# Law No. 9683 of July 6, 1998 > Brazilian law **Wikidata**: [Q105649809](https://www.wikidata.org/wiki/Q105649809) **Source**: https://4ort.xyz/entity/law-no-9683-of-july-6-1998 ## Summary Law No. 9683 of July 6, 1998 (Lei nº 9683/1998) is a Brazilian statute that authorizes special budgetary credits for the Federal Government of Brazil, specifically dealing with financial operations and money transfers within the Fiscal Budget. Promulgated by President Fernando Henrique Cardoso on behalf of the Presidency of the Federative Republic of Brazil, this law represents a formal authorization for the Ministry of Finance to open credits and manage fiscal resources. It is classified as a statute—a formal written document that creates law—and applies to the jurisdiction of Brazil, with its official text published in Brazilian Portuguese from Brasília. ## Key Facts - **Official Title:** Lei nº 9683, de 6 de julho de 1998 - **Legal Citation:** Lei nº 9683/1998 - **Publication Date:** July 6, 1998 - **Place of Publication:** Brasília, Brazil - **Promulgating Authority:** Presidency of the Federative Republic of Brazil - **President at Time:** Fernando Henrique Cardoso (approved by on 1998-07-06) - **Country:** Brazil - **Jurisdiction:** Brazil (applies_to_jurisdiction) - **Language:** Brazilian Portuguese - **Instance Of:** statute (a formal written document that creates law) - **LEXML Brazil ID:** urn:lex:br:federal:lei:1998-07-06;9683 - **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/l9683.htm - **Main Subject:** special budgetary adjustment (Credito Especial) - **Primary Entities Involved:** Federal Government of Brazil (União Federal), Ministry of Finance of Brazil (Ministério da Fazenda) - **Legal Categories:** authorization (Autorização), money transfer (Operação Financeira), Fiscal Budget (Orçamento Fiscal), opening of credit (Abertura de Crédito) - **Government Branch:** Executive branch (Executivo) - **Purpose:** Destinação (allocation/end purpose of funds) - **Wikidata Description:** Brazilian law ## FAQs **What is Law No. 9683 of July 6, 1998?** Law No. 9683 of July 6, 1998 is a Brazilian federal law that authorizes special budgetary credits (créditos especiais) for the Federal Government. It enables the Ministry of Finance to conduct financial operations involving money transfers within the Fiscal Budget, representing a formal authorization mechanism for federal spending. **Who promulgated Law No. 9683/1998?** The law was promulgated by President Fernando Henrique Cardoso on July 6, 1998, on behalf of the Presidency of the Federative Republic of Brazil. This makes it a product of the executive branch's legislative function during Cardoso's first term. **What is the subject matter of Lei nº 9683/1998?** The law deals with special budgetary adjustments known as "créditos especiais" (special credits), which are a type of budget authorization allowing the Federal Government to redirect funds or create new spending authorities. It involves the Ministry of Finance (Ministério da Fazenda), money transfer operations, and fiscal budget management. **Where can I find the official text of Law No. 9683/1998?** The official text is available through multiple Brazilian government sources, including the Presidency's legislation portal and the official government website. The primary URL is https://www.planalto.gov.br/ccivil_03/leis/l9683.htm, and it is also catalogued in the LEXML system with identifier urn:lex:br:federal:lei:1998-07-06;9683. **Is Law No. 9683/1998 still in effect?** The source material does not indicate that this law has been repealed. As a federal statute, it remains part of Brazilian law unless subsequently amended or revoked by subsequent legislation. Brazilian federal laws generally remain in force until explicitly repealed. **What type of law is Lei nº 9683/1998?** This law is classified as a statute—a formal written document that creates law. In the Brazilian legal system, it is categorized as "legislação orçamentária" (budgetary legislation) dealing with fiscal authorization. It is an instance of "statute" in knowledge classification systems and is equivalent to the schema.org Legislation class. ## Why It Matters Law No. 9683 of July 6, 1998 matters because it represents a critical mechanism in Brazilian fiscal governance—the authorization of special budgetary credits. In Brazil's budget system, "créditos especiais" are essential tools that allow the Federal Government to respond to unforeseen circumstances, reallocate resources, or fund specific initiatives that were not anticipated in the original annual budget law. This particular law, promulgated during the Fernando Henrique Cardoso administration, exemplifies how the executive branch utilizes statutory authorization to manage federal finances. The law's significance extends to its role in the separation of powers within Brazilian governance. By requiring formal legislative authorization for certain financial operations, it maintains constitutional oversight over government spending. The Ministry of Finance's involvement ensures that such budgetary adjustments align with broader fiscal policy and economic planning objectives. Furthermore, as a statute, Lei nº 9683/1998 contributes to the broader corpus of Brazilian statutory law. It exists within a complex legal framework that includes the Constitution of Brazil (particularly Title VI on taxation and budgeting), the Budget Directives Law (Lei de Diretrizes Orçamentárias), the Annual Budget Law (Lei Orçamentária Anual), and other complementary legislation. Understanding this law requires recognizing its place within Brazil's hierarchical legal structure. The public accessibility of this law also reflects important principles of transparency and the public domain status of Brazilian statutes. Citizens, researchers, and legal professionals can access the full text through official government portals, ensuring that the legal framework governing public finances remains open and accountable. ## Notable For - **Budgetary Authorization Mechanism:** Represents a formal statutory authorization for special budgetary credits (créditos especiais) within Brazil's fiscal system. - **Executive-Legislative Interaction:** Demonstrates the formal process by which the Presidency obtains legislative authorization for financial operations. - **Ministry of Finance Authority:** Establishes the role of the Ministry of Finance (Ministério da Fazenda) in managing and authorizing fiscal budget operations. - **Part of Brazilian Legal Corpus:** Contributes to the body of statutory law governing public finances and budgetary matters in Brazil. - **Historical Context:** Enacted during the Cardoso administration (1995-2002), a period significant for Brazil's economic stabilization following the Real Plan. - **Official Digital Preservation:** Available through official government digital repositories, ensuring long-term accessibility and legal certainty. ## Body ### Legislative Context and Nature Law No. 9683 of July 6, 1998 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes are the primary source of law, enacted through the legislative process and promulgated by the executive branch. This particular law falls within the category of "legislação orçamentária" (budgetary legislation), which governs how public funds are managed, allocated, and spent. The law is an instance of "statute" in knowledge classification systems, aligning with the schema.org Legislation class. This classification reflects its formal nature as a legal instrument created through proper legislative channels. As a Brazilian law, it forms part of the national legal order and is binding upon government entities and, indirectly, citizens within its jurisdiction. ### Formal Identification and Citations The law carries the official title "Lei nº 9683, de 6 de julho de 1998" and is commonly cited as "Lei nº 9683/1998" in legal references. Its official identifier in the Brazilian LEXML system is urn:lex:br:federal:lei:1998-07-06;9683, which provides a persistent and unique reference for legal documentation systems. The Wikidata description identifies it simply as "Brazilian law," reflecting its status as a federal statutory instrument. The official text is published in Brazilian Portuguese and remains available through official government channels, specifically at https://www.planalto.gov.br/ccivil_03/leis/l9683.htm, the official portal for Brazilian federal legislation. ### Authorization and Promulgation Law No. 9683/1998 was approved and promulgated by the Presidency of the Federative Republic of Brazil. The specific approval was granted by President Fernando Henrique Cardoso on July 6, 1998. This date marks both the promulgation and the effective establishment of the law within the Brazilian legal system. The involvement of the Presidency reflects the dual role of the Brazilian President in the legislative process—participating in legislation through veto power and promulgation, while also having the power to propose laws in certain circumstances. In this case, the law appears to have been enacted through the standard legislative process, with final promulgation by the President. ### Subject Matter and Legal Categories The primary subject of Law No. 9683/1998 is "special budgetary adjustment" (Credito Especial). This refers to a specific type of budgetary authorization under Brazilian fiscal law that allows for spending beyond or outside the original budget allocations. The law addresses several interconnected legal categories: - **Authorization (Autorização):** The law grants formal authorization for certain financial operations. - **Money Transfer (Operação Financeira):** It governs or enables the transfer of funds within the federal budget structure. - **Fiscal Budget (Orçamento Fiscal):** It pertains specifically to the fiscal budget, as opposed to social security or investment budgets. - **Opening of Credit (Abertura de Crédito):** It authorizes the opening of new budgetary credits, creating spending authority. - **Destinação:** It addresses the allocation or destination of funds. ### Institutional Actors The law involves several key institutional actors within the Brazilian government structure: - **Federal Government of Brazil (União Federal):** The law applies to the federal government as a whole, establishing rules for its financial operations. - **Ministry of Finance (Ministério da Fazenda):** The law assigns specific responsibilities to the Ministry of Finance, which serves as the primary institution responsible for budgetary and fiscal management. The Ministry's involvement ensures technical oversight of the financial operations authorized. - **Executive Branch (Executivo):** The law operates within the executive branch's sphere of authority, reflecting the branch's primary responsibility for implementing and managing government finances. ### Relationship to Broader Legal Framework Law No. 9683/1998 exists within Brazil's comprehensive budgetary and fiscal legal framework. This framework is anchored by the Constitution of Brazil, particularly Title VI, which addresses "Taxation and the Budget" and establishes principles such as fiscal legality, annual budgeting, and public fund management. The law operates in conjunction with other budgetary legislation, including the Budget Directives Law (Lei de Diretrizes Orçamentárias - LDO), which establishes priorities and guidelines for the annual budget, and the Annual Budget Law (Lei Orçamentária Anual - LOA), which specifies actual revenue and expenditure. Special credits like those authorized by Lei nº 9683/1998 represent exceptions or supplements to these regular budgetary processes. ### Publication and Official Record The law was officially published in Brasília, the capital of Brazil, on July 6, 1998. Brasília serves as the seat of the federal government and the location where most official federal legislation is published. The publication in Brasília ensures proper authentication and dissemination of the legal text throughout the Brazilian legal system. The official record of the law is maintained through multiple government systems, including the Presidency's legislation portal (legislacao.presidencia.gov.br) and the LEXML legal documentation system. These systems ensure that citizens, lawyers, judges, and government officials can access the authoritative text of the law. ### Accessibility and Legal Certainty As a Brazilian statute, Law No. 9683/1998 benefits from the public domain status generally afforded to official legal documents in Brazil. This ensures that the law remains freely accessible to all citizens without restrictions, supporting principles of legal transparency and public access to law. The availability of the full text through official government portals provides legal certainty, allowing individuals and organizations to understand their rights and obligations under this legislation. The law's inclusion in government digital repositories also ensures its preservation as part of Brazil's legal heritage, allowing for historical research and legal interpretation over time. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-07-06;9683) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9683&ano=1998&data=06/07/1998&ato=a02c3aE1EeNpWT83c)