# Law No. 8730 of November 10, 1993

> Brazilian law

**Wikidata**: [Q105647417](https://www.wikidata.org/wiki/Q105647417)  
**Source**: https://4ort.xyz/entity/law-no-8730-of-november-10-1993

## Summary
**Law No. 8730 of November 10, 1993** (Lei nº 8.730/1993) is a Brazilian federal statute that establishes norms regarding public offices, time limits, and the presentation of data for members of the Executive, Judiciary, and Legislative branches. Promulgated by President Itamar Franco in Brasília, it specifically regulates the obligations and competencies involving the Federal Public Prosecutor's Office, the Federal Court of Accounts, and other government entities. The law serves as a formal written manifestation of statutory law within the Federative Republic of Brazil.

## Key Facts
- **Official Title:** Lei nº 8.730, de 10 de novembro de 1993
- **Classification:** Instance of a Statute (formal written document creating law).
- **Date of Promulgation:** November 10, 1993.
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil (Itamar Franco).
- **Place of Publication:** Brasília, Brazil.
- **Jurisdiction:** Federative Republic of Brazil (Applies to Federal District, States, and Municipalities).
- **Language:** Brazilian Portuguese.
- **Legal Citation:** Lei nº 8730/1993.
- **LexML URN:** `urn:lex:br:federal:lei:1993-11-10;8730`
- **Primary Subjects:** Public Office (Cargo Efetivo), Civil Servants (Servidor), Assets (Bens), Time Limits (Prazo), Competencies (Competencia), and Penalties (Penalidade).
- **Targeted Bodies:** Executive Branch, Judiciary, Federal Public Prosecutor's Office (Ministério Público da União), and Federal Court of Accounts (Tribunal de Contas da União).
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/l8730.htm`.

## FAQs
**What is the scope of Law No. 8.730/1993?**
The law applies broadly across the Brazilian government structure, specifically targeting the Executive branch, the Judiciary, and the Federal Public Prosecutor's Office. It also extends to the Federal Court of Accounts and defines obligations for civil servants and members of these bodies.

**Who approved and enacted this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Itamar Franco on November 10, 1993.

**What specific obligations does the law regulate?**
It regulates the "presentation" and "use" of data regarding "goods" (assets) and "effective positions" (Cargo Efetivo). It sets criteria and time limits (Prazo) for compliance and establishes penalties (Penalidade) for infractions related to these obligations.

**How is this law classified within the legal system?**
It is classified as a "statute," which is a formal written document that creates law. In the context of web ontology, it is equivalent to the `schema.org/Legislation` class and functions as a manifestation of statutory law in Brazil.

## Why It Matters
Law No. 8.730/1993 matters because it standardizes administrative procedures and obligations across disparate branches of the Brazilian government. By defining specific criteria for "effective positions" (Cargo Efetivo) and the mandatory "presentation" of asset information (Bens) by public servants and ministers, the law enforces transparency and regulatory compliance. It bridges the administrative oversight of the Federal Court of Accounts (Tribunal de Contas da União) with the operational realities of the Executive, Judiciary, and the Federal Public Prosecutor's Office. Furthermore, it establishes clear consequences for infractions, ensuring that the defined time limits and competencies are legally enforceable rather than merely advisory. As a statute, it represents the tangible manifestation of statutory law that governs public administration in Brazil.

## Notable For
- **Cross-Branch Regulation:** Distinctive for simultaneously addressing the competencies and obligations of the Executive, Judiciary, and Federal Public Prosecutor's Office.
- **Administrative Transparency:** Specifically focuses on the declaration and presentation of "goods" (Bens) and "effective positions" (Cargo Efetivo), crucial for anti-corruption and administrative oversight.
- **Oversight Integration:** Explicitly involves the Federal Court of Accounts (Tribunal de Contas da União) in its subject matter, linking internal administrative acts to external fiscal control.
- **Historical Context:** Enacted during the presidency of Itamar Franco, a period of significant political and economic transition in Brazil.
- **Digital Identification:** Uniquely identified by the LexML URN `urn:lex:br:federal:lei:1993-11-10;8730`, integrating it into the Brazilian legal semantic web.

## Body

### Definition and Legal Classification
Law No. 8.730, enacted on November 10, 1993, is a **statute**—a formal written document that creates law within the Brazilian legal system. As a subclass of "written work" and "rule," it functions as the manifestation of statutory law. It is composed of legal norms and serves as the official record of rules enacted by the government authority. The text is legally cited as *Lei nº 8730/1993* and is written in **Brazilian Portuguese**. It is cataloged under the identifier `urn:lex:br:federal:lei:1993-11-10;8730` in the LexML Brazil network.

### Legislative Origin and Promulgation
The law was created through the legislative process of the **Federative Republic of Brazil** and approved by the **Presidency of the Federative Republic**.
- **Promulgation:** It was promulgated on **November 10, 1993**, by **Itamar Franco**, who served as the President of Brazil (1992–1994).
- **Place of Publication:** The law was published in **Brasília**, the federal capital of Brazil since 1960.
- **Context:** The enactment occurred during the post-military dictatorship period (Redemocratization), following the 1988 Constitution, under the administration of Itamar Franco.

### Subject Matter and Scope
The law addresses a comprehensive range of administrative and legal concepts organized into specific areas of governance. It establishes the definitions, competencies, and limitations for public roles.

**Institutions and Jurisdiction:**
The law applies to the **Federal District (Distrito Federal)**, the **States (Estados)**, and **Municipalities (Municípios)**. It explicitly governs members and activities within:
- **Executive Branch (Executivo):** Including the President of the Republic and Ministers of State.
- **Judiciary (Judiciario).**
- **Federal Public Prosecutor's Office (Ministério Público da União).**
- **Federal Court of Accounts (Tribunal de Contas da União - TCU).**

**Regulated Concepts:**
The statute defines and regulates the following key concepts:
- **Public Service:** It regulates "Cargo Efetivo" (Permanent Position), "Cargo Publico" (Public Office), and "Servidor" (Civil Servant).
- **Assets and Presentation:** It sets rules regarding "Bens" (Goods/Assets) and their "Apresentação" (Presentation).
- **Compliance:** It defines "Exigencia" (Obligation), "Prazo" (Time Limit), "Infração" (Transgression), and "Penalidade" (Penalty/Fine).

### Geopolitical Context: Brazil
As a federal law, its jurisdiction covers **Brazil**, the largest country in South America.
- **Government Structure:** Brazil is a Federal Republic with a presidential system. The law operates within the framework of the **Constitution of Brazil** (effective October 5, 1988).
- **Administrative Divisions:** The law's application spans the country's 26 states, the Federal District (Brasília), and over 5,500 municipalities.
- **Economic Context:** Enacted in 1993, the law precedes the implementation of the **Brazilian Real** (currency), which was introduced in July 1994 during the same administration under the Real Plan.

### Access and Identifiers
The full text of Law No. 8.730 is accessible to the public in the public domain, consistent with the "edict of government doctrine" where statutes are not subject to copyright.
- **Web URL:** The official text is hosted by the Presidency of the Republic at `https://www.planalto.gov.br/ccivil_03/leis/l8730.htm`.
- **Wikimedia Project:** The entity is on the focus list of **WikiProject Brazilian Laws**, indicating its relevance for structured data curation.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1993-11-10;8730)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8730&ano=1993&data=10/11/1993&ato=219ITUq5ENFpWTda5)