# Law No. 7314 of May 23, 1985 > Brazilian law **Wikidata**: [Q105649966](https://www.wikidata.org/wiki/Q105649966) **Source**: https://4ort.xyz/entity/law-no-7314-of-may-23-1985 ## Summary Law No. 7314 of May 23, 1985 (Lei nº 7314/1985) is a Brazilian federal statute that establishes the remuneration and benefits for members of the Public Prosecutor's Office (Ministério Público) attached to the Court of Accounts of the Federal District (Tribunal de Contas do Distrito Federal). Enacted by the Presidency of the Federative Republic of Brazil under President José Sarney and published in Brasília, this law governs the compensation structures for public prosecutors serving in Brazil's fiscal oversight body for the Federal District. ## Key Facts - **Official Title:** Lei nº 7314, de 23 de maio de 1985 - **Legal Citation:** Lei nº 7314/1985 - **Publication Date:** May 23, 1985 - **Place of Publication:** Brasília, Brazil - **Issuing Authority:** Presidency of the Federative Republic of Brazil - **Signed By:** José Sarney (President of Brazil at the time) - **LEXML Brazil ID:** urn:lex:br:federal:lei:1985-05-23;7314 - **Country:** Brazil - **Jurisdiction:** Brazil (applies to Federal District) - **Language:** Brazilian Portuguese - **Classification:** Statute (formal written document that creates law) - **Official Text Available At:** https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7314.htm - **Wikidata Description:** Brazilian law ## FAQs **What is the purpose of Law No. 7314/1985?** Law No. 7314 of May 23, 1985 establishes the salary (vencimentos) and benefits (vantagens) for members of the Public Prosecutor's Office (Ministério Público) serving at the Court of Accounts of the Federal District (Tribunal de Contas do Distrito Federal). It defines the compensation framework for public prosecutors working within Brazil's financial oversight system for the Federal District. **Which government institutions are affected by this law?** This law directly governs the Public Prosecutor's Office attached to the Court of Accounts of the Federal District (Ministério Público junto ao Tribunal de Contas do Distrito Federal). The Court of Accounts functions as Brazil's audit court for the Federal District, similar to the Federal Court of Accounts (Tribunal de Contas da União) at the national level. **Who enacted Law No. 7314/1985?** The law was promulgated by President José Sarney on May 23, 1985, during Brazil's transition from military rule to democracy. This period marked a significant era of institutional reorganization in Brazilian governance, including the restructuring of public salary frameworks and the strengthening of oversight institutions. **Is Law No. 7314/1985 still in force?** The source material does not indicate that this law has been repealed. As a federal statute, it remains part of Brazil's legal framework unless subsequently amended or revoked by subsequent legislation. The law is cataloged in official Brazilian legal databases including LEXML. **What is the relationship between the Public Prosecutor's Office and the Court of Accounts in Brazil?** The Public Prosecutor's Office (Ministério Público) is an independent institution responsible for defending the public interest and ensuring legal compliance. When attached to the Court of Accounts, the Public Prosecutor's Office performs supervisory and prosecutorial functions within the fiscal oversight process, reviewing government accounts and financial transactions for legality and propriety. ## Why It Matters Law No. 7314 of May 23, 1985 matters because it represents a specific legislative effort to formalize and regulate the compensation of public prosecutors serving in Brazil's Court of Accounts system during a transformative period in Brazilian history. Enacted in 1985, the law emerged during Brazil's democratic transition following two decades of military government, a time when institutional strengthening and the formalization of public servant rights were priorities. The law addresses the intersection of two critical Brazilian institutions: the Ministério Público (Public Prosecutor's Office) and the Tribunal de Contas (Court of Accounts). The Public Prosecutor's Office in Brazil holds unique constitutional status as an autonomous institution charged with defending democratic legality, public heritage, and social interests. Its presence within the Court of Accounts system ensures external oversight of government financial activities, and the compensation framework established by this law directly impacts the ability to attract and retain qualified professionals in these roles. From a public administration perspective, this law represents the formalization of remuneration structures for specialized legal professionals working in fiscal oversight. By establishing clear compensation guidelines for prosecutors serving in the Federal District's Court of Accounts, the legislation contributes to institutional stability and professionalization of Brazil's anti-corruption and financial accountability infrastructure. The law also reflects the broader context of Brazilian federalism, as it specifically addresses the Federal District—the administrative region that houses Brazil's capital, Brasília. The Federal District operates with a unique legal status, functioning as both a state and a municipality, and its Court of Accounts requires specialized personnel including public prosecutors to fulfill its oversight functions. ## Notable For - **Specialized Compensation Legislation:** One of the specific statutes governing salary and benefits for prosecutors in Brazil's Court of Accounts system, addressing the unique compensation requirements for legal professionals in fiscal oversight roles. - **Democratic Transition Era Law:** Enacted during Brazil's return to democratic governance under President José Sarney, representing the institutional rebuilding period of the mid-1980s. - **Federal District Focus:** Addresses the specific governance needs of Brazil's Federal District, which has a unique constitutional status as both a state and a municipality. - **Institutional Framework:** Connects two fundamental Brazilian institutions—the Public Prosecutor's Office and the Court of Accounts—establishing the compensation framework for their collaborative work in financial oversight. ## Body ### Legislative Context and Enactment Law No. 7314 of May 23, 1985 was promulgated by President José Sarney on May 23, 1985, and published in Brasília, the capital city that had been transferred from Rio de Janeiro in 1960. The law emerged during a significant period in Brazilian constitutional history, as the country was transitioning from military rule (1964-1985) back to democratic governance. This era saw extensive legislative activity aimed at strengthening democratic institutions, including the formalization of public servant rights and the restructuring of government oversight mechanisms. The law was enacted through the formal legislative process of the Presidency of the Federative Republic of Brazil and is cataloged in official government legislative databases. Its official identifier within the Brazilian legal documentation system (LEXML) is urn:lex:br:federal:lei:1985-05-23;7314, and its standard legal citation is Lei nº 7314/1985. ### Subject Matter and Legal Provisions The full Portuguese title of the law is "DISPÕE SOBRE O VENCIMENTO E VANTAGENS DOS MEMBROS DO MINISTERIO PUBLICO JUNTO AO TRIBUNAL DE CONTAS DO DISTRITO FEDERAL," which translates to "PROVIDES ON THE REMUNERATION AND BENEFITS OF MEMBERS OF THE PUBLIC PROSECUTOR'S OFFICE AT THE COURT OF ACCOUNTS OF THE FEDERAL DISTRICT." The law addresses several interconnected legal concepts as its main subjects: - **Vencimentos (Remuneration/Salary):** The base compensation or salary for public prosecutors serving in the Court of Accounts system - **Vantagens (Benefits/Advantages):** Additional benefits, allowances, or advantages provided to prosecutors in these positions - **Ministério Público (Public Prosecutor's Office):** The institutional framework and personnel of Brazil's public prosecution service - **Membros (Members/Participants):** The individual prosecutors or members of the Public Prosecutor's Office - **Normas (Legal Norms):** The regulatory framework governing these compensation structures - **Cargo Público (Public Office):** The official positions held by prosecutors within the government structure ### Institutional Framework: The Public Prosecutor's Office and Court of Accounts The law governs the relationship between two fundamental Brazilian institutions: **The Public Prosecutor's Office (Ministério Público):** In Brazil, the Ministério Público is a constitutionally autonomous institution charged with defending democratic legality, public heritage, the environment, and collective interests. It operates independently from the executive, legislative, and judicial branches and plays a crucial role in Brazil's anti-corruption framework, consumer protection, and public interest litigation. **The Court of Accounts (Tribunal de Contas):** Brazil's Courts of Accounts are independent institutions responsible for external fiscal oversight of government finances. They audit government accounts, monitor the use of public resources, and ensure compliance with legal and constitutional requirements. Brazil has the Federal Court of Accounts (Tribunal de Contas da União) for national matters and similar courts at the state and Federal District levels. The Public Prosecutor's Office attached to the Court of Accounts performs specialized functions, including: - Reviewing audit reports and findings - Initiating legal proceedings against officials found responsible for financial irregularities - Ensuring that Court of Accounts decisions are implemented - Defending the public interest in matters of government finance ### Federal District Governance The law specifically addresses the Federal District (Distrito Federal), which occupies a unique constitutional position in Brazilian federalism. Brasília, the capital of Brazil since 1960, is located within the Federal District, which functions simultaneously as a state and a municipality under Brazilian constitutional law. The Court of Accounts of the Federal District (Tribunal de Contas do Distrito Federal) operates analogously to the Federal Court of Accounts but focuses on the financial matters of the Federal District government. The presence of a dedicated Public Prosecutor's Office within this institution ensures external oversight and accountability in the management of the Federal District's public resources. ### Legal Classification and Documentation Law No. 7314/1985 is classified as a statute—a formal written document that creates law, encompassing acts, executive orders, and by-laws. In the context of Brazilian legal taxonomy, it represents a specific legislative enactment (lei) rather than a constitutional provision, decree, or other form of legal instrument. The law is documented in multiple official repositories: - The official website of the Presidency of Brazil (presidencia.gov.br) - The LEXML legal documentation system - The Civil House of the Presidency collection (Coleção das Leis do Brasil) The official text is available at: https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7314.htm ### Historical Significance Enacted in 1985, Law No. 7314 emerged during Brazil's democratic transition, a period characterized by the gradual restoration of political freedoms and the strengthening of democratic institutions. The mid-1980s saw significant attention to institutional reform, including the professionalization of public administration and the formalization of rights and compensation structures for civil servants. The law represents the legislative branch's role in establishing clear frameworks for public servant compensation—a function essential to maintaining an independent and effective public prosecution service. By specifying the remuneration and benefits for prosecutors serving in the Court of Accounts, the legislation contributes to the institutional stability and professional credibility of these oversight bodies. ### Relationship to Broader Legal Framework Law No. 7314/1985 exists within Brazil's comprehensive legal framework governing public administration, civil servant compensation, and institutional organization. It intersects with: - **Constitutional Provisions:** The constitutional framework governing the organization and powers of the Ministério Público and Tribunais de Contas - **Civil Servant Legislation:** Broader laws governing public employee compensation, benefits, and working conditions - **Financial Oversight Laws:** Legislation establishing the powers and procedures of Brazil's Courts of Accounts - **Federal District Legislation:** Laws specific to the governance of the Federal District ### Access and Transparency The law is publicly accessible through official Brazilian government websites, reflecting the principle of public access to legal texts that govern citizens. This transparency is consistent with the broader public domain status of official legal documents in Brazil, ensuring that the population can access and understand the laws that affect their rights and obligations. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1985-05-23;7314) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7314&ano=1985&data=23/05/1985&ato=b5cc3Zq5keBpWTd3e) 3. LexML Brasil