# Law No. 6204 of April 29, 1975

> Brazilian law

**Wikidata**: [Q105660007](https://www.wikidata.org/wiki/Q105660007)  
**Source**: https://4ort.xyz/entity/law-no-6204-of-april-29-1975

## Summary
Law No. 6204 of April 29, 1975 (Lei nº 6.204) is a Brazilian statute enacted during the presidency of Ernesto Geisel that modifies the Consolidation of Labor Laws (CLT). The legislation specifically adds voluntary retirement (aposentadoria espontânea) to the list of excluding clauses for counting service time (tempo de serviço) for employees who are readmitted to a company.

## Key Facts
- **Official Title:** Lei nº 6204, de 29 de abril de 1975.
- **Legal Citation:** Lei nº 6204/1975.
- **Date of Approval/Publication:** April 29, 1975.
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Approving Official:** Ernesto Geisel.
- **Determination Method:** Promulgation.
- **Jurisdiction:** Brazil.
- **Place of Publication:** Brasília.
- **Language:** Brazilian Portuguese.
- **Legal Classification:** Instance of a statute.
- **Primary Subject Matter:** Modification of the Consolidation of Labor Laws (CLT) regarding employee service time counting and voluntary retirement.
- **Specific Provision:** Includes voluntary retirement among the excluding clauses for the counting of service time of a readmitted employee.
- **Identifiers:**
  - LexML Brazil ID: `urn:lex:br:federal:lei:1975-04-29;6204`
  - Wikidata Description: Brazilian law
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l6204.htm
- **WikiProject:** Listed on the focus list of WikiProject Brazilian Laws.

## FAQs
**What is the primary purpose of Law No. 6204/1975?**
The law's primary purpose is to amend the Consolidation of Labor Laws (CLT) by adding "voluntary retirement" to the specific conditions that exclude the counting of previous service time for employees who are rehired by a company.

**Who enacted Law No. 6204 and when?**
The statute was enacted on April 29, 1975, by the Presidency of the Federative Republic of Brazil under President Ernesto Geisel through the method of promulgation.

**Where can the official text of Law No. 6204 be accessed?**
The official text is available online at the Brazilian Presidency's legislative portal (planalto.gov.br) and is cataloged in the Legal XML network (LexML) under the specific URN `urn:lex:br:federal:lei:1975-04-29;6204`.

**Is this law subject to copyright restrictions?**
As a statute, Law No. 6204 is generally considered a formal written document creating law and is in the public domain in jurisdictions like the United States (under the edict of government doctrine) and France, ensuring public accessibility.

**What specific legal concepts are addressed in this statute?**
The law addresses the legal concepts of "employee" (Empregado), "period of contribution" or "service time" (Tempo De Serviço), "counting" (Contagem), and "change" (Alteração) within the framework of the Consolidation of Labor Laws (CLT).

## Why It Matters
Law No. 6204/1975 matters because it establishes a critical precedent in Brazilian labor relations regarding the financial and administrative consequences of retirement and rehiring. By explicitly categorizing voluntary retirement as an exclusionary clause for counting prior service time, the law provides clarity for employers (readmitted employees) regarding seniority calculations and potential severance liabilities. This statutory modification prevents the automatic accumulation of service time from a previous tenure when a worker retires voluntarily and later returns, thereby affecting their labor rights and benefits under the Consolidation of Labor Laws (CLT). As a formal statute, it serves as the definitive written manifestation of this specific labor rule, accessible to the public without copyright restrictions.

## Notable For
- **Specific Labor Law Amendment:** Distinct for targeting Article 453 of the CLT (implied by the digest) to define the treatment of voluntary retirement in service time counting.
- **Geisel Era Legislation:** Enacted during the administration of President Ernesto Geisel, a period of specific political and legal history in Brazil.
- **LexML Standardization:** Notable for its inclusion in the LexML Brazil system, a standardized network for legal information, ensuring consistent identification via URN.
- **Public Domain Accessibility:** As a statute, it is notable for being free from copyright restrictions, allowing unrestricted public access and dissemination of the legal text.

## Body

### Legal Nature and Definition
Law No. 6204 of April 29, 1975, is classified as a **statute**. In legal terms, a statute is a formal written document that creates law, functioning as the concrete manifestation of statutory law. This entity falls under the broader class of "written work" and "document," serving as an official record of legal rules enacted by a government authority. As a specific type of legislation, it follows the draft law stage and is created through the act of legislation to result in statutory law. This classification aligns it with global standards, being equivalent to the `https://schema.org/Legislation` class used in structured data on the web.

### Legislative Enactment and History
The statute was officially approved on **April 29, 1975**, through **promulgation** by the **Presidency of the Federative Republic of Brazil**. The specific head of state at the time of approval was **Ernesto Geisel**. The law was published in the federal capital, **Brasília**, establishing its validity across the nation. The legislative action is recorded as an "addition" (Inclusão) and a "change" (Alteração) to the existing legal framework, specifically targeting the regulations governing employee readmission.

### Content and Scope
The substantive content of Law No. 6204/1975 is centered on **Labor Law**, specifically modifying the **Consolidation of Labor Laws (Consolidação Das Leis Do Trabalho - CLT)**. The law's digest summarizes its function as: "INCLUI A APOSENTADORIA ESPONTANEA ENTRE AS CLAUSULAS EXCLUDENTES DA CONTAGEM DO TEMPO DE SERVIÇO DO EMPREGADO READMITIDO" (Includes voluntary retirement among the excluding clauses of the counting of service time of the readmitted employee).

Key subjects addressed in the text include:
- **Employee (Empregado):** The individual to whom the law applies.
- **Period of Contribution / Service Time (Tempo De Serviço):** The duration of employment being evaluated for counting or exclusion.
- **Counting (Contagem):** The administrative act of calculating service time for benefits or seniority.
- **Voluntary Retirement:** The specific condition that triggers the exclusionary clause.

### Technical and Bibliographic Data
The law is cataloged with several technical identifiers that facilitate its retrieval and reference in legal databases:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1975-04-29;6204`
- **Legal Citation:** Lei nº 6204/1975
- **Language of Work:** Brazilian Portuguese
- **Applies to Jurisdiction:** Brazil
- **Work Available At URL:** https://www.planalto.gov.br/ccivil_03/leis/l6204.htm

It is included in the **WikiProject Brazilian Laws**, indicating its relevance to the documentation and organization of Brazilian legislation on Wikimedia projects.

### Copyright and Public Policy Status
Like all statutes, Law No. 6204 is a "formal written document" that creates law and is generally in the **public domain**. In the United States, the "edict of government doctrine" establishes that official legal documents, including legislative enactments like this law, are not copyrightable to ensure public access. Similarly, in France, such official documents are considered public domain. This status ensures that the text of Law No. 6204 can be freely accessed, shared, and used by the public without copyright restrictions.

### Jurisdictional Context: Brazil
This statute is a federal law of **Brazil**, the largest country in South America and the fifth-largest nation in the world by area. Brazil operates as a federal republic with a presidential system, where the Presidency (held by Ernesto Geisel in 1975) serves as the executive authority responsible for the promulgation of federal laws.

**Geographical and Political Background**
- **Capital:** Brasília (the place of publication for this law).
- **Government:** Federal republic; the legislative body responsible for the broader legal framework is the National Congress of Brazil.
- **Legal System:** The law operates within a civil law jurisdiction where statutes (written laws) are the primary source of law.
- **Language:** As the official language of Brazil is Portuguese, the law is written in Brazilian Portuguese.

**National Context (1975)**
The year 1975 falls within the period of the military dictatorship in Brazil (1964–1985), a fact contextualized by the presidency of Ernesto Geisel (1974–1979). During this era, the executive branch held significant power to enact laws affecting labor and social regulation. The country was experiencing a period of state-led industrialization, where regulations regarding the "Consolidação Das Leis Do Trabalho" (CLT) were critical for managing the growing urban workforce. Brazil's population in 1975 was approximately 108 million (growing from 72.8 million in 1960), making labor regulations like Law No. 6204 highly relevant to a large and evolving working class.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1975-04-29;6204)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6204&ano=1975&data=29/04/1975&ato=cccEzYU5UMnRVT624)
3. LexML Brasil