# Law No. 6858 of November 24, 1980

> Brazilian law

**Wikidata**: [Q105659765](https://www.wikidata.org/wiki/Q105659765)  
**Source**: https://4ort.xyz/entity/law-no-6858-of-november-24-1980

## Summary
Law No. 6858 of November 24, 1980 is a Brazilian federal statute that regulates the payment of outstanding financial benefits to dependents of deceased individuals who did not receive them during their lifetimes. It addresses social security, military pensions, FGTS deposits, and other entitlements, ensuring posthumous access to these rights.

## Key Facts
- **Official Title:** Lei nº 6858, de 24 de novembro de 1980  
- **Country of Origin:** Brazil  
- **Date of Enactment:** November 24, 1980  
- **Place of Publication:** Brasília  
- **Promulgated By:** Presidency of the Federative Republic of Brazil (João Figueiredo)  
- **Instance Of:** Statute  
- **Language of Record:** Brazilian Portuguese  
- **Legal Citation:** Lei nº 6858/1980  
- **Digest Summary:** "DISPÕE SOBRE O PAGAMENTO, AOS DEPENDENTES DE SUCESSORES DE VALORES NÃO RECEBIDOS EM VIDA PELOS RESPECTIVOS TITULARES."  
- **Main Subjects:** Cause, income tax, economic value, limitation, benefit, military, FGTS, absence, legal norms, deposit, social security, tax, rights, legislation, decision, receipt, FPAS, government employee, quota, extension  
- **Published At:** [Official Portal](https://www.planalto.gov.br/ccivil_03/leis/l6858.htm)  
- **LexML ID:** urn:lex:br:federal:lei:1980-11-24;6858  
- **Applies To Jurisdiction:** Brazil  
- **Focus List:** WikiProject Brazilian Laws  

## FAQs

**What is Law No. 6858 of November 24, 1980 about?**  
Law No. 6858 establishes the conditions under which dependents of deceased individuals can claim financial benefits or entitlements that were not received by the deceased during their lifetime. These include pensions, FGTS deposits, and other social or economic benefits.

**Who does this law apply to?**  
This law applies to dependents of individuals who passed away without receiving certain financial entitlements, such as military pensions, social security benefits, or FGTS deposits. It ensures that these benefits are not lost upon the death of the entitled individual.

**What government body approved this law?**  
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, under President João Figueiredo, on November 24, 1980.

**What are the main topics covered in this law?**  
The law covers a wide range of subjects including social security, military pensions, FGTS deposits, income tax implications, legal norms, and the rights of dependents to claim unpaid benefits.

**Is this law still in effect?**  
Yes, Law No. 6858 remains in effect and is part of Brazil’s current legal framework, particularly in matters related to posthumous financial entitlements.

**Where can the full text of the law be accessed?**  
The full text is available on the official government portal at [this link](https://www.planalto.gov.br/ccivil_03/leis/l6858.htm).

## Why It Matters
Law No. 6858 plays a critical role in protecting the financial rights of dependents of deceased individuals, particularly in cases where the deceased had not yet accessed their entitled benefits. It ensures that entitlements such as FGTS deposits, military pensions, and social security benefits are not forfeited upon death. This law contributes to social justice by providing a legal mechanism for dependents to claim unpaid benefits, thereby reducing economic hardship and ensuring continuity of support for surviving family members. It also reflects the Brazilian state’s commitment to social protection and legal equity, especially in the context of labor and military service.

## Notable For
- **Social Protection Focus:** Uniquely addresses the posthumous payment of benefits, ensuring dependents are not left without recourse.  
- **Multi-Faceted Coverage:** Covers a wide range of entitlements including FGTS, social security, military pensions, and civil servant benefits.  
- **Legal Norm Integration:** Incorporates multiple legal norms and regulatory frameworks, making it a comprehensive instrument in Brazilian social law.  
- **Historical Context:** Enacted during João Figueiredo’s presidency, a period of significant social and economic transition in Brazil.  
- **Public Domain Accessibility:** Available through official government channels and indexed under LexML, ensuring public access.  
- **Inclusion in WikiProject Brazilian Laws:** Recognized as a significant legal document in the collaborative effort to catalog and describe Brazilian legislation.  

## Body

### Legislative Context and Enactment
Law No. 6858 was enacted on November 24, 1980, during the presidency of João Figueiredo, who oversaw its promulgation. It was published in Brasília and is officially titled "Lei nº 6858, de 24 de novembro de 1980." The law was created to address gaps in the legal framework concerning the payment of entitlements to dependents of deceased individuals who had not accessed them during their lifetimes.

### Legal Classification and Structure
As a statute, Law No. 6858 is classified as a formal written legal document that creates law. It is part of Brazil’s statutory law and is categorized under the broader legal concept of legislation. The law is composed of legal norms and is part of the broader legal framework governing social security, FGTS, and military pensions.

### Main Provisions and Subject Areas
The law addresses a wide range of subjects, including:
- **Cause (Motivo)**
- **Income Tax (Imposto De Renda)**
- **Economic Value (Valor)**
- **Limitation (Limitação)**
- **Benefit (Beneficio)**
- **Military (Militar)**
- **FGTS (Fundo De Garantia Por Tempo De Serviço)**
- **Absence (Ausencia)**
- **Legal Norm (Normas)**
- **Deposit (Deposito)**
- **Social Security (Previdencia Social)**
- **Tax (Tributos)**
- **Rights (Direitos)**
- **Legislation (Legislação)**
- **Decision (Fixação)**
- **Receipt (Recebimento)**
- **FPAS (Fundo De Previdencia E Assistencia Social)**
- **Government Employee (Servidor Publico Civil)**
- **Quota (Cota)**
- **Extension (Extensão)**

These subjects reflect the law’s comprehensive approach to ensuring that dependents can claim unpaid benefits across multiple domains.

### Implementation and Jurisdiction
The law applies to the entire jurisdiction of Brazil and is implemented through the country’s legal and social security systems. It is accessible through official government channels and is part of the public domain, ensuring transparency and legal accessibility.

### Official Documentation and References
- **LexML Brazil ID:** urn:lex:br:federal:lei:1980-11-24;6858  
- **Legal Citation:** Lei nº 6858/1980  
- **Digest Summary:** "DISPÕE SOBRE O PAGAMENTO, AOS DEPENDENTES DE SUCESSORES DE VALORES NÃO RECEBIDOS EM VIDA PELOS RESPECTIVOS TITULARES."  
- **Work Available At URL:** [Official Portal](https://www.planalto.gov.br/ccivil_03/leis/l6858.htm)  
- **Language of Work or Name:** Brazilian Portuguese  
- **Approved By:** Presidency of the Federative Republic of Brazil (João Figueiredo)  
- **Publication Date:** November 24, 1980  
- **Place of Publication:** Brasília  

### Role in Social and Legal Frameworks
Law No. 6858 is a key component of Brazil’s social protection system. It ensures that dependents of deceased individuals are not left without access to entitlements such as FGTS deposits, military pensions, and social security benefits. The law reflects the Brazilian state’s commitment to legal equity and social justice, particularly in the context of labor and military service.

### Inclusion in Legal Projects and Databases
The law is part of the **WikiProject Brazilian Laws**, an initiative to catalog and describe significant Brazilian legislation. It is also indexed in the **LexML Brazil** database, which provides structured access to legal documents in Brazil. This ensures that the law is accessible to legal professionals, researchers, and the public.

### Legacy and Impact
Law No. 6858 remains a foundational legal instrument in Brazil’s social security framework. It has had a lasting impact on the rights of dependents and continues to be relevant in ensuring that financial benefits are not lost upon the death of the entitled individual. Its comprehensive coverage of multiple entitlements makes it a unique and significant piece of legislation in the Brazilian legal system.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1980-11-24;6858)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6858&ano=1980&data=24/11/1980&ato=548ATRU9UMrRVT775)
3. LexML Brasil