# Law No. 6428 of July 1, 1977

> Brazilian law

**Wikidata**: [Q105659736](https://www.wikidata.org/wiki/Q105659736)  
**Source**: https://4ort.xyz/entity/law-no-6428-of-july-1-1977

## Summary
Law No. 6428 of July 1, 1977, is a Brazilian statute enacted by the Presidency of the Federative Republic of Brazil under President Ernesto Geisel. This law addresses matters related to the Federal Government of Brazil, including provisions on prohibition, incorporation, railway use, and application. It serves as a formal legal instrument governing specific administrative and regulatory aspects within Brazil's federal jurisdiction.

## Key Facts
- **Official Title:** Lei nº 6428, de 1 de julho de 1977
- **Enactment Date:** July 1, 1977
- **Approved By:** Presidency of the Federative Republic of Brazil (President Ernesto Geisel)
- **Jurisdiction:** Applies to the entire territory of Brazil
- **Language:** Written in Brazilian Portuguese
- **Legal Classification:** Instance of a statute (formal written document creating law)
- **Main Subjects:** Federal Government of Brazil, prohibition, incorporation, railway use, and application
- **Publication Location:** Brasília, Brazil
- **Legal Citation:** Lei nº 6428/1977
- **Digital Identifier:** LexML Brazil ID: urn:lex:br:federal:lei:1977-07-01;6428
- **Online Availability:** Full text available at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6428.htm
- **Wikidata Description:** Brazilian law
- **WikiProject:** Part of WikiProject Brazilian Laws

## FAQs

**What is the purpose of Law No. 6428 of July 1, 1977?**
Law No. 6428 of July 1, 1977, serves as a regulatory framework addressing specific matters related to the Federal Government of Brazil. It includes provisions concerning prohibition, incorporation, railway use, and application, functioning as a legal instrument to govern these administrative aspects within the federal jurisdiction.

**Who approved Law No. 6428 of July 1, 1977?**
The law was approved by the Presidency of the Federative Republic of Brazil under President Ernesto Geisel. It was promulgated on July 1, 1977, as part of the legislative process during his administration.

**Where can the full text of Law No. 6428 of July 1, 1977 be found?**
The complete text of the law is publicly available online through the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6428.htm. It is also accessible via the LexML Brazil legal information system with the identifier urn:lex:br:federal:lei:1977-07-01;6428.

**What are the main subjects covered by Law No. 6428 of July 1, 1977?**
The law primarily addresses five key areas: the Federal Government of Brazil (referred to as "União Federal"), prohibition ("Proibição"), incorporation ("Incorporação"), railway ("Ferrovia"), and use/application ("Aplicação"). These subjects reflect the law's focus on regulatory and administrative matters within the federal context.

**Is Law No. 6428 of July 1, 1977 still in effect?**
While the source material does not explicitly state the current legal status, the law remains part of Brazil's legal corpus and is documented in official legal databases. Its provisions may have been amended or superseded by subsequent legislation, but it continues to be referenced as a historical legal instrument.

## Why It Matters

Law No. 6428 of July 1, 1977, represents an important piece of Brazilian federal legislation that contributes to the country's legal framework governing administrative and regulatory matters. As a statute enacted during the military government period under President Ernesto Geisel, it reflects the legislative priorities and governance approaches of that era. The law's provisions on prohibition, incorporation, and railway use demonstrate the federal government's role in regulating key economic and administrative sectors. By addressing these specific areas, the law helps establish clear legal parameters for federal operations and interactions with other entities. Its continued documentation in official legal databases ensures transparency and accessibility of Brazil's legislative history, which is crucial for legal research, historical analysis, and understanding the evolution of Brazilian federal governance.

## Notable For

- **Presidential Approval:** One of the laws promulgated during Ernesto Geisel's presidency (1974-1979), a significant period in Brazil's military government era
- **Comprehensive Federal Regulation:** Addresses multiple key areas including prohibition, incorporation, and railway use within a single legal instrument
- **Digital Preservation:** Fully documented in Brazil's official legal databases with persistent digital identifiers
- **Multifaceted Subjects:** Uniquely combines provisions related to both administrative procedures and transportation infrastructure
- **Historical Context:** Represents legislative output from Brazil's military government period, providing insight into governance approaches of that era
- **Official Documentation:** Maintains complete documentation in both the Planalto government portal and LexML legal information system

## Body

### Legislative Context and Enactment

Law No. 6428 of July 1, 1977, was enacted during a significant period in Brazil's political history. The law was approved by President Ernesto Geisel, who served as the 29th President of Brazil from March 15, 1974, to March 15, 1979. Geisel's administration represented a phase of controlled political liberalization within Brazil's military government, which had been in power since the 1964 coup d'état.

The law was promulgated on July 1, 1977, following the standard legislative process for federal laws in Brazil. As a statute, it represents a formal written document that creates law, falling under the broader category of legal instruments that include acts, executive orders, and by-laws. The promulgation in Brasília, Brazil's capital since 1960, reflects the centralized nature of federal legislation during this period.

### Legal Classification and Structure

Law No. 6428 is classified as an instance of a statute, which in legal terminology refers to a formal written document that establishes legal rules. Within Brazil's legal system, statutes serve as the primary instruments through which the federal government exercises its legislative authority. The law is written in Brazilian Portuguese, the official language of Brazil, and follows the standard legal drafting conventions of the Brazilian legal system.

The structure of the law addresses multiple interconnected subjects, demonstrating its comprehensive approach to federal regulation. The main subjects covered include:
- **Federal Government of Brazil** (referred to as "União Federal")
- **Prohibition** ("Proibição")
- **Incorporation** ("Incorporação")
- **Railway** ("Ferrovia")
- **Use/Application** ("Aplicação")

This multifaceted approach suggests that the law was designed to address several related administrative and regulatory concerns within a single legislative instrument.

### Content and Provisions

While the specific textual content of Law No. 6428 is not detailed in the source material, the identified main subjects provide insight into its regulatory scope:

**Federal Government Provisions:**
The law includes regulations specifically pertaining to the Federal Government of Brazil. These provisions likely establish parameters for federal operations, intergovernmental relations, or specific administrative procedures that fall under federal jurisdiction.

**Prohibition Measures:**
The inclusion of "prohibition" as a main subject suggests that the law contains restrictive measures or prohibitions on certain activities, behaviors, or practices. These could relate to economic activities, administrative procedures, or specific federal operations.

**Incorporation Regulations:**
The incorporation provisions likely address the process and requirements for incorporating entities, organizations, or assets into the federal system. This could include procedures for bringing private entities under federal control or integrating new administrative structures.

**Railway Regulations:**
The railway provisions indicate that the law contains regulations specifically governing railway operations, use, or administration. Given Brazil's extensive railway network and its importance to national infrastructure, these provisions would establish legal frameworks for federal oversight of railway systems.

**Application Guidelines:**
The application provisions likely outline how the various regulations contained in the law should be implemented, enforced, or interpreted by federal authorities and other relevant entities.

### Digital Documentation and Accessibility

Law No. 6428 of July 1, 1977, benefits from comprehensive digital documentation, ensuring its accessibility for legal research and historical analysis. The law is available through multiple official channels:

**Planalto Government Portal:**
The complete text of the law is accessible through the official Brazilian government legislation portal at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l6428.htm. This portal serves as the primary repository for all Brazilian federal legislation.

**LexML Brazil:**
The law is also documented in the LexML Brazil legal information system with the persistent identifier urn:lex:br:federal:lei:1977-07-01;6428. LexML is a collaborative network that integrates legal information from various Brazilian legal databases, providing a comprehensive resource for legal research.

**Wikidata Integration:**
The law is cataloged in Wikidata with the description "Brazilian law," and it is part of WikiProject Brazilian Laws. This integration ensures that the law is connected to the broader semantic web of legal information, facilitating cross-referencing with other legal instruments and historical context.

### Historical and Political Context

The enactment of Law No. 6428 occurred during a pivotal period in Brazil's political history. The 1970s represented the latter phase of Brazil's military government, which had begun with the 1964 coup d'état that overthrew President João Goulart. President Ernesto Geisel's administration (1974-1979) is particularly noted for initiating a process of gradual political liberalization known as "distensão" (relaxation).

This period saw the military government attempting to maintain control while slowly opening political space. The legislative output of this era, including Law No. 6428, reflects the government's approach to maintaining federal authority while beginning to address some of the economic and administrative challenges facing the country.

The law's provisions on railway regulation are particularly notable given the historical context. Brazil's railway system had undergone significant development during the 19th and early 20th centuries but faced challenges related to modernization and integration during the military government period. Federal regulations governing railway use would have been crucial for maintaining and developing this important infrastructure.

### Relationship to Other Legal Instruments

As a federal statute, Law No. 6428 of July 1, 1977, exists within a broader framework of Brazilian legislation. It would have been created through the standard legislative process, which typically involves:

1. **Draft Legislation:** Initial proposal and drafting of the law
2. **Legislative Approval:** Review and approval by the National Congress of Brazil
3. **Presidential Promulgation:** Final approval and signing by the President
4. **Publication:** Official publication in the Diário Oficial da União (Official Gazette)

The law would have been influenced by and would influence other legal instruments in Brazil's federal system. Its provisions on prohibition, incorporation, and railway use would interact with existing regulations in these areas, potentially amending or supplementing previous legislation.

### Legal Citation and Reference

Law No. 6428 of July 1, 1977, follows the standard Brazilian legal citation format: "Lei nº 6428/1977." This citation format is commonly used in legal documents, academic research, and official communications to reference specific laws. The citation includes:
- "Lei" (Law)
- "nº" (number)
- "6428" (the law's numerical identifier)
- "1977" (the year of enactment)

This standardized citation system facilitates easy reference and retrieval of the law within Brazil's legal system.

### Jurisdictional Scope

The law applies to the entire jurisdiction of Brazil, as indicated by its classification as a federal law. This means that its provisions are binding throughout all of Brazil's 26 states and the Federal District. The federal nature of the law gives it precedence over state and municipal laws in the areas it regulates.

Brazil's federal system, established by the Constitution, divides legislative authority between the federal government and state governments. Federal laws like Law No. 6428 address matters that fall under federal jurisdiction, which typically include national infrastructure, interstate commerce, and other issues of national importance.

### Preservation and Historical Significance

Law No. 6428 of July 1, 1977, continues to be preserved in Brazil's official legal archives, reflecting the country's commitment to maintaining a complete record of its legislative history. This preservation is important for several reasons:

**Legal Research:** The law provides a historical reference point for understanding the evolution of Brazilian legislation in the areas it addresses.

**Historical Analysis:** As a product of the military government era, the law offers insights into the legislative priorities and governance approaches of that period.

**Precedent Study:** While potentially superseded by later legislation, the law may still serve as precedent or provide context for interpreting current regulations.

**Transparency:** The continued availability of the law demonstrates Brazil's commitment to transparency in governance and accessibility of legal information.

The law's inclusion in digital legal databases ensures that it remains accessible to researchers, legal professionals, and the general public, contributing to the broader understanding of Brazil's legal development.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1977-07-01;6428)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6428&ano=1977&data=01/07/1977&ato=e90AzYE9UNnRVTe50)