# Law No. 8797 of December 21, 1993 > Brazilian law **Wikidata**: [Q105647450](https://www.wikidata.org/wiki/Q105647450) **Source**: https://4ort.xyz/entity/law-no-8797-of-december-21-1993 ## Summary Law No. 8797 of December 21, 1993 (Lei nº 8797/1993) is a Brazilian federal statute that authorizes the opening of supplementary credit for the Federal Government of Brazil. Promulgated by President Itamar Franco on behalf of the Presidency of the Federative Republic of Brazil, this law represents a fiscal budget authorization measure that enables the executive branch to reinforce budgetary allocations for specific government functions. The law was published in Brasília on December 21, 1993, and operates within the Brazilian legal framework governing fiscal budgets and public expenditure. ## Key Facts - **Official Title:** Lei nº 8797, de 21 de dezembro de 1993 - **Legal Citation:** Lei nº 8797/1993 - **Country of Origin:** Brazil - **Promulgation Date:** December 21, 1993 - **Promulgating Authority:** Presidency of the Federative Republic of Brazil - **President at Time:** Itamar Franco - **Place of Publication:** Brasília, Brazil - **Language:** Brazilian Portuguese - **Instance Of:** Statute (formal written document that creates law) - **Applies To Jurisdiction:** Brazil - **LEXML Brazil Identifier:** urn:lex:br:federal:lei:1993-12-21;8797 - **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8797.htm - **Primary Subject Matter:** Supplementary credit authorization, fiscal budget reinforcement, budget appropriation - **Governing Branch:** Executive branch (Executivo) - **Related Concepts:** Credit Suplementar (Supplementary Credit), Abertura De Credito (Opening of Credit), Dotação Orçamentaria (Budget Appropriation), Orçamento Fiscal (Fiscal Budget) ## FAQs **What is Law No. 8797/1993?** Law No. 8797 of December 21, 1993 is a Brazilian federal law that authorizes the opening of supplementary credit for the Federal Government of Brazil. It represents a fiscal authorization measure that allows the executive branch to reinforce or supplement existing budgetary allocations for government operations and functions. **Who promulgated Law No. 8797/1993?** The law was promulgated by President Itamar Franco on December 21, 1993, during his tenure as President of the Federative Republic of Brazil. Itamar Franco served as President from 1992 to 1994, assuming office after the resignation of Fernando Collor de Mello. **What is the purpose of supplementary credit authorization in Brazilian law?** Supplementary credit authorization, such as that provided by Law No. 8797/1993, allows the Brazilian federal government to reinforce or supplement existing budget allocations. This mechanism enables the executive branch to address funding shortfalls or additional financial needs that arise during the fiscal year beyond the originally approved budget provisions. **Where can Law No. 8797/1993 be accessed?** The full text of Law No. 8797/1993 is available through the official Brazilian government legislation portal at https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8797.htm, and through the LEXML legal database under the identifier urn:lex:br:federal:lei:1993-12-21;8797. **What is the relationship between Law No. 8797/1993 and the Brazilian budget system?** This law operates within Brazil's fiscal budget framework, specifically addressing the Orçamento Fiscal (Fiscal Budget). It relates to the concepts of budget appropriation (Dotação Orçamentaria) and the opening of credit (Abertura De Credito), which are fundamental mechanisms in Brazilian public financial management that allow for the reallocation or supplementation of government funds. ## Why It Matters Law No. 8797/1993 matters because it represents a critical mechanism in Brazilian fiscal governance—the authorization of supplementary credit for the federal government. In the context of public budgeting, supplementary credit laws are essential tools that allow governments to respond to changing fiscal circumstances, address unforeseen expenses, or reallocate resources to priority areas. Without such authorization mechanisms, federal agencies would be constrained by their initially approved budgets, potentially hindering effective governance and public service delivery. This law exemplifies the relationship between the legislative and executive branches in Brazil's system of checks and balances regarding public finances. While the executive branch proposes and administers the budget, the legislative branch (through laws like this one) provides the necessary authorization for financial operations. This particular law, enacted during President Itamar Franco's administration in 1993, reflects a period of significant economic adjustment in Brazil following the implementation of the Real Plan in 1994. The existence of laws like Lei nº 8797/1993 also demonstrates Brazil's commitment to maintaining transparent and legally structured public financial management. By codifying supplementary credit authorizations as formal statutes, the Brazilian legal system ensures that fiscal decisions are documented, traceable, and subject to public oversight—a fundamental principle of democratic governance. ## Notable For - **Fiscal Authorization Mechanism:** Represents a specific type of Brazilian legislation that enables supplementary budget credits for federal government operations. - **Historical Context:** Enacted during Itamar Franco's presidency (1992-1994), a transitional period in Brazilian politics following the Collor impeachment. - **Legal Classification:** Classified as a statute—a formal written document that creates law—within the Brazilian legal system. - **Official Documentation:** Maintains formal identification through LEXML Brazil database and official government publication channels. - **Part of Broader Legal Framework:** Connects to related concepts including budget appropriation, fiscal budgets, and executive branch financial authority. ## Body ### Legislative Context and Legal Framework Law No. 8797/1993 exists within Brazil's comprehensive system of fiscal legislation that governs how the federal government manages its budget and public resources. The Brazilian Constitution of 1988 establishes the framework for budgetary processes, requiring legislative authorization for various fiscal operations. Laws authorizing supplementary credits represent one of several mechanisms through which the executive branch can access additional funds beyond the originally approved annual budget (Lei Orçamentária Anual - LOA). The law's classification as a statute places it within the category of formal written documents that create law, encompassing acts, executive orders, and by-laws. This classification is consistent with how Brazilian federal laws are organized in legal databases and knowledge systems. The statute was created through the legislative process and represents the formal expression of legal rules enacted by the Brazilian government. ### Institutional Structure and Authority The law was promulgated by the Presidency of the Federative Republic of Brazil, with President Itamar Franco signing the legislation on December 21, 1993. At that time, Brazil was operating under its 1988 Constitution, which established the current federal republic structure. The executive branch, through the Presidency, holds the authority to propose and administer budget matters, while the National Congress (comprising the Federal Senate and Chamber of Deputies) must authorize significant fiscal measures. The law specifically addresses the União Federal (Federal Government of Brazil), which encompasses all federal government entities, ministries, and agencies. This broad applicability means the supplementary credit authorization affects multiple areas of federal government operations, from social programs to infrastructure and administrative functions. ### Subject Matter and Legal Concepts Law No. 8797/1993 addresses several interconnected legal and fiscal concepts within Brazilian public administration: The primary subject matter involves Credit Suplementar (Supplementary Credit), which refers to additional authorization for government spending beyond the originally budgeted amounts. This mechanism allows federal agencies to receive supplemental funding when original allocations prove insufficient. The law also deals with Abertura De Credito (Opening of Credit), which is the formal process through which the government creates new budget credits. This can involve either opening new spending authorizations or reinforcing existing ones. Dotação Orçamentaria (Budget Appropriation) represents the specific allocation of funds within the federal budget for particular purposes. The law relates to how these appropriations can be modified or supplemented. The concept of Reforço (Reinforcement) specifically refers to strengthening or increasing existing budget allocations, which is the core function of this particular legislation. Orçamento Fiscal (Fiscal Budget) encompasses the overall federal government budget, including revenues, expenditures, and financial operations of the central government. ### Publication and Legal Documentation The law was officially published in Brasília, the capital of Brazil, on December 21, 1993. Official publication in Brasília is a standard requirement for federal legislation, ensuring proper dissemination and legal effect throughout the national territory. The official text is available through multiple authoritative sources. The primary official source is the Presidency's legislation portal (legislacao.presidencia.gov.br), which maintains the complete text of federal laws. Additionally, the law is catalogued in the LEXML system, which is Brazil's primary legal information system, assigned the identifier urn:lex:br:federal:lei:1993-12-21;8797. The official government website hosting the law is planalto.gov.br, the official portal of the Presidency of the Federative Republic of Brazil. This ensures public access to the legal text, supporting transparency in government operations. ### Language and Jurisdiction The law is written in Brazilian Portuguese, which is the official language of Brazil. Legal documents in Brazil are drafted and published in Portuguese, reflecting the country's linguistic identity and legal tradition rooted in the Portuguese legal system. The law applies to the jurisdiction of Brazil, functioning as federal legislation that binds throughout the national territory. As a federal law, it supersedes state and municipal legislation in conflict matters, in accordance with Brazil's federal structure established by the 1988 Constitution. ### Relationship to Broader Legal Knowledge Within broader legal knowledge systems, Law No. 8797/1993 connects to the concept of statute as a formal written document that creates law. This classification places it within the taxonomy of legal instruments that includes acts, executive orders, and by-laws. The law also relates to the concept of statutory law—the body of law created through legislation as opposed to judicial decisions or administrative regulations. Statutes like this one form the foundation of Brazilian positive law, establishing the formal rules by which society is governed. In knowledge organization systems, statutes are typically classified as subclasses of "written work," "document," and "rule," reflecting their dual nature as both formal written artifacts and normative instruments. The law's inclusion in databases like LEXML and its assignment of formal identifiers demonstrates how Brazilian legislation is integrated into broader legal information infrastructures. ### Historical Significance Enacted in 1993, Law No. 8797/1993 reflects the economic and political context of Brazil during the early 1990s. This period was characterized by significant economic challenges, including hyperinflation that would eventually be addressed by the Real Plan implemented in 1994 under the same administration. The need for supplementary credit authorization during this period demonstrates the ongoing challenges of fiscal management in Brazil's complex economic environment. The law also represents a period of political transition in Brazil. President Itamar Franco assumed office in 1992 following the resignation of Fernando Collor de Mello, who was impeached on charges of corruption. This context underscores the importance of institutional continuity in government operations, including the passage of routine but necessary fiscal legislation. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1993-12-21;8797) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8797&ano=1993&data=21/12/1993&ato=6c9UTR65ENFpWT592)