# Law No. 9678 of July 3, 1998

> Brazilian law

**Wikidata**: [Q105647791](https://www.wikidata.org/wiki/Q105647791)  
**Source**: https://4ort.xyz/entity/law-no-9678-of-july-3-1998

## Summary
Law No. 9678 of July 3, 1998 (Lei nº 9678/1998) is a Brazilian statute enacted under President Fernando Henrique Cardoso that institutes the "Gratificação de Estímulo à Docência no Magistério Superior" (Gratification of Incentive to Teaching in Higher Education). Approved by the Presidency of the Federative Republic of Brazil on July 3, 1998, the law establishes financial incentives and regulations for professors in the higher education sector. It applies to the jurisdiction of Brazil and is recorded in Brazilian Portuguese, serving as a formal legislative act to support and regulate academic remuneration.

## Key Facts
- **Official Title:** Lei nº 9678, de 3 de julho de 1998
- **Legal Citation:** Lei nº 9678/1998
- **Date of Enactment/Approval:** July 3, 1998
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **President at Enactment:** Fernando Henrique Cardoso
- **Country/Jurisdiction:** Brazil
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **Classification:** Instance of a statute (formal written document that creates law)
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1998-07-03;9678
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l9678.htm
- **Primary Purpose:** Institutes the Gratification of Incentive to Teaching in Higher Education
- **Main Subject:** Ministry of Education; Higher Education (Ensino Superior)
- **Key Concepts Defined:** Connection (Vinculação), Concession (Concessão), Gratification (Gratificação), Criterion (Criterios), Beneficiary (Beneficiario)
- **WikiProject:** WikiProject Brazilian Laws

## FAQs

**What is the primary purpose of Law No. 9678/1998?**
The primary purpose of Law No. 9678 is to institute the "Gratificação de Estímulo à Docência no Magistério Superior," which is a gratification designed to incentivize teaching in higher education. It also provides other measures related to this topic.

**Who approved and enacted Law No. 9678?**
The law was approved by the Presidency of the Federative Republic of Brazil. It was enacted through promulgation on July 3, 1998, during the administration of President Fernando Henrique Cardoso.

**Where and when was Law No. 9678 published?**
The law was published on July 3, 1998, in Brasília, the federal capital of Brazil. The text is maintained in Brazilian Portuguese and is available at the official Presidência da República website.

**What type of legal document is Law No. 9678?**
Law No. 9678 is classified as a statute, which is a formal written document that creates law. It serves as a manifestation of statutory law and follows the legislative process of the Brazilian government.

**What are the key subjects and regulations covered in this law?**
Key subjects include the Ministry of Education, higher education, and the criteria for granting the gratification. The law addresses the connection (vinculação) and concession of benefits, the definition of beneficiaries, and the regulation (regulamentação) of these incentives.

## Why It Matters
Law No. 9678 matters because it represents a structured legislative effort to improve the quality of higher education in Brazil through financial incentives. By instituting the "Gratificação de Estímulo à Docência," the law directly impacts the compensation and motivation of university professors, aiming to enhance teaching standards within the "Magistério Superior." It establishes clear criteria and regulations for the distribution of these benefits, ensuring that the incentives are allocated based on defined parameters such as performance and dedication. As a federal statute, it holds legal authority across the entire country, standardizing how higher education teaching incentives are managed and regulated by the Ministry of Education. The law also serves as an example of the Brazilian state's use of statutory instruments to manage human resources and policy within the public education sector.

## Notable For
- **Institution of Incentives:** Specifically creates the "Gratificação de Estímulo à Docência no Magistério Superior" to reward higher education teaching.
- **Cardoso Era Legislation:** Enacted during the presidency of Fernando Henrique Cardoso, a period marked by administrative reforms in Brazil.
- **Specific Legal Identifiers:** Holds a unique Lexml Brazil ID (`urn:lex:br:federal:lei:1998-07-03;9678`) for precise legal tracking and reference.
- **Regulatory Framework:** Defines specific legal concepts regarding gratification, including "Vinculação" (Connection), "Concessão" (Concession), and "Beneficiario" (Beneficiary).
- **Federal Scope:** Applies to the entire jurisdiction of Brazil, originating from the federal capital in Brasília.

## Body

### Nature and Classification
Law No. 9678 of July 3, 1998, is formally classified as a statute. In the context of legal systems, a statute is defined as a formal written document that creates law, encompassing acts passed by a legislature. This specific law is a manifestation of statutory law in Brazil, serving as an official record of the legal rules enacted by the government. As a document of this nature, it is generally considered to be in the public domain, ensuring that the legal text is accessible to the citizens it governs. The law is written in Brazilian Portuguese, the official language of Brazil, and is cataloged within the Brazilian legal system under the specific Lexml identifier `urn:lex:br:federal:lei:1998-07-03;9678`.

### Legislative Enactment and Authority
The legislative authority behind Law No. 9678 is the Presidency of the Federative Republic of Brazil. The law was approved on July 3, 1998, through the process of promulgation. At the time of enactment, the President of Brazil was Fernando Henrique Cardoso, who served as the head of state and head of government in the federal presidential system. The enactment occurred in Brasília, the capital of Brazil since 1960, which serves as the seat of the federal government. The law was published on the date of its approval, July 3, 1998, and is hosted by the official government portal (planalto.gov.br), ensuring its validity and dissemination as an act of the federal executive and legislative powers.

### Purpose and Subject Matter
The core content of Law No. 9678, as indicated by its legal digest, is to "INSTITUI A GRATIFICAÇÃO DE ESTIMULO A DOCENCIA NO MAGISTERIO SUPERIOR, E DA OUTRAS PROVIDENCIAS" (Institute the Gratification of Incentive to Teaching in Higher Education, and provide other measures). The law's main subject focuses on the Ministry of Education and the higher education sector ("Ensino Superior").

The statute addresses several specific legal and administrative concepts to facilitate this incentive:
- **Vinculação (Connection):** Establishing the linkage between the gratification and specific roles or departments.
- **Concessão (Concession):** The act of granting the gratification to eligible individuals.
- **Gratificação (Gratification):** The financial incentive itself, designated as a title of honor or remuneration.
- **Criterios (Criterion):** The standards or requirements that must be met to qualify for the incentive.
- **Beneficiario (Beneficiary):** The individuals, specifically professors in higher education, who are eligible to receive the gratification.
- **Regulamentação (Regulation):** The rules and guidelines governing the implementation of the gratification.
- **Designação (Appointment):** The formal selection or assignment of individuals to the benefit.

### Jurisdiction and Context
This law applies to the jurisdiction of Brazil, the largest country in South America and a federal republic. It operates within the framework of the Brazilian state, which is divided into executive, legislative, and judicial branches. The law intersects with the broader educational infrastructure of Brazil, which includes both public and private institutions and serves a population of over 200 million people. By targeting the "Magistério Superior" (Higher Education Teaching), the law specifically addresses the sector responsible for tertiary education, which is crucial for the country's development and human capital formation. The existence of such a statute highlights the government's role in regulating and incentivizing labor conditions within the federal civil service and educational institutions.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-07-03;9678)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9678&ano=1998&data=03/07/1998&ato=60bEzZE1EeNpWT8dc)
3. LexML Brasil