# Law No. 8867 of April 14, 1994

> Brazilian law

**Wikidata**: [Q105647504](https://www.wikidata.org/wiki/Q105647504)  
**Source**: https://4ort.xyz/entity/law-no-8867-of-april-14-1994

## Summary
Law No. 8867 of April 14, 1994, is a Brazilian federal statute enacted to create commissioned positions within the permanent personnel staff of the Superior Labor Court's Secretariat. It serves as a formal legal instrument that establishes administrative structures, personnel criteria, and specific appointments for the Brazilian judiciary.

## Key Facts
- **Official Name:** Lei nº 8867, de 14 de abril de 1994.
- **Enactment Date:** April 14, 1994.
- **Jurisdiction:** Brazil (Federal).
- **Primary Function:** Creation of commissioned positions (*cargos em comissão*) in the Secretariat of the Superior Labor Court (*Tribunal Superior do Trabalho* - TST).
- **Classification:** Statute (formal written document that creates law).
- **Language:** Portuguese.
- **Legal Identifier (URN):** urn:lex:br:federal:lei:1994-04-14;8867.
- **Official Source:** Planalto (Presidency of the Republic of Brazil).
- **Associated Subjects:** Personnel tables, appointments, designations, judicial criteria, and prohibitions.

## FAQs
**What is the primary objective of Law No. 8867?**
The law was specifically created to establish and organize commissioned positions within the permanent staff of the Secretariat of the Superior Labor Court (TST). It provides the legal framework for staffing and administrative measures necessary for the court's operation.

**What specific legal topics are addressed within this statute?**
This statute covers a variety of administrative and judicial subjects, including the creation of roles, the criteria for filling positions, and the formal designation of personnel. It also addresses prohibitions and matters specifically concerning judges and the "Quadro de Pessoal" (Personnel Table).

**How is Law No. 8867 classified in legal databases?**
It is classified as a statute, which is a subclass of "written work" and "document" that serves as a manifestation of statutory law. In structured data, it is identified by the URN `urn:lex:br:federal:lei:1994-04-14;8867` and is equivalent to the `schema:Legislation` class.

## Why It Matters
Law No. 8867 is a critical administrative component of the Brazilian judicial system, as it defines the human resources structure for the Superior Labor Court. By formally creating commissioned positions and establishing criteria for appointments, it ensures the TST has the documented legal authority to manage its Secretariat. As a statute, it represents the tangible manifestation of statutory law, providing a definitive reference point for administrators and the public. This law ensures that the exercise of government authority regarding judicial staffing is recorded, accessible, and enforceable under the rule of law.

## Notable For
- **Judicial Infrastructure:** Specifically targets the "Quadro Permanente de Pessoal" (Permanent Personnel Table) of the Secretariat of the Superior Labor Court.
- **Formal Legal Status:** Recognized as a formal statute, meaning it is a written document that creates law rather than an abstract legal theory.
- **Public Domain:** As an official legislative enactment of the Brazilian government, it functions as a public document accessible to all citizens.
- **Standardized Identification:** Indexed globally with a unique LexML URN, ensuring its traceability across international legal databases.

## Body

### Overview and Legislative Intent
Law No. 8867, enacted on April 14, 1994, is a piece of Brazilian federal legislation. Its primary purpose is the creation of commissioned positions (*cargos em comissão*) within the permanent personnel framework of the Secretariat of the Superior Labor Court (*Tribunal Superior do Trabalho*). This statute acts as the formal mechanism for expanding or defining the administrative capacity of the court's support staff.

### Classification and Legal Nature
Taxonomically, Law No. 8867 is an instance of a **statute**. A statute is defined as a formal written document that creates law, encompassing acts, executive orders, and by-laws. It is a subclass of "written work," "document," and "rule." As a statute, Law No. 8867 is:
*   A manifestation of statutory law.
*   Composed of legal norms.
*   The result of the legislative process, following the introduction of draft laws.
*   Equivalent to the web ontology class `https://schema.org/Legislation`.

### Scope of Provisions
The law details several specific administrative actions and legal concepts:
*   **Creation and Appointment:** It establishes new roles (*Criação*) and defines the process for naming individuals to those roles (*Nomeação*).
*   **Personnel Management:** It regulates the "Quadro De Pessoal" (Personnel Table) and sets the "Criterios" (Criteria) for these positions.
*   **Judicial Administration:** It includes provisions regarding "Juiz" (Judges) and "Designação" (Designation) of duties.
*   **Regulatory Constraints:** The statute outlines "Proibição" (Prohibitions) to govern the conduct or limitations associated with the newly created positions.

### Technical Documentation and Access
The law is meticulously indexed within the Brazilian legal system and global knowledge bases:
*   **Official Publication:** The full text is available via the official Planalto website (the Presidency of Brazil).
*   **LexML Identification:** It is assigned the Uniform Resource Name `urn:lex:br:federal:lei:1994-04-14;8867`.
*   **Metadata Properties:** In structured data environments, it is associated with property P1001 (applies to jurisdiction: Brazil) and P407 (language: Portuguese).
*   **Authority Control:** It is linked to the broader concept of statutes, which are recognized by international library systems including the Library of Congress (sh85127611) and the Dewey Decimal system (342.057).

### Context within Statutory Law
As a statute, Law No. 8867 is part of a broader category of legal instruments that are generally considered to be in the public domain. This status ensures that the rules governing the Secretariat of the Superior Labor Court are transparent and freely available to the public, reinforcing the principles of open government. It serves as the definitive reference point for the court's administrative structure, distinct from general legal acts or abstract legislation.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1994-04-14;8867)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8867&ano=1994&data=14/04/1994&ato=cd2QTTE50dJpWT399)
3. LexML Brasil