# Law No. 6401 of December 10, 1976

> Brazilian law

**Wikidata**: [Q105659652](https://www.wikidata.org/wiki/Q105659652)  
**Source**: https://4ort.xyz/entity/law-no-6401-of-december-10-1976

## Summary
Law No. 6401 of December 10, 1976, is a Brazilian statute enacted to grant a special pension to Rosalina Thome Moreira and address other provisions. It was promulgated during the presidency of Ernesto Geisel and remains part of Brazil’s statutory law framework. The law exemplifies the formal legislative process in Brazil, reflecting the government’s authority to establish specific benefits through statutory instruments.

## Key Facts
- **Enactment Date:** December 10, 1976.
- **Jurisdiction:** Federative Republic of Brazil.
- **Approved By:** President Ernesto Geisel.
- **Legal Citation:** Lei nº 6401/1976.
- **Primary Purpose:** Granted a special pension to Rosalina Thome Moreira and included additional provisions.
- **Language:** Brazilian Portuguese.
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1976-12-10;6401`.
- **Publication Location:** Brasília.
- **Related Project:** Part of WikiProject Brazilian Laws.
- **Work Availability:** Accessible via the Brazilian Presidency’s legal database at [https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6401.htm](https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6401.htm).

## FAQs
**What is the main purpose of Law No. 6401 of December 10, 1976?**  
This law primarily granted a special pension to Rosalina Thome Moreira and included other administrative provisions, reflecting targeted legislative action in Brazil during the 1970s.

**Who enacted Law No. 6401?**  
The law was approved by President Ernesto Geisel, who served as the President of Brazil from 1974 to 1979 under the military government.

**Where can the full text of Law No. 6401 be accessed?**  
The complete text is available through the official Brazilian legal database at [https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6401.htm](https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6401.htm).

**Is Law No. 6401 still in effect?**  
As a statutory law, its provisions remain valid unless explicitly repealed by subsequent legislation, consistent with Brazil’s legal system.

## Why It Matters
Law No. 6401 of December 10, 1976, matters as a specific example of Brazil’s statutory law framework during the military government era. It demonstrates the legislative process for granting individual benefits and underscores the role of presidential authority in enacting laws. While niche in scope, the law contributes to the broader understanding of Brazil’s legal history, particularly regarding pension provisions and administrative governance under military rule.

## Notable For
- **Targeted Legislation:** Specifically named Rosalina Thome Moreira as a beneficiary of a special pension.
- **Military Government Context:** Enacted during the administration of President Ernesto Geisel, a key figure in Brazil’s military dictatorship (1964–1985).
- **Statutory Law Example:** Illustrates the structure and function of Brazilian statutes, including formal promulgation and publication processes.
- **Digital Accessibility:** Available in the LexML Brazil database, ensuring public access to historical legal documents.

## Body

### Enactment and Legal Context
Law No. 6401 was promulgated on December 10, 1976, during the presidency of Ernesto Geisel, who led Brazil’s military government from 1974 to 1979. The law adheres to Brazil’s statutory framework, which requires formal approval by the executive branch and publication in the *Diário Oficial da União* (Official Gazette of the Union). As a statute, it derives its authority from the 1967 Constitution (amended in 1968), which governed Brazil during the military regime.

### Provisions and Purpose
The law’s primary provision granted a special pension to Rosalina Thome Moreira, a specific individual recognized by the state. This action aligns with Article 196 of the 1967 Constitution, which permitted the government to establish exceptional benefits through statutory law. Additional provisions within Law No. 6401 addressed administrative matters, though the text emphasizes the pension grant as its central objective.

### Historical and Administrative Significance
As a product of the military government era, Law No. 6401 reflects the centralized legislative authority characteristic of that period. The law’s enactment process—approval by the president and publication in the official gazette—mirrors the formal procedures outlined in the 1967 Constitution. Its inclusion in the LexML Brazil database and the WikiProject Brazilian Laws highlights modern efforts to digitize and preserve Brazil’s legal history, ensuring transparency and accessibility for researchers and citizens.

### Connection to Broader Legal Framework
Law No. 6401 operates within Brazil’s civil law tradition, where statutes serve as the primary source of law. It complements other legislative acts from the 1970s, such as laws regulating pensions, public administration, and military affairs. While focused on a single beneficiary, the law exemplifies the government’s capacity to enact targeted statutory measures, a practice continued under subsequent democratic administrations post-1985.

### Legacy and Accessibility
Today, Law No. 6401 remains accessible via the Brazilian Presidency’s legal portal and the LexML initiative, which aims to systematize Brazilian legislation. Its digital availability underscores the importance of preserving historical legal documents, particularly those from periods of authoritarian rule, to support academic research and public accountability. The law’s structure and language also provide insight into the formalistic drafting style of Brazilian statutes during the 20th century.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1976-12-10;6401)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6401&ano=1976&data=10/12/1976&ato=349ITUq50MnRVT79a)
3. LexML Brasil