Official decree document with Brazilian government letterhead and stamp

Official Brazilian government document with letterhead and stamp, used to publish decrees and normative acts.

About this subject

A decree is an administrative act under the exclusive authority of the head of the Executive branch, whether federal, state, or municipal. In Brazil, federal decrees are signed by the President and published in the Official Gazette (Diário Oficial da União). They serve to regulate laws, appoint officials, create committees, or establish general norms. The official document features the Republic's coat of arms and the issuing agency's name, ensuring authenticity and formality. The stamp, often accompanied by the minister's or secretary's signature, validates the act. Historically, the use of letterhead and stamps dates back to the imperial period, when the royal seal was applied to official documents. Today, most decrees are published electronically, but physical versions are still produced for archiving and ceremonies. The drafting process involves legal review by the Attorney General's Office (AGU) and revision by the Civil House. A recent example is Decree No. 11,000 of 2022, which established the Tax Recovery Program. The typical structure includes a summary, preamble with legal basis, dispositive section with articles and clauses, and closing with date and signature. The letterhead follows security standards, such as watermarks and microprints, to prevent counterfeiting. The stamp can be dry (embossed) or wet (ink), both with official design. In Brazil, the Access to Information Law (Law No. 12,527/2011) guarantees transparency of these documents, allowing any citizen to request copies. Digitization of historical collections, such as those at the National Archives, preserves decrees from the Empire onward. Interestingly, the largest decree ever published in Brazil was Decree No. 9,000 of 1910, which regulated immigration. Layout follows the Presidential Office's Writing Manual, which standardizes fonts, margins, and spacing. At signing ceremonies, the document is displayed on a lectern with the coat of arms in the background, reinforcing the solemnity of the act.

Frequently Asked Questions

What is the difference between a decree and a law?

A law is approved by the Legislative branch (National Congress) and sanctioned by the Executive. A decree is an exclusive act of the Executive to regulate a law, appoint officials, or establish administrative norms, without requiring legislative approval.

Where can I find Brazilian federal decrees?

On the Official Gazette website (DOU) and the Legislation Portal (www4.planalto.gov.br/legislacao). The National Archives also provide digitized historical collections.

Is the stamp on official documents still mandatory?

Yes, for physical versions. The stamp ensures authenticity and validity. For electronic versions, digital signatures replace stamps, as established by Provisional Measure No. 2,200-2/2001, which created the Brazilian Public Key Infrastructure (ICP-Brasil).