# Law No. 9705 of November 18, 1998

> Brazilian law

**Wikidata**: [Q105647772](https://www.wikidata.org/wiki/Q105647772)  
**Source**: https://4ort.xyz/entity/law-no-9705-of-november-18-1998

## Summary
Law No. 9705 of November 18, 1998 is a Brazilian statute promulgated by President Fernando Henrique Cardoso that authorizes the opening of supplementary credit and establishes budgetary provisions across multiple federal government frameworks. Published in Brasília, this law applies to the entire federal jurisdiction of Brazil and addresses both the Fiscal Budget and Social Security Budget while providing allocations for the Executive Branch, Judiciary, and federal budget management departments.

## Key Facts
- **Official Title:** Lei nº 9705, de 18 de novembro de 1998
- **Legal Citation:** Lei nº 9705/1998
- **Publication Date:** November 18, 1998
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President at Promulgation:** Fernando Henrique Cardoso
- **Promulgation Method:** Direct presidential promulgation
- **Legal Classification:** Instance of a statute (formal written document that creates law)
- **Jurisdictional Scope:** Applies to the entire federal jurisdiction of Brazil
- **Language of Text:** Brazilian Portuguese
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1998-11-18;9705
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1998-2000/l9705.htm
- **Main Subject 1:** Authorization (Autorização) for federal budgetary actions
- **Main Subject 2:** Supplementary Credit (Credito Suplementar) mechanisms
- **Main Subject 3:** Federal Government of Brazil (União Federal) operations
- **Main Subject 4:** Executive Branch (Executivo) budget management
- **Main Subject 5:** Social Security Budget (Orçamento Da Seguridade Social)
- **Main Subject 6:** Fiscal Budget (Orçamento Fiscal)
- **Main Subject 7:** Judiciary (Judiciario) allocations
- **Main Subject 8:** Budget management departments (Orgãos)
- **Main Subject 9:** Credit Opening (Abertura De Credito) procedures
- **Main Subject 10:** End-use allocation (Destinação) of federal funds
- **Wikidata Classification:** Brazilian law
- **Digital Preservation:** Included in WikiProject Brazilian Laws

## FAQs
**What is Law No. 9705 of November 18, 1998?**
Law No. 9705 of November 18, 1998 is a Brazilian statute that authorizes supplementary credit openings and establishes comprehensive budgetary provisions for the Federal Government of Brazil. It was promulgated by President Fernando Henrique Cardoso and published in Brasília, applying to the entire federal jurisdiction.

**Who signed this law into effect and when?**
President Fernando Henrique Cardoso promulgated this law on November 18, 1998, using his presidential authority as head of the Presidency of the Federative Republic of Brazil. The promulgation occurred during his second term in office.

**What specific budgetary frameworks does this law address?**
The law simultaneously addresses the Fiscal Budget (Orçamento Fiscal) and the Social Security Budget (Orçamento Da Seguridade Social), two distinct but critical components of Brazil's federal financial system. It also covers budgetary allocations for the Executive Branch, Judiciary, and various federal budget management departments.

**What legal mechanisms does this statute authorize?**
This statute authorizes the opening of supplementary credit (Credito Suplementar) and credit opening (Abertura De Credito), which allow the federal government to exceed initially approved budget allocations when necessary. It also establishes procedures for end-use allocation (Destinação) of federal funds.

**Where can the official text of this law be found?**
The complete official text is publicly accessible in Brazilian Portuguese at the URL https://www.planalto.gov.br/ccivil_03/leis/1998-2000/l9705.htm, maintained by the Brazilian federal government. The document is also permanently cataloged in Brazil's LexML system.

**What is the legal status of this document under Brazilian law?**
As a statute, this document is a formal written instrument that creates binding law within Brazil's federal system. It is considered part of the public domain under the "edict of government doctrine," ensuring unrestricted public access to the legal text.

**Does this law apply to state and municipal governments?**
No, Law No. 9705 applies exclusively to the federal jurisdiction of Brazil, meaning it governs national-level government operations. State and municipal governments operate under separate budgetary legislation within Brazil's federal system.

## Why It Matters
Law No. 9705 of November 18, 1998 matters because it establishes the legal mechanism for supplementary budget allocations within Brazil's federal government, providing essential fiscal flexibility during President Fernando Henrique Cardoso's administration. By authorizing credit openings across both the Fiscal Budget and Social Security Budget, the law enables the Executive Branch to respond to unforeseen financial needs without disrupting government operations. Its comprehensive inclusion of the Judiciary and multiple budget management departments ensures coordinated financial management across all federal branches. The statute's preservation in the LexML system and inclusion in WikiProject Brazilian Laws demonstrates Brazil's commitment to transparent governance and legal accessibility. For legal researchers, public administrators, and fiscal policy analysts, this law serves as a critical reference for understanding how Brazil's federal government manages budgetary adjustments, allocates resources across branches, and maintains fiscal discipline within a presidential system. The law also represents a specific legislative approach during Brazil's post-stabilization period following the Real Plan, reflecting the administrative needs of a consolidating democracy.

## Notable For
- **Dual Budget Architecture:** Addresses both Fiscal Budget and Social Security Budget simultaneously, a distinctive feature of Brazil's federal financial management system.
- **Tri-Branch Coverage:** Explicitly includes provisions for Executive, Judiciary, and budget management departments in a single statutory instrument, rare for budget authorization laws.
- **LexML Permanent Identifier:** Assigned the permanent URN urn:lex:br:federal:lei:1998-11-18;9705 within Brazil's official legal document identification system.
- **Cardoso Administration Marker:** Represents the fiscal policy framework of Fernando Henrique Cardoso's presidency, a period of economic stabilization following hyperinflation.
- **Comprehensive Credit Authorization:** Combines supplementary credit (Credito Suplementar) and credit opening (Abertura De Credito) mechanisms in one law.
- **Digital Preservation Priority:** Selected for inclusion in WikiProject Brazilian Laws, indicating recognized significance for long-term digital archiving.
- **Public Domain Status:** As an official statute, it is exempt from copyright restrictions, ensuring complete public accessibility.
- **Specific Date-Number Combination:** The precise date (November 18, 1998) and law number (9705) create a unique identifier within Brazil's legislative chronology.

## Body

### Legislative Identity and Classification
Law No. 9705 of November 18, 1998 carries the formal Portuguese title "Lei nº 9705, de 18 de novembro de 1998" and is cited legally as "Lei nº 9705/1998." Within knowledge systems, it is classified as an instance of a "statute," which is defined as a formal written document that creates law. Statutes represent the concrete manifestation of statutory law and encompass acts, executive orders, and by-laws. This classification places the law within Brazil's civil law tradition, where written statutes serve as primary sources of legal authority. The document is recognized by the WikiProject Brazilian Laws, a Wikimedia initiative dedicated to cataloging and preserving significant Brazilian legislation. Its Wikidata entry describes it as a "Brazilian law," linking it to broader legal knowledge graphs.

### Promulgation and Executive Authority
President Fernando Henrique Cardoso promulgated this statute on November 18, 1998, through the Presidency of the Federative Republic of Brazil. The promulgation method is explicitly identified as "promulgation," which under Brazil's constitutional system is the final step converting a bill into law. This action occurred during Cardoso's second presidential term (1995-2002), a period defined by the Real Plan's success in controlling hyperinflation. The President's signature gave immediate legal effect to the statute, which was published concurrently with its promulgation date. Brazil's presidential system concentrates executive authority in the President, who serves as both head of state and head of government, making presidential promulgation the definitive act of law creation.

### Budgetary Scope and Federal Subjects
The statute addresses ten enumerated subjects that collectively govern federal budgetary operations. It provides broad authorization (Autorização) for the Executive Branch (Executivo) to manage and adjust federal finances. The law specifically enables supplementary credit (Credito Suplementar) and credit opening (Abertura De Credito), mechanisms that permit the federal government to increase spending beyond initially congressional-approved limits when justified. It establishes parameters for the Fiscal Budget (Orçamento Fiscal) and the Social Security Budget (Orçamento Da Seguridade Social), two parallel but distinct budgetary tracks in Brazil's public finance system. The Judiciary (Judiciario) receives specific allocations, ensuring the judicial branch's financial independence. Budget management departments (Orgãos) are covered to maintain administrative continuity. The law also regulates end-use allocation (Destinação), specifying how federal funds must be directed to their intended purposes.

### Legal Framework and Federal Jurisdiction
This statute applies exclusively to Brazil's federal jurisdiction, as explicitly stated in its jurisdictional scope. Brazil is a federal republic composed of 26 states plus the Federal District, governed under the Constitution of Brazil effective since October 5, 1988. The law operates within a system where the National Congress (comprising the Federal Senate and Chamber of Deputies) holds legislative power, the President holds executive power, and the Supreme Federal Court (STF) serves as the constitutional guardian. Published in Brasília—the federal capital since April 22, 1960—the law reflects the centralized nature of Brazil's federal budgetary process. The statute is written in Brazilian Portuguese, the sole official language of the country, ensuring uniform interpretation across all federal entities.

### Documentation Systems and Public Access
The law is permanently cataloged in Brazil's LexML system with the URN identifier urn:lex:br:federal:lei:1998-11-18;9705. LexML (Legislação Markup Language) is Brazil's official framework for identifying, accessing, and structuring legal documents. The full legislative text is publicly available at the official URL https://www.planalto.gov.br/ccivil_03/leis/1998-2000/l9705.htm, hosted by the Brazilian federal government's legislative portal. As a statute, the document falls under the "edict of government doctrine," which places official legal texts in the public domain and exempt from copyright restrictions in Brazil. This policy ensures that citizens, legal professionals, and researchers can access, reproduce, and analyze the law without limitation. The law's inclusion in WikiProject Brazilian Laws further guarantees its long-term digital preservation and integration into global knowledge bases.

### Historical and Administrative Context
Enacted during Fernando Henrique Cardoso's presidency, this law reflects the administrative priorities of post-stabilization Brazil. The Cardoso administration's Real Plan, implemented in 1994, had successfully tamed hyperinflation, shifting governmental focus toward institutionalizing fiscal management procedures. The statute's emphasis on supplementary credit and multi-branch budget coordination demonstrates the complexity of managing federal finances in a large federative republic. Brazil's 1988 Constitution had established the current governmental framework only a decade earlier, and statutes like Law No. 9705 operationalized budgetary processes within this new constitutional order. The law predates Brazil's modern digital governance initiatives but has been retroactively incorporated into contemporary documentation systems, bridging administrative practices across different technological eras. Its specific date-number combination (November 18, 1998; Law 9705) anchors it within a precise moment in Brazil's legislative history, allowing researchers to contextualize it within the broader fiscal policy trends of the late 1990s.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-11-18;9705)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9705&ano=1998&data=18/11/1998&ato=515kXRU1EeNpWT02f)