# Law No. 5396 of February 26, 1968

> Brazilian law

**Wikidata**: [Q105649894](https://www.wikidata.org/wiki/Q105649894)  
**Source**: https://4ort.xyz/entity/law-no-5396-of-february-26-1968

## Summary
Law No. 5396 of February 26, 1968 is a Brazilian federal statute that amends Decree-Law 200 of February 25, 1967 by adding specific items to its Article 165. It was promulgated during the presidency of Artur da Costa e Silva and applies to the entire jurisdiction of Brazil. The law is formally cited as *Lei nº 5396/1968* and its full text is published in Brazilian Portuguese.

## Key Facts
- **Full Title:** Lei nº 5396, de 26 de fevereiro de 1968
- **Date Enacted:** February 26, 1968
- **Jurisdiction:** Brazil (applies to the Federative Republic of Brazil)
- **Legal Nature:** Statute (formal written document that creates law)
- **Primary Action:** Adds items to Article 165 of Decree-Law 200, dated February 25, 1967
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **President at Promulgation:** Artur da Costa e Silva
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **Standard Legal Citation:** Lei nº 5396/1968
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1968-02-26;5396
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/l5396.htm
- **Wikidata Description:** Brazilian law
- **Wikimedia Project Focus:** Part of WikiProject Brazilian Laws
- **Main Subjects (as classified):** Content, Ministry of the Navy of Brazil, Brazilian Army, participant, change, political party, Ministry of Aeronautics of Brazil

## FAQs
**What is the core function of Law 5396/1968?**
This law functions as a legislative amendment. Its sole stated purpose is to add new items to Article 165 of the earlier Decree-Law 200 from February 25, 1967, thereby modifying the content of that existing statute.

**Who was responsible for enacting this law?**
The law was promulgated by the Presidency of the Federative Republic of Brazil. The head of state and government at the time of its enactment on February 26, 1968, was President Artur da Costa e Silva.

**What government entities are directly referenced in the law's metadata?**
The law's structured data associates it with several specific federal entities: the Ministry of the Navy of Brazil (Marinha), the Brazilian Army (Exército), the Ministry of Aeronautics of Brazil (Aeronáutica), as well as broader concepts like "participant," "change," "political party," and "content."

**Where can the official, authoritative text of this law be accessed?**
The complete, official text of Law 5396/1968 is available at the Brazilian federal government's official legislation portal at the URL: https://www.planalto.gov.br/ccivil_03/leis/l5396.htm. It is also cataloged in the national LexML system under the identifier urn:lex:br:federal:lei:1968-02-26;5396.

**How is this law formally cited in legal contexts?**
In Brazilian legal practice and documentation, this statute is formally cited using its standard legal citation: *Lei nº 5396/1968*. This format combines the law number with its year of enactment.

## Why It Matters
Law No. 5396/1968 is a functional component of Brazil's statutory legal system, representing a specific amendment to an existing foundational decree-law from the previous year (Decree-Law 200/1967). Its significance lies in its role as a modifying instrument within the body of federal legislation, demonstrating the continuous process of legal refinement. By adding items to Article 165, it directly alters the operational or structural details governed by that article, which per its associated metadata, pertains to areas involving the Navy, Army, and Aeronautics ministries, as well as concepts of participation, change, and political parties. This places it within the context of Brazil's military-era legislation (1964-1985), a period marked by significant centralization and restructuring of state institutions. As a published federal statute from the capital, Brasília, it contributes to the official, public domain record of Brazilian law, ensuring transparency and accessibility as mandated by the "edict of government doctrine." Its inclusion in WikiProject Brazilian Laws underscores its importance for the systematic documentation and organization of the nation's legal corpus for researchers, historians, and legal practitioners.

## Notable For
- **Specific Amendment:** It is notable for its precise, limited function of amending a single article (Art. 165) of a specific prior decree-law (Decreto-Lei 200/1967).
- **Historical Context:** Enacted in 1968, it is part of the legislative output during the military government of President Artur da Costa e Silva, a period of significant institutional change in Brazil.
- **Institutional Focus:** Its metadata explicitly links it to the three military ministries (Navy, Army, Aeronautics), indicating a direct relevance to national defense and security administrative structures during that era.
- **Structured Data Presence:** It has a dedicated entry in the Brazilian LexML system and is tracked by WikiProject Brazilian Laws, highlighting its role in organized legal knowledge bases.
- **Public Domain Status:** As an official Brazilian federal law, it resides in the public domain, ensuring unrestricted public access to its text, consistent with the principle that laws must be freely available to those they govern.

## Body

### Legal Identity and Classification
Law No. 5396/1968 is formally classified as a **statute**. In legal and knowledge system terms, a statute is a formal written document that creates law. This law is an instance of that class. Its jurisdictional scope is the entire **Federative Republic of Brazil**. The authoritative text is written in **Brazilian Portuguese**. The standard method for citing this specific legal norm is *Lei nº 5396/1968*. Its Wikidata description succinctly categorizes it as a "Brazilian law."

### Legislative History and Promulgation
The law was **published on February 26, 1968**, in the nation's capital, **Brasília**. The act of promulgation—the formal approval that brings a law into force—was executed by the **Presidency of the Federative Republic of Brazil**. The individual holding the office of President at that precise moment was **Artur da Costa e Silva**. The method of determination for its enactment is recorded as "promulgation," which is the standard process for federal statutes in Brazil.

### Content and Subject Matter
The law's operational content is defined by its **law digest**: "ACRESCENTA ITENS AO ARTIGO 165 DO DECRETO-LEI 200 DE 25 DE FEVEREIRO DE 1967." This translates to "ADDS ITEMS TO ARTICLE 165 OF DECREE-LAW 200 OF FEBRUARY 25, 1967." Therefore, its primary legal effect is to modify the text of that specific article within the earlier decree-law.

The structured metadata for this law's **main_subject** provides a thematic map of its focus areas. The law is associated with the following entities and concepts:
*   **Content:** Refers to the substantive legal text or provisions being added.
*   **Ministry of the Navy of Brazil (Marinha):** Indicates the law's provisions affect or concern the naval military branch.
*   **Brazilian Army (Exército):** Indicates the law's provisions affect or concern the land military branch.
*   **Participant (Membros):** Suggests the amendment relates to the membership or composition of a body, likely within the military or administrative structure defined in Art. 165 of D.L. 200/1967.
*   **Change (Alteração):** Confirms the law's function as an amendment or alteration to existing legislation.
*   **Political Party (Partido Político):** Suggests the amendment may introduce or modify rules regarding political party involvement or representation in a specific context, possibly within the military or state administration.
*   **Ministry of Aeronautics of Brazil (Aeronáutica):** Indicates the law's provisions affect or concern the air military branch.

This cluster of subjects strongly implies that Law 5396/1968 made specific administrative or organizational changes to structures involving Brazil's three military ministries and potentially the role of political parties within those structures, as governed by Article 165 of the 1967 decree-law.

### Access, Documentation, and Authority Control
The law has been assigned a persistent identifier within Brazil's national **LexML** system for structured legal publication: **urn:lex:br:federal:lei:1968-02-26;5396**. The definitive, official digital version of the law's text is hosted by the Brazilian federal government at the URL: **https://www.planalto.gov.br/ccivil_03/leis/l5396.htm**. This URL is cited as the source for its structured properties. The law is also part of the curated scope of **WikiProject Brazilian Laws** on Wikimedia projects, indicating its recognized importance for the comprehensive documentation of Brazilian legislation.

### Context within Brazilian Legislative Framework
As a **federal statute** from 1968, this law exists within a specific historical and constitutional layer of Brazil's legal system. It amends a **decree-law** (Decreto-Lei), which is a type of legislation typically issued by the executive branch, often during periods of expanded executive authority. The target of its amendment, Decree-Law 200/1967, would have been a foundational act for the administrative structure of the state at that time. Law 5396/1968 represents a subsequent, precise adjustment to that framework. Its publication in Brasília places it within the official record of the federal government. The law's subjects tie it directly to the administration of the **Ministry of the Navy**, **Brazilian Army**, and **Ministry of Aeronautics**, situating it firmly within the domain of national defense and security organization during the military regime. The reference to a "political party" as a subject is a notable detail, suggesting the amendment touched upon the regulated relationship between political entities and the military or state apparatus, a sensitive topic in that historical period.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1968-02-26;5396)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=5396&ano=1968&data=26/02/1968&ato=600QTTq10djRVT20f)
3. LexML Brasil