity (vertica l). • Vacancy. 4 Removal is the displacement of the server within the same framework, with or w ithout change of seat. Removal can happen: - the office, in the interest of the administration - to request, at the discretion of the administration - to reques t bound, independent of the administration's interest: health, monitor spouse, o r because the selection process promoted under the national where the server is full. 4Redistribuição involves the displacement of the position of effective pro vision to another agency or entity of the same power. Always happen in the inter est of the administration. 4Salaries and the cash consideration for the exercise of his office. Can not be less than minimum wage and it is irreducible. 4Remune ração is the salary plus benefits (bonuses permanent) of personal character. Jesus Valentini 6 Schematic overview of the Law 8112/90 4Vacância: • Concept: is "devoid" of office. • Forms (art. 33): a) b) c) d) e) f) g) h) Rehabilitation Renewal (Article 20, § 2) Promotion Resig

nation Retirement Death Exoneration Tenure in office inacumulável 4Acumulação public office - CF Section 37, Article XVI and 95 single paragraph: • You may not remunerated accumulation of public offices, except: - The two teac hing positions; - The office of a teacher with another technical or scientific The two offices of private physicians. • Judges are forbidden - even in availab ility, another position or function, except for teaching. 4Exoneração • No chara cter sanctioning (punishing). It is the exemption from the server at their reque st or ex officio in the following cases: - when the server is not approved on pr obation - when after exercise does not come into possession in the legal term;€Occupying a position in the waiver committee will occur upon request or at the discretion of the competent authority - for excessive spending on staff. 4Demissão • • It is the dispensation of the server under penalty functional. Should always be motivated. Dismissal cases are to: - Crime - Abandonment of position (absent wit hout excuse for more than 30 consecutive days) - Inassiduidade usual (sixty inte rpolated days) - administrative misconduct - Incontinence public and scandalous conduct - Insubordination - Physical Offense - irregular application of public m oney - Revelation of the secret office - Injury to the public coffers - squander ing the patrimony - Corruption - Practice of crimes against bidding; Jesus Valentini 7 Schematic overview of the Law 8112/90 Accumulation of illegal positions: the server has 10 days to decide if it will n ot be introduced with a pad. Jesus Valentini 8 Schematic overview of the Law 8112/90 Help advantage of cost Features-Up to three salaries;-up expenses permanently, Fence-double payment;-Ad ministration bears transport server and your family (goods, baggage, tickets)-Fa mily of the server that died: 1 year to request the advantage of death. Granted, a day;-clearance from headquarters on an occasional or transitory;-Granted by h alf when there overnight, "Do not be paid when the leaves are characteristic of the post,-will not be paid if the removal is to neighboring regions covered by t he competence organ, except for overnight. -As provided in the rules of procedur e, use of own means of locomotion;-External service under the jurisdiction of th e office. Server-occupant of a commission office or position of trust,-will not be incorporated into salaries. Daily Indemnity Transportation Retribution (bonus) by exercising the function of direction, lead ership or advice Christmas bonus

Gratuities Additional -1/12 Remuneration December;-Fraction greater than 15 days: full month: Pay up t o-day 20/12;-Exonerated receives proportionately. -Unhealthy Places: between 1020% of salaries, a) expert opinion to evidence, b) According to the unsanitary c ) can not accumulate to dangerous. Unhealthiness,-Wild: 15% of salaries; Hazard, a) expert opinion. Painfulness painful-Activity: 15% of salaries, a) Regulated by category, b) areas of the border. -X-ray operators: 20 days vacation every si x months and mandatory and must be examined in June in six months. Additional pe r-That exceeds the normal labor; activity -50% of the value of normal hours; ext raordinary Limit of 2 h / d. Because, between 22h and 5h; Additional Night -25% of the value-hour night-time: 52 min and 30 sec -1 / 3 of the return on vacation ;-Right to fruition: 12 months of service; Additional - maximum accumulation: tw o periods, holidays-could be split into three slips; Paid-up two days before the enjoyment. Jesus Valentini 9 Schematic overview of the Law 8112/90 Jesus Valentini 10 Schematic overview of the Law 8112/90 Of illness in family member Reason for removal of the spouse or partner military service -Taking care of ill relative;-Proof by a medical board;-Care server is indispens able and can not be reconciled with their work activities;-Up to 30 days renewab le for up to 30 days: paid, no-pay: up to 90 days. Indefinite-term, no-pay;-year interim: compatibility between positions. -To fulfill their military obligation s;-Completed: 30 days, without pay, to resume the job. License-option, without p ay: choice between partisan and electoral registration in court;-Remunerated up to 3 months of registration with the Election;-License: until the 10th day follo wing the election. -With fee every five years; -3 months training course for pro fessional-Inacumulável. -Up to 3 years;-No pay;-may be interrupted at any time. Entity-class representative;-entity associated with up to 5000: a server;-Entiti es associated with 5001-30000: 2 servers;-Entities with more than 30,000 associa tes: 3 servers. Time-term, renewable once. Assignment and non-recovery;-Cargo in committee or position of trust: a) Federal, State, Municipalities and DF: burde n of remuneration of the assignee; b) Public Enterprises or S / A: option for co mpensation of the effective position brings about a refund. -Mayor: opts for pay (clearance required);-Alderman: accumulation allowed;-Term Federal, State or Di strict: mandatory expulsion. -Up to 4 years;€New remote-only when the exercise e ffect for the same period, total state-Burden, Burden-part of the state, state-N o charge. -1 Days, -2 days -8 consecutive days (families and dependents) -8 cons ecutive days; Jesus Valentini 11 Licenses Activity Policy Capacity Dealing with private interests Performance Mandate Classist (rep. class, eg, uni ons)

Serve another agency or entity Mandate Elective (derived from the suffrage) Clearances To study or mission abroad Concessions Blood Donation Enlistment Election Death of relative Marriage Schematic overview of the Law 8112/90 Licensed to treat their own health Maternity leave Paternity Leave adopter License Social Security Benefits License Accident Service Funeral pay Assistance for imprisonment Assistance-natalist Family wage Up to 30-day review of concessions made by the medical sector;-More than 30 days , for the official seal;-Completed the term medical inspection settle back on th e service, extension of benefits or retirement. -120 Days from the 1st day of th e ninth month of pregnancy; Subject-risk pregnancy (prescription)-Premature: lic ense from the birth;-Stillbirth: after 30 days, exam doctor to opine on its back or not ;-Abortion: 30 days. -All cases with pay; Infant deter-1h / d in order t o breastfeed her child, until it reaches 6 months. Granted, the server who becam e father (adoption or not). -5 Consecutive days and paid. -90 Days from the date of effectiveness;-with pay. -Damage to physical or mental impairment that relat es mediately or immediately to the duties of office;-Equivalent to: unjustified aggression or accident on route to work, Full-Pay;-private institution for speci alized treatment: the burden of administration. Due to family-server, active or inactive, who died;-Accumulation allowed positions: paid due to post higher pay; -Paid within 48 h when the family that funded funeral; Death-out of the workplac e : costs of transportation will be the Administration. Prison server; -2 / 3 of the fee when the prison is in flagrant or detention; -1 / 2 of remuneration whe n the decision is final;-If acquitted, is entitled to payment;-Cessa when loosen ing, even conditional -Due to server or server due to birth of son-less equivale nt to the salary of public service;-Includes Stillborn;-Multiple Birth: value pl us 50% of unborn child. Why economic-dependent spouse, children, adopted or unde r the custody, mother and father without proper economy. Due to server-active or inactive; By-dependent;-servers Parents living in common: they are paid only on one;-Parent separate servers: paid to two, because of the distribution of the d ependent. Jesus Valentini 12 Schematic overview of the Law 8112/90 -Corresponding value of remuneration when the effectiveness of the server, the d

ate of death;-Defendant at any time;-prescribes only the benefits payable for mo re than five years; Sealed-perception of two or more pensions (option);-Benefite d Lifetime: a) a spouse / partner, b) Separate legal / divorced, with a court de cision guaranteeing alimony c) Mother and father dependent d) Greater than 60 ye ars that prove defective or economic dependence. Temporary Benefited-a) sons / s tepsons, until additional 21 years or terminate disability, b) lower in the cust ody / guardianship until completing 21 years c) Brother orphan dependent: up to 21 years or until the disability ceases, d) designee dependent: up to 21 years o r until the disability ceases. Provisional Pension-received by his presumed deat h (converted to 5 years): a) judicial declaration of absence, b) Disappearance o f landslide, flood, fire or accident; c) Disappearance in the performance of dut ies of the office or security mission. Pension Benefit Pension 4Do Disciplinary Scheme (Arts. 116-142) • Duties: The law provides for the duties to be observed by federal employees in the exercise of effective position or function and also to the commissioners. T he main duties of the servers are:-Being loyal to the institutions serve;-Comply with orders from above, except where clearly illegal;-Bring to the attention of the higher authority of the irregularities that have knowledge by virtue of off ice;-Strive for the economy material and the preservation of public property;-Ke eping conduct compatible with the administrative morality;-be diligent and punct ual service, among other important duties.€• Of Liability: the server to imprope rly perform their duties can answer criminally, and administratively. (Art. 37, para. 6 of the Constitution). Jesus Valentini 13 Schematic overview of the Law 8112/90 -Liability: damage to the purse or the third party for fraud or negligence;-Crim inal liability: the acts of a misdemeanor or criminal offense related to the exe rcise of the powers of the server;-liability management: server misconduct in th e performance of their duties which is in disagreement with the principles and r ules that guide public administration;-downs may accumulate up because they are mutually independent, however, there is a case in which a decision will influenc e other spheres; himself in the criminal sphere server is acquitted in the absen ce of fact, or if the server is acquitted because the act was not of his own, he can not be administratively sanctioned; himself in the field of criminal law th e offender is sentenced, the obligation to repair the damage becomes civil right , making res judicata. 4Regime Disciplinary Procedure and Disciplinary Administr ative: a) Warning: • Punishment bland; • Written in the settlements functional; • Time limitations period: 180 days • Cancellation of registration: three years; • Procedure Required: syndication; • Deadline for completion of the inquest: 30 days + 30 days • Irregularities: art. 117, inc. I to VIII and XIX. b) Suspensio n: • Punishment lenient or strict, • Mild: up to 30 days - preceded syndication (completion: 30 days + 30 days) • Rigorous: 31-90 days - preceded by "PAD" (endi ng 60 days + 60 days) • By writing in the settlements functional; • Time limitat ions period: 2 years; • Cancellation of registration: 5 years. • Ob: Conversion to a fine: 50% of the daily wage or salary, commensurate with days would remain suspended. • Irregularities: art. 117, inc. XVII, XVIII and re fusing a medical examination given by the Administration. • The latter gives ris e suspension for 15 days, passive of "repentance". • Rule: Everything should be severely punished, but it is not firing, leads to s uspension.

c) Resignation: • Punishment strict; • Preceded by "PAD" or Rite Contents; • Rit e Summary for the following irregularities: Jesus Valentini 14 Schematic overview of the Law 8112/90 - Accumulation of jobs: jobs and public duties - Inassiduidade usual: 60 days, w ith interruptions in 12 months, of unexcused absences; - Abandonment of office: more than 30 consecutive days of unexcused absences • Time limitations period: 5 years; • Cancellation of registration: -; • Irregularity: art. 117, inc. IX to XVI and art. 132. d) Proceeds of Cassation: • retirement incomes of Cassation or availability due to irregularity of passive resignation practiced when active. e) Dismissal: For post in committee: From positions of trust: Instances: cumulative, independent a nd intercomunicáveis Administrative Civil Criminal Sentenced: Convicted: Convict ed: imprisonment resignation enforcement action based on legal title Acquitted: Acquitted: Acquitted: Denial of authorship; away responsibility away from resp onsibility ° None of fact. Acquitted: Can be condemned, may be condemned: insuff icient evidence for dismissal preceded enforcement action title based on extraju dicial PAD Penalty notice Irregularities Section 117, I to VIII and XIX Section 117, XVII a nd XVIII. Ob: Refusing a medical examination determined - special suspension of up to 15 days Prescription Deadline for cancellation of the registration procedu re required three years Syndication • Syndication: Up to 30 days-2 years 5 years • PAD: From 31 to 90 days 60 days + 60 days deadline for completion of the proc edure 30 days 30 days 30 days + 180 days Convertible into a fine suspension (50% on R or V) Jesus Valentini 15 Schematic overview of the Law 8112/90 Resignation Article 117, IX to XVI and 132 5 years ________ Rite Contents:-Accumulation of positions;-Abandonment of posts;-usual Inassiduid ade • PAD:-Other cases • 30 days + 15 days 60 days + 60 days Jesus Valentini 16