# Law No. 6398 of December 10, 1976

> Brazilian law

**Wikidata**: [Q105659647](https://www.wikidata.org/wiki/Q105659647)  
**Source**: https://4ort.xyz/entity/law-no-6398-of-december-10-1976

## Summary
Law No. 6398 of December 10, 1976 is a Brazilian federal statute enacted during the presidency of Ernesto Geisel. The legislation establishes a special pension ("pensão especial") specifically for two named individuals, Beatriz Ferreira Lucas and Arminda Ferreira Lucas. It is classified as a formal written document (statute) applicable to Brazilian jurisdiction.

## Key Facts
- **Full Title:** Lei nº 6398, de 10 de dezembro de 1976
- **Date of Publication:** December 10, 1976
- **Type:** Statute (formal written document creating law)
- **Country:** Brazil
- **Approved By:** Presidency of the Federative Republic of Brazil (promulgated by Ernesto Geisel)
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **Main Subjects:** Civil servant ("Servidor"), increase ("Aumento"), economic value ("Valor"), special pension ("Pensão Especial"), beneficiary ("Beneficiario")
- **Legal Citation:** Lei nº 6398/1976
- **Law Digest:** Provides for a special pension in favor of Beatriz Ferreira Lucas and Arminda Ferreira Lucas ("DISPÕE SOBRE PENSÃO ESPECIAL EM FAVOR DE BEATRIZ FERREIRA LUCAS E ARMINDA FERREIRA LUCAS")
- **LexML Brazil ID:** urn:lex:br:federal:lei:1976-12-10;6398
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6398.htm
- **Jurisdiction:** Brazil
- **Wikimedia Project:** On focus list of WikiProject Brazilian Laws

## FAQs
**What is the purpose of Law No. 6398/1976?**
The law provides for a special pension to be granted specifically to Beatriz Ferreira Lucas and Arminda Ferreira Lucas, addressing beneficiary rights and economic value determinations.

**Who approved and promulgated this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Ernesto Geisel on December 10, 1976.

**Where can the official text of this law be found?**
The law is available online at the official Planalto Palace website (https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6398.htm) and is indexed under the LexML Brazil system with the identifier urn:lex:br:federal:lei:1976-12-10;6398.

**What type of legal instrument is this?**
This is a statute, which is a formal written document that creates law. Statutes include acts passed by legislatures, executive orders, and by-laws, and serve as the manifestation of statutory law.

## Why It Matters
Law No. 6398 of December 10, 1976 represents a specific category of Brazilian legislation known as "nominal laws"—statutes that grant benefits, pensions, or privileges to specifically named individuals rather than establishing general legal principles applicable to broad populations. While such laws are less common in modern Brazilian legislative practice due to constitutional constraints on individualized legislation, they represent an important historical legal instrument used to address specific circumstances or provide redress to particular citizens.

This law matters because it demonstrates how the Brazilian legal system has historically addressed individual welfare cases through federal legislation. The law specifically addresses civil servant-related matters (indicated by its subject classification "Servidor"), suggesting the beneficiaries may have had connections to public service. Such individualized pension laws provide insight into the administrative and legislative practices of Brazil during the military dictatorship period (1964-1985), when President Ernesto Geisel was engaged in a gradual process of political opening.

From a legal documentation perspective, this law is part of Brazil's extensive statutory framework and is properly indexed in the country's official legal databases, making it accessible for legal research, historical analysis, and transparency purposes.

## Notable For
- **Individualized Legislation:** A statute granting specific benefits to named individuals (Beatriz Ferreira Lucas and Arminda Ferreira Lucas) rather than establishing general rules
- **Historical Context:** Enacted during the presidency of Ernesto Geisel, a significant period in Brazilian political history
- **Special Pension Provision:** Explicitly creates a "pensão especial" (special pension) as its primary legal effect
- **Federal-Level Action:** Demonstrates the use of federal legislation for individual beneficiary matters
- **Presidential Promulgation:** Directly promulgated by the President of the Republic
- **Legal Documentation:** Fully indexed in Brazil's LexML system and available through official government portals
- **Civil Servant Connection:** Classified under subjects relating to civil servants, suggesting a connection to public service

## Body

### Legislative Identification and Classification

Law No. 6398 of December 10, 1976 (Lei nº 6398, de 10 de dezembro de 1976) is a Brazilian federal statute formally classified as a "statute"—a type of formal written document that creates law. Statutes encompass acts passed by legislatures, executive orders, and by-laws, and function as the concrete manifestation of statutory law.

The law's official legal citation is "Lei nº 6398/1976." It is written in Brazilian Portuguese and applies to the jurisdiction of Brazil. The legislation was published in Brasília, the federal capital of Brazil.

### Subject Matter and Purpose

The law's digest summary explicitly states its purpose: "DISPÕE SOBRE PENSÃO ESPECIAL EM FAVOR DE BEATRIZ FERREIRA LUCAS E ARMINDA FERREIRA LUCAS" (Provides for a special pension in favor of Beatriz Ferreira Lucas and Arminda Ferreira Lucas).

The statute is categorized under five main subjects:
- **Civil servant ("Servidor"):** Indicating a connection to public service employment
- **Increase ("Aumento"):** Suggesting an augmentation of benefits or values
- **Economic value ("Valor"):** Relating to monetary amounts or financial determinations
- **Special pension ("Pensão Especial"):** The primary subject matter of the legislation
- **Beneficiary ("Beneficiario"):** Identifying the recipients of the law's provisions

### Executive Approval and Promulgation

The law was approved by the Presidency of the Federative Republic of Brazil and was promulgated by Ernesto Geisel on December 10, 1976. Geisel served as President of Brazil from 1974 to 1979, a period marked by the beginning of the political opening process (distensão) that would eventually lead to the end of the military dictatorship.

The promulgation date, publication date, and official enactment date all align to December 10, 1976, indicating the law took effect on that date.

### Official Publication and Accessibility

The official text of Law No. 6398/1976 is accessible through:
- **Planalto Palace Portal:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6398.htm
- **LexML Brazil System:** Identified by the URN (Uniform Resource Name) urn:lex:br:federal:lei:1976-12-10;6398

The LexML Brazil system is the country's official legal document identification and retrieval system, providing standardized access to Brazilian legislation. The law is also cataloged on the focus list of WikiProject Brazilian Laws, a Wikimedia initiative dedicated to organizing and improving coverage of Brazilian legislation.

### Context Within Brazilian Legal Framework

As a statute, Law No. 6398/1976 is part of the broader category of statutory law in Brazil. Statutes are formal written documents that create law and are caused by the process of legislation. They typically follow draft laws in the legislative process and result in statutory law as their effect.

Statutes in Brazil, as in many jurisdictions, are generally considered public domain documents as official legal texts, ensuring public accessibility to the laws that govern society.

### Beneficiaries and Specific Provisions

The law specifically names two beneficiaries:
1. **Beatriz Ferreira Lucas**
2. **Arminda Ferreira Lucas**

While the exact relationship between the two beneficiaries is not specified in the available structured data, the grant of a "special pension" to both individuals suggests a familial or related connection, potentially arising from the death or disability of a civil servant. The classification under "civil servant" as a main subject reinforces the connection to public service.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1976-12-10;6398)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6398&ano=1976&data=10/12/1976&ato=283oXUq50MnRVT632)
3. LexML Brasil