# Law No. 10208 of March 23, 2001

> Brazilian law

**Wikidata**: [Q105647639](https://www.wikidata.org/wiki/Q105647639)  
**Source**: https://4ort.xyz/entity/law-no-10208-of-march-23-2001

## Summary
Law No. 10208 of March 23, 2001 (Lei nº 10208, de 23 de março de 2001) is a Brazilian federal statute enacted to regulate the Severance Indemnity Fund (Fundo de Garantia do Tempo de Serviço - FGTS). Promulgated by President Fernando Henrique Cardoso, the law establishes specific criteria, hypotheses, and provisions for the granting and inclusion of benefits within the FGTS system. It serves as a formal legal instrument applicable to the jurisdiction of the Federative Republic of Brazil.

## Key Facts
- **Official Title:** Lei nº 10208, de 23 de março de 2001
- **Classification:** Statute (formal written document that creates law)
- **Date of Promulgation:** March 23, 2001
- **Approving Authority:** Presidency of the Federative Republic of Brazil (Fernando Henrique Cardoso)
- **Jurisdiction:** Brazil
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **Primary Subject:** Fundo de Garantia do Tempo de Serviço (FGTS) / Severance Indemnity Fund
- **Key Topics:** Benefits (Beneficio), Granting/Concession (Concessão), Criteria (Criterios), Hypotheses (Hipotese), Inclusion (Inclusão)
- **Legal Citation:** Lei nº 10208/2001
- **Lexml ID:** urn:lex:br:federal:lei:2001-03-23;10208
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/leis_2001/l10208.htm

## FAQs
**What is the primary purpose of Law No. 10208?**
The law regulates the Fundo de Garantia do Tempo de Serviço (FGTS), focusing on the administrative and legal aspects of benefit concessions, hypotheses for application, and criteria for inclusion.

**Who signed Law No. 10208?**
The statute was promulgated by the Presidency of the Federative Republic of Brazil, specifically under the administration of President Fernando Henrique Cardoso.

**Where does Law No. 10208 apply?**
This statute applies to the entire jurisdiction of Brazil, a federal republic located in South America, and was published in the capital city of Brasília.

**How is this law classified legally?**
It is classified as a statute, which is a formal written document that creates law and serves as a manifestation of statutory law.

## Why It Matters
This statute is a significant component of Brazilian labor and social security legislation because it directly modifies or clarifies regulations surrounding the FGTS (Fundo de Garantia do Tempo de Serviço). The FGTS is a critical financial protection mechanism for Brazilian workers, and laws governing its operation impact the eligibility and distribution of severance benefits. By defining specific "hypotheses" and "criteria" for "inclusion" and "granting," Law No. 10208 provides the legal certainty required for the administration of these funds by the government and the understanding of rights by citizens. It represents the exercise of legislative authority to update social welfare policies during the Cardoso administration.

## Notable For
- **Subject Specificity:** Directly targets the regulation of the FGTS (Severance Indemnity Fund), a cornerstone of Brazilian labor rights.
- **Legislative Classification:** Serves as a concrete example of a "statute" within the Brazilian legal system, formally documented as a manifestation of statutory law.
- **Executive Origin:** Promulgated by Fernando Henrique Cardoso, a notable period in Brazilian history marked by significant economic and legal reforms.
- **Unique Identification:** Possesses a specific Lexml ID (urn:lex:br:federal:lei:2001-03-23;10208), anchoring it in the official Brazilian legislative semantic web.

## Body

### Legal Identity and Classification
Law No. 10208 of March 23, 2001, is formally recognized as a **statute** (statute), defined as a formal written document that creates law. It is an instance of a legal rule enacted by the federal government of Brazil. The document is written in **Brazilian Portuguese** and follows the legal citation format *Lei nº 10208/2001*. Its creation was the result of legislative action, and it functions as a manifestation of statutory law within the Brazilian hierarchy of norms.

### Legislative Authority and Origin
The statute was approved and promulgated by the **Presidency of the Federative Republic of Brazil**. The specific determination method noted is "promulgation," signed by **Fernando Henrique Cardoso**, who served as the President at the time. The origin of this law is traced to **Brazil** (officially the Federative Republic of Brazil), the largest country in South America. The publication occurred in **Brasília**, the federal capital of Brazil, on March 23, 2001.

### Subject Matter and Scope
The law focuses on the administration and regulation of the **Fundo de Garantia do Tempo de Serviço (FGTS)**, translated as the Severance Indemnity Fund. The specific subjects detailed within the statute include:
- **Benefit (Beneficio):** The advantages or payments derived from the fund.
- **Granting/Concession (Concessão):** The administrative act of awarding the benefit.
- **Hypothesis (Hipotese):** The specific legal conditions or scenarios under which the law applies.
- **Criteria (Criterios):** The standards or rules used to judge eligibility.
- **Inclusion (Inclusão):** The act of adding beneficiaries or conditions to the system.

The law applies to the jurisdiction of **Brazil**, binding within its territory which spans approximately 8.5 million km² and borders ten countries.

### Accessibility and Identifiers
The full text of the law is accessible to the public via the official government portal at the **Planalto government website**. It is indexed under the **Lexml Brazil** system with the URN `urn:lex:br:federal:lei:2001-03-23;10208`. This identifier ensures the document is retrievable within the network of legal information systems. The law falls under the scope of the "WikiProject Brazilian Laws," indicating its relevance in organized knowledge management of Brazilian legislation. As a government edict in Brazil, the text is generally part of the public domain.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:2001-03-23;10208)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=10208&ano=2001&data=23/03/2001&ato=422ETVE5kMNpWT67d)