Unofficial Translation Brazil Law No 8112 Published: December 11st, 1990
Title IV Disciplinary Regime Chapter I Duties Article 116. The duties of the server: I - perform with zeal and dedication to the duties of the position; II - be loyal to the institutions serving III - observe the laws and regulations; IV - fulfill orders, unless manifestly illegal; V - meet with promptness: a) the general public, providing the required information, except as protected by secrecy, b) the issuance of certificates required for defense in law or clarify situations of personal interest, c) the requests for the defense of Finance Public. VI - bring to the notice of the higher authority of the irregularities that have science because of their rank; VII - watch over the economy of material and preservation of public property; VIII - secrecy about the matter distribution; IX - maintain conduct consistent with administrative morality, X - be diligent and punctual service; XI - treat people with courtesy; XII - represent against illegality, omission or abuse of power. Sole paragraph. The representation mentioned in item XII will be directed by a higher authority and appreciated higher than that against which it is made, ensuring representing the defense. Chapter II Prohibitions
Article 117. The server is not: I - absent from duty during working hours without prior permission of the immediate supervisor II- withdraw without prior consent of the competent authority any document or object allocation III- refusing faith to public documents; IV - resist unjustified and document the progress of the implementation process or service; V - promoting expression of appreciation or contempt on the grounds of breakdown; VI - commit the person outside the office, outside the cases provided by law, the performance assignment that is his responsibility or his subordinate; VII - entice or coerce subordinates in order to associate with professional association or union, or political party; VIII - keep under his immediate superior in office or position of trust, spouse, partner or relative within the second civil degree; IX - rely on the position to achieve personal gain or that of others at the expense of the dignity of public service; X - participate in the management or administration of private enterprise, civil society, unless participation in councils administration and taxation of companies or entities in which the Union holds, directly or indirectly, participation in share capital, is forbidden to exercise the trade except as a shareholder, unit-holder or silent partner; (Amended by Measure Provisional 2225- 45, of 4.9.2001) XI - act as proxy or middleman, along with government offices, except in the case of social security benefits or assistance from relatives to the second degree, and spouse or partner; XII - receiving gratuity, commission, gift or advantage of any kind, due to its function; XIII - accepting commission, employment or pension foreign state; XIV - practicing usury in any of its forms; XV - to proceed with contempt; XVI - personal use of materials or resources distribution on particular activities or services; XVII - committing to another server assignments unrelated to the position he holds, except in emergency and transitional; XVIII - perform any activities that are inconsistent with the exercise of the office or position and the work schedule;
XIX - refuse to update their registration information when requested. (Item Included by Law No. 9527 of 12/10/97) Chapter III Accumulation Article 118. Except as provided in the Constitution, it is prohibited to accumulate paid public office. ยง 1 The ban extends to accumulate positions, jobs and functions in local authorities, public foundations, public companies, joint stock companies of the Union, the Federal District , States, Territories and Municipalities. ยง 2 The accumulation of positions, though lawful, is subject to proof of compliance schedules. ยง 3 It is forbidden to build awareness of winning public office or position effective with the proceeds inactivity, unless the positions that arise are those fees accumulated in the activity. (Paragraph added by Law No. 9527 of 12/10/97) Art 119. The server cannot perform more than one position in committee, except as provided in paragraph of art. 9 or be paid for attending board of collective deliberation. (Amended by Law No. 9527 of 10/12/97) Sole paragraph. The foregoing shall not apply to remuneration due from participation in boards and corporate tax and public joint stock companies, their subsidiaries and affiliates, and any companies or entities in which the Union, directly or indirectly holds an interest in capital stock, which, with respect, they possess specific legislation (Amended by Measure Order No. 2225-45, of 4.9.2001) Art 120. The server linked to the scheme of this Act, which legally accumulate two positions effective when invested in charge of filling in committee, will be removed from both positions effective, except in the event that there is compatibility with the time and place for one year, declared by the highest authorities of the bodies or entities involved. (Amended by Law No. 9527 of 12/10/97) Chapter IV Responsibilities Art 121. The server responds civil, criminal and administrative responsibility irregular exercise of its powers. Art. 122. The liability arises from an omission or commissive act , intentional or negligent, which results in injury to the treasury or to third parties. ยง 1 The compensation injury intentionally caused the exchequer only be settled as provided in Art. 46, in the absence of other goods to ensure the implementation of debt through the courts.
ยง 2 In the case of damage caused to third parties, the server responds before the Exchequer, in action down. ยง 3 The obligation to repair the damage extends to the successors and against them will run up to the limit of the value of the inheritance received. Art. 123. Criminal liability covers crimes and misdemeanors charged to the server as such. Art. 124. The civil and administrative liability resulting from an act or omission done in the performance of commissive position or function. Art. 125. The civil penalties, criminal and administrative may accumulate up, being independent of each other. Art. 126. The administrative responsibility of the server will be removed in case of acquittal criminal who denies the existence of the fact or his own. Chapter V Penalties Article 127. Disciplinary penalties are: I - Warning II- suspension III- resigned; IV - forfeiture of retirement or availability; V - dismissal from office in committee; VI - dismissal of commissioned function. Art. 128. In applying the penalties will be considered the nature and seriousness of the offense committed, the damage that it sourced for the public service, the aggravating or mitigating circumstances and background functional. Sole paragraph. The act of imposition of penalty shall state the legal basis and always because of disciplinary action. (Paragraph added by Law No. 9527 of 12/10/97) Art 129. The warning applies in writing in cases of violation of prohibition in art. 117, items I to VIII and XIX, and breach of his official duty provided by law, regulation or internal rule, that does not justify imposition of more severe penalty. (Amended by Law No. 9527 of 12/10/97) Section 130. The suspension will be applied in case of repeated absences penalized with warning and violation of other prohibitions that do not criminalize violations subject to penalty of dismissal, not exceeding ninety (90) days.
ยง 1 will be punished with a suspension of 15 (fifteen ) days the server that unjustifiably refuse to be subjected to medical examination determined by the competent authority, the effects of ceasing once fulfilled the penalty determination. ยง 2 When there is convenience for the service, the penalty of suspension may be converted into fine at the rate of 50% (fifty percent) per day of maturity or payment, getting the server required to remain in service. Art. 131. Penalties warning and suspension will have their registrations canceled after the lapse of three (3) and five (5) years of actual exercise, respectively, if the server does not exist, in this period, practicing new disciplinary offense. Sole paragraph. The cancellation fee will not have retroactive effect. Art. 132. The resignation will be applied in the following cases: I - crime against the public administration; II - abandonment of office; III - lack of assiduity IV- administrative misconduct; V - Incontinence public and scandalous conduct in office; VI - insubordination in severe service VII- physical harm, in service, the server or the particular, except in legitimate self-defense or others; VIII - irregular application of public money; IX - revealing secret that appropriated due to post: X - injury to squandering public funds and national heritage; XI - corruption; XII - illegal accumulation of offices, positions or public functions; XIII - transgression of items IX to XVI art. 117. Art 133. Detected at any time the accumulation of illegal positions, jobs or public functions, the authority referred to in Art. 143 notifies the server, through his immediate superior, the option to display non extendable period of ten days from the date of science and, in the event of default, summary proceeding to adopt its investigation and immediate regularization, whose administrative disciplinary proceedings if develop the following phases: (Amended by Law No. 9527 of 10/12/97) I - introduction, with the publication of the act constituting the commission, to be composed of two servers stable, and simultaneously indicate authorship and materiality of the object offense the calculation; (Item Included by Law No. 9527 of 10/12/97)
II - summary statement, which comprises indictment, defense and report; (Item Included by Law No. 9527 of 12/10/97) III - judgment. (included by Item Law No. 9527 of 12/10/97) § The first indication of authorship that is the item I will give the name and registration server, materiality and the description of offices, positions or public functions in a situation of illegal accumulation, bodies or entities binding, the dates of entry, working hours and corresponding legal regime. (Amended by Law No. 9527 of 12/10/97) § 2 The commission shall plow, three days after the publication of the act to constitute a term of indictment in which shall be entered the information in the previous paragraph, as well as promote personal summons server indicted, or through his immediate superior, to, within five days, submit written defense, ensuring to him in view of the allocation process, as set forth in arts. 163 and 164. (Amended by Law No. 9527 of 12/10/97) § 3 Submitted defense, the commission shall report conclusive as to the innocence or liability server, in summarizing the major parts of the case, opined on the lawfulness accumulation in the examination, indicate the relevant legal provisions and refer the case to the issuing authority for judgment. (Paragraph added by Law No. 9527 of 10/12/97) § 4 Within five days from the receipt of the case, the authority judges render its decision, applying, where applicable, the provisions of § 3 of art. 167. (Paragraph added by Law No. 9527 of 12/10/97) § 5 The choice of server until the last day of term to set up their defense in good faith, in which case will turn on automatically request for dismissal of the other charge. (Paragraph added by Law No. 9527 of 10/12/97) § 6 Characterized accumulation illegal and proven bad faith, it will apply the penalty of dismissal, removal or forfeiture of retirement or availability with respect to positions, jobs or public functions in accumulation regime illegal, in which case the bodies or entities Binding will be reported. (Paragraph added by Law n º 9527, of 10.12.97) § 7 The deadline for completion of administrative disciplinary proceedings submitted to the summary proceeding shall not exceed thirty days from the date of publication of the act constituting the commission, admitted its extension for up to fifteen days, when circumstances require. (Paragraph added by Law No. 9527 of 12/10/97) § 8 The summary proceeding shall be governed by the provisions of this article, observing, in that it is applicable, alternatively, the provisions of Titles IV and V of this Act (Section Included by Law No. 9527 of 12/10/97) Art 134. Retirement will be revoked or availability of idle there is practiced in activity, lack punishable by dismissal. Art. 135. The dismissal of a commissioned office by not exercised effective position occupant will be applied in cases of infraction subject to the penalties of suspension and dismissal.
Sole paragraph. Given the hypothesis of this article, the exemption made pursuant to art. 35 will be converted into dismissal of a commissioned office. Art. 136. The resignation or removal from office in committee, in the case of sections IV, VIII, X and XI of art. 132, implies the unavailability of goods and reimbursement to the Treasury, subject to applicable criminal action. Art. 137. The resignation or removal from office on commission, for any breach of art. 117, sections IX and XI, is inconsistent former server for new federal endowment in public office for a period of 5 (five) years. Sole paragraph. Cannot return to the federal public service that the server is dismissed or removed from office on commission for any breach of art. 132, sections I, IV, VIII, X and XI. Art. 138. Sets abandonment charge of willful absence from the server to the service for more than thirty consecutive days. Art. 139. It is understood by usual lack of assiduity in the service without cause, for sixty days between a twelve-month period. Art. 140. In the determination of abandonment of position or inassiduidade usual, will also be adopted to the summary procedure referred to in art. 133, noting in particular that: (Amended by Law No. 9527 of 10/12/97) I - give an indication of materiality shall be: (Item Included by Law No. 9527 of 10/12/97) a) in the event abandonment of position, the precise period of absence intentional server to service more than thirty days; (Subparagraph added by Law No. 9527 of 10/12/97) b) in the case of usual lack of assiduity, the indication of absence from service without good cause, for a period of not less than sixty days between twelve-month period; (Subparagraph added by Law No. 9527 of 10/12/97) I - after the presentation of the defense commission shall report conclusive as to innocence or the responsibility of the server, in summarizing the major parts of the case, indicate the respective legal provision, opined, in the event of abandonment of office, on the intentionality of absence to serve more than thirty days and refer the case to the issuing authority . (Item Included by Law No. 9527 of 10/12/97) Art 141. The disciplinary penalties will be applied: I - by the President, the Presidents of the Houses of the Legislature and the Federal Courts and the Attorney General's Office in the case of dismissal and forfeiture of retirement or availability of linked server to the respective Branch, agency, or entity; II - by the administrative hierarchy immediately below those mentioned in the previous item in the case of suspension of more than thirty (30) days; III - the head of the department and other authorities in the form of their rules or regulations in cases of warning or suspension of thirty (30) days;
IV - the authority which has made the appointment, in the case of dismissal of a commissioned office. Art. 142. Disciplinary action shall prescribe: I - in 5 (five) years, for the offenses punishable by dismissal, forfeiture of retirement or removal from office and availability in committee; II - in 2 (two) years, to discontinue III- 180 (one hundred eighty) days as to the warning. ยง 1 The limitation period shall run from the date on which the fact became known. ยง 2 The limitation periods provided for in criminal law apply to disciplinary infractions also recognized as a crime. ยง 3 The opening of inquiry or prosecution of disciplinary proceedings interrupts the prescription until the final decision by the competent authority. ยง 4 Stopped the course of the prescription, the period shall run from the day you stop interrupting.