STATUTE OF THE FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO OF RIO GRANDE DO SUL

CHAPTER I

NAME, HEADQUARTERS AND PURPOSE.

Art. 1º – The Fundação Escola Superior do Ministério Público of Rio Grande do Sul – FMP, constituted by public deed number 098 with general number 22.299, of the 1st Notary of this District, with headquarters and court in the City of Porto Alegre, State of Rio Grande of the South, will be governed by this Statute.

 

Art. 2nd – The FMP is an administrative and financially autonomous entity, non-profitable and with its own legal personality.

 

Art. 3rd – The duration of the FMP is indefinite, and the beginning of its activities will be counted from the date of registration of the present Statute in the Registry Office of Legal Entities of the Capital.

 

Art. 4th – The purpose of the FMP is:

I – institute and teach courses in order to prepare candidates for a career at the Public Ministry;

II – institute and teach postgraduate degree programs to educate, improve and specialize members of the Public Ministry and other operators of Law, including partnerships with other Higher Education Institutions;

III – institute and maintain a higher education establishment to provide students and professionals with conditions and opportunities for human, technical and scientific improvement through undergraduate programs, especially in Law, and postgraduate, master’s and doctoral programs, always in accordance with the regulations in force and related to the field, which will be governed by its own Regulation and rules;

IV – hold seminars, congresses, symposia, study cycles, extension courses, conferences, lectures, and any other activities that may contribute to the cultural and professional improvement of those with careers at the Public Ministry or with similar roles and those in areas of interest to the institution;

V – support teaching and research projects and activities;

VI – edit publications;

VII – sign agreements aiming at the cultural and functional improvement of the Public Ministry members, as well as of the faculty and students of its maintained establishments;

VIII – associate itself to public and private institutions, national or foreign, aiming at cultural and scientific exchange;

IX – provide services for the organization and administration of selections.

 

Art. 5th – For the development of its purposes, the FMP will maintain:

I – the School of the Public Ministry of Rio Grande do Sul, whose activities comprise preparatory courses for entrance exams in the careers of Public Prosecutor and Public Servant of the Public Ministry, in all its modalities, in addition to thematic and qualification courses, under the terms of this Regulation;

II – the School of Law of the Fundação Escola Superior do Ministério Público of Rio Grande do Sul – FFMP, comprising Law undergraduate degrees and postgraduate degrees, both lato and strictu sensu, and extension courses, in the form and manner of this Regulation.

 

CHAPTER II PATRIMONY AND REVENUE

Art. 6 – The FMP assets comprise:

I – the transfer, to its name, of the amount of CR$ 6,000,000.00 (six million Cruzeiros), deposited by the Association of the Public Ministry of Rio Grande do Sul at the Açorianos Branch of Caixa Econômica Federal, in a result account;

II – donations, aids, subsidies and bequests that may be made;

III – rights and assets obtained through regular acquisition;

 

Art. 7 – The FMP revenues include: I – those arising from its patrimonial assets, from trusts, usufructs and other institutions in its favor;

II – contributions made by natural or legal persons, or by any other entity;

III – aids and subsidies from the Government;

IV – those arising from the provision of services.

 

Art. 8 – The FMP does not distribute profits, dividends, bonuses, participations or portions of its patrimony, under any form or pretext, fully investing its income, assets and operating results in the maintenance and development of its institutional objectives in the national territory.

 

CHAPTER III ADMINISTRATION

Section I General Provisions

Art. 9 – The FMP has the following bodies:

I – Deliberative Council;

II – Advisory Council;

III – Administrative Council;

IV – Board of Trustees.

 

Art. 10 – The FMP does not remunerate nor grant advantages and benefits by whatever title to the members of the Board of Trustees and of the Deliberative, Administrative, and Advisory Councils due to the competences or roles attributed to them by this Statute.

 

Art. 11 – The simultaneous performance of roles in the FMP management bodies is prohibited.

 

Section II Deliberative Council

Art. 12 – The Deliberative Council is integrated by:

I – the President of the Association of the Public Ministry of Rio Grande do Sul;

II – the Attorney General of Justice or by his/her legal substitute;

III – the General Ombudsperson or by his/her legal substitute;

IV – a class representative appointed by the Board of the Association of the Public Ministry, among the retired members of the Institution;

V – a representative of the class appointed by the Council of Representatives of the Association of the Public Ministry.

  • 1. The members of the Deliberative Council, appointed by the Board of Directors and the Council of Representatives of the Association of the Public Ministry, will have a two-year term, which may be extended for another term.
  • 2. The Board of Directors and the Council of Representatives of the Association of the Public Ministry, when concerning the nominations in the previous paragraph, will choose a deputy member, who will perform the role in case of impediment, absence or vacancy of the respective holder, or when elected President of the FMP.

 

Art. 13 – The Deliberative Council is responsible for:

I – electing, among its members, the President and the Secretary of the Deliberative Council;

II – electing the President of the FMP, among members of the Public Ministry of Rio Grande do Sul;

III – approving the appointment of the Vice President, the Secretary and the Faculty Representative of the Administrative Council of the FMP;

IV – establishing the institutional policy of the FMP;

V – approving the Internal Regulation of the FMP;

VI – deciding on the FMP real estate acquisitions, as well as on the acceptance of bequests or donations with charge;

VII – deliberating on the transfer or encumbrance of FMP’s real estate, having previously consulted the Advisory Council and the Public Ministry;

VIII – approving, after the ruling of the Board of Trustees, the Annual Report of the FMP;

IX – approving, until December 30 of each year, the FMP budget proposal;

X – approving the statutory reform or amendment, in a joint meeting with the Administrative Council;

XI – disclosing the proposals of the Administrative Council, as well as the structure and programmatic content of the courses maintained by the FMP;

XII – deliberating on the extinction of the FMP, in a joint meeting with the Board of Trustees.

 

Art. 14 – The Deliberative Council will meet, ordinarily, once a semester, and, extraordinarily, whenever necessary, when present the majority of its members, in a single call.

  • 1. Extraordinary meetings will be called by the President of the Deliberative Council, by two of its members or by request of the President of the FMP.
  • 2. The decisions of the Deliberative Council will be made by majority vote, considering the totality of its members, being the President of the Deliberative Council the casting vote.
  • 3. The President of the FMP will participate in the meetings of the Deliberative Council, with no right to vote.

 

Section III Advisory Council

Art. 15 – The Advisory Council, composed by the last five ex-presidents of the FMP, is the consultative body of the Deliberative Council.

 

Art. 16 – It is the responsibility of the Advisory Council to pronounce itself on:

I – transfers and encumbrances of FMP’s real estate;

II – statutory reforms or alterations;

III – the extinction of the FMP;

IV – any other matters relevant to the FMP that are submitted to it to be examined by its Deliberative Council.

 

Section IV Administrative Council

Art. 17 – The Administrative Council is integrated by:

I – the President of the FMP;

II – the Vice President of the FMP;

III – the FMP Secretary;

IV – the Faculty Representative.

 

Art. 18 – The Administrative Council will be responsible for:

I – managing the activities of the FMP, according to the institutional policy established by the Deliberative Council;

II – preparing the Internal Regulation of the FMP, submitting it to the approval of the Deliberative Council;

III – organizing administrative services and setting the salaries and assignments of the staff;

IV – promoting, for each of the courses and teaching activities maintained by the entity, the selection and recruitment of the respective professors, setting for them, in advance, the workload, shift and contents to be taught;

V – ratifying the decision of the President of the FMP regarding admissions and dismissals in administrative services;

VI – preparing the annual accounting report and submitting it to the Deliberative Council to be examined after the judgment of the Board of Trustees;

VII – preparing, up to November 30th of each year, a budget proposal, submitting it for the appreciation of the Deliberative Council;

VIII – setting up individual or collective entities to assist in the teaching and research tasks and in management.

IX – approving statutory reform or alteration, in a joint meeting with the Deliberative Council;

X – choosing, annually, among the members of the Faculty, the Area Coordinators;

XI – deciding on the adoption, modification, standardization and extinction of pedagogical measures and practices applied by the FMP;

XII – proposing the structure and programmatic content of the programs and courses taught by FMP;

XIII – deciding, according to the Internal Regulation, the reconsideration requests and appeals regarding teaching and research.

Sole paragraph – When managing the tasks related to teaching and research listed in items XI to XIII of this article, the Administrative Council will be integrated by the Area Coordinators;

 

Art. 19 – The members of the Administrative Council, in the regular exercise of their duties, do not respond jointly or subsidiarily to the obligations or charges of the FMP.

 

Art. 20 – It is the responsibility of the President of the FMP to: I – represent the FMP actively, passively, judicially and extrajudicially;

II – choose the Vice President of the FMP;

III – choose the FMP Secretary, after hearing the Vice-President;

IV – choose the Director of the maintained for the undergraduate, lato sensu, and strictu sensu postgraduate programs;

VI – appoint a representative of the Faculty to the Deliberative Council to integrate the Administrative Council, after hearing the Vice-President;

VII – participate, with no right to vote, in the meetings of the Deliberative and Advisory Councils;

VIII – cause the Deliberative Council to be summoned;

IX – call and preside over the meetings of the Administrative Council;

X – delegate duties to the Vice-President, the Secretary, and the FMP Faculty Representative;

XI – admit and dismiss personnel, ad referendum of the Administrative Council.

 

Art. 21 – In his/her temporary impediments or absences, the President will be replaced by:

I – the Vice-President;

II – the Secretary, in the event of the Vice President’s absence or temporary impediment.

III – the Faculty Representative, in the event of absence or temporary impediment of the Secretary.

 

Section V Board of Trustees

Art. 22 – The Board of Trustees, composed of three members, with a two-year term, is integrated by:

I – a representative of the class appointed by the Special Body of the College of Attorneys;

II – a class representative appointed by the Superior Council of the Public Ministry;

III – a class representative appointed by the Board of the Association of the Public Ministry of Rio Grande do Sul.

 

Art. 23 – The Board of Trustees is responsible for:

I – examining the FMP accounts, balance sheets and documents;

II – issuing opinions on the FMP reports, balance sheets and accounts;

III – deciding on the extinction of the FMP, in a joint meeting with the Deliberative Council.

 

Art. 24 – The Board of Trustees will meet, ordinarily, once a year, and, extraordinarily, whenever called by any of its members or by its representative and management bodies.

 

Art. 25 – The figure of the “Ombudsman” is created, whose functions and form of election will be provided for in the Internal Regulation.

 

CHAPTER IV OBLIGATIONS TO THE PUBLIC MINISTRY

Art. 26 – The Foundation is bound to the Public Ministry to require prior examination to:

  1. Request judicial authorization to transfer its real estate;
  2. Accept donations with charges;
  3. Take out loans with real collateral;
  4. Change the statute;
  5. Extinct the Foundation.

 

CHAPTER V STATUTORY CHANGE

Art. 2 – The present Statute may be altered or reformed on initiative of the Deliberative Council or on proposal of the Administrative Council to the Deliberative Council, after consultation with the Advisory Council.

The decision will be taken by two thirds (2/3) of the members of the Deliberative Council, in an extraordinary meeting, jointly with the Administrative Council, specially called for this purpose.

 

Art. 28 – The voting that changes the statute will be nominal, and it is the President of the Deliberative Council’s responsibility, in case of non-unanimity, to record in the minutes the list of outvoted members, their addresses and whether they have been notified to, if they wish, contest the result in ten (10) days in the Public Ministry.

 

Art. 29 – It is incumbent upon the President of the Foundation to request eventual approval of amendments to the Statute by the Public Ministry.

 

CHAPTER VI EXTINCTION

Art. 30 – The Foundation may be extinct:

I – By decision of 2/3 (two thirds) of the Deliberative Council and the Board of Trustees;

II – If becoming illicit;

III – If becoming impossible or useless for its purposes;

IV – By judicial decision.

 

Art. 31 – The following are competent to propose the extinction of the Foundation:

I – The President of the Foundation;

II – The absolute majority of the members of the Deliberative Council.

 

Art. 32 – The FMP will be extinct by decision of two thirds of the totality of the members of the Deliberative Council and of the Board of Trustees, in an extraordinary joint meeting specially called for the discussion of this matter, with judgment of the Advisory Council.

 

Art. 33 – The Public Ministry must be notified of all acts related to the Foundation’s extinction procedure, under penalty of nullity.

 

Art. 34 – In the event of the extinction of the Foundation, the remaining assets will be allocated to the Association of the Public Ministry of Rio Grande do Sul.

 

CHAPTER VII GENERAL AND TRANSITIONAL PROVISIONS

Art. 35 – In the event of transference of the Foundation to other states, it is the President’s duty to communicate the local Public Ministry and the Public Ministry of Rio Grande do Sul as necessary.

 

Art. 36 – The election of the President of the FMP, for a three-year term, will be held in the first half of October of the year in which the term ends, and his/her inauguration will occur in the first week of the following November, dates that can be brought forward by determination of the Deliberative Council .

 

Art. 37 – The issues and cases omitted in this Statute will be resolved by decision of the Board of Trustees, ad referendum of the Public Ministry.

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