Memorando Devolvendo Servidor Template for Brasil

When you need to return a public servant to their original government agency in Brasil, you must formalize this process through a Memorando Devolvendo Servidor. This official document ensures legal compliance with federal regulations while protecting both the employee's rights and the agencies' administrative obligations under Brazilian public service law.

When do you need this document?

You need a Memorando Devolvendo Servidor whenever a public servant who was temporarily assigned to your agency must return to their original posting. This typically occurs when the assignment period expires, when the specific project or function for which they were borrowed concludes, or when the original agency requests their employee's return. The document is also required when budget constraints necessitate reducing borrowed staff, when the servant requests to return to their home agency, or when administrative restructuring eliminates the need for the assignment. Federal agencies, state governments, municipalities, and public foundations all use this document to maintain proper administrative records and ensure compliance with civil service regulations.

Key legal considerations

The memorandum must clearly reference the original assignment act and provide complete identification of the servant being returned. You must specify the exact reason for the return, whether it's due to assignment completion, budget limitations, administrative needs, or employee request. Include the proposed return date and ensure adequate notice period for administrative transition. The document should acknowledge any ongoing projects or responsibilities that need handover arrangements. Consider the servant's accumulated rights, benefits, and any training or professional development completed during the assignment period. Ensure coordination with human resources departments in both agencies to maintain continuous service records and avoid gaps in employment status or benefits.

Legal requirements in Brasil

Under Lei 8.112/1990, the return process must follow specific administrative procedures to ensure legal validity. The memorandum must be issued by competent authority and include official letterhead, sequential numbering, and proper date formatting. Decreto 9.144/2017 requires coordination between agencies regarding the servant's functional situation and benefit continuity. You must comply with Portaria 357/2019 from the Ministry of Economy, which establishes specific timelines and procedural requirements for federal servant returns. The document must be formally transmitted through official channels and maintain proper administrative records. Both agencies must update their personnel systems to reflect the change in servant allocation. The returning servant must be notified officially and given reasonable time to conclude current responsibilities and arrange personal matters related to the transfer back to their original posting.