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Lei Complementar 95/1998 - Tradução Português-Inglês

A LC 95/98 estabelece normas gerais de legística, que são de grande importância para a redação e tradução jurídica




Visão Geral

No Brasil, a LC nº 95, de 26 de fevereiro de 1998, estabelece normas gerais de legística. Ao definir normas para elaboração, redação, alteração e consolidação das leis, decretos, resoluções e demais atos normativos, a LC 95/98 é de grande valor para a tradução jurídica.


Basta observar o art. 11 da LC 95/98. As diretrizes de redação legislativa expressas nesse artigo são:

  • Clareza e objetividade na redação do texto normativo;

  • Uma linguagem simples, acessível e precisa (evitando sinônimos e abusos estilísticos);

  • Uma estrutura lógica e coerente; e

  • Termos técnicos padronizados.

Acontece que esses pontos são muito importantes não só para legisladores, mas para qualquer profissional de texto, redação, tradução, etc.


A proficiência em tradução jurídica passa, primeiro, pela proficiência em redação jurídica. É preciso conhecer técnicas, convenções, abreviaturas, dentre outros recursos, tanto em português quanto em inglês, espanhol e qualquer idioma-alvo.


Algumas vantagens para tradutores em conhecer a LC 95/98 incluem:

  • Poder contar com uma linguagem uniformizada, aplicada de forma consistente pela técnica legislativa;

  • Saber identificar possíveis erros ou inconsistências em documentos jurídicos a serem traduzidos;

  • Evitar problemas de interpretação ou de ambiguidade nas traduções;

  • Poder garantir qualidade e confiabilidade das traduções de documentos jurídicos, que ganham clareza ao ser redigidos com base em uma norma de referência.

Confira abaixo uma tradução português-inglês da Lei Complementar 95/1998.


Para entender mais sobre a intercessão entre economia, política e linguagem, assine nossa newsletter. Caso você precise agilizar traduções de documentos, contratos e pareceres, entre em contato.


Lei Complementar 95/1998

Tradução português-inglês


Presidency of the Republic

Office of the President's Chief of Staff

Subcabinet for Legal Affairs


SUPPLEMENTARY LAW NO. 95, OF FEBRUARY 26, 1998


Provides for the preparation, drafting, amendment and consolidation of laws, as determined by the sole paragraph of art. 59 of the Federal Constitution, and establishes rules for the consolidation of the normative acts it mentions.


THE PRESIDENT OF THE REPUBLIC announces that the National Congress decrees and I sanction the following law:


CHAPTER I


PRELIMINARY PROVISIONS


Art. 1 The preparation, drafting, amendment, and consolidation of laws shall comply with the provisions of this Complementary Law.


Sole paragraph. The provisions of this Complementary Law also apply to provisional measures and other normative acts referred to in art. 59 of the Federal Constitution, as well as, where applicable, to decrees and other regulatory acts issued by bodies of the Executive Branch.


Art. 2 (vetoed)


§ 1 (vetoed)


§ 2 In the numbering of laws, the following criteria will also be observed:


I - amendments to the Federal Constitution shall be numbered starting from the enactment of the Constitution;


II - supplementary laws, ordinary laws, and delegated laws shall have sequential numbering continuing the series started in 1946.


CHAPTER II


TECHNIQUES FOR PREPARING, DRAFTING, AND AMENDING LAWS


Section I


Structuring of Laws


Article 3 The law shall be structured in three basic sections:


I - preliminary section, including heading, headnote, preamble, statement of the object and description of the scope of application of the normative provisions;


II - normative section, comprising the text containing substantive norms related to the regulated matter;


III - final section, comprising the provisions relevant to the measures necessary for the implementation of the substantive norms, transitional provisions, and the term clause and the repeal clause, if applicable.


Art. 4 The epigraph, capitalized, will provide singular numerical identification to the law and will be formed by the legal title of the norm, its respective number, and year of enactment.


Art. 5 The headnote will consist of characters that highlight it and will explain, in a concise way and in the form of a title, the object of the law.


Art. 6 The preamble will indicate the body or institution which is competent to enact the legal act and its legal basis.


Art. 7 The first article of the text will indicate the object of the law and its scope, observing the following principles:


I - except for legal codes, each law will cover a single object;


II - the law shall not contain any matter foreign to its object or unrelated to it by affinity, pertinence, or connection;


III - the scope of application of the law will be established as specifically as the technical or scientific knowledge of the respective area allows;


IV - the same matter cannot be regulated by more than one law, except when the subsequent one is intended to supplement the law considered basic, being bound to it by express remission.


Art. 8 The effective period of the law will be expressly indicated and shall include a reasonable period for its content to be broadly known. The phrase "enters into force on the date of its publication" shall only be used for laws of minor repercussion.


§ 1 For laws with deferred coming into force, the deferment period shall include the date of publication and the last day of the period, entering into force on the day following the full running of the period. (Included by Supplementary Law No. 107, of 04.26.2001)


§ 2. Laws with a deferred coming into force shall use the phrase ‘this law shall enter into force after (the number of) days of its official publication. (Included by Supplementary Law No. 107, of 04.26.2001)


Art. 9 The repeal clause must expressly list the repealed laws or legal provisions. (Wording given by Supplementary Law No. 107, of 04.26.2001)


Sole paragraph. (VETOED) (Included by Supplementary Law No. 107, of 04.26.2001)


Section II


Articulation and Drafting of Laws


Art 10. Legal texts will be written in compliance with the following principles:


I - the basic unit of articulation will be the article, indicated by the abbreviation "Art", followed by ordinal numbering up to the ninth and cardinal from it;


II - the articles will unfold in paragraphs or in items; the paragraphs in items, the items in paragraphs and the paragraphs in items;


III - the paragraphs will be represented by the graphic sign "§", followed by ordinal numbering up to the ninth and cardinal from this, using, when there is only one, the expression "sole paragraph" in full;


IV - items will be represented by Roman numerals, the subitems by lowercase letters and the items by Arabic numerals;


V - a grouping of articles may constitute Subsections; that of Subsections, the Section; that of Sections, the Chapter; that of Chapters, the Title; that of Titles, the Book and that of Books, the Party;


VI - Chapters, Titles, Books and Parts shall be written in capital letters and identified by Roman numerals, and the latter may be divided into General Part and Special Part or be subdivided into parts expressed in ordinal numeral, in full;


VII - Subsections and Sections will be identified in Roman numerals, written in lowercase letters and bolded or characters that highlight them;


VIII - the composition provided for in item V may also comprise groupings in Preliminary, General, Final or Transitional Provisions, as necessary.


Article 11. The normative provisions will be drafted with clarity, precision and logical order, observing, for this purpose, the following standards:


I - for the sake of clarity:


a) to use words and expressions in their common sense, except when the norm deals with a technical subject, in which case the nomenclature of the area in which it is legislating will be used;


b) to use short and concise sentences;


c) to build sentences in direct order, avoiding preciousness, neologism and dispensable adjectives;


d) to seek the uniformity of verbal tenses throughout the text of legal norms, giving preference to the present tense or the future simple of the present;


e) to use punctuation judiciously, avoiding stylistic abuse;


II - to obtain precision:


a) to articulate the language, technical or common, in order to give a perfect understanding of the purpose of the law and to allow its text to clearly show the content and scope that the legislator intends to give to the norm;


b) to express the idea, when repeated in the text, through the same words, avoiding the use of synonyms for purely stylistic purposes;


c) to avoid the use of expressions or words that give double meaning to the text;


d) to choose terms that have the same meaning and meaning in most of the national territory, avoiding the use of local or regional expressions;


e) to use only acronyms consecrated by the use, observing the principle that the first reference in the text is accompanied by an explanation of its meaning;


f) to write any references to numbers and percentages in full, except dates, law numbers, and in cases when the understanding of the text is harmed; (Wording given by Complementary Law No. 107, of 04.26.2001)


g) to expressly indicate the provision subject to remission, instead of using the expressions‘ previous‘, ‘next’ or equivalent; (Included by Complementary Law No. 107, of 26.4.2001)


III - to obtain logical order:


a) to gather under the categories of aggregation - subsection, section, chapter, title and book - only the provisions related to the subject matter of the law;


b) to restrict the content of each article of the law to a single subject or principle;


c) to express through the paragraphs the complementary aspects to the provisions laid out in the head provision of the article and the exceptions to the rule established by it;


d) to promote discrimination and enumerations through items, subitems and items.


Section III


Amendment of Laws


Art 12. The amendment of the law will be made:


I - through full reproduction in a new text, in the case of a considerable change;


II – upon partial repeal; (Wording given by Complementary Law No. 107, of 04.26.2001)


III - in other cases, by replacing, in the text itself, the changed provision, or adding a new provision, observing the following rules:


a) repealed (Wording given by Supplementary Law No. 107, of 04.26.2001)


b) it is forbidden, even when recommended, any renumbering of articles and units higher than the article, referred to in item V of art. 10, and the same number of the immediately preceding article or unit must be used, followed by capital letters, in alphabetical order, as many as are sufficient to identify the additions; (Wording given by Complementary Law No. 107, of 26.4.2001)


c) the use of the number of provision repealed, vetoed, declared unconstitutional by the Federal Supreme Court or execution suspended by the Federal Senate in the face of a decision of the Federal Supreme Court is prohibited, and the amended law must maintain this indication, followed by the expression ‘repealed‘, ’vetoed‘, ‘declared unconstitutional, under concentrated control, by the Federal Supreme Court’, or ‘execution suspended by the Federal Senate, pursuant to art. 52, X, of the Federal Constitution; (Wording given by Complementary Law No. 107, of 04.26.2001)


d) the internal reordering of the units in which the article unfolds is allowed, identifying the article thus modified by changing the wording, deletion or addition with the capital letters‘ NR ’, in parentheses, once at the end, obeying, when applicable, the requirements of item "c". (Wording given by Supplementary Law No. 107, of 04.26.2001)


Sole paragraph. The term ‘provision’ mentioned in this Law refers to articles, paragraphs, items, subitems or items. (Included by Supplementary Law No. 107, of 04.26.2001)


CHAPTER III


CONSOLIDATION OF LAWS AND OTHER NORMATIVE ACTS


Section I


Consolidation of Laws


Art 13. Federal laws will be gathered in codifications and consolidations, integrated by volumes containing related or related matters, constituting in its entirety the Consolidation of Federal Legislation. (Wording given by Supplementary Law No. 107, of 04.26.2001)


§ 1 The consolidation shall consist of the integration of all laws pertinent to a given matter in a single legal act, formally repealing the laws incorporated into the consolidation, without modification of the scope or interruption of the normative force of the consolidated provisions. (Included by Supplementary Law No. 107, of 04.26.2001)


§ 2 Preserving the original normative content of the consolidated provisions, the following changes may be made in the consolidation bills: (Item included by Complementary Law No. 107, of 04.26.2001)


I – introducing new divisions of the basic legal text; (Item included by Complementary Law No. 107, of 04.26.2001)


II – changing placement and numbering of consolidated articles; (Item included by Complementary Law No. 107, of 04.26.2001)


III – merging repetitive provisions or of identical normative value; (Item included by Complementary Law No. 107, of 04.26.2001)


IV – updating the name of bodies and entities of the public administration; (Item included by Complementary Law No. 107, of 04.26.2001)


V – updating old-fashioned terms and outdated writing modes; (Item included by Complementary Law No. 107, of 04.26.2001)


VI – updating the value of pecuniary penalties, based on standard indexation; (Item included by Complementary Law No. 107, of 04.26.2001)


VII – eliminating ambiguities arising from the misuse of the vernacular; (Item included by Complementary Law No. 107, of 04.26.2001)


VIII – homogenizing terminology; (Item included by Complementary Law No. 107, of 04.26.2001)


IX – suppressing provisions declared unconstitutional by the Federal Supreme Court, observing, as appropriate, the suspension by the Federal Senate of the execution of provisions, pursuant to art. 52, X, of the Federal Constitution; (Item included by Complementary Law No. 107, of 04.26.2001)


X – indicating provisions not approved by the Federal Constitution; (Item included by Complementary Law No. 107, of 04.26.2001)


XI – declaring the repeal of provisions implicitly repealed by subsequent laws. (Included by Supplementary Law No. 107, of 04.26.2001)


§ 3 The measures referred to in items IX, X and XI of § 2 must be expressly and substantively justified, with a precise indication of the sources of information that served as the basis. (Included by Supplementary Law No. 107, of 04.26.2001)


Art 14. For the consolidation referred to in art. 13, the following procedures will be observed: (Wording given by Complementary Law No. 107, of 04.26.2001)


I – The Executive Branch or the Legislative Branch shall proceed with the survey of the federal legislation in force and shall formulate a bill for the consolidation of rules dealing with the same matter or matters related to it, with the precise indication of the legal diplomas expressly or implicitly repealed; (Wording given by Complementary Law No. 107, of April 26, 2001)


II – the appreciation of the consolidation bills by the Legislative Branch will be made in the form of the Internal Regulations of each of its Houses, in a simplified procedure, aiming at speeding up the work; (Wording given by Complementary Law No. 107, of 04.26.2001)


III - the Bureau of the National Congress shall adopt all necessary measures to, within a maximum period of one hundred and eighty days from the receipt of the texts referred to in items I and II, the first publication of the Consolidation of Brazilian Federal Laws.


II - repealed; (Wording given by Supplementary Law No. 107, of 04.26.2001)


Paragraph 1. Provisional measures not yet converted into law shall not be subject to consolidation. (Included by Supplementary Law No. 107, of 04.26.2001)


§ 2 The Board of Directors of the National Congress, any of its Houses and any member or Committee of the Chamber of Deputies, the Federal Senate or the National Congress may formulate a bill of consolidation. (Included by Supplementary Law No. 107, of 04.26.2001)


§ 3 Subject to the provisions of item II of the head provision, a consolidation bill intended exclusively for: (Item included by Complementary Law No. 107, of 04.26.2001)


I – declaring the repeal of laws and provisions implicitly repealed or whose effectiveness or validity is completely impaired; (Item included by Complementary Law No. 107, of 04.26.2001)


II – including sparse provisions or diplomas in pre-existing laws, repealing the provisions thus consolidated in the same terms of § 1 of art. 13. (Included by Supplementary Law No. 107, of 04.26.2001)


(VETOED) (Included by Supplementary Law No. 107, of 04.26.2001)


Art 15. In the first legislative session of each legislature, the Bureau of the National Congress will promote the updating of the Consolidation of Brazilian Federal Laws, incorporating into the collections that integrate the constitutional amendments, laws, legislative decrees and resolutions promulgated during the immediately preceding legislature, systematically ordered and indexed.


Section II


Consolidation of Other Normative Acts


Art 16. The bodies directly subordinate to the Presidency of the Republic and the Ministries, as well as the entities of the indirect administration, shall adopt, within the period established in a decree, the necessary measures to, subject, as appropriate, to the procedure referred to in art. 14, the screening, examination and consolidation of decrees of normative and general content and other lower normative acts in force, linked to the respective areas of competence, referring the consolidated texts to the Presidency of the Republic, which will examine them and gather them in collections, for later publication.


Art 17. The Executive Branch, up to one hundred and eighty days from the beginning of the first year of the presidential term, will promote the updating of the collections referred to in the previous article, incorporating the decrees and acts of normative and general content issued in the last quadrennium into the texts that integrate them.


CHAPTER IV


FINAL PROVISIONS


Art 18. Any formal inaccuracy of a legal provisions processed through a regular legislative procedure does not constitute a valid excuse for non-compliance.


(VETOED) (Included by Supplementary Law No. 107, of 04.26.2001)


Art 19. This Supplementary Law shall enter into force within ninety days from the date of its publication.


Brasília, February 26, 1998; 177th of Independence and 110th of the Republic.


FERNANDO HENRIQUE CARDOSO

Iris Rezende


This text does not replace the one published in the Federal Official Gazette of 27.2.1998.








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