# Law No. 10120 of December 21, 2000 > Brazilian law **Wikidata**: [Q105647838](https://www.wikidata.org/wiki/Q105647838) **Source**: https://4ort.xyz/entity/law-no-10120-of-december-21-2000 ## Key Facts - **Official Title:** Lei nº 10120, de 21 de dezembro de 2000 - **Date of Publication:** December 21, 2000 - **Enacting Authority:** Presidency of the Federative Republic of Brazil - **Promulgating Official:** Fernando Henrique Cardoso (President at time of promulgation) - **Jurisdiction:** Brazil - **Language:** Brazilian Portuguese - **Legal Classification:** Statute - **Primary Subjects:** Supplementary Credit (Credito Suplementar), Federal Government of Brazil (União Federal), Investment Budget (Orçamento De Investimento), Public Enterprise (Empresa Publica), Designation/Allocation (Destinação) - **LexML Brazil ID:** urn:lex:br:federal:lei:2000-12-21;10120 - **Legal Citation:** Lei nº 10120/2000 - **Place of Publication:** Brasília - **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l10120.htm - **WikiProject Affiliation:** WikiProject Brazilian Laws - **Determination Method:** Promulgation ## FAQs **What is the legal status and classification of Law No. 10120/2000?** Law No. 10120/2000 is classified as a statute (statute), which is a formal written document that creates law. It functions as a manifestation of statutory law and was enacted through the process of promulgation by the Brazilian presidency. **Who approved and promulgated this law?** The law was approved by the Presidency of the Federative Republic of Brazil and specifically promulgated by President Fernando Henrique Cardoso on December 21, 2000, in Brasília. **What are the main subjects covered by this law?** The law addresses five primary subjects: Supplementary Credit (Credito Suplementar), the Federal Government of Brazil (União Federal), Investment Budget (Orçamento De Investimento), Public Enterprise (Empresa Publica), and Designation/Allocation (Destinação). **Where can the full text of this law be accessed?** The full text is available in Brazilian Portuguese at the official Planalto government portal at https://www.planalto.gov.br/ccivil_03/leis/l10120.htm and can also be referenced through the LexML system using the identifier urn:lex:br:federal:lei:2000-12-21;10120. **What jurisdiction does this law apply to?** This federal law applies to the entire jurisdiction of Brazil and was published in Brasília, the federal capital. ## Why It Matters Law No. 10120 of December 21, 2000 represents a critical instrument of Brazilian federal budgetary management, specifically addressing the allocation of supplementary credits to the federal government and public enterprises. This statute matters because it demonstrates the formal legal mechanism through which Brazil adjusts its financial planning and investment budgets outside of the regular annual budget cycle. Supplementary credits are essential governmental tools that allow for reallocation or additional funding when unforeseen circumstances or new priorities emerge during a fiscal year. The law's focus on public enterprises (Empresa Publica) and investment budgets (Orçamento De Investimento) indicates its role in facilitating government-owned company operations and capital expenditure projects. Such statutes are foundational to public administration as they provide the legal authority for spending public funds and modifying financial commitments. As a promulgated statute under President Fernando Henrique Cardoso's administration, it also reflects the budgetary policies and fiscal management approaches characteristic of that period in Brazilian governance (1995-2002). From a legal infrastructure perspective, this law exemplifies how Brazilian statutory law is systematically documented, indexed, and made accessible through systems like LexML and the Planalto portal. Its inclusion in WikiProject Brazilian Laws further indicates its recognition within organized efforts to catalog and analyze Brazilian legal instruments. ## Notable For - **Budgetary Authority:** Specifically addresses supplementary credit allocations, a specialized financial mechanism for adjusting government budgets - **Public Enterprise Focus:** Explicitly encompasses public enterprises (Empresa Publica) within its regulatory scope - **Cardoso Era Legislation:** Enacted during the presidency of Fernando Henrique Cardoso (1995-2002), a significant period of Brazilian economic reform - **LexML Integration:** Assigned a structured URN identifier (urn:lex:br:federal:lei:2000-12-21;10120) within Brazil's official legal document system - **Multi-Subject Scope:** Addresses five distinct but interrelated subjects: supplementary credit, federal government operations, investment budgets, public enterprises, and financial designations - **Formal Promulgation:** Enacted through the formal determination method of promulgation by the Brazilian presidency - **Official Digital Availability:** Fully accessible through the Brazilian government's official Planalto portal ## Body ### Legal Classification and Definition Law No. 10120 of December 21, 2000 is formally classified as a **statute**—a formal written document that creates law. As a legal term and concept, it represents a manifestation of statutory law and functions as a concrete expression of legal rules. Statutes in the Brazilian legal system are formal documents enacted by the legislature or, in certain cases, by the executive branch with legislative authorization. This law serves as the official record of legal rules enacted by the Brazilian federal government. The law is structurally composed of legal norms and constitutes a part of the broader concepts of law and legal acts. Its creation followed the standard legislative process and was formally enacted through promulgation, which is the official act of proclaiming or announcing a law. ### Enactment and Promulgation The statute was **approved by the Presidency of the Federative Republic of Brazil** and formally promulgated by **President Fernando Henrique Cardoso** on December 21, 2000. The promulgation occurred in **Brasília**, the federal capital of Brazil. Fernando Henrique Cardoso served as the 34th president of Brazil from January 1, 1995, to January 1, 2003, and this law represents one of numerous legislative acts enacted during his two-term administration. The determination method for this law was explicitly recorded as "promulgation," distinguishing it from other forms of legal enactment. The publication date of December 21, 2000, places this statute near the end of Cardoso's second term and during a period of significant economic policy development in Brazil, including fiscal responsibility measures. ### Subject Matter and Scope The law addresses five interconnected main subjects, each with specific stated designations in Brazilian Portuguese: **1. Supplementary Credit (Credito Suplementar):** This refers to additional budgetary allocations that supplement existing appropriations. Supplementary credits are a standard mechanism in public financial management that allow governments to increase authorized spending limits when additional resources become available or when reallocations from other budget categories are necessary. **2. Federal Government of Brazil (União Federal):** The law applies to the federal level of government, distinct from state and municipal jurisdictions. Brazil operates as a federal republic with three levels of government, and this statute specifically governs federal financial matters. **3. Investment Budget (Orçamento De Investimento):** This subject area covers the investment expenditure component of government budgeting, distinct from operational and personnel costs. Investment budgets typically fund capital projects, infrastructure, and long-term assets. **4. Public Enterprise (Empresa Publica):** The law encompasses public enterprises—government-owned corporations or entities that operate in commercial activities. Brazil has numerous public enterprises across sectors including energy, banking, and infrastructure. **5. Designation/Allocation (Destinação):** This refers to the designation or allocation of resources, indicating the law's role in specifying how funds should be directed or assigned. ### Jurisdiction and Applicability The statute applies to the entire jurisdiction of **Brazil**, the largest country in South America and fifth-largest nation globally by area. Brazil operates as a federal republic with Portuguese as its official language, specifically **Brazilian Portuguese** in the context of this legal document. Brazil's legal system is civil law based, with statutes (leis) serving as primary sources of law. Federal laws like Lei nº 10120/2000 apply uniformly across all 26 states and the Federal District (Distrito Federal) where Brasília is located. The country's current constitution, promulgated on October 5, 1988, establishes the framework within which such statutes operate. ### Official Identification and Access The law carries several official identifiers and access points: **LexML Brazil Identifier:** urn:lex:br:federal:lei:2000-12-21;10120 — This Uniform Resource Name follows the LexML standard, which is Brazil's official system for identifying and exchanging legal documents electronically. LexML (Legal XML) is a project aimed at creating standards for the representation of legal documents in Brazil. **Legal Citation:** Lei nº 10120/2000 — This is the standard citation format used in Brazilian legal practice. **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l10120.htm — The full text is available through the Planalto government portal, which serves as the official repository for Brazilian federal legislation. The Civil House (Casa Civil) of the Presidency maintains this digital archive. ### Context Within Brazilian Legal Framework Brazil's legislative system operates through the National Congress of Brazil (National Congress of Brazil), consisting of the Federal Senate and Chamber of Deputies. Federal laws follow a numbering system that typically includes the law number and year of enactment. Law No. 10120 falls within the sequence of laws enacted in the year 2000. The statute exists within Brazil's broader legal infrastructure that includes: - The Constitution of Brazil (effective October 5, 1988) as the supreme law - Complementary laws (leis complementares) for specific constitutional matters - Ordinary laws (leis ordinárias) for general legislation - Provisional measures (medidas provisórias) as executive decrees with force of law - Delegated laws (leis delegadas) enacted by the president under congressional delegation ### Relationship to Statutory Law Principles As a statute, Law No. 10120/2000 embodies the fundamental characteristics of statutory law as defined in legal theory. Statutes are formal written documents that create law, distinct from: - Common law (judge-made law) - Constitutional provisions - Administrative regulations - Customary law The law demonstrates the standard attributes of statutory instruments: it is formally enacted, publicly promulgated, systematically recorded, and made accessible to the public. In jurisdictions like the United States and France, statutes are considered public domain documents under doctrines such as the "edict of government doctrine," ensuring public access to legal texts. While this specific principle is noted for U.S. and French law, Brazil similarly maintains public access to legislation through official government portals. ### Historical and Political Context The enactment of Law No. 10120/2000 occurred during the presidency of Fernando Henrique Cardoso, a period marked by significant economic reforms in Brazil. Cardoso's administration (1995-2003) was characterized by: - Implementation of the Real Plan (Plano Real) that stabilized Brazil's currency - Privatization of state-owned enterprises - Fiscal responsibility legislation - Inflation control measures The focus on supplementary credits and investment budgets in this law aligns with the broader fiscal management priorities of this era. The law represents one component of the extensive body of legislation enacted during a period of economic transformation in Brazil. ### WikiProject Documentation Law No. 10120/2000 is included in **WikiProject Brazilian Laws**, an organized effort to document, analyze, and structure information about Brazilian legal instruments within collaborative knowledge systems. This inclusion indicates the law's recognition within systematic attempts to catalog Brazilian legislation and make it accessible through structured data formats. The WikiProject context suggests ongoing efforts to improve coverage and organization of Brazilian legal information in knowledge bases. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:2000-12-21;10120) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=10120&ano=2000&data=21/12/2000&ato=e88ATQq1EMNpWT576)