Many documents are necessary to establish an employment bond between a company and an individual. The Anotação de Responsabilidade Técnica is a very specific document that is only required for professionals working in the engineering, architecture and agronomy sectors.
The execution of work or the service provision referent to the sectors of engineering, architecture and agronomy that are requested by a written or verbal agreement are subjected to Anotação de Responsabilidade Técnica. Most known as ART, the Technical Term of Responsibilityhas as main function highlight and define the technicals responsible by engineering, architecture or agronomy projects.
What is ART?
ART was created by the Federal Council of Engineering, Architecture and Agronomy, but the monitoring, control and registration of ARTs is performed regionally by CREAs (Regional Councils of Engineering, Architecture and Agronomy).
The professional or the contractor company is responsible to done the ART and subject it to the CREA in which the projects will be develop. The absence of ARTcan lead to fines and create complications for the company, the professional and the development of the project.
Since the ART must be register in Regional Councils, the rules for its registry can vary from CREA to CREA. To present an overview of the registry process and ART acquisition, this article will present on how both processes are conducted according to the regulations and requirements of CREA-SP (São Paulo).
Making a Technical Term of Responsibility
The ART must be done right after the signature of the Agreement and before the starting of projects or the development of technical activities by the professional. In the past, for projects that involved a lot of individuals, each one of the participants was obliged to register their own ART, informing their respective actuation area.
Nowadays, the CREA-SP accepts not only individuals ARTs, as one ART per project, which means that only one ART can be delivered for a project involving many individuals. In this case, information about all participants and their responsibilities are informed in only one single ART. The CREA-SP also launched the new ART in their system, which is electronically filed and issued. The filing of the ARTs can be done on the CREA-SP webpage in three different models:
ART - Múltipla
ART - Múltipla is the type of ART that replaces the register of multiple ARTs for the cases of routine execution of projects or provision of services. This ART must be registered until the last business day of the month in which the agreement was signed or in which the technical activities were developed.
ART - Desempenho de Cargo ou Função
ART - Desempenho de Cargo ou Função must be registered after the signature of the agreement or after the publication of the administrative act of appointment or designation. This ART is related to the contractual relationship between the professional and the company for the performance of a job or technical function, according to what was established in the employment agreement, articles of association and/or career and salary plan.
ART - Obra ou Serviço
ART - Obra ou Serviço is turned to the execution of projects or the provision of service derived from a single agreement, it must be registered before the start of the technical activity, according to the information in the agreement signed between the parties.