Decreto nº 10.139, de 28 de novembro de 2019 — Dispõe sobre a revisão e a consolidação dos atos normativos inferiores a decreto (Decree No. 10,139 of 28 November 2019 — On the review and consolidation of normative acts below decree level)

English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.

Presidency of the Republic

General Secretariat

Deputy Office for Legal Affairs

DECREE No. 10.139, OF 28 NOVEMBER 2019

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(Revoked by Decree No. 12.002, of 2024)

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Provides for the review and consolidation of normative acts lower than a decree.

THE PRESIDENT OF THE REPUBLIC, using the powers conferred on him by art. 84, caput, items IV and VI, subitem "a", of the Constitution, and in view of the provisions of Complementary Law No. 95, of 26 February 1998,

DECREES:

Object and scope of application

Art. 1 This Decree provides for the review and consolidation of normative acts lower than a decree issued by bodies and entities of the direct, autarchic and foundational federal public administration.

§ 1 The provisions of this Decree apply to:

I - ordinances;

II - resolutions;

III - normative instructions;

IV - official letters and notices;

V - normative orientations;

VI - guidelines;

VII - recommendations;

VIII - approval dispatches; and

IX - any other act lower than a decree with normative content.

§ 2 The provisions of this Decree do not apply to:

I - acts whose addressee, natural or legal person, is nominally identified; and

II - recommendations or guidelines whose non-compliance does not entail for the addressees legal consequences, effective or potential.

Admitted types of future normative acts

Art. 2 From the entry into force of this Decree, normative acts lower than a decree shall be issued in the form of:

I - ordinances - normative acts issued by one or more singular authorities;

II - resolutions - normative acts issued by collegiate bodies; or

III - normative instructions - normative acts that, without innovating, guide the execution of the norms in force by public agents.

Sole paragraph. The provisions of the caput do not exclude the possibility of:

(Revoked by Decree No. 10.437, of 2020)

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I - exceptional use of other denominations of normative acts by force of legal requirement; and

(Revoked by Decree No. 10.437, of 2020)

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II - issuance of joint ordinances or resolutions.

(Revoked by Decree No. 10.437, of 2020)

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§ 1 The provisions of the caput do not exclude the possibility of:

(Included by Decree No. 10.437, of 2020)

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I - exceptional use of other denominations of normative acts by force of legal requirement;

(Included by Decree No. 10.437, of 2020)

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II - issuance of joint ordinances, resolutions or normative instructions; or

(Included by Decree No. 10.437, of 2020)

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II - issuance of joint ordinances, resolutions or normative instructions; (Wording given by Decree No. 10.776, of 2021)

III - issuance of personnel ordinances.

(Included by Decree No. 10.437, of 2020)

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III - issuance of ordinances with personnel acts; or (Wording given by Decree No. 10.776, of 2021)

IV - maintenance of the denomination of normative acts issued before the date of entry into force of this Decree. (Included by Decree No. 10.776, of 2021)

§ 2 Personnel ordinances are acts referring to nominally identified public agents.

(Included by Decree No. 10.437, of 2020)

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§ 2 The personnel acts referred to in item III of § 1 are the acts referring to public agents nominally identified. (Amended by Decree No. 10,776, of 2021)

Numbering of normative acts

Art. 3 The ordinances and resolutions shall have sequential numbering continuing the series in progress when this Decree enters into force.

Art. 3 The ordinances, resolutions and normative instructions shall have sequential numbering continuing the series in progress when this Decree enters into force.

(Amended by Decree No. 10,437, of 2020)

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§ 1 In the event of merger or division of bodies, entities or administrative units, it shall be permitted to restart the numerical sequence or adopt the sequence of one of the originating bodies, entities or administrative units.

§ 2 The mere change of body or entity to which the administrative unit is linked shall not entail restarting the numerical sequence.

§ 3 Personnel ordinances shall have a distinct sequential numbering, which shall restart each year, and shall not contain a summary.

(Included by Decree No. 10,437, of 2020)

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§ 3 Ordinances with personnel acts: (Amended by Decree No. 10,776, of 2021)

I - shall have a distinct sequential numbering, which shall restart each year; (Included by Decree No. 10,776, of 2021)

II - shall not contain a summary; and (Included by Decree No. 10,776, of 2021)

III - shall be designated, in the heading, with the denomination 'ORDINANCE'. (Included by Decree No. 10,776, of 2021)

"Structure, articulation, drafting and formatting

Art. 3-A. Normative acts lower than a decree shall follow the standards of structure, articulation, drafting and formatting established in Decree No. 9,191, of 1 November 2017.

(Included by Decree No. 10,437, of 2020)

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"Heading

Art. 3-B The heading of normative acts lower than a decree shall consist of the following elements, in this order:

(Included by Decree No. 10,437, of 2020)

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I - title designating the normative species;

(Included by Decree No. 10,437, of 2020)

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II - acronym:

(Included by Decree No. 10,437, of 2020)

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a) of the body or entity; or

(Included by Decree No. 10,437, of 2020)

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b) of the unit of the signatory authority, followed by the acronym of the body or entity to which it is linked; or

(Included by Decree No. 10,437, of 2020)

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c) of the immediate unit of the signatory authority, followed by the acronym of the superior unit of that authority, and the acronym of the body or entity to which they are linked;

(Included by Decree No. 10,437, of 2020)

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III - sequential numbering, observing the provisions of art. 3; and

(Included by Decree No. 10,437, of 2020)

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IV - date of signature.

(Included by Decree No. 10,437, of 2020)

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Sole paragraph. The acronyms used shall be those used in the Organizational Information System of the Federal Government - SIORG.

Publication, effectiveness and production of effects of the act

Art. 4 Normative acts shall establish a certain date for their entry into force and for their production of effects:

I - of, at minimum, one week after the date of their publication; and

II - always on the first day of the month or on its first business day.

Sole paragraph. The provisions of this article do not apply to cases of urgency justified in the administrative record.

Institution of the review and consolidation of normative acts

Art. 5 The review and consolidation of all normative acts lower than a decree is determined.

Competence to review and consolidate

Art. 6 The competence to review and consolidate normative acts is:

I - of the body or entity that issued them;

II - of the body or entity that assumed the competences of the extinct body or entity that issued them; or

III - of the body or entity with competence over the substantive matter, when it is not possible to identify the responsible body or entity, as provided in item II.

Sole paragraph. The provisions of this article apply to identify the bodies and entities responsible for:

I - interacting and carrying out the work of revision and consolidation of joint normative acts; and

I - repealing normative acts.

Content of the revision of acts

Art. 7 The revision of acts shall result in:

I - the express repeal of the act;

II - the revision and issuance of a consolidated act on the matter with express repeal of the previous acts; or

II - the revision and issuance of a consolidated act on the matter with express repeal of the previous acts; (Wording given by Decree No. 10,776, of 2021)

II-A - the conclusion regarding the need for a deeper revision of the act in force, including the possibility of substantive changes; or (Included by Decree No. 10,776, of 2021)

III - the conclusion that the act in force complies with the consolidation rules and the provisions of the sole paragraph of art. 13.

§ 1 The consolidation referred to in item II of the caput shall consist of the gathering of normative acts on a given matter into a single legal instrument, with the express repeal of the normative acts incorporated into the consolidation.

§ 2 The different denomination of normative acts on the same matter does not remove the obligation to consolidate them into a single act.

Express repeal of acts

Art. 8 The express repeal of norms is mandatory:

I - already tacitly repealed;

II - whose effects have been exhausted over time; and

III - in force, whose necessity or meaning could not be identified.

§ 1 In the cases provided for in the caput, the repeal of joint normative acts may be carried out by an act of only the body or entity that forwarded the act to be repealed for publication, provided that there is consent from the other signatories. (Included by Decree No. 10,776, of 2021)

§ 2 The repeal of old normative acts with practical difficulties of identification may be carried out by the body or entity through the provision for the repeal of all normative acts prior to a certain date, provided that: (Included by Decree No. 10,776, of 2021)

I - the repeal date does not cover normative acts published after 5 October 1988; and (Included by Decree No. 10,776, of 2021)

II - the repealing act provides for a vacatio legis of at least three months. (Included by Decree No. 10,776, of 2021)

Consolidation procedures

Art. 9 The consolidation shall include the improvement of the legislative technique of the act, including:

I - introduction of new divisions of the basic legal text;

II - merger of repetitive provisions or provisions with identical normative value;

III - updating the denomination of bodies and entities of the federal public administration;

IV - updating outdated terms and language;

V - elimination of ambiguities;

VI - terminological homogenization of the text; and

VII - removal of the provisions referred to in art. 8.

Internal competence to revise and consolidate

Art. 10. It is incumbent upon the heads of bodies and entities to define the competences and the detailing of the procedures for the work of revision and consolidation.

§ 1 It is incumbent upon the head of the body or entity to designate a public servant to monitor the work of normative revision and consolidation in all units of the body or entity.

§ 2 The participation of the legal unit of the body or entity is mandatory in the work of revision and consolidation of normative acts within the competence of a Minister of State or of a collegiate body in which the Minister of State participates.

Phases of revision and consolidation

Art. 11. The revision and consolidation shall have the following phases:

I - screening;

II - examination; and

III - consolidation or repeal.

Sole paragraph. The provisions of the caput do not remove the possibility that, after examination, the body or entity concludes that in some specific normative acts there is nothing to revise or consolidate. (Included by Decree No. 10,776, of 2021)

Disclosure of revision work

Art. 12. The bodies and entities shall disclose on their electronic site, by 30 April 2020, the

list with the

normative acts inferior to decree.

Art. 12. The bodies and entities shall disclose on their electronic site, by 31 July 2020, the list with the normative acts inferior to decree. (Wording given by Decree No. 10,310, of 2020)

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Art. 12. The bodies and entities shall publish, by means of an ordinance of their highest authority, by 30 September 2020, the complete list of normative acts inferior to decree in force.

(Wording given by Decree No. 10,437, of 2020)

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Sole paragraph. The disclosure, in the form provided for in the caput, does not require the simultaneous presentation of results of revision and consolidation.

Examination

Art. 13. The examination consists of analyzing and adapting normative acts inferior to decrees in order to separate them by thematic relevance.

Sole paragraph. In the examination phase, the bodies and entities shall verify whether the form of the acts classified as in force in the screening phase observe, as to the technique of elaboration, drafting and amendment of normative acts:

I - the provisions of Decree No. 9,191, of 1 November 2017;

II - the provisions on normative elaboration, in particular those provided for in:

a) Complementary Law No. 95, of 26 February 1998;

b) Complementary Law No. 123, of 14 December 2006;

c) Law No. 13,726, of 8 October 2018; and

d) Law No. 13,874, of 20 September 2019; and

III - isonomy, prospectivity, controllability, reasonableness and proportionality.

Licenses or authorizations for imports or exports

(Included by Decree No. 11,187, of 2022)

Art. 13-A. Without prejudice to the other requirements set forth in this Decree, normative acts on the imposition of licenses or authorizations as a requirement for imports or exports due to characteristics of the goods shall precisely identify, based on such characteristics, which goods are subject to the licensing or authorization processes. (Included by Decree No. 11,187, of 2022)

§ 1º Whenever possible, the identification referred to in the caput shall have as reference the classification of the goods in the Mercosur Common Nomenclature - NCM. (Included by Decree No. 11,187, of 2022)

§ 2º The provisions of this article do not apply to norms of a tax or customs nature within the competence of the Special Secretariat of the Federal Revenue of Brazil of the Ministry of Economy. (Included by Decree No. 11,187, of 2022)

Deadlines for review and consolidation

Art. 14. The body or entity referred to in the caput of art. 1 shall establish deadlines, in an ordinance of its highest authority, for the publication of the revised and consolidated norms, whose acts shall be divided by thematic relevance, which shall be published in stages, observing the following deadlines:

I - first stage - until 29 May 2020;

II - second stage - until 31 August 2020;

III - third stage - until 30 November 2020;

IV - fourth stage - until 26 February 2021; and

V - fifth stage - until 31 May 2021.

I - first stage - until 31 August 2020;

(Text given by Decree No. 10,310, of 2020)

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II - second stage - until 30 November 2020;

(Text given by Decree No. 10,310, of 2020)

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III - third stage - until 26 February 2021;

(Text given by Decree No. 10,310, of 2020)

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IV - fourth stage - until 31 May 2021; and

(Text given by Decree No. 10,310, of 2020)

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V - fifth stage - until 31 August 2021.

(Text given by Decree No. 10,310, of 2020)

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Art. 14. The body or entity referred to in the caput of art. 1 shall establish deadlines, by means of an ordinance of its highest authority, for the publication of the revised and consolidated norms in the Official Gazette of the Union, whose acts shall be divided into specific stages, observing the following deadlines:

(Text given by Decree No. 10,437, of 2020)

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I - first stage - until 30 November 2020;

(Text given by Decree No. 10,437, of 2020)

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II - second stage - until 26 February 2021;

(Text given by Decree No. 10,437, of 2020)

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III - third stage - until 31 May 2021;

(Text given by Decree No. 10,437, of 2020)

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IV - fourth stage - until 31 August 2021; and

(Text given by Decree No. 10,437, of 2020)

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V - fifth stage - until 30 November 2021.

(Text given by Decree No. 10,437, of 2020)

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V - fifth stage - until 31 March 2022. (Text given by Decree No. 10,776, of 2021)

Sole paragraph. The deadline for review and consolidation of joint normative acts and those that fall under the hypothesis provided for in item II-A of the caput of art. 7 is 1 August 2022. (Included by Decree No. 10,776, of 2021)

Disclosure of the review and consolidation phases

(Text given by Decree No. 10,437, of 2020)

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Art. 15. The reviewing body or entity shall disclose, on its electronic site, by the dates referred to in the caput of art. 14:

I - the total number of acts in force or not expressly revoked before the examination stage on the matters that will be included in that consolidation stage;

II - the total number of acts expressly revoked after the examination; and

III - the list of all acts on the matter after the examination.

Sole paragraph. The monitoring of normative consolidation shall be carried out by the Special Secretariat for Modernization of the State of the General Secretariat of the Presidency of the Republic, which shall also disclose the results on the "gov.br" portal.

(Revoked by Decree No. 10,437, of 2020)

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Art. 15. For the purpose of disclosing the deliverables of each review and consolidation stage on the gov.br electronic portal, the body or entity referred to in the caput of art. 1 shall send, by the dates referred to in art. 14, to the Special Secretariat for Modernization of the State of the General Secretariat of the Presidency of the Republic the total quantity of:

(Text given by Decree No. 10,437, of 2020)

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I - acts in force or not expressly revoked included in that consolidation stage;

(Text given by Decree No. 10,437, of 2020)

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II - acts expressly revoked after the examination;

(Text given by Decree No. 10,437, of 2020)

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III - acts reviewed and considered in force at the end of that consolidation stage; and

(Text given by Decree No. 10,437, of 2020)

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IV - acts consolidated in that stage.

(Text given by Decree No. 10,437, of 2020)

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Disclosure of normative acts on the internet

Art. 16. The bodies and entities shall disclose all their normative acts on the internet.

Art. 16. The bodies and entities shall disclose all their normative acts on the gov.br electronic portal.

(Text given by Decree No. 10,437, of 2020)

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§ 1 Normative acts shall be disclosed:

I - with a record in the body of the act of the amendments made by sparse norms, of the revocations of provisions and of the suspensions or invalidations by judicial determination with erga omnes effect;

II - in hypertext markup language standard;

III - at a permanent and unique access address per act; and

IV - on an electronic site that covers all acts of the body or entity. (Revoked by Decree No. 11,243, of 2022)

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§ 2 The deadline for disclosure, in the form provided for in this article, of the record in the body of the act of the amendments referred to in item I of § 1 is one business day, counted from the date of publication of the normative act in the Official Gazette of the Union and, in the event of suspension or invalidation of the normative act by judicial determination, five business days, counted from the date of communication by the body or entity.

§ 2 The deadline for disclosure, in the form provided for in this article, of the record in the body of the act of the amendments referred to in item I of § 1 is one business day, counted from the date of entry into force of the normative act and, in the event of suspension or invalidation of the normative act by judicial determination, five business days, counted from the date of communication by the body or entity.

(Text given by Decree No. 10,437, of 2020)

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§ 3 All bodies and entities shall disclose daily a summary of the norms published in the Official Gazette of the Union.

§ 4 The Subchief for Legal Affairs of the General Secretariat of the Presidency of the Republic shall provide for the complementary norms for the disclosure referred to in this article in a uniform and centralized manner by the bodies and entities of the federal public administration.

Request for review and consolidation

Art. 17. Any person may request:

I - disclosure of normative acts on the electronic site of the body or entity;

I - disclosure of normative acts on the gov.br electronic portal by the body or entity;

(Text given by Decree No. 10,437, of 2020)

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II - inclusion of a normative act in normative consolidation; and

III - adaptation of a normative act that is in disagreement with the norms provided for in this Decree.

Sole paragraph. The request referred to in the caput shall be made, preferably, by means of

a suggestion form available in the Ombudsman System of the Federal Executive Branch - e-Ouv.

Non-compliance with the norms provided for in this Decree

Art. 18. The non-consolidation of the normative act has as a consequence the prohibition to public agents: (Production of effects)

(Revoked by Decree No. 11,148, of 2022)

I - of application of a fine for unlawful conduct typified only in the non-consolidated norm; and

(Revoked by Decree No. 11,148, of 2022)

II - of denial of continuation or of rejection of an administrative request based exclusively on non-compliance with a requirement contained only in a non-consolidated norm.

(Revoked by Decree No. 11,148, of 2022)

§ 1º If, after being notified of the irregularity, the offender does not regularize the situation within one month, the provisions of item I of the caput shall cease to apply.

(Revoked by Decree No. 11,148, of 2022)

§ 2º Except as provided in the caput, the mere violation of a rule, guideline or procedure of this Decree does not constitute a valid excuse for non-compliance with the norm.

(Revoked by Decree No. 11,148, of 2022)

§ 3º The provisions of this article do not apply:

(Included by Decree No. 10,776, of 2021)

(Revoked by Decree No. 11,148, of 2022)

I - in the case provided for in the sole paragraph of art. 11; or

(Included by Decree No. 10,776, of 2021)

(Revoked by Decree No. 11,148, of 2022)

II - to normative acts published after the date of entry into force of this Decree.

(Included by Decree No. 10,776, of 2021)

(Revoked by Decree No. 11,148, of 2022)

Art. 18-A. The mere violation of a rule, guideline or procedure of this Decree does not constitute a valid excuse for non-compliance with the norm. (Included by Decree No. 11,148, of 2022)

Future revisions and consolidations

Art. 19. The maintenance of normative consolidation is mandatory by means of:

I - carrying out an amendment to the consolidated norm each time a new act with a theme related to it is issued; and

II - repetition of the normative revision and consolidation procedures provided for in this Decree at the beginning of the first year of each presidential term, with completion by the second year of the presidential term.

Final publication of each consolidation

(Included by Decree No. 10,776, of 2021)

Art. 19-A. The bodies and entities shall issue an act with the list of norms in force until:

(Included by Decree No. 10,776, of 2021)

I - 1 September 2022, for the norms in force on 1 August 2022; and

(Included by Decree No. 10,776, of 2021)

II - the end of the second year of each presidential term, for the norms in force until 30 November of the second year of said term.

(Included by Decree No. 10,776, of 2021)

Transitional provisions

Art. 20. The use of types of normative acts not provided for in the caput of art. 2 shall be permitted in the body or entity with a different tradition until 30 November 2020.

Art. 20. The use of types of normative acts not provided for in the caput of art. 2 shall be permitted in the body or entity with a different tradition until 26 February 2021.

(Wording given by Decree No. 10,310, of 2020)

(Effectiveness)

(See Decree No. 10,437, of 2020)

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(Revoked by Decree No. 10,437, of 2020)

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Sole paragraph. The issuance of consolidated normative acts under the terms established in this Decree, regardless of the time of publication, shall observe the provisions of art. 2.

(Revoked by Decree No. 10,437, of 2020)

Effectiveness

Art. 21. The bodies and entities of the federal public administration shall have until 1 June 2021 to adapt to the provisions of art. 16.

Art. 21. The bodies and entities of the federal public administration shall have until 1 September 2021 to adapt to the provisions of art. 16.

(Wording given by Decree No. 10,310, of 2020)

(Effectiveness)

Art. 21. The bodies and entities of the federal public administration shall have until 1 December 2021 to adapt to the provisions of art. 16.

(Wording given by Decree No. 10,437, of 2020)

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Art. 21. The bodies and entities of the federal public administration shall have until 1 August 2022 to adapt to the provisions of art. 16.

(Wording given by Decree No. 10,776, of 2021)

Art. 21. The bodies and entities of the federal public administration shall have until 1 December 2023 to adapt to the provisions of art. 16. (Wording given by Decree No. 11,148, of 2022)

Art. 22. The provisions of the caput of art. 18 shall only take effect as of 1 June 2021.

Art. 22. The provisions of the caput of art. 18 shall only take effect as of 1 September 2021.

(Wording given by Decree No. 10,310, of 2020)

(Effectiveness)

Art. 22. The provisions of the caput of art. 18 shall only take effect from 1 December 2021.

(Amended by Decree No. 10.437, of 2020)

Effective date

Art. 22. The provisions of the caput of art. 18 shall only take effect from 1 September 2022.

(Amended by Decree No. 10.776, of 2021)

(Repealed by Decree No. 11.148, of 2022)

Effective date

Art. 23. This Decree enters into force on 3 February 2020.

Brasília, 28 November

2019; 198th of Independence and

131st of the Republic.

JAIR MESSIAS BOLSONARO

Paulo Guedes Jorge Antonio de Oliveira Francisco

This text does not replace the one published in the DOU of 29.11.2019

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