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Brazil
| Title | Class | Number | Date | Published (Date) | Summary |
| Penalties for Crimes Perpetrated by Public Officials | Law | 6799 | 23 June 1980 | Diario oficial (24 June 1980) | Law 6799 of 23/06/80 adds a paragraph to article 327 of Decree Law 2848 of 7/12/40 concerning a special penalty when individuals who commit crimes against the public administration are persons holding positions (in commission or of function) of management or advice in an agency of direct administration, joint economy companies, public enterprise or foundation established by the public power. (10 pvs) |
| Complementary Law 064 of 5/18/90 | Complementary Law | 064 |
18 May 1990 | Diario oficial (21 May 1990) | Complementary Law 064 of 5/18/90 establishes, pursuant to article 14(9) of the Federal Constitution, cases of ineligibility, terms of cessation and other provisions. Law lists cases of ineligibility for any office; for the offices of President and Vice President of the Republic; for Governor and Vice Governor of the state and of the Federal District; for Prefect and Vice Prefect; for the Federal Senate; for congressmen. Jurisdiction of the Electoral Court; authority granted to political parties; penalties for electoral crime. Repeals Complementary Law 5 of 4/29/70. (28 provisions; pp. 9591-9594) |
| - | Law | 8122 | 11 December 1990 | Diario oficial (12 December 1990) | Law 8112 of 12/11/90 adopts provisions concerning the legal system of the civilian public employees of the Union, autonomous agencies and federal public foundations. It deals with preliminary provisions; requirements, vacancy, removal, redistribution and substitution; rights and benefits; holidays, vacations and leaves; disciplinary system; administrative disciplinary procedure; social security, salary and pensions of employees; temporary contract; general, transitory and final provisions. Repeals Law 1711 of 10/28/52. (253 provisions; pp. 23935-23946) |
| - | Law | 8137 | 27 December 1990 | Diario oficial (28 December 1990) | Law 8137 of 12/27/90 defines crimes against tax and economic orders and against consumption relationships. Crimes perpetrated by individuals and by public officials; behavior and actions that can be sanctioned with fines and/or imprisonment; general provisions; aggravating circumstances. Adds and amends articles 163, 172, 316 and 318 and repeals article 279 of Decree-Law 2848 of 12/7/40, Criminal Code. (23 provisions; pp. 25534-25536) |
| - | Law | 8429 | 02 June 1992 | Diario oficial (03 June 1992) | Law 8429 of 6/2/92 adopts provisions concerning application of sanctions to public employees in cases of illegal enrichment in the exercise of the mandate, office, employment or function in the direct, indirect or foundational public administration. Law deals with general provisions; acts of administrative dishonesty; crimes; statement of assets; administrative procedure and judicial process; criminal provisions. Repeals Laws 3164 of 6/1/57 and 3502 of 12/21/58. (25 provisions; pp. 6993-6995) |
| - | Law | 8730 | 10 November 1993 | Diario oficial (11 November 1993) | Law 8730 of 11/10/93 makes it mandatory the declaration of assets, with indication of the sources of revenues, at the moment of taking office, employment or function, at the end of each financial year, and at the end of the administration or mandate by the President and Vice-President of the Republic, Ministers of State, members of the National Congress, members of the Federal Magistrature, members of the Attorney's General Office, and by those exercising elective positions or functions of trust in the administration of any of the powers of the Union. (9 provisions; pp. 16929-16930) |
| - | Decree | 978 | 10 November 1993 | Diario oficial (11 November 1993) | Decree 978 of 11/10/93 regulates article 13 of Law 8429 of 6/2/92. The Decree establishes that except for the special provisions of Law 8730 of 11/1 0/93, the yearly declaration and update of the assets and worth belonging to the patrimony of public officials shall be regulated by the provisions of this Decree; mandatory requirement of presentation of the declaration; penalties in case of violation or non-compliance. (8 provisions; p. 16932) |
| - | Decree | 982 | 12 November 1993 | Diario oficial (16 November 1993) | Decree 982 of 11/12/93 establishes that Tax Auditors of the National Treasury shall notify the Federal Public Ministry crimes of tax nature related to the activities of control and assessment of taxes and contributions, such as misappropriation, unlawful concealment, crime against tax order, smuggling or embezzlement, falsification of public documents, procedural fraud, and other listed therein. Repeals article 1 of Decree 325 o f 11/1/91. (9 provisions; pp. 17145-17146) |
| - | Provisory Measure | 427 | 11 February 1994 | Diario oficial (16 February 1994) | Provisory Measure 427 of 2/11/94 adopts provisions concerning dishonest depositary of taxes, fees and contributions, including social security, belonging to the public finances; a person is considered dishonest depositary when he/she does not deliver to the public finances the amount collected, in the manner and term established in the tax or social security legislation; proof of dishonesty; proceedings. (11 articles; p. 2187) |
| - | Provisory Measure | 449 | 17 March 1994 | Diario oficial (18 March 1994) | Provisory Measure 449 of 3/17/94 adopts provisions concerning the dishonest depositary of the taxes, fees, and contributions belonging to the public finances, including those of social security; a person is considered dishonest when he/she does not deliver the above mentioned revenues to the public treasury in the manner and term specified in the social security or tax legislation. This Measure validates the acts performed pursuant to provisions of Provisory Measure 427 of 2/11/94. (12 articles; p. 3864) |
| - | Law | 8866 | 11 April 1994 | Diario oficial (13 April 1994) | Law 8866 of 4/11/94 adopts provisions concerning disloyal depositary of revenues belonging to the public finances. Depositary of public finances is, pursuant to articles 1282(I) and 1283 of the Civil Code, the person authorized to retain or receive from a third party taxes, contributions, and fees, including those of social security, to be deposited in the public treasury; definition of disloyal depositary; proceedings in case of violations. Validates the acts performed pursuant to Provisory Measure 427 of 2/11/94. (12 articles; p. 5305) |
| - | Complementary Law | 81 | 13 April 1994 | Diario oficial (14 April 1994) | Complementary Law 81 of 4/13/94 amends the text of article 1(I,b) of Complementary Law 64 of 5/18/90 to raise from three to eight years the period of ineligibility for members of the parliament who lost the mandate for lack of parliamentary decorum. (3 articles; p. 5393) |
| - | Provisory Measure | 473 | 19 April 1994 | Diario oficial (20 April 1994) | Provisory Measure 473 of 4/19/94 grants amnesty to civil servants, employees of the direct public federal administration, and employees of government corporations and companies of joint economy under the control of the Union who between the periods of 3/16/90 and 9/30/92 were dismissed or fired in violation of the constitutional or legal provision; were dismissed or fired for political motivation or for interruption of the professional activity resulting from strikes. (9 articles; p. 5781) |
| - | Constitutional Amendment | 4 | 07 June 1994 | Diario oficial (09 June 1994) | Constitutional Amendment of Revision no. 4 (Emenda Constitucional de Revisao) of 6/7/94 amends article 14(9) of the Federal Constitution concerning cases of ineligibility aimed at protecting the administrative integrity and the ethics for the exercise of the mandate. It becomes effective on the date of its publication. (2 articles; pp. 8289-8290) |
| Decree 1171 of 6/22/94 approves the Code of Professional Ethics of the Civilian | Decree | 1171 | 22 June 1994 | Diario oficial (23 June 1994) | Decree 1171 of 6/22/94 approves the Code of Professional Ethics of the Civilian Public Servant of the Federal Executive Power, as appears in the annex; and adopts other administrative measures. (3 articles; pp. 9295-9297) |
| - | Decree | 1387 | 07 February 1995 | Diario oficial (08 February 1995) | Decree 1387 of 2/7/95 specifies instances in which civil servants of the agencies or entities of the Public Federal Administration are authorized to leave the country as listed therein, complying with the regulations in force, specially those contained in Decree 91800 of 10/18/85; role of the "Conselho Nacional de Desenvolvimento Cientifico e Tecnologico". Repeals Decrees 1042 of 1/12/94 and 1055 of 2/11/94. (5 articles; pp. 1645-1646) |
| - | Decree | 1500 | 24 May 1995 | Diario oficial (25 May 1995) | Decree 1500 of 5/24/95 creates, within the jurisdiction of the Ministry of Labor, the "Comissao Especial de Anistia" (Special Commission on Amnesty) to evaluate amnesty requests by employees of the private sector, of public corporations, and partnerships of joint economy, and of union's leaders and representatives, pursuant to article 7 of Law 6683 of 8/28/79 and Law 8632 of 3/4/93. (9 articles; p. 7411) |
| - | Decree | 1498 | 24 May 1995 | Diario oficial (25 May 1995) | Decree 1498 of 5/24/95 establishes, within the jurisdiction of the Ministry of the Federal Administration and Reform of the State, the "Comissao Especial de Revisao dos Processos de Anistia (Special Commission to Review Amnesty Procedures) mentioned in Law 8878 of 5/11/94; specification of functions; members of the Commission. (8 articles; pp. 7409-7410) |
| - | Decree | 1684 | 26 October 1995 | Diario oficial (27 October 1995) | Decree 1684 of 10/26/95 supersedes articles 1(sole paragraph), 2 and 4 of Decree 1648 of 9/27/95 concerning participation of federal public employees in conferences, congresses, and other similar events. (2 articles; p. 17025) |
| - | Law | 9127 | 16 November 1995 | Diario oficial (17 November 1995) | Law 9127 of 11/16/95 amends article 332 of Decree-Law 2848 of 12/7/40 - Criminal Code- concerning fines and prison term for persons who request, demand, charge, or obtain compensation or promise of compensation in exchange of influence in the act performed by a public official in the exercise of his/her function. (3 articles; p.18461) |
| - | Law | 9265 | 12 February 1996 | Diario oficial (13 February 1996) | Law 9265 of 2/12/96 regulates article 5(LXXVII) of the Constitution to state that the acts necessary for the exercise of citizenship are free of charge; these are: acts allowing the citizen to exercise the popular sovereignty, mentioned in article 14 of the Constitution; acts related to military recruitment; request of informations from the public power; acts of contestation of elective mandate for abuse of economic power, corruption or fraud; and requirements or petitions aimed at individual guarantees and defense of the public interest. (3 articles; p. 2405) |
| - | Law | 9297 | 25 July 1996 | Diario oficial (26 July 1996) | Law 9297 of 7/25/96 amends articles 98(3), 117 and 122 of Law 6880 of 12/9/80, Statute of the Military, concerning appointment or admission of military in public offices or jobs; situation of military in active duty that performs a permanent public office or job. Repeals paragraphs XIV and 2 of article 98 of Law 6880 of 1980. (3 articles; p. 13837) (D.O. 96/07/29 -reprint, 3 articles; p. 14021) |
| - | Law | 9613 | March 1998 | - | This
law established within the Finance Ministry the Council on Financial Activities Control
(COAF), which was charged with receiving, investigating and identifying suspicious cases
of illegal activities. The law also requires that companies involved in large-sum
financial transactions register and report to the COAF.
|
| Comissao de Etica Publica | Decree | - | 26 May 1999 | Diario oficial Number:100 (27 May 1999) | Decree of 26 May 1999 creates, within the jurisdiction of the President of the Republic, the "Comissao de Etica Publica" (Commission on Public Ethics) to review the norms related to the ethic behaviour in the Federal Public Administration, to develop and propose the establishment of the Code of Conduct of the Authorities. (5 articles; p. 3) |
| Amendments to the Electoral Code | Law | 9840 | 28 September 1999 | Diario oficial Number:187 (29 September 1999) | Law 9840 of 28 September 1999 adds article 41-A and amends articles 73(5) of Law 9504 of 30 September 1997, and 262(IV) of Law 4737 of 15 July 1965, Electoral Code, concerning penalties and fines for illegal acquisition of votes. Repeals article 96(6) of Law 9504. (5 articles; p. 1) |
| Electoral Anti-corruption Act | - | - | September 1999 | - | The law establishes stiff fines and provides for removal from the electoral registry of candidates who offer money or gifts in exchange for votes. The main purpose of the law is to reform political campaigns and end the common practice of "buying" votes in the interior of the country. |
