# Law No. 9714 of November 25, 1998

> Brazilian law

**Wikidata**: [Q105647779](https://www.wikidata.org/wiki/Q105647779)  
**Source**: https://4ort.xyz/entity/law-no-9714-of-november-25-1998

## Summary
Law No. 9714 of November 25, 1998 is a Brazilian statute that amends provisions of the Brazilian Penal Code (Decreto-Lei No. 2.848 of December 7, 1940). Promulgated by President Fernando Henrique Cardoso, it introduces legal modifications related to limitations, rights, and procedural requirements in Brazilian criminal law.

## Key Facts
- **Title:** Lei nº 9714, de 25 de novembro de 1998
- **Type:** Brazilian federal statute
- **Promulgation Date:** November 25, 1998
- **Promulgated By:** President Fernando Henrique Cardoso
- **Jurisdiction:** Applies to the entire territory of Brazil
- **Language:** Written in Brazilian Portuguese
- **Main Subject:** Amends the Brazilian Penal Code (Decreto-Lei No. 2.848/1940)
- **Key Topics Covered:** Limitations, device requirements, hypotheses, suspensions, replacements, rights, changes, work for hire, design requirements, and criteria
- **Legal Citation:** Lei nº 9714/1998
- **Publication Location:** Brasília, Brazil
- **Official Source:** Published in the Official Gazette and available at [Planalto.gov.br](https://www.planalto.gov.br/ccivil_03/leis/l9714.htm)
- **LexML Brazil ID:** urn:lex:br:federal:lei:1998-11-25;9714
- **Wikidata Description:** Brazilian law
- **WikiProject:** Part of WikiProject Brazilian Laws

## FAQs

**What does Law No. 9714 of November 25, 1998 modify?**
Law No. 9714 amends specific provisions of the Brazilian Penal Code (Decreto-Lei No. 2.848 of December 7, 1940). It introduces changes related to legal limitations, procedural requirements, and various legal concepts such as suspensions, replacements, and rights within the criminal justice system.

**Who approved Law No. 9714?**
The law was approved and promulgated by President Fernando Henrique Cardoso on November 25, 1998, during his presidency of the Federative Republic of Brazil.

**What are the main subjects addressed by this law?**
The law primarily addresses legal limitations, device requirements, hypotheses, suspensions, replacements, rights, changes, work for hire, design requirements, and criteria within the context of Brazilian criminal law.

**Where can the full text of Law No. 9714 be found?**
The complete text of the law is available on the official Brazilian government website at [Planalto.gov.br](https://www.planalto.gov.br/ccivil_03/leis/l9714.htm) and through the LexML Brazil legal information system.

**What is the significance of the LexML Brazil ID?**
The LexML Brazil ID (urn:lex:br:federal:lei:1998-11-25;9714) serves as a unique identifier for this law within Brazil's legal information system, facilitating standardized reference and retrieval of the legal text.

## Why It Matters
Law No. 9714 of November 25, 1998 represents an important modification to Brazil's criminal legal framework. By amending the Brazilian Penal Code, it helps modernize and clarify legal procedures, limitations, and requirements within the criminal justice system. This law is particularly significant for legal professionals, judges, and law enforcement as it provides updated guidelines for handling various legal situations. Its provisions affect how legal limitations are applied, how rights are protected, and how procedural requirements are met in criminal cases. As part of Brazil's evolving legal system, this statute contributes to the ongoing development of criminal law in the country.

## Notable For
- **Amendment to Brazilian Penal Code:** Modifies the foundational criminal code of Brazil
- **Presidential Promulgation:** Approved by President Fernando Henrique Cardoso
- **Comprehensive Legal Scope:** Addresses multiple legal concepts including limitations, rights, and procedural requirements
- **Official Legal Documentation:** Published in Brazil's official legal information systems
- **Part of Brazilian Legal History:** Represents ongoing legal reforms in Brazil's criminal justice system

## Body

### Legal Context and Promulgation
Law No. 9714 of November 25, 1998 is a federal statute of Brazil that amends provisions of the Brazilian Penal Code (Decreto-Lei No. 2.848 of December 7, 1940). The law was promulgated by President Fernando Henrique Cardoso, who served as President of the Federative Republic of Brazil from 1995 to 2002. This statute represents one of the legal reforms implemented during his administration to update and clarify aspects of Brazil's criminal legal framework.

### Content and Scope
The law addresses several key legal concepts within the context of Brazilian criminal law:
- **Limitations:** Modifies legal time constraints and restrictions
- **Device Requirements:** Updates procedural and technical requirements
- **Hypotheses:** Clarifies legal assumptions and scenarios
- **Suspensions:** Adjusts provisions related to legal suspensions
- **Replacements:** Introduces changes to substitution procedures
- **Rights:** Protects and defines legal rights within criminal proceedings
- **Changes:** Implements various legal modifications
- **Work for Hire:** Addresses legal aspects of service provision
- **Design Requirements:** Updates technical and procedural specifications
- **Criteria:** Establishes new legal standards and benchmarks

### Legal Classification and Identification
Law No. 9714 is classified as a statute (lei) within the Brazilian legal system. It has the following official identifiers:
- **Legal Citation:** Lei nº 9714/1998
- **LexML Brazil ID:** urn:lex:br:federal:lei:1998-11-25;9714
- **Wikidata Description:** Brazilian law
- **WikiProject:** Part of WikiProject Brazilian Laws

### Publication and Availability
The law was officially published in Brasília, the capital of Brazil, on November 25, 1998. The full text is available through multiple official sources:
- **Official Government Website:** [Planalto.gov.br](https://www.planalto.gov.br/ccivil_03/leis/l9714.htm)
- **LexML Brazil:** Legal information system that provides standardized access to Brazilian legislation
- **Presidency Legislation Portal:** [Legislação.presidencia.gov.br](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9714&ano=1998&data=25/11/1998&ato=71cgXSU1EeNpWT762)

### Language and Jurisdiction
The law is written in Brazilian Portuguese, the official language of Brazil. It applies to the entire federal jurisdiction of Brazil, affecting criminal legal procedures throughout the country. As a federal law, it takes precedence over state and municipal regulations in matters of criminal law.

### Historical Context
This law was promulgated during a period of legal reform in Brazil. The 1990s saw significant changes to Brazil's legal system following the promulgation of the 1988 Constitution, which established the current democratic framework. Law No. 9714 contributes to the ongoing modernization of Brazil's criminal justice system by updating provisions of the Penal Code that had been in place since 1940.

### Related Legal Concepts
The law interacts with several fundamental legal concepts in Brazilian jurisprudence:
- **Statutory Law:** As a formal written document creating law
- **Criminal Procedure:** Affecting how criminal cases are processed
- **Legal Rights:** Defining and protecting rights within criminal proceedings
- **Legal Limitations:** Establishing time constraints and restrictions
- **Judicial Interpretation:** Providing guidelines for how courts should interpret and apply the law

### Impact on Brazilian Legal System
Law No. 9714 has had a lasting impact on Brazil's criminal justice system by:
- **Modernizing Legal Procedures:** Updating outdated provisions of the Penal Code
- **Clarifying Legal Concepts:** Providing clearer definitions for legal terms and procedures
- **Protecting Rights:** Enhancing the protection of legal rights within criminal proceedings
- **Standardizing Practices:** Creating consistent legal standards across Brazil's jurisdiction
- **Facilitating Legal Research:** Through its inclusion in official legal databases and information systems

### Comparison with Other Legal Reforms
This law is part of a broader pattern of legal reforms in Brazil during the late 20th and early 21st centuries. Other significant legal changes during this period include:
- **Constitution of 1988:** Established the current democratic framework
- **Various Penal Code Amendments:** Updating criminal laws to reflect modern societal needs
- **Judicial Reforms:** Improving the efficiency and accessibility of the justice system
- **Human Rights Legislation:** Strengthening protections for individual rights

Law No. 9714 contributes to this ongoing process of legal modernization by specifically addressing procedural and substantive aspects of criminal law that required updating to meet contemporary legal standards and societal expectations.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-11-25;9714)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9714&ano=1998&data=25/11/1998&ato=71cgXSU1EeNpWT762)
3. LexML Brasil