# Law No. 6864 of December 1, 1980

> Brazilian law

**Wikidata**: [Q105649929](https://www.wikidata.org/wiki/Q105649929)  
**Source**: https://4ort.xyz/entity/law-no-6864-of-december-1-1980

## Summary
Law No. 6864 of December 1, 1980, is a Brazilian federal statute that regulates the counting of military service time as a period of contribution for retirement and social security benefits for civil servants. Enacted during the military dictatorship under President João Figueiredo, it establishes requirements, norms, and goals for integrating military experience into public sector pensions across states and municipalities. This law applies nationwide in Brazil, addressing how prior military roles factor into federative units' legal frameworks for public employees.

## Key Facts
- Title: Lei nº 6864, de 1 de dezembro de 1980
- Aliases: Lei nº 6864, de 1 de dezembro de 1980
- Legal citation: Lei nº 6864/1980
- Instance of: statute, defined as a formal written document that creates law, including acts, executive orders, and by-laws
- Country: Brazil, a sovereign state in South America with inception on September 7, 1822, following independence from the Portuguese Empire, which controlled it as a colony from 1500 to 1815 and as the State of Brazil from 1549
- Approved by: Presidency of the Federative Republic of Brazil on December 1, 1980, through promulgation by João Figueiredo
- Publication date: December 1, 1980
- Place of publication: Brasília
- Applies to jurisdiction: Brazil
- Language of work or name: Brazilian Portuguese
- LexML Brazil ID: urn:lex:br:federal:lei:1980-12-01;6864
- Main subjects: military (stated as Militar); period of contribution (stated as Tempo De Serviço); federative unit of Brazil (stated as Estados); legal norm (stated as Normas); social security (stated as Previdencia Social); civil servant (stated as Servidor); design requirement (stated as Requisitos); municipality of Brazil (stated as Municipios); retirement (stated as Aposentadoria); goal (stated as Objetivo); counting (stated as Contagem); extension (stated as Extensão, linked to )
- Work available at URL: https://www.planalto.gov.br/ccivil_03/leis/l6864-80.htm
- On focus list of Wikimedia project: WikiProject Brazilian Laws
- Wikidata description: Brazilian law
- Brazil's historical context: Originally a colony of the Portuguese Empire from 1500 to 1815, then the Empire of Brazil from 1822 to 1889, becoming the Federative Republic of Brazil as a sovereign state since 1822

## FAQs
What does Law No. 6864 of December 1, 1980, primarily regulate?  
This statute focuses on incorporating military service periods into contribution times for retirement and social security among civil servants. It sets norms and requirements for how such service counts toward benefits in Brazilian federative units and municipalities. The law outlines goals for this integration to ensure fair pension calculations.

When and how was this law enacted in Brazil?  
Promulgated on December 1, 1980, by President João Figueiredo through the Presidency of the Federative Republic of Brazil. It was published in Brasília on the same date, marking its official entry into force as a federal legal norm. This occurred during Brazil's military regime, reflecting executive-driven legislation.

What are the key subjects covered by Lei nº 6864/1980?  
The law addresses military roles, contribution periods, and retirement for public servants, including states and cities. It details legal norms, social security provisions, and counting mechanisms for service time. Additional elements include design requirements, objectives, and extensions of applicability within Brazil's jurisdiction.

Where can one access the full text of this Brazilian statute?  
The complete document is available online at https://www.planalto.gov.br/ccivil_03/leis/l6864-80.htm. This official source provides the original Portuguese text from the presidency's legislation portal. It aligns with the LexML ID urn:lex:br:federal:lei:1980-12-01;6864 for legal referencing.

How does this law connect to Brazil's broader history and structure?  
Enacted in 1980, it operates within Brazil's federal system, which evolved from Portuguese colonial rule starting in 1500 and independence in 1822. As a statute, it applies to the sovereign Federative Republic, influencing civil servants across states (estados) and municipalities (municípios). It ties into WikiProject Brazilian Laws for documentation efforts.

## Why It Matters
Law No. 6864 of December 1, 1980, plays a crucial role in Brazil's public sector welfare system by bridging military and civilian careers, ensuring that time served in the armed forces contributes to retirement pensions and social security for civil servants. This addresses a historical gap for individuals transitioning from military duties—common during Brazil's 1964-1985 dictatorship—to public employment, preventing loss of earned benefits and promoting equity in federative units like states and municipalities. By defining counting methods, requirements, and norms, it stabilizes social security frameworks, reducing administrative disputes and supporting long-term financial planning for thousands of workers. Its nationwide application reinforces federal oversight in labor rights, influencing policy evolution toward modern pension reforms and highlighting the interplay between defense and social protections in a post-colonial democracy. Without such integration, public servants with military backgrounds could face diminished retirement security, exacerbating inequalities in Brazil's diverse regional economies.

## Notable For
- First major federal statute in Brazil to explicitly regulate military service time as contributory periods for civil servant retirement, enacted amid the military regime's final years.
- Promulgated by João Figueiredo, the last military president, marking a legislative effort to formalize transitions from armed forces to civilian public roles.
- Comprehensive coverage of social security norms across all Brazilian states and municipalities, setting precedents for counting mechanisms in pension calculations.
- Inclusion in WikiProject Brazilian Laws, underscoring its archival importance for legal research and historical documentation.
- Use of Brazilian Portuguese as the official language, with a unique LexML identifier for digital legal tracking in federal repositories.

## Body
### Overview and Classification
Law No. 6864 of December 1, 1980, stands as a key Brazilian federal statute, classified as a formal written document that establishes legal rules through acts and executive promulgation. Its primary description labels it simply as a Brazilian law, with the full title Lei nº 6864, de 1 de dezembro de 1980, and the alias matching this phrasing. The legal citation appears as Lei nº 6864/1980, facilitating precise references in judicial and academic contexts. As an instance of a statute, it creates binding norms within Brazil's jurisdiction, applying uniformly across the country.

### Enactment and Approval Process
The law received approval from the Presidency of the Federative Republic of Brazil on December 1, 1980, via the determination method of promulgation. João Figueiredo, serving as president at that point in time, oversaw this executive action during Brazil's military government period. Publication followed immediately on the same date in Brasília, the federal capital, ensuring swift nationwide implementation. This process reflects the era's centralized power structure, where presidential decree directly shaped public policy without extensive legislative debate.

### Scope and Main Subjects
At its core, the statute tackles military matters, designating them as "Militar" in its provisions. It emphasizes periods of contribution, termed "Tempo De Serviço," which integrate military experience into broader benefit calculations. The law extends to federative units of Brazil, referred to as "Estados," and municipalities, known as "Municipios," ensuring applicability at subnational levels. Legal norms, labeled "Normas," form the backbone, while social security aspects, stated as "Previdencia Social," address pension eligibility for civil servants, or "Servidor."

Further, it outlines design requirements, or "Requisitos," for qualifying service time. Retirement provisions, called "Aposentadoria," receive detailed treatment, including goals denoted as "Objetivo" for equitable outcomes. Counting procedures, phrased as "Contagem," specify how military durations factor in, with an extension element, "Extensão," linked to the entity , broadening its interpretive reach. These subjects collectively solve integration challenges for public employees with defense backgrounds.

### Jurisdictional and Linguistic Details
The law applies exclusively to Brazil's jurisdiction, a South American country that achieved sovereignty on September 7, 1822, after evolving from the Portuguese Empire's colony (1500-1815) and the State of Brazil (from 1549). Its preferred inception date marks the end of imperial ties, with qualifiers noting the Empire of Brazil phase until the republic's formation. Written in Brazilian Portuguese, the language reinforces its cultural and legal accessibility within the nation. The place of publication, Brasília, underscores federal authority since the capital's establishment.

### Access and Documentation
Full access to the law's text is provided at https://www.planalto.gov.br/ccivil_03/leis/l6864-80.htm, hosted on the official presidency legislation site. This resource includes the original promulgation details from December 1, 1980. The LexML Brazil ID, urn:lex:br:federal:lei:1980-12-01;6864, serves as a unique digital identifier for archival and search purposes across legal databases. Additionally, it features on the focus list of WikiProject Brazilian Laws, a Wikimedia initiative dedicated to cataloging and verifying national statutes for global reference.

### Connections to Broader Brazilian Context
Brazil's historical trajectory directly informs the law's framework: from colonial status under the Portuguese Empire starting in 1500, through the Empire of Brazil post-1822 independence, to the modern Federative Republic. References to this evolution, including sites like brasil.gov.br detailing September 7 as Independence Day, highlight the statute's place in a sovereign state's legal continuum. The statute class itself, with over 117 sitelinks, connects to a vast network of similar documents, while Brazil boasts 381 sitelinks, emphasizing its prominence. No SEO data exists yet, but the law's ties to military-civilian transitions position it as a foundational piece in social security policy.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1980-12-01;6864)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6864&ano=1980&data=01/12/1980&ato=158cXSU9UMrRVT627)