# Law No. 6358 of September 10, 1976

> Brazilian law

**Wikidata**: [Q105659622](https://www.wikidata.org/wiki/Q105659622)  
**Source**: https://4ort.xyz/entity/law-no-6358-of-september-10-1976

## Summary
**Law No. 6358 of September 10, 1976** is a Brazilian statute that regulates the indication of candidates for Mayor, Vice-Mayor, and Councilors in municipalities where political party conventions have not taken place. Enacted by President Ernesto Geisel, the law establishes legal norms for candidate selection procedures and time limits in the absence of standard party conventions. It serves as a formal legal instrument applicable throughout the jurisdiction of Brazil.

## Key Facts
- **Official Title:** Lei nº 6.358, de 10 de setembro de 1976.
- **Classification:** Instance of a statute (formal written document creating law).
- **Promulgation Date:** September 10, 1976.
- **Approving Authority:** Presidency of the Federative Republic of Brazil, specifically President Ernesto Geisel.
- **Jurisdiction:** Applies to the country of Brazil.
- **Language:** Written in Brazilian Portuguese.
- **Legal Citation:** Lei nº 6.358/1976.
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1976-09-10;6358`.
- **Publication Location:** Brasília.
- **Subject Matter:** Regulates the indication of candidates for Mayor, Vice-Mayor, and Councilors where party conventions have not been held.
- **Official Source URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6358.htm`.

## FAQs
**What is the primary purpose of Law No. 6358?**
The law regulates the process for indicating candidates for the offices of Mayor, Vice-Mayor, and Councilors specifically in situations where political parties have failed to hold their nominating conventions. It provides a legal framework to ensure candidate selection can proceed despite the absence of standard party procedures.

**Who approved and enacted this law?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, with President Ernesto Geisel serving as the head of state responsible for its enactment on September 10, 1976.

**What specific legal subjects does the law address?**
The statute addresses multiple legal concepts including time limits (Prazo), competency (Competencia), municipalities (Municipio), legal norms (Normas), political parties (Partido Politico), mayors (Prefeito), appointments (Designação), decisions (Fixação), goals (Objetivo), and absence (Ausencia).

**Where can the official text of the law be found?**
The official text is accessible online via the Planalto government website at `https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6358.htm` and is indexed under the LexML Brazil identifier system.

## Why It Matters
Law No. 6358 matters as a specific statutory intervention in the Brazilian electoral process, ensuring continuity in democratic procedures even when standard party mechanisms fail. By regulating candidate indications in the absence of conventions, the law prevents political gridlock and ensures that municipalities retain the ability to field candidates for executive and legislative positions. As a legal norm enacted during the military dictatorship period under President Ernesto Geisel, it reflects the regulatory approach to electoral control of that era. The law serves as a manifestation of statutory law, formally documenting the rules governing political party conduct and municipal elections, thereby reinforcing the rule of law by providing clear procedures for exceptional circumstances.

## Notable For
- **Electoral Regulation:** Specifically targets the exceptional scenario where political parties fail to hold conventions, a unique procedural focus.
- **Historical Context:** Enacted during the presidency of Ernesto Geisel, a key figure in Brazil's political transition process.
- **Legal Classification:** Serves as a clear example of a "statute" as defined by legal ontology—a formal written document creating law.
- **Public Accessibility:** Like all Brazilian statutes, it is a public domain document, freely accessible to citizens via government portals.
- **Structured Identification:** Distinctly identified by the LexML system, a standard for legal documents in Brazil.

## Body
### Legislative Definition and Scope
Law No. 6358 is formally classified as a **statute**, a type of formal written document that creates law. It functions as a legal norm within the Brazilian legal system and is recognized as a manifestation of statutory law. The statute was created through legislation and applies to the entire jurisdiction of Brazil. As a legal document, it is part of the broader body of Brazilian law and serves as an instance of a "legal term or legal concept."

### Enactment and Authority
The statute was enacted on **September 10, 1976**, in the capital city of **Brasília**. The approving authority was the **Presidency of the Federative Republic of Brazil**. The act of promulgation was executed by **Ernesto Geisel**, who was serving as President at the time. This legislative act followed the standard process for federal laws in Brazil, moving from drafting to final publication as an official legal instrument.

### Subject Matter and Provisions
The law's digest explicitly states its purpose: **"REGULA A INDICAÇÃO DE CANDIDATOS A PREFEITO, VICE-PREFEITO E VEREADORES ONDE NÃO SE TENHAM REALIZADO CONVENÇÕES PARTIDARIAS"** (Regulates the indication of candidates for Mayor, Vice-Mayor, and Councilors where party conventions have not been held).

The statute's main subjects cover a range of legal and procedural concepts necessary for this regulation:
- **Time Limit (Prazo):** Establishing deadlines for the indication process.
- **Competency (Competencia):** Defining which bodies have the authority to make decisions.
- **Municipality (Municipio):** The specific geographic scope of the candidate selection.
- **Political Party (Partido Politico):** The entity responsible for candidate indication.
- **Mayor (Prefeito):** One of the primary offices subject to the regulation.
- **Appointment (Designação) and Decision (Fixação):** The procedural actions for selecting candidates.
- **Absence (Ausencia):** The condition triggering the law's application (absence of conventions).
- **Goal (Objetivo):** The intended outcome of the legal norm.

### Identification and Access
The law is cataloged under the **LexML Brazil ID** system with the unique identifier `urn:lex:br:federal:lei:1976-09-10;6358`. This Uniform Resource Name (URN) provides a standardized method for referencing the legal text digitally. The official text is hosted by the Brazilian government and is accessible at the Planalto website (`https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6358.htm`).

### Language and Jurisdiction
The text of the law is written in **Brazilian Portuguese**, the official language of Brazil. Its jurisdiction is strictly national, applying to all municipalities within the Federative Republic of Brazil. The legal citation format for this statute is **Lei nº 6.358/1976**.

### Context within Brazilian Law
As a statute, Law No. 6358 fits within the broader hierarchy of Brazilian legal instruments. It is a "legal act" caused by legislation and results in a specific statutory rule. It is related to the concept of "draft laws" as its precursor and is part of the larger system of "law" and "legal norms" that govern the country. The law is currently tracked by WikiProject Brazilian Laws, indicating its relevance in structured knowledge bases.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1976-09-10;6358)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6358&ano=1976&data=10/09/1976&ato=756oXQq50MnRVTc32)
3. LexML Brasil