# Law No. 9709 of November 18, 1998

> Brazilian law

**Wikidata**: [Q105647776](https://www.wikidata.org/wiki/Q105647776)  
**Source**: https://4ort.xyz/entity/law-no-9709-of-november-18-1998

## Summary
Law No. 9709 of November 18, 1998, is a Brazilian federal statute that regulates the execution of items I, II, and III of Article 14 of the Constitution of the Federative Republic of Brazil. Promulgated by President Fernando Henrique Cardoso, this law establishes the legal criteria, definitions, and procedures for the exercise of specific constitutional mandates across all levels of the Brazilian government, including states and municipalities.

## Key Facts
- **Official Title:** Lei nº 9709, de 18 de novembro de 1998.
- **Date of Approval:** November 18, 1998.
- **Approving Authority:** Presidency of the Federative Republic of Brazil (Fernando Henrique Cardoso).
- **Legal Classification:** Statute (Lei); a formal written document that creates law.
- **Primary Jurisdiction:** Brazil.
- **Constitutional Basis:** Regulates Article 14, incisos I, II, and III of the Federal Constitution.
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Brasília, the capital of Brazil.
- **LexML Identifier:** urn:lex:br:federal:lei:1998-11-18;9709.
- **Official Citation:** Lei nº 9709/1998.
- **Main Subjects:** Legal devices, consent (approval), incorporation, activity (exercise), federative units, legislation, criteria, regulation, municipalities, creation, and definition.
- **Digital Access:** Available via the official Planalto government portal and LexML Brazil.

## FAQs
**What is the primary purpose of Law No. 9709 of 1998?**
This law serves to regulate the implementation of the first three items of Article 14 of the Brazilian Constitution. It provides the statutory framework for the "exercise" and "incorporation" of legal devices, defining the "criteria" and "definitions" necessary for these constitutional provisions to function at federal, state, and municipal levels.

**Who was responsible for the enactment of this law?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil under President Fernando Henrique Cardoso. It was officially issued in Brasília on November 18, 1998, and is cataloged as part of the country's formal statutory record.

**How can this law be identified in legal research databases?**
Law No. 9709 is identified by the LexML Brazil URN `urn:lex:br:federal:lei:1998-11-18;9709`. It is also commonly cited in legal texts as "Lei nº 9709/1998" and is a featured subject of the WikiProject Brazilian Laws.

## Why It Matters
Law No. 9709 is a foundational instrument in the Brazilian legal system because it bridges the gap between abstract constitutional rights and practical statutory application. By regulating Article 14 of the 1988 Constitution, it ensures that the mandates regarding popular sovereignty and legal "devices" have a clear, documented process for "creation" and "regulation." 

As a "manifestation of statutory law," it provides the definitive reference point for the "exercise" of legal norms within Brazil's complex federative structure, which includes 26 states and a Federal District. This statute ensures that the "criteria" for legal "consent" and "incorporation" are standardized, supporting the rule of law and the democratic functions of the Federative Republic of Brazil.

## Notable For
- **Constitutional Regulation:** Specifically enacted to detail the execution of Article 14 (I, II, and III) of the 1988 Constitution of Brazil.
- **Presidential Promulgation:** Signed into law by Fernando Henrique Cardoso, a key figure in Brazil's post-1988 democratic history.
- **Federative Scope:** Its provisions apply across the entire jurisdiction of Brazil, impacting the legislative "activity" of both "federative units" (states) and "municipalities."
- **Standardized Identification:** Indexed globally through the LexML system, ensuring high findability for legal practitioners and researchers.
- **WikiProject Focus:** Recognized as a significant legal document by the WikiProject Brazilian Laws.

## Body

### Legal Classification and Nature
Law No. 9709 of November 18, 1998, is classified as a **statute**, a formal written document that creates law. In the broader legal taxonomy, it is an instance of a "legal term or legal concept" and a subclass of "written work," "document," and "rule." As a statute, it functions as the concrete manifestation of statutory law, following the progression from "draft laws" to enacted "legislation." 

In accordance with global legal standards, this entity is equivalent to the `https://schema.org/Legislation` class. While this specific law is Brazilian, the class of "statute" it belongs to is notable for being in the public domain in various jurisdictions, such as the United States and France, under the "edict of government doctrine," which posits that official legal enactments should be freely accessible to the public.

### Regulatory Scope and Subjects
The law's primary function is the regulation of Article 14, items I, II, and III of the Brazilian Federal Constitution. Its "law digest" explicitly states that it "REGULAMENTA A EXECUÇÃO" (regulates the execution) of these specific constitutional provisions. The statute covers a wide array of legal subjects, including:
*   **Devices (Law):** The specific legal mechanisms or "dispositivos" governed by the act.
*   **Consent and Approval:** The criteria for "aprovação" (approval) within the legal process.
*   **Incorporation and Creation:** The rules for the "incorporação" and "criação" of legal entities or norms.
*   **Jurisdictional Application:** The law defines how these rules apply to "Estados" (States) and "Municípios" (Municipalities) within the Brazilian federation.

### Historical and Administrative Context
Law No. 9709 was promulgated on November 18, 1998, in Brasília, the capital of Brazil. At the time of its enactment, Brazil was under the presidency of Fernando Henrique Cardoso. The law was published in Brazilian Portuguese, the official language of the country. 

The law exists within the framework of the 1988 Constitution of Brazil, which established the country as a federal republic and a representative democracy. This constitutional era followed the return to democratic governance in 1985. The law is a critical part of the legislative output of the National Congress of Brazil, which consists of the Federal Senate and the Chamber of Deputies.

### Technical Identifiers and Documentation
For the purposes of authority control and legal research, Law No. 9709 is heavily indexed:
*   **LexML Brazil:** It carries the unique persistent identifier `urn:lex:br:federal:lei:1998-11-18;9709`.
*   **Official Citation:** It is officially cited as `Lei nº 9709/1998`.
*   **Online Availability:** The full text of the law is maintained at the official website of the Presidency of the Republic (planalto.gov.br).
*   **Library and Knowledge Graphs:** As a statute, it relates to broader library classifications such as Dewey Decimal 342.057 and 348.02, and is associated with the WikiProject Brazilian Laws.

### Relationship to the Brazilian State
As a federal law, Law No. 9709 applies to the entire territory of Brazil, the fifth-largest nation in the world. It operates within a legal system where the Supreme Federal Court (STF) serves as the highest judicial authority. The law's focus on "federative units" and "municipalities" reflects Brazil's structure as a union of 26 states and one Federal District. By providing "definitions" and "criteria" for the "exercise" of constitutional rights, Law No. 9709 supports the "Ordem e Progresso" (Order and Progress) motto of the Brazilian state by ensuring legislative clarity.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-11-18;9709)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9709&ano=1998&data=18/11/1998&ato=17fITRU1EeNpWT8da)
3. LexML Brasil