# Law No. 6397 of December 10, 1976

> Brazilian law

**Wikidata**: [Q105659646](https://www.wikidata.org/wiki/Q105659646)  
**Source**: https://4ort.xyz/entity/law-no-6397-of-december-10-1976

## Summary

Law No. 6397 of December 10, 1976 (Lei nº 6397/1976) is a Brazilian federal statute that prohibits municipalities from committing more than one-twelfth (1/12) of their budgeted expenses during the final month of a mayor's term. Enacted under the presidency of Ernesto Geisel, this law establishes fiscal responsibility constraints on municipal governments to prevent outgoing mayors from overspending or committing funds in their last month in office.

## Key Facts

- **Official Title**: Lei nº 6397, de 10 de dezembro de 1976
- **Publication Date**: December 10, 1976
- **Place of Publication**: Brasília, Brazil
- **Promulgating Authority**: Presidency of the Federative Republic of Brazil
- **President**: Ernesto Geisel (at time of promulgation)
- **Legal Citation**: Lei nº 6397/1976
- **Language**: Brazilian Portuguese
- **Jurisdiction**: Brazil (applies to all municipalities)
- **Instance Of**: Statute (as classified in legal knowledge systems)
- **Main Subjects**: Municipality of Brazil, expense, mayor, limitation
- **Lexml Brazil ID**: urn:lex:br:federal:lei:1976-12-10;6397
- **Official Source URL**: https://www.planalto.gov.br/ccivil_03/leis/l6397.htm
- **Wikidata Description**: Brazilian law
- **Wikimedia Project**: WikiProject Brazilian Laws

## FAQs

**What does Law No. 6397/1976 prohibit?**

The law prohibits Brazilian municipalities from committing (empenhar) more than one-twelfth (duodécimo) of the expenses provided for in the current budget during the final month of a mayor's term in office.

**What is the purpose of this law?**

The law serves as a fiscal responsibility measure designed to prevent outgoing mayors from excessively committing municipal funds in their final month of office, which could create financial burdens for incoming administrations or circumvent budget limitations.

**Which municipalities does this law apply to?**

The law applies to all municipalities (municípios) in Brazil, establishing a uniform standard for fiscal management across the country's more than 5,500 cities.

**Who enacted Law No. 6397/1976?**

The law was promulgated by President Ernesto Geisel on December 10, 1976, during the military dictatorship period in Brazil.

**What is the legal classification of this statute?**

Law No. 6397/1976 is classified as a statute (lei) in the Brazilian legal system and is recognized as an instance of "statute" in structured knowledge bases, with the Lexml Brazil ID: urn:lex:br:federal:lei:1976-12-10;6397.

## Why It Matters

Law No. 6397 of December 10, 1976 matters because it represents one of Brazil's earliest attempts to establish fiscal responsibility constraints at the municipal level. By limiting expenditure commitments in the final month of a mayor's term, the law addresses a potential conflict of interest where outgoing administrators might attempt to use remaining budget funds for political purposes or create financial obligations that bind their successors.

This statute forms part of Brazil's broader framework of municipal financial management laws, helping to ensure continuity and stability in local government operations during transitions of power. With over 5,500 municipalities in Brazil, this law affects a significant portion of Brazilian governance and public administration.

The law remains relevant as part of Brazil's ongoing efforts to strengthen fiscal discipline at all levels of government. While subsequent legislation has expanded fiscal responsibility requirements (including the famous Lei de Responsabilidade Fiscal of 2000), Law No. 6397/1976 established the foundational principle of constraining end-of-term spending by municipal executives.

## Notable For

- **Pioneering Fiscal Rule**: One of Brazil's earliest laws establishing fiscal constraints on municipal expenditure during mayoral transitions
- **National Scope**: Applies uniformly to all Brazilian municipalities
- **Historical Significance**: Enacted during Brazil's military government period (1964-1985), representing the era's approach to administrative governance
- **Legal Documentation**: Fully preserved in official government archives and accessible through the Presidency's legislation portal

## Body

### Legal Text and Prohibition

Law No. 6397 of December 10, 1976, contains a specific prohibition (veda) directed at municipalities. The law explicitly forbids municipal governments from committing (empenhar), in the last month of a mayor's (prefeito) term, more than one-twelfth (duodécimo) of the expense (despesa) provided for in the budget (orçamento) currently in force.

This restriction targets the practice of committing disproportionate amounts of budgeted funds during the final month of an administration, which could result in financial commitments that the incoming mayor would be obligated to honor, potentially limiting their ability to govern effectively or implement their own fiscal priorities.

### Institutional Framework

The law was promulgated by the Presidency of the Federative Republic of Brazil under President Ernesto Geisel on December 10, 1976. The official publication occurred in Brasília, reflecting the federal nature of the legislation and its applicability across all municipalities nationwide.

The statute is catalogued in Brazil's official legal documentation systems, including the Lexml platform which assigns it the identifier urn:lex:br:federal:lei:1976-12-10;6397. This allows legal researchers, government officials, and citizens to access the full text through official channels.

### Classification and Knowledge Representation

In structured knowledge systems, Law No. 6397/1976 is classified as:

- **Instance Type**: Statute (a formal written document that creates law)
- **Jurisdiction**: Brazil
- **Main Subjects**: Municipality of Brazil, expense, mayor, limitation
- **Language**: Brazilian Portuguese
- **Legal Citation**: Lei nº 6397/1976

The law is included in WikiProject Brazilian Laws, indicating its recognition as a significant piece of Brazilian legislation worthy of documentation and preservation in Wikimedia projects.

### Historical Context

Enacted in 1976 during Brazil's military dictatorship, Law No. 6397 emerged in a period when the federal government was actively establishing administrative and fiscal frameworks for subnational governments. The law predates Brazil's more comprehensive fiscal responsibility framework, particularly the Lei de Responsabilidade Fiscal (Fiscal Responsibility Law) of 2000, which significantly expanded fiscal constraints on all levels of government.

The law reflects a recognition that municipal finances require federal oversight to ensure responsible management and to prevent practices that could destabilize local government operations during political transitions.

### Access and Documentation

The full text of Law No. 6397/1976 remains publicly accessible through official government portals, specifically at https://www.planalto.gov.br/ccivil_03/leis/l6397.htm, which is maintained by the Presidency of the Federative Republic of Brazil. This accessibility ensures transparency and allows citizens, legal professionals, and researchers to examine the statute's provisions directly.

The law is documented in Brazilian Portuguese, consistent with the country's official language requirements for legislation and government documents.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1976-12-10;6397)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6397&ano=1976&data=10/12/1976&ato=34akXUq50MnRVTb67)
3. LexML Brasil