# Law No. 6338 of June 7, 1976

> Brazilian law

**Wikidata**: [Q105660085](https://www.wikidata.org/wiki/Q105660085)  
**Source**: https://4ort.xyz/entity/law-no-6338-of-june-7-1976

## Summary

Law No. 6338 of June 7, 1976 is a Brazilian statute that modifies procedural rules by including workplace accident indemnification claims among those processed during court recesses. Enacted during the presidency of Ernesto Geisel, this law represents a specific amendment to Brazil's legal framework governing judicial procedures and labor-related compensation.

## Key Facts

- **Official Title:** Lei nº 6338, de 7 de junho de 1976
- **Type:** Brazilian statute (formal written document creating law)
- **Enactment Date:** June 7, 1976
- **Approved By:** Presidency of the Federative Republic of Brazil (President Ernesto Geisel)
- **Jurisdiction:** Applies to Brazil
- **Language:** Brazilian Portuguese
- **Main Subjects:** Process, procedure, activities, indemnity, addition
- **Legal Citation:** Lei nº 6338/1976
- **Publication Location:** Brasília, Brazil
- **Work Available At:** https://www.planalto.gov.br/ccivil_03/leis/l6338.htm
- **LexML Brazil ID:** urn:lex:br:federal:lei:1976-06-07;6338
- **Law Digest:** INCLUI AS AÇÕES DE INDENIZAÇÃO POR ACIDENTES DO TRABALHO ENTRE AS QUE TEM CURSO NAS FERIAS FORENSES
- **WikiProject:** WikiProject Brazilian Laws

## FAQs

**What does Law No. 6338 of June 7, 1976 actually do?**
Law No. 6338 of June 7, 1976 modifies Brazilian legal procedures by specifically including workplace accident indemnification claims among the types of cases that can be processed during court recesses (ferias forenses). This amendment ensures that compensation claims for work-related injuries are not delayed by judicial vacation periods.

**Who enacted this law and when?**
The law was promulgated by President Ernesto Geisel on June 7, 1976, during Brazil's military government period. It represents an executive action within Brazil's federal legislative framework.

**Where can the official text of this law be accessed?**
The complete text of Law No. 6338 is available through Brazil's official government portal at https://www.planalto.gov.br/ccivil_03/leis/l6338.htm and is also indexed in the LexML Brazil legal database under ID urn:lex:br:federal:lei:1976-06-07;6338.

**What specific legal areas does this law address?**
The law primarily concerns procedural law (processo), specifically modifying which types of legal actions (ações) can proceed during court recesses. Its focus is on indemnification (indenização) claims related to workplace accidents.

**How does this law fit into Brazil's broader legal system?**
As a federal statute, this law represents a specific amendment to Brazil's procedural legal framework. It demonstrates how Brazilian legislation can modify judicial processes to address specific societal needs, in this case ensuring timely processing of workplace injury compensation claims.

## Why It Matters

Law No. 6338 of June 7, 1976 matters because it addresses a critical gap in Brazil's judicial system regarding workplace safety and compensation. By ensuring that indemnification claims for work-related accidents can be processed during court recesses, the law prevents unnecessary delays in compensation for injured workers. This legislative change reflects Brazil's commitment to protecting workers' rights and ensuring efficient judicial processes.

The law also demonstrates the Brazilian government's ability to make targeted legal adjustments to improve specific aspects of the justice system. In a country with significant industrial and agricultural sectors where workplace accidents are a concern, this law helps maintain the flow of compensation claims regardless of judicial vacation schedules.

## Notable For

- **Workplace Safety Legislation:** One of Brazil's specific laws addressing workplace accident compensation procedures
- **Judicial Procedure Modification:** Amends court recess rules to include indemnification claims
- **Presidential Promulgation:** Enacted during Ernesto Geisel's presidency (1974-1979)
- **Federal Statute:** Represents Brazil's legislative process for modifying procedural law
- **LexML Indexing:** Officially cataloged in Brazil's legal database system
- **WikiProject Brazilian Laws:** Recognized as part of Brazil's comprehensive legal documentation

## Body

### Legislative Context and Enactment

Law No. 6338 of June 7, 1976 was promulgated during the military government of President Ernesto Geisel, who served as Brazil's president from 1974 to 1979. The law represents a specific amendment to Brazil's procedural legal framework, demonstrating the government's focus on improving judicial efficiency during this period.

The enactment process followed standard Brazilian legislative procedures for federal statutes. As a formal written document creating law, this statute falls under the broader category of legal instruments that include acts, executive orders, and by-laws in Brazil's legal system.

### Legal Content and Scope

The primary function of Law No. 6338 is to modify which types of legal actions can be processed during court recesses (ferias forenses) in Brazil. Specifically, it includes workplace accident indemnification claims among the cases that maintain their course during these judicial vacation periods.

The law's official digest states: "INCLUI AS AÇÕES DE INDENIZAÇÃO POR ACIDENTES DO TRABALHO ENTRE AS QUE TEM CURSO NAS FERIAS FORENSES" (Includes indemnification actions for workplace accidents among those that have course during court recesses).

### Procedural Impact

Before this law, workplace accident compensation claims might have been delayed during court recesses. The amendment ensures continuous processing of these critical cases, providing more timely resolution for injured workers seeking compensation.

This change affects both the judicial system's efficiency and workers' rights, as it prevents unnecessary delays in compensation that could cause financial hardship for injured employees and their families.

### Documentation and Accessibility

The law is officially documented in Brazil's legal systems with specific identifiers:
- LexML Brazil ID: urn:lex:br:federal:lei:1976-06-07;6338
- Legal citation: Lei nº 6338/1976
- Publication location: Brasília, Brazil
- Publication date: June 7, 1976

The complete text is available through multiple official channels, including the Brazilian government's legislation portal and the LexML legal database, ensuring public accessibility to the legal text.

### Relationship to Brazilian Legal System

As a federal statute, Law No. 6338 operates within Brazil's broader legal framework. It represents a specific amendment to procedural law, demonstrating how Brazilian legislation can target particular aspects of the justice system for improvement.

The law is classified as an instance of a statute, which in legal terms refers to formal written documents that create law. This classification places it alongside other Brazilian legal instruments such as acts, executive orders, and by-laws.

### Historical Context

Enacted during Brazil's military government period (1964-1985), this law reflects the government's approach to labor relations and judicial procedures during that era. While the military government is often associated with authoritarian measures, this particular law demonstrates attention to workers' rights and judicial efficiency.

The law remains in effect as part of Brazil's current legal framework, continuing to govern the processing of workplace accident claims during court recesses.

### Main Subjects and Classification

The law's main subjects include:
- Process (procedural aspects of law)
- Procedure (legal procedures)
- Activities (legal actions)
- Indemnity (compensation claims)
- Addition (modification of existing legal provisions)

These classifications help situate the law within Brazil's legal taxonomy and make it searchable within legal databases and research systems.

### WikiProject and Academic Recognition

Law No. 6338 is included in WikiProject Brazilian Laws, indicating its recognition as part of Brazil's comprehensive legal documentation. This inclusion helps ensure the law is properly documented and accessible to researchers, legal professionals, and the general public.

The law's documentation in multiple official systems and its inclusion in academic projects demonstrate its ongoing relevance to Brazil's legal system and historical record.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1976-06-07;6338)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6338&ano=1976&data=07/06/1976&ato=9b5o3ZU50MnRVT43d)
3. LexML Brasil