# Law No. 6136 of November 7, 1974

> Brazilian law

**Wikidata**: [Q105650443](https://www.wikidata.org/wiki/Q105650443)  
**Source**: https://4ort.xyz/entity/law-no-6136-of-november-7-1974

## Summary
Law No. 6136 of November 7, 1974, is a Brazilian statute that formally included maternity salary among the benefits provided by the country's social security system. Promulgated by President Ernesto Geisel, this legal document represents a specific addition and alteration to the regulations governing social security in Brazil.

## Key Facts
- **Official Title:** Lei nº 6136, de 7 de novembro de 1974
- **Legal Citation:** Lei nº 6136/1974
- **Date of Promulgation/Publication:** November 7, 1974
- **Jurisdiction:** Brazil
- **Country of Origin:** Brazil (Federative Republic of Brazil)
- **Instance Of:** Statute (formal written document that creates law)
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Approving President:** Ernesto Geisel
- **Determination Method:** Promulgation
- **Main Subject:** Social security (specifically "Previdencia Social")
- **Legal Action:** Change (Alteração) and Addition (Inclusão)
- **Specific Provision:** Includes maternity salary (salario-maternidade) among social security benefits
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **LexML ID:** urn:lex:br:federal:lei:1974-11-07;6136
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6136.htm
- **WikiProject:** WikiProject Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 6136/1974?**
The primary purpose of this law is to amend social security regulations by specifically including maternity salary as a recognized benefit of the social security system (Previdencia Social) in Brazil.

**Who enacted Law No. 6136 of November 7, 1974?**
The law was approved by the Presidency of the Federative Republic of Brazil. It was promulgated by President Ernesto Geisel on November 7, 1974.

**Where and when was this law published?**
The law was published on November 7, 1974, in the city of Brasília, the federal capital of Brazil.

**What type of legal document is Law No. 6136?**
It is classified as a statute, which is a formal written document that creates law. It serves as a manifestation of statutory law and is a subclass of written work and document.

**How can the full text of the law be accessed?**
The full text is available at the official Brazilian government URL (https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6136.htm) and is indexed under the LexML ID urn:lex:br:federal:lei:1974-11-07;6136.

## Why It Matters
Law No. 6136 matters because it represents a formal legislative expansion of social security rights in Brazil, specifically addressing the financial protection of mothers through the inclusion of maternity salary. By codifying this benefit, the law transformed abstract social security principles into concrete, enforceable rights for working women during the postpartum period. As a statute, it serves as the definitive "manifestation of statutory law," ensuring that the mandate is documented, accessible, and binding within the Brazilian legal framework. The law also holds historical significance as it was enacted during the presidency of Ernesto Geisel, a period of military rule, reflecting the state's approach to social welfare at that time.

## Notable For
- **Social Security Expansion:** Notable for formally adding "salario-maternidade" (maternity salary) to the list of social security benefits.
- **Legislative Action:** Classified legally as both a "Change" (Alteração) and an "Addition" (Inclusão) to existing social security laws.
- **Presidential Promulgation:** Promulgated by Ernesto Geisel, who served as President of Brazil during the military dictatorship.
- **Standardization:** Indexed under the LexML system (urn:lex:br:federal:lei:1974-11-07;6136), ensuring standardized legal identification.
- **WikiProject Coverage:** Included in the scope of WikiProject Brazilian Laws, highlighting its relevance in the documentation of Brazilian legislation.

## Body

### Legal Classification and Nature
Law No. 6136 of November 7, 1974, is classified as a **statute**. In legal terms, a statute is a formal written document that creates law, encompassing acts, executive orders, and by-laws. This document serves as the concrete manifestation of statutory law, acting as the official record of legal rules enacted by the government. As a subclass of "written work" and "document," it functions as the tangible expression of a legal rule, distinct from abstract legal theories. While statutes in jurisdictions like the United States and France are often in the public domain under the "edict of government doctrine," this specific Brazilian statute operates under the jurisdiction of Brazilian law, which is based on the Civil law tradition.

### Legislative History and Approval
The legislative trajectory of Law No. 6136 culminated on November 7, 1974. The law was approved by the **Presidency of the Federative Republic of Brazil**, with the determination method recorded as **promulgation**. At the time of promulgation, the President of Brazil was **Ernesto Geisel**. The law was formally published in **Brasília**, the federal capital of Brazil, which has served as the seat of the Brazilian federal government since April 22, 1960. The publication date coincides with the date of promulgation, marking the moment the law became part of the official legal record.

### Content and Subject Matter
The primary subject of Law No. 6136 is **social security**, referred to in the text as "Previdencia Social." The law is characterized by two specific legal actions: **Change** (Alteração) and **Addition** (Inclusão). The substantive content of the law, as defined in its legal digest, is the inclusion of **maternity salary** (salario-maternidade) among the benefits provided by the social security system. This legislative action modified the existing framework of benefits to ensure financial support for mothers, representing a significant update to the country's welfare provisions during the 1970s.

### Jurisdictional Context
This law applies to the jurisdiction of **Brazil**. Brazil is the largest country in South America and the fifth-largest nation in the world by area, spanning approximately 8.5 million km². It is a federal republic with a presidential system and a representative democracy. The official language of the jurisdiction, and consequently the language of the statute, is **Brazilian Portuguese**. The country operates under the Constitution of Brazil (effective October 5, 1988), though Law No. 6136 was enacted prior to the current constitution, during the period of the Republic (1964–1985). The law is enforced within a country that shares borders with ten South American nations and possesses a diverse demographic and economic landscape.

### Documentation and Identifiers
Law No. 6136 is documented through various standardized identifiers to ensure legal precision and accessibility.
- **LexML ID:** `urn:lex:br:federal:lei:1974-11-07;6136`
- **Legal Citation:** `Lei nº 6136/1974`
- **Official URL:** The work is available at the official Brazilian government portal: `https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6136.htm`
- **WikiProject:** The law is tracked on WikiProject Brazilian Laws, indicating its importance in the cataloging of national legislation.

These identifiers allow the statute to be referenced unambiguously within the broader Brazilian legal system and international knowledge bases.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1974-11-07;6136)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6136&ano=1974&data=07/11/1974&ato=c86QTVq5kenRVT5f4)
3. LexML Brasil