# Law No. 6038 of May 7, 1974

> Brazilian law

**Wikidata**: [Q105649895](https://www.wikidata.org/wiki/Q105649895)  
**Source**: https://4ort.xyz/entity/law-no-6038-of-may-7-1974

## Summary
Law No. 6038 of May 7, 1974, is a Brazilian statute enacted to grant a special pension to Maria da Cruz Gouveia, daughter of Delmiro Augusto da Cruz Gouveia. Enacted during the presidency of Ernesto Geisel, it exemplifies Brazil’s legal framework for individualized benefits. The law is classified as a public domain document under Brazilian jurisdiction, reflecting the country’s statutory traditions.

## Key Facts
- **Title:** Lei nº 6038, de 7 de maio de 1974  
- **Enactment Date:** May 7, 1974  
- **Country:** Brazil  
- **Purpose:** Granted a special pension to Maria da Cruz Gouveia.  
- **Approved By:** Presidency of the Federative Republic of Brazil (Ernesto Geisel).  
- **Legal Digest:** "CONCEDE PENSÃO ESPECIAL A MARIA DA CRUZ GOUVEIA, FILHA DE DELMIRO AUGUSTO DA CRUZ GOUVEIA."  
- **Instance Of:** Statute (formal written legal document).  
- **Main Subjects:** Natural person (Pessoa Física), Special Pension (Pensão Especial), Concession (Concessão).  
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1974-05-07;6038`  
- **Publication Date:** May 7, 1974  
- **Place of Publication:** Brasília  
- **Jurisdiction:** Federative Republic of Brazil  
- **Language:** Brazilian Portuguese  
- **Legal Citation:** Lei nº 6038/1974  
- **Access URL:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6038.htm  
- **Wikimedia Focus:** Part of WikiProject Brazilian Laws.  

## FAQs
**What does Law No. 6038 of May 7, 1974, establish?**  
The law granted a special pension to Maria da Cruz Gouveia, daughter of Delmiro Augusto da Cruz Gouveia, formalizing a specific individual benefit under Brazilian law.  

**Who enacted this law?**  
It was approved by the Presidency of the Federative Republic of Brazil, with Ernesto Geisel serving as president at the time of promulgation.  

**Where does this law apply?**  
The statute applies exclusively to Brazil, as indicated by its jurisdiction and publication in Brasília.  

**How can the full text of the law be accessed?**  
The complete text is available via the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6038.htm.  

**What is the legal citation for this statute?**  
It is formally cited as **Lei nº 6038/1974**, following Brazilian legal documentation standards.  

## Why It Matters
Law No. 6038 of May 7, 1974, matters as a historical example of Brazil’s statutory approach to individualized social welfare measures. It highlights the country’s legal mechanisms for granting special pensions, reflecting broader themes in Brazilian social policy during the 20th century. As a public domain document, it contributes to transparency in governance, ensuring public access to legislative acts. The law also underscores the role of presidential authority in shaping statutory provisions, particularly under Ernesto Geisel’s administration during Brazil’s military government era (1964–1985).  

## Notable For
- **Specific Beneficiary:** Uniquely targeted Maria da Cruz Gouveia, distinguishing it from generalized legislation.  
- **Presidential Promulgation:** Enacted under President Ernesto Geisel, marking a direct exercise of executive authority.  
- **Public Domain Status:** Freely accessible as an official legal document, aligning with Brazil’s open governance principles.  
- **Historical Context:** Reflects Brazil’s statutory practices during the military dictatorship period.  

## Body

### Enactment and Legal Context
Law No. 6038 was promulgated on May 7, 1974, during the presidency of Ernesto Geisel (1974–1979), a period marked by Brazil’s military government. The statute falls under Brazil’s legal tradition of codified laws, structured as a formal written document (statute) with a unique LexML identifier (`urn:lex:br:federal:lei:1974-05-07;6038`). It was published in Brasília, the federal capital, and applies exclusively to Brazilian jurisdiction.  

### Provisions and Beneficiary
The law’s primary purpose was to grant a **special pension** to **Maria da Cruz Gouveia**, explicitly identifying her as the daughter of **Delmiro Augusto da Cruz Gouveia**. This individualized focus distinguishes it from broader social welfare legislation, emphasizing Brazil’s historical practice of targeted statutory benefits. The pension concession aligns with legal norms governing public honors and compensations, as documented in the statute’s digest: “CONCEDE PENSÃO ESPECIAL A MARIA DA CRUZ GOUVEIA, FILHA DE DELMIRO AUGUSTO DA CRUZ GOUVEIA.”  

### Legislative Process
As a federal statute, Law No. 6038 underwent approval by the Presidency of the Federative Republic of Brazil, with Geisel’s administration overseeing its promulgation. The law’s creation followed standard legislative procedures, culminating in its publication in the *Diário Oficial da União* (Official Gazette of the Union), Brazil’s primary outlet for legal notices. Its enactment date (May 7, 1974) and presidential endorsement are critical for tracing its legitimacy within Brazil’s statutory framework.  

### Publication and Accessibility
The statute is freely accessible via the Brazilian government’s official portal (https://www.planalto.gov.br/), reflecting the country’s commitment to legal transparency. Its classification as a public domain document ensures unrestricted access, consistent with Brazil’s copyright policies for governmental and legal texts. The law is also indexed in the LexML Brazil database, a digital repository for federal legislation, enhancing its discoverability for legal researchers and the public.  

### Historical Significance
Law No. 6038 serves as a minor but illustrative example of Brazil’s statutory history during the military regime (1964–1985). While not a landmark law, it exemplifies the era’s legislative focus on individualized benefits and executive-driven policymaking. The statute’s specificity to a single beneficiary underscores the personalized nature of certain legal acts during this period, contrasting with later democratic reforms emphasizing universal rights. Its preservation in national legal archives ensures its role as a reference point for scholars examining 20th-century Brazilian governance.  

### Technical and Cultural Context
The law’s publication in Brazilian Portuguese, the country’s official language, ensured its accessibility to the populace. Its structure adheres to Brazilian legal drafting conventions, incorporating formal language and precise beneficiary identification. As part of WikiProject Brazilian Laws, the statute is recognized within Wikimedia initiatives to document Brazilian legal history, further amplifying its educational and research value.  

### Legacy and Impact
While Law No. 6038 did not enact systemic changes, it contributes to the broader narrative of Brazil’s statutory evolution. Its existence highlights the interplay between executive authority and legislative processes during the military government, as well as the legal mechanisms for recognizing individual contributions or circumstances. Today, the law remains a cited example in discussions of Brazil’s public pension policies and historical statutory practices.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1974-05-07;6038)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6038&ano=1974&data=07/05/1974&ato=d9dcXWU5kenRVT288)
3. LexML Brasil