# Law No. 8939 of November 25, 1994 > Brazilian law **Wikidata**: [Q105649781](https://www.wikidata.org/wiki/Q105649781) **Source**: https://4ort.xyz/entity/law-no-8939-of-november-25-1994 ## Summary Law No. 8939 of November 25, 1994 is a Brazilian statute promulgated by President Itamar Franco, serving as a formal written document that creates law regarding government financial operations. It focuses on authorizing the opening of extraordinary credit and managing the distribution of the Social Security budget within the Brazilian federal government. As a legal text, it is classified as a public domain document and falls under the jurisdiction of the Federative Republic of Brazil. ## Key Facts - **Official Title:** Lei nº 8939, de 25 de novembro de 1994 - **Legal Citation:** Lei nº 8939/1994 - **Date of Publication:** November 25, 1994 - **Classification:** Instance of a statute (formal written document that creates law) - **Approving Authority:** Presidency of the Federative Republic of Brazil - **Approving President:** Itamar Franco - **Determination Method:** Promulgation - **Place of Publication:** Brasília, Brazil - **Jurisdiction:** Brazil - **Language:** Brazilian Portuguese - **Main Subjects:** Authorization, Executive branch, Federal Government of Brazil (União Federal), Government program (Programa), End/Destination (Destinação), Social Security Budget (Orçamento Da Seguridade Social), Product distribution (Distribuição), Opening of credit (Abertura De Credito), Extraordinary credit (Credito Extraordinario) - **Lexml Brazil ID:** urn:lex:br:federal:lei:1994-11-25;8939 - **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8939.htm - **WikiProject:** WikiProject Brazilian Laws ## FAQs **Who approved Law No. 8939?** The law was approved by the Presidency of the Federative Republic of Brazil. It was promulgated on November 25, 1994, by President Itamar Franco during his term as the head of the executive branch. **What are the primary financial subjects covered by this law?** The law primarily addresses government programs involving the authorization of funds. It specifically covers the opening of credit (Abertura De Credito), extraordinary credit (Credito Extraordinario), and the distribution and destination of the Social Security budget (Orçamento Da Seguridade Social). **Where does this law apply and in what language is it written?** Law No. 8939 applies to the jurisdiction of Brazil, the largest country in South America. It was officially published in the capital city, Brasília, and is written in the country's official language, Brazilian Portuguese. **Is this document copyrighted?** No, as a statute, Law No. 8939 is considered a public domain document. Following the edict of government doctrine, official legal documents enacted by the government are not subject to copyright, ensuring public accessibility. ## Why It Matters Law No. 8939 matters because it provides the necessary legal authorization for the Brazilian federal government to execute financial maneuvers, specifically the opening of extraordinary credits and the allocation of Social Security funds. Enacted during the presidency of Itamar Franco, a period that included the implementation of the Real Plan, this statute represents the formal mechanism through which the executive branch secured budgetary flexibility. As a statute, it serves as the tangible manifestation of statutory law, recording the specific "Abertura De Credito" and "Destinação" of resources required for government operations. Its existence underscores the structured, written nature of Brazilian governance, where financial allocations must be formally documented and enacted as statutes to be valid, ensuring transparency and legal enforceability in public spending. ## Notable For - **Presidential Context:** Enacted under President Itamar Franco in 1994, the same year the Brazilian real (BRL) was introduced as the new currency. - **Specific Financial Focus:** Distinctly addresses "Credito Extraordinario" (Extraordinary Credit), a specific financial mechanism for unforeseen and urgent expenses. - **Social Security Allocation:** Notable for its specific regulation of the "Orçamento Da Seguridade Social" (Social Security Budget), a critical component of Brazil's federal budget. - **Lexml Integration:** Features a standardized Lexml Brazil ID (`urn:lex:br:federal:lei:1994-11-25;8939`), facilitating its integration into digital legal knowledge systems. - **WikiProject Scope:** Included in the scope of the "WikiProject Brazilian Laws," indicating its significance in the cataloging of Brazilian legal history. ## Body ### Definition and Legal Classification Law No. 8939 is classified as a **statute**, a legal term defined as a formal written document that creates law. Statutes function as the manifestation of statutory law and are taxonomically classified as a subclass of "written work," "document," and "rule." This specific law acts as a concrete expression of legal rules enacted by the Brazilian government. Like other statutes in jurisdictions such as the United States and France, Law No. 8939 is in the public domain. This status is dictated by the edict of government doctrine, which establishes that official legal documents, including legislative enactments, are not copyrightable to ensure the public has unrestrained access to the laws governing them. ### Legislative Enactment and Executive Authority The law was promulgated on **November 25, 1994**, by the **Presidency of the Federative Republic of Brazil**. The determination method for this approval was promulgation, with **Itamar Franco** serving as the President at the time. Itamar Franco served as President of Brazil from 1992 to 1994, succeeding Fernando Collor de Mello. The law falls under the authority of the **Executive Branch** (Executivo) and the **Federal Government of Brazil** (União Federal). The legislative process resulted in a government program (Programa) that was formalized through this statute. ### Scope and Subject Matter The primary content of Law No. 8939 revolves around financial authorizations and government programs. The main subjects identified in the text include: - **Authorization (Autorização):** The legal power to act or spend. - **Opening of Credit (Abertura De Credito):** The creation of a credit commitment. - **Extraordinary Credit (Credito Extraordinario):** Special credit opened for urgent and unforeseen expenses. - **Social Security Budget (Orçamento Da Seguridade Social):** The financial plan for social security programs. - **Distribution (Distribuição):** The allocation of resources. - **Destination (Destinação):** The specific end-use of the funds. These elements indicate the law's role in fiscal management, specifically allowing the government to access and allocate funds for the Social Security budget and other urgent needs through the mechanism of extraordinary credit. ### Geographic and Political Context The law applies to the jurisdiction of **Brazil**, the largest country in South America and the fifth-largest nation in the world by area. Brazil is a federal republic with a presidential system, and the capital is **Brasília**. Law No. 8939 was specifically published in Brasília. The country operates under the Constitution of Brazil, promulgated on October 5, 1988, which established the current federal republic structure. The official language of the statute, as with all federal laws in Brazil, is **Brazilian Portuguese**. ### Documentation and Identifiers Law No. 8939 is cataloged with specific identifiers to ensure its accessibility and traceability within legal and library systems: - **Lexml Brazil ID:** `urn:lex:br:federal:lei:1994-11-25;8939` - **Official URL:** The work is available at `https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8939.htm` - **Legal Citation:** `Lei nº 8939/1994` - **WikiProject:** It is tracked under the **WikiProject Brazilian Laws**. As a statute, it is structurally composed of legal norms and serves as the official record of the rules enacted by the government authority. It is part of the broader body of Brazilian statutory law, which serves as the primary instrument through which government authority is formally exercised and recorded. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1994-11-25;8939) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8939&ano=1994&data=25/11/1994&ato=d23cXRU50dJpWT16a)