# Law No. 9652 of May 27, 1998

> Brazilian law

**Wikidata**: [Q105647982](https://www.wikidata.org/wiki/Q105647982)  
**Source**: https://4ort.xyz/entity/law-no-9652-of-may-27-1998

## Summary

Law No. 9652 of May 27, 1998 is a Brazilian federal statute promulgated by President Fernando Henrique Cardoso that regulates special budgetary adjustments, investment budgets, and allocation mechanisms within Brazil's federal financial system. As a formal written legal document classified as a statute, it represents a manifestation of statutory law applicable throughout the entire jurisdiction of Brazil and remains accessible through official government digital repositories.

## Key Facts

- **Official Title:** Lei nº 9652, de 27 de maio de 1998
- **Legal Citation:** Lei nº 9652/1998
- **Date of Promulgation:** May 27, 1998
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Promulgating President:** Fernando Henrique Cardoso (in office 1995-2002)
- **Legal Classification:** Instance of a statute (formal written document that creates law)
- **Jurisdictional Scope:** Applies to the entire Federative Republic of Brazil
- **Place of Publication:** Brasília, the federal capital of Brazil since April 22, 1960
- **Language:** Brazilian Portuguese, the official language of Brazil
- **Main Subjects:** Special budgetary adjustment (Credito Especial), Investment Budget (Orçamento De Investimento), and Allocation (Destinação)
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1998-05-27;9652
- **Official URL:** Available at https://www.planalto.gov.br/ccivil_03/leis/l9652.htm
- **Wikimedia Project:** Included in WikiProject Brazilian Laws focus list
- **Country of Origin:** Brazil, a federal republic in South America with a presidential system

## FAQs

**What is Law No. 9652/1998 and what does it regulate?**

Law No. 9652 of May 27, 1998 is a federal statute that establishes provisions for special budgetary adjustments, investment budgets, and allocation procedures within Brazil's federal financial framework. It creates legal norms governing how the federal government can modify and allocate financial resources during the fiscal year.

**When was this law enacted and who signed it?**

The law was officially promulgated on May 27, 1998 by President Fernando Henrique Cardoso, who served as Brazil's head of state and head of government from 1995 to 2002. The promulgation followed the legislative process defined in Brazil's 1988 Constitution.

**Where can I access the full text of Law No. 9652?**

The complete text is publicly available through multiple official channels: the Planalto government portal at https://www.planalto.gov.br/ccivil_03/leis/l9652.htm and via the LexML Brazil system using the identifier urn:lex:br:federal:lei:1998-05-27;9652.

**What type of legal document is Law No. 9652?**

It is classified as a statute, which is a formal written document that creates law and serves as the manifestation of statutory law. As a federal statute, it holds authority across all states and the Federal District of Brazil.

**In what language was the law originally written?**

The law was drafted and published in Brazilian Portuguese, the sole official language of Brazil and the language used for all federal legislation, official documents, and government communications.

## Why It Matters

Law No. 9652 of May 27, 1998 represents a critical component of Brazil's fiscal governance structure during the Cardoso administration, a period marked by significant economic stabilization reforms. As a statute governing special budgetary adjustments and investment allocations, it provides the legal framework for executive flexibility in financial management while maintaining constitutional budgetary discipline. The law's inclusion in WikiProject Brazilian Laws underscores its importance as a documented element of Brazil's legislative corpus, contributing to the systematic organization and accessibility of federal legislation.

The law's existence within Brazil's civil law system demonstrates how statutory instruments operationalize constitutional principles of budgetary oversight. By defining mechanisms for creditos especiais (special credits) and investment budget allocations, it establishes procedures that enable the federal government to respond to unforeseen fiscal needs or adjust financial priorities during the budget execution phase. This statutory flexibility is essential in a federal republic spanning 26 states and one Federal District, where uniform financial rules must accommodate diverse regional needs while preserving national fiscal integrity.

The digital preservation of this law through LexML Brazil and the Planalto portal exemplifies Brazil's commitment to governmental transparency and open data principles. As a public domain document—consistent with the edict of government doctrine that places statutes outside copyright restrictions—the law's free availability ensures that citizens, legal professionals, researchers, and public administrators can access and reference the text without restriction. This accessibility supports democratic accountability and facilitates legal certainty in public financial management.

Furthermore, the law's promulgation in Brasília, the purpose-built federal capital designed to centralize governmental functions, reinforces the geographic and administrative unity of Brazil's federal system. The statute operates within a legal ecosystem where the National Congress (comprising the Federal Senate and Chamber of Deputies) exercises legislative authority, the President executes laws, and the Supreme Federal Court provides judicial review—all branches operating under the 1988 Constitution that has governed Brazil since the transition from military rule to democracy.

## Notable For

- **Specific Fiscal Focus:** One of the few Brazilian federal statutes explicitly dedicated to special budgetary adjustments (Credito Especial) and investment budget allocations, providing targeted legal mechanisms for fiscal flexibility
- **Cardoso Administration Legacy:** Represents part of the legislative output during Fernando Henrique Cardoso's second term, a period characterized by the Real Plan's success in controlling hyperinflation and implementing structural economic reforms
- **Digital Accessibility:** Available through both the LexML Brazil URN system (urn:lex:br:federal:lei:1998-05-27;9652) and the direct Planalto government portal, demonstrating Brazil's early adoption of digital legal publishing
- **Wikimedia Documentation:** Specifically tracked by WikiProject Brazilian Laws, indicating its recognized importance within Brazil's statutory framework and the project's effort to systematically catalog federal legislation
- **Precise Temporal Marker:** The May 27, 1998 date places it within a specific legislative session and budgetary cycle, allowing researchers to contextualize it within contemporaneous economic conditions and policy priorities
- **Multi-Dimensional Subject Matter:** Addresses three distinct but related financial concepts—special credits, investment budgets, and allocation—making it a comprehensive instrument for budgetary management
- **Federal Scope:** As a lei federal (federal law), it supersedes state and municipal legislation on budgetary matters within its domain, ensuring uniform application across Brazil's vast territory spanning 8,515,767 km²
- **Public Domain Status:** Like all Brazilian statutes, it is not subject to copyright restrictions, ensuring unrestricted public access and dissemination consistent with principles of legal transparency in democratic governance

## Body

### Basic Identification and Classification

Law No. 9652 of May 27, 1998 is formally titled "Lei nº 9652, de 27 de maio de 1998" and carries the legal citation "Lei nº 9652/1998." This federal statute operates as a formal written document that creates binding legal norms throughout Brazil's jurisdiction. The law is classified as an instance of "statute," a foundational legal concept defined as a formal written document encompassing acts, executive orders, and by-laws that serve as manifestations of statutory law. As a subclass of written work, document, and rule, this statute functions within Brazil's civil law tradition where written codes and statutes constitute the primary sources of law.

The law was created through the legislative process defined by Brazil's Constitution, which establishes the National Congress as the legislative body responsible for drafting and approving laws before presidential promulgation. The statute's creation followed the standard procedure where draft laws are debated and voted upon in both the Chamber of Deputies and Federal Senate before reaching the executive branch for final enactment.

### Promulgation and Presidential Authority

President Fernando Henrique Cardoso promulgated Law No. 9652 on May 27, 1998, exercising the constitutional authority vested in the Presidency of the Federative Republic of Brazil. Cardoso, who served as Brazil's 34th president from January 1, 1995 to December 31, 2002, signed this statute during his second term—a period marked by continued implementation of the Real Plan that had successfully stabilized the Brazilian economy after decades of hyperinflation.

The promulgation date of May 27, 1998 is recorded with precision in official government records, including the legislation portal of the Presidency. This temporal marker situates the law within a specific fiscal year and legislative session, allowing for correlation with other contemporaneous economic policies and budgetary decisions. The act of promulgation represents the final step in the law-making process, transforming a legislative bill into enforceable statutory law.

### Publication and Geographic Origin

The law was officially published in Brasília, the federal capital of Brazil since April 22, 1960. Brasília serves as the seat of all three branches of Brazil's federal government: the executive (Presidency), legislative (National Congress), and judicial (Supreme Federal Court). The publication location reinforces the law's federal character and its applicability across all 26 Brazilian states and the Federal District.

As a Brazilian legal instrument, the law is written in Brazilian Portuguese, the official language of Brazil and the sole language used for federal legislation. Brazil's linguistic uniformity, with Portuguese as the official language for its approximately 213.4 million residents, ensures that federal statutes like Law No. 9652 are directly accessible to all citizens without translation.

### Legal Substance and Subject Matter

The statute addresses three primary subjects, each representing distinct aspects of federal budgetary management:

- **Special Budgetary Adjustment (Credito Especial):** The law establishes provisions for special credits, which are extraordinary budgetary allocations made to address unforeseen or urgent needs that arise after the annual budget has been approved. This mechanism provides fiscal flexibility within constitutional constraints.

- **Investment Budget (Orçamento De Investimento):** The statute regulates the investment budget component of federal financial planning, governing how the government allocates resources for capital expenditures, infrastructure projects, and long-term asset acquisition.

- **Allocation (Destinação):** The law defines procedures for the destination or allocation of financial resources, specifying how approved budgetary amounts are assigned to specific governmental functions, programs, or entities.

These subjects collectively provide a comprehensive framework for managing federal financial resources beyond the standard annual budget, enabling responsive governance while maintaining legislative oversight.

### Digital Preservation and Access

Law No. 9652 benefits from multiple digital preservation systems that ensure its permanent accessibility. The LexML Brazil system assigns it a permanent Uniform Resource Name (URN): urn:lex:br:federal:lei:1998-05-27;9652. This identifier follows a standardized syntax for Brazilian legal documents, enabling precise citation and retrieval.

The full text is available at the official URL https://www.planalto.gov.br/ccivil_03/leis/l9652.htm, hosted on the Planalto government portal. This portal serves as the authoritative source for Brazil's federal legislation, providing citizens and legal professionals with direct access to original legal texts. The availability of the law through both LexML and the Planalto portal demonstrates Brazil's commitment to open government principles and the public domain status of its statutes.

### Jurisdictional Application and Legal Hierarchy

As a federal statute, Law No. 9652 applies to the entire jurisdiction of Brazil, encompassing all states, the Federal District, and municipalities. Within Brazil's legal hierarchy, federal statutes rank below the Constitution but above state and municipal legislation. The Supreme Federal Court (STF) serves as the ultimate interpreter of the law's constitutionality, while lower federal courts apply its provisions in specific cases.

The law operates within Brazil's federal republic structure, where the Union, states, and municipalities have distinct but coordinated roles in governance. This federal system, established by the 1988 Constitution, requires that budgetary laws like Law No. 9652 balance national fiscal policy with subnational autonomy.

### Context within Brazilian Legislative Corpus

Law No. 9652 is included in WikiProject Brazilian Laws, a Wikimedia initiative focused on systematically documenting and organizing information about Brazil's legal framework. This inclusion indicates the law's recognized importance within the broader corpus of Brazilian federal legislation. The project aims to improve coverage of Brazilian laws across Wikimedia platforms, ensuring that statutory instruments are properly documented and interconnected with related legal and historical concepts.

The law represents one of thousands of statutes enacted during the Cardoso presidency, a period that saw extensive legislative activity related to economic reform, privatization, and modernization of Brazil's state apparatus. Its specific focus on budgetary mechanisms reflects the administration's emphasis on fiscal discipline and transparent financial management following the successful implementation of the Real Plan in 1994.

### Public Domain and Copyright Status

Consistent with the nature of statutes globally, Law No. 9652 exists in the public domain. The edict of government doctrine, which applies in jurisdictions including the United States and France, establishes that official legal documents such as legislative enactments are not subject to copyright restrictions. This principle ensures that the laws governing Brazilian society are freely owned by the public, supporting the rule of law by guaranteeing unrestricted access to legal texts. Consequently, the law can be reproduced, distributed, and cited without permission or royalty payments.

### Technical Specifications and Metadata

The statute is documented with precise metadata that facilitates its identification and retrieval:
- **Publication Date:** 1998-05-27
- **Legal Citation:** Lei nº 9652/1998
- **Language:** Brazilian Portuguese
- **Jurisdiction:** Brazil (federal level)
- **URN:** urn:lex:br:federal:lei:1998-05-27;9652
- **Government Portal URL:** https://www.planalto.gov.br/ccivil_03/leis/l9652.htm

These technical specifications enable integration with legal information systems, academic research databases, and governmental transparency platforms. The standardized citation format (Lei nº 9652/1998) allows for unambiguous reference in judicial decisions, academic publications, and administrative proceedings.

### Relationship to Brazil's Economic Governance

The law's enactment in 1998 occurred during a critical period in Brazil's economic development. The Cardoso administration's second term faced challenges including the Asian financial crisis and its spillover effects on emerging markets. Statutes governing budgetary flexibility, such as Law No. 9652, provided essential tools for fiscal management during economic uncertainty. The law's provisions for special credits and investment budget adjustments enabled the federal government to respond to changing economic conditions while adhering to constitutional requirements for legislative approval of public expenditures.

The statute thus forms part of the legal infrastructure supporting Brazil's modern financial management system, which operates within the world's sixth-most populous country and Latin America's largest economy. Its continued availability and application demonstrate the durability of Brazil's statutory framework and the ongoing relevance of budgetary laws enacted during the foundational years of the Real Plan's success.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-05-27;9652)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9652&ano=1998&data=27/05/1998&ato=795UTVE1EeNpWT474)