1) Complementary Law of the New Defense (former Bill 10, of 2010)
– Inserts the Minister of Defense effectively in the chain of command of the Armed Forces, as intermediary between the political power (the president of the Republic), which defines the actions, and the military means, which execute them;
– Creates the Joint General-Staff of the Armed Forces (EMCFA), being occupied by a general officer of the highest rank (four-star) of the active service or of the reserve service. If he is of the active service, he will automatically switch to the reserve after the nomination, as it already occurs with the Force commanders;
– The Commanders of Force will be responsible for the training of the troops; the employment of these troops will become responsibility of the Chief of the EMCFA;
– The Chief of the EMCFA will be indicated by the Minister of Defense and nominated by the President of the Republic, the same way it happens with the Commanders. He will have the same hierarchical level of the commanders of the Forces and supremacy over all other soldiers of any Force, except over the Forces’ commanders.
– The Minister of Defense will also indicate the Commanders of Force, for decision of the President. Before, the indication was of the Forces, after listening the Minister’s opinion;
– The Minister of the Defense will also choose freely his secretaries, including the military ones. Up to that time, the Forces themselves indicated the soldiers who should occupy military secretariats in the Defense;
– The alteration of the doctrine and the creation of the Joint General-Staff will allow an integrated acting of the Armed Forces. Today, in joint military services, they act under a “combined command” and, with the creation of the EMCFA, they will start to act under a “joint command”. With that, the troop of a Force will be able to be commanded in action by a military of another Force;
– Create in the Ministry of Defense the attribution of fixing politics of Defense material, which will be executed by the future Secretariat of Defense Products. The purchases will keep being made by the Armed Forces;
– Brings to the Ministry of Defense the formulation of the budgetary proposal of the Forces, together with these Forces;
– Extends to the Navy and to the Air Force the same power that the Army already had: of doing patrol, searches and prison in the act, among others;
– The acts practiced by soldiers in the missions’ fulfillment in subsidiary operations will be judged by the Military Justice;
– Determines to the Ministry of Defense the implantation of the White Paper of National Defense, document of public character, which will contain strategic, budgetary and institutional data and detailed material about the Armed Forces, boarding the next topics:
I – strategic scenery for the century XXI;
II – national defense politics;
III – national defense strategy;
IV – modernization of the Armed Forces;
V – rationalization and adaptation of the structures of defense;
VI– economical support of the national defense;
VII – the Armed Forces: Navy, Army and Air Force;
VIII – peace and humanitarian operations.
2) Interim Measure that creates posts for the Chief of the EMCFA and two new Secretaries
(It creates the position of Chief of the Joint General-Staff of the Armed Forces and two jobs DAS-6, for two new secretaries, without expenses increase, through the transformation, and extinction, of 61 vague Technical Commissioned Functions, of the level FCT-14).
In the structure of the New Defense, result of the modification of the Complementary Law 97/99, there was created the Joint General-Staff of the Armed Forces, organ of constant assistance of the Minister of State of the Defense, and which will take as Chief an general officer of the highest rank, of the active service, who will have to switch to the reserve in the act of the inauguration, or of the reserve service, indicated by the Minister of State of the Defense and nominated by the President of the Republic, and that will be in the same hierarchical level of the Commanders of the Forces, with ascendancy over all other soldiers of any Force, except over the commanders themselves.
Two other posts DAS-6 will be assured for the holders of the two new secretariats that will be created: the Secretariat of Defense Products and the Secretariat of Personnel, Education, Health and Sport.
The Secretariat of Personnel, Education, Health and Sport will have the task of integrating the areas of management of civil and military personnel of the Ministry and of the Commands, carrying out in this way an important role in the planning, evaluation, attendance and control of considerable effective of the employees, whose policies alignment, specially of personnel formation, is crucial for the good performance of the Forces and the full realization of the National Strategy of Defense (END).
On the other hand, the Secretariat of Defense Products will act, among other areas, in the formulation and updating of national policy of the industry of defense, as well as in the attendance of its execution and, still, in the formulation and updating of the policy of purchases of defense products (the execution of the purchases will keep being made by the Forces, according to the directives of the Secretariat of the Defense).
The current regimental structure of the Ministry of Defense has four Secretariats, in accordance with its basic structure defined in the clause VII, Article 29 of the Law Number 10,683, dated of the May 28 of 2003, and the secretariats are: Secretariat of Politics, Strategy and International Affairs; Secretariat of Education, Logistics, Mobilization and Science & Technology, Secretariat of Civil Aviation and, finally, Secretariat of Institutional Organization.
In the new organizational design, the Secretariats of ‘Politics, Strategy and International Affairs’ and of ‘Education, Logistics, Mobilization and Science & Technology’, currently led by general officers who receive gratuity of Exercise in Position of Trust due to the military employees, will start to integrate leaderships linked to the Chief of the Joint General-Staff of the Armed Forces.
The Secretaries of the Ministry of Defense will be freely chosen by the Minister of Defense, once respected the peculiarities and the functions of each Secretariat. In this way, it is aimed to guarantee the structural balance in the Ministry of Defense (before, the military secretaries were indicated by the Armed Forces).
3) Bill that provides for the creation of jobs destined to the new structure of the Ministry of Defense
It creates 227 posts and 251 gratuities, totalizing 488, to the annual cost of R$ 18.95 millions. There are the necessary ways so that the Ministry of Defense implements the National Strategy of Defense (END) and increases its capacity of coordinating the action of the Armed Forces in the execution of the functions of planning, budget, acquisition of defense products, preparation of the military personnel, among other goals.
– If the project is approved as it is, the Ministry will pass of 1,187 employees (609 civilians and 578 soldiers) to 1,675 employees (864 civilians and 813 soldiers).
The Defense, in the time of its creation, received a organizational structure with a number of jobs in commission and of functions compatible with the size idealized to the time. Along the years, besides acting as formulator organ, became responsibility of the Ministry of Defense to lead projects of government interest, such as the Project Calha Norte, the Project Soldado-Cidadão and the Project Rondon.
The structure, which was already insufficient for that reality, received more and more responsibilities with the new directives and obligations established by the National Strategy of Defense, making imperious the restructuring of the Ministry.
a) 225 posts in commission of the Group ‘Superior Direction and Assistance’ – DAS, distributed this way: 10 DAS-5, 40 DAS-4, 76 DAS-3, 67 DAS-2 and 32 DAS-1.
b) 24 gratuities GR-IV; 4 GR-III; 5 Gratuities of Exercise in Position of Trust of the Group A; 106 of the Group B and 23 of the Group E; 32 Gratuities of Exercise in Position of Trust due to soldiers of the ‘level V – Supervisor’ and 69 of the ‘level II – Specialist’.
4) Decree that nominates the Army General José Carlos De Nardi as Chief of the newly created Joint General-Staff of the Armed Forces (De Nardi already was secretary of the Ministry in the management of Nelson Jobim and was acting as Military Commander of the South region)
5) Decree that establishes the Military Structure of Defense
Substitutes the Military Structure of War, established by the Reserved Decree Number 8, dated of January 17 of 1980, by the Military Structure of Defense. The Minister of Defense is inserted in the chain of Command, below the Supreme Commander (the President of the Republic).
6) Decree that approves of the Politics of Defense Education (PEnsD)
Though each Singular Force has its peculiarities in the education area, it becomes necessary to firm a policy that joins common objectives and precepts with the purpose of enlarging the aspects referent to the National Defense and also contributing with the process of interaction between military and civil institutions.
The Policy of Defense Education, joint initiative of the Ministries of Defense and of Education, has the goal of inserting the theme ‘Defense’ in the national agenda, as recommended in the National Strategy of Defense, and of promoting a bigger commitment of the society, particularly of the civil academic means, with the defense themes. The initiative has also the goal of promoting bigger approximation between military and civil, contributing to the strengthening of the Brazilian democracy. It has as an objective, still, the cooperation in the area of the defense education with countries of interest, in harmony with the Brazilian Foreign Politics, especially in the South America.
7) Sanction of the Law that creates temporary jobs for the Fifth Military World Games.