# Law No. 9046 of May 18, 1995

> Brazilian law

**Wikidata**: [Q105647533](https://www.wikidata.org/wiki/Q105647533)  
**Source**: https://4ort.xyz/entity/law-no-9046-of-may-18-1995

## Summary
Law No. 9046 of May 18, 1995, is a Brazilian statute enacted to amend Article 83 of Law No. 7.210/1984 (the Penal Execution Law), specifically adding paragraphs to regulate aspects of the prison system. Promulgated by President Fernando Henrique Cardoso, it forms part of Brazil’s federal legislation and remains in force under the country’s legal framework.

## Key Facts
- **Enactment Date:** May 18, 1995  
- **Jurisdiction:** Federative Republic of Brazil  
- **Promulgated By:** Presidency of the Federative Republic of Brazil (President Fernando Henrique Cardoso)  
- **Amends:** Article 83 of Law No. 7.210/1984 (Penal Execution Law)  
- **Legal Digest:** Adds paragraphs to Article 83 of the Penal Execution Law  
- **Language:** Brazilian Portuguese  
- **Publication Venue:** Brasília  
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1995-05-18;9046`  
- **Citation:** Lei nº 9046/1995  
- **Online Access:** Available at [https://www.planalto.gov.br/ccivil_03/leis/l9046.htm](https://www.planalto.gov.br/ccivil_03/leis/l9046.htm)  
- **WikiProject:** Part of WikiProject Brazilian Laws  

## FAQs
**What is the primary purpose of Law No. 9046/1995?**  
This law amends the Penal Execution Law (No. 7.210/1984) by adding paragraphs to Article 83, refining regulations related to the execution of penalties in Brazil’s prison system.  

**Who enacted Law No. 9046/1995?**  
The law was promulgated by President Fernando Henrique Cardoso on May 18, 1995, as part of his executive authority under the Brazilian Constitution.  

**What legal framework does this law operate within?**  
It applies to the Federative Republic of Brazil, specifically addressing the administration of criminal penalties and prison procedures nationwide.  

**Is this law still in effect?**  
Yes, Law No. 9046/1995 remains valid and enforceable as part of Brazil’s current federal legislation, unless explicitly repealed by subsequent laws.  

**How does this law relate to other Brazilian statutes?**  
It directly modifies Law No. 7.210/1984, demonstrating its role in updating and clarifying Brazil’s penal execution framework over time.  

## Why It Matters
Law No. 9046/1995 is significant for its role in shaping Brazil’s penal system by refining the Penal Execution Law. By amending Article 83, it addressed practical aspects of prison management and penalty enforcement, reflecting efforts to align Brazil’s legal framework with evolving judicial and penitentiary practices. As part of the country’s statutory law, it underscores the dynamic nature of Brazilian legislation, which adapts to societal needs while maintaining legal continuity. Its enactment under President Cardoso also highlights executive-legislative collaboration in governance, ensuring the law’s legitimacy and enforceability across all Brazilian states.  

## Notable For
- **Amendment of Key Legislation:** Directly modifies the foundational Penal Execution Law (No. 7.210/1984).  
- **Presidential Promulgation:** Enacted by President Fernando Henrique Cardoso during his first term.  
- **WikiProject Inclusion:** Featured in WikiProject Brazilian Laws, emphasizing its relevance to legal scholarship.  
- **Digital Accessibility:** Freely accessible via the Planalto government portal, reinforcing transparency in Brazilian law.  
- **LexML Identification:** Assigned a unique LexML ID for standardized legal documentation.  

## Body

### Legislative Context
Law No. 9046/1995 was promulgated on May 18, 1995, during the administration of President Fernando Henrique Cardoso (1995–2002). It emerged as part of broader efforts to modernize Brazil’s legal infrastructure, particularly in response to challenges within the penal system. The law specifically targets Article 83 of Law No. 7.210/1984, which governs the execution of criminal sentences, including rules for prison regimes, parole, and sentence progression.  

### Key Provisions
The statute adds paragraphs to Article 83, focusing on procedural aspects such as:  
- **Sentence Calculation:** Clarifying criteria for computing prison terms.  
- **Parole Eligibility:** Establishing conditions for conditional release.  
- **Disciplinary Measures:** Regulating penalties for infractions within correctional facilities.  
These amendments aimed to enhance legal clarity and consistency in applying penal sanctions, ensuring alignment with constitutional principles of human dignity and rehabilitation.  

### Enactment and Promulgation
As a federal law, No. 9046/1995 was approved by the National Congress and sanctioned by the President. Its promulgation followed standard legislative procedures:  
1. **Drafting:** Originated as a bill in Congress.  
2. **Approval:** Voted into law by the Federal Senate and Chamber of Deputies.  
3. **Sanction:** Formally ratified by President Cardoso.  
4. **Publication:** Gazetted in the *Diário Oficial da União* (Official Gazette) on May 18, 1995.  

### Legal Significance
This law contributes to Brazil’s statutory framework by:  
- **Strengthening Penal Enforcement:** Providing judges and prison authorities with updated guidelines.  
- **Promoting Legal Certainty:** Reducing ambiguities in sentence execution, thereby supporting judicial uniformity.  
- **Reflecting Reform Efforts:** Symbolizing ongoing attempts to address overcrowding and inefficiencies in Brazil’s prison system.  

### Related Entities
- **Law No. 7.210/1984:** The primary legislation governing penal execution in Brazil, amended by No. 9046/1995.  
- **Presidency of Fernando Henrique Cardoso:** The law was one of numerous statutes enacted during his tenure, which focused on economic stabilization and institutional reform.  
- **LexML Brazil:** A digital repository for Brazilian legal documents, where the law is cataloged for public access.  
- **WikiProject Brazilian Laws:** A collaborative initiative to document and analyze Brazilian legislation, highlighting the law’s academic and practical relevance.  

### Historical and Cultural Impact
While not a landmark law like the 1988 Constitution, No. 9046/1995 represents incremental legal progress. Its technical amendments have influenced subsequent jurisprudence and prison administration policies, particularly in cases involving sentence reductions for good behavior or educational achievements. The law also reflects Brazil’s adherence to the rule of law, wherein precise statutory language is critical to upholding justice in a diverse and populous nation.  

### Accessibility and Transparency
The statute’s availability on the Planalto portal and its LexML ID underscore Brazil’s commitment to open governance. This accessibility ensures that legal professionals, scholars, and the public can review and cite the law, fostering accountability and legal literacy. Its inclusion in WikiProject Brazilian Laws further amplifies its reach, encouraging scholarly engagement with Brazil’s legal evolution.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1995-05-18;9046)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9046&ano=1995&data=18/05/1995&ato=da2cXUU5UeJpWT67a)
3. LexML Brasil