# Law No. 5809 of October 10, 1972

> Brazilian law

**Wikidata**: [Q105659817](https://www.wikidata.org/wiki/Q105659817)  
**Source**: https://4ort.xyz/entity/law-no-5809-of-october-10-1972

## Summary
Law No. 5809 of October 10, 1972, is a Brazilian federal statute enacted to regulate the remuneration and rights of civilian and military personnel serving the Federal Union abroad. Promulgated by President Emílio Garrastazu Médici, this legislation establishes the legal framework for salaries, benefits, retirement, and indemnities for government employees working outside Brazil's borders. It serves as a foundational legal instrument defining the terms of service for the judiciary, direct administration, and public enterprises operating internationally.

## Key Facts
- **Full Title:** Lei nº 5809, de 10 de outubro de 1972 (Law No. 5809, of October 10, 1972).
- **Legal Citation:** Lei nº 5809/1972.
- **Publication Date:** October 10, 1972.
- **Place of Publication:** Brasília, Brazil.
- **Jurisdiction:** Applies exclusively to the Federative Republic of Brazil.
- **Language:** Brazilian Portuguese.
- **Class:** Statute (a formal written document creating law).
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Promulgating Official:** Emílio Garrastazu Médici (President at the time).
- **Primary Subject Matter:** Remuneration and rights of civilian and military personnel serving the Union abroad.
- **LexML ID:** urn:lex:br:federal:lei:1972-10-10;5809.
- **Official Online Source:** https://www.planalto.gov.br/ccivil_03/leis/l5809.htm.
- **Main Subjects Covered:** Natural persons, salaries, public enterprises, military service, federal government, service periods, headquarters, direct administration, retirement, legal norms, rights, gratuities, judiciary, international service, payment, regulation, foundations, Federal Court of Accounts (TCU), transport, definitions, tax bases, government employees, and indemnities.

## FAQs
**What is the primary purpose of Law No. 5809/1972?**
The law is designed to govern the financial compensation and legal entitlements of both civilian and military staff who are deployed to serve the Brazilian Federal Union in foreign countries. It specifically addresses how salaries, gratuities, and indemnities are calculated and distributed for these international assignments.

**Who has the authority to enforce this statute?**
The law was promulgated by the Presidency of the Federative Republic of Brazil under the administration of President Emílio Garrastazu Médici. It applies to all branches of the federal government, including the judiciary, direct administration, and public enterprises operating abroad.

**Which specific groups of people are covered by this legislation?**
The statute explicitly covers natural persons, government employees (civil servants), military personnel, and staff of public enterprises. It also extends to those working in the direct administration of the Federal Union and members of the judiciary serving outside the national territory.

**What specific financial aspects does the law regulate?**
It regulates the calculation of tax bases, the payment of salaries, the granting of gratuities, and the provision of indemnities. Additionally, it defines the rules for retirement benefits and the recognition of service periods (tempo de serviço) accumulated while working abroad.

**Where can the official text of this law be accessed?**
The full text is available in Brazilian Portuguese on the official Planalto website at https://www.planalto.gov.br/ccivil_03/leis/l5809.htm. It is also indexed in the LexML Brazil system with the unique identifier urn:lex:br:federal:lei:1972-10-10;5809.

## Why It Matters
Law No. 5809/1972 is critical for maintaining the operational integrity of Brazil's diplomatic and international administrative presence. By standardizing remuneration and rights for personnel serving abroad, it ensures that government employees and military staff are fairly compensated for the unique challenges of international service. This legislation prevents legal ambiguity regarding salary calculations, tax bases, and retirement accruals, which is essential for attracting and retaining qualified personnel in foreign postings. Furthermore, it establishes a clear regulatory framework for the Federal Court of Accounts (TCU) to audit and oversee these expenditures, ensuring fiscal responsibility in the management of the Union's international operations. Without this statute, the financial and legal status of Brazilian representatives overseas would lack a unified, enforceable standard, potentially leading to disputes over pay, benefits, and service recognition.

## Notable For
- **Comprehensive Scope:** It uniquely consolidates regulations for both civilian and military personnel under a single statutory framework for international service.
- **Specific Focus on Abroad Service:** Unlike general labor laws, it specifically targets the "rest of the world" (Exterior) as the jurisdiction of service.
- **Integration of Multiple Sectors:** It simultaneously addresses the judiciary, direct administration, public enterprises, and the military, creating a unified policy for diverse government branches.
- **Detailed Benefit Definitions:** It explicitly defines complex financial concepts such as "gratification" (gratificação), "indemnity" (indenização), and "tax base" (base de cálculo) in the context of foreign service.
- **Historical Context:** Enacted during the presidency of Emílio Garrastazu Médici, it reflects the administrative priorities of the Brazilian government in 1972 regarding international expansion and personnel management.
- **Digital Preservation:** It is fully digitized and accessible via the LexML Brazil project, ensuring long-term public access to the legal text.

## Body

### Legislative Identity and Classification
Law No. 5809 of October 10, 1972, is formally classified as a **statute**, defined as a formal written document that creates law. It is an instance of a legal term and a subclass of written work, document, and rule. The law was created through the legislative process and promulgated as an official act of the Presidency of the Federative Republic of Brazil. Its primary function is to serve as the manifestation of statutory law regarding personnel serving the Union abroad. The document is written in Brazilian Portuguese and applies exclusively to the jurisdiction of Brazil.

### Promulgation and Authority
The statute was approved and promulgated on October 10, 1972, by the Presidency of the Federative Republic of Brazil. The specific authority responsible for this act was **Emílio Garrastazu Médici**, who served as the President of Brazil at the time. The place of publication was **Brasília**, the federal capital. The law is cited legally as **Lei nº 5809/1972**. It is indexed in the LexML Brazil system with the unique identifier `urn:lex:br:federal:lei:1972-10-10;5809`, which serves as its permanent digital reference.

### Scope of Application and Target Entities
The law applies to a broad spectrum of government entities and personnel types. It specifically governs:
- **Natural Persons:** Defined as "Pessoa Física."
- **Government Employees:** Civil servants ("Servidor Público Civil").
- **Military Personnel:** Members of the armed forces ("Militar").
- **Public Enterprises:** State-owned companies ("Empresa Pública").
- **Judiciary:** Members of the judicial branch ("Judiciario").
- **Direct Administration:** The core executive apparatus ("Administração Direta").
- **Federal Government:** The Union as a whole ("União Federal").

The geographic scope of the law is the "rest of the world" ("Exterior"), meaning it regulates activities and personnel located outside the national borders of Brazil.

### Financial and Remuneration Provisions
A central component of Law No. 5809/1972 is the detailed regulation of financial compensation. The statute addresses:
- **Salaries:** Establishing the rules for "Salario" calculation and payment.
- **Gratuities:** Defining specific allowances or bonuses ("Gratificação").
- **Indemnities:** Regulating compensation for specific expenses or losses ("Indenização").
- **Tax Base:** Setting the parameters for the "Base De Calculo" used in financial assessments.
- **Payment:** Outlining the procedures for "Pagamento" of dues.
- **Retirement:** Defining how service periods abroad contribute to "Aposentadoria" (retirement) benefits.
- **Service Periods:** Recognizing "Tempo De Serviço" (Period of contribution) accumulated while working abroad.

### Administrative and Operational Framework
Beyond finance, the law establishes the operational context for these employees. It covers:
- **Headquarters:** Defining the "Sede" or base of operations for international assignments.
- **Transport:** Regulating "Transporte" related to the service.
- **Founding:** Addressing the "Fundação" or establishment of specific posts or entities.
- **Regulation:** Providing the "Regulamentação" necessary to implement the law.
- **Definitions:** Offering clear "Definição" of terms used within the statute.
- **Rights:** Enumerating the "Direitos" guaranteed to the personnel.
- **Legal Norms:** Establishing the "Normas" that govern conduct and procedure.

### Oversight and Institutional Context
The statute explicitly includes the **Federal Court of Accounts of Brazil** (Tribunal de Contas da União - TCU) in its framework, indicating that the TCU has a role in auditing or overseeing the application of these laws. The law ensures that the "Federal Government of Brazil" maintains control and oversight over its international personnel. It serves as a regulatory tool to ensure that the Union's interests are protected and that personnel are managed according to standardized legal norms while serving abroad.

### Digital Availability and References
The full text of the law is available online via the official Planalto portal at `https://www.planalto.gov.br/ccivil_03/leis/l5809.htm`. It is also referenced in the LexML Brazil project, which provides structured access to Brazilian legislation. The law is a key component of the "WikiProject Brazilian Laws" and is recognized in various knowledge bases, including Wikidata, where it is linked to the broader concept of statutes and Brazilian federal laws. The document remains a vital reference for understanding the historical and current legal treatment of Brazilian civil servants and military personnel deployed internationally.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1972-10-10;5809)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=5809&ano=1972&data=10/10/1972&ato=687ATUq5UNjRVT894)
3. LexML Brasil