# Law No. 7138 of November 7, 1983 > Brazilian law **Wikidata**: [Q105650035](https://www.wikidata.org/wiki/Q105650035) **Source**: https://4ort.xyz/entity/law-no-7138-of-november-7-1983 ## Summary Law No. 7138 of November 7, 1983 (Lei nº 7138/1983) is a Brazilian federal statute that amends paragraph 2 of Article 72 of Law No. 5.108 of September 21, 1966, which constitutes the National Traffic Code (Código Nacional de Trânsito). Promulgated by President João Figueiredo on behalf of the Presidency of the Federative Republic of Brazil, this law represents a specific legislative modification to Brazil's traffic regulations and is classified as a statute—a formal written document that creates law within the Brazilian legal system. ## Key Facts - **Official Title:** Lei nº 7138, de 7 de novembro de 1983 - **Legal Citation:** Lei nº 7138/1983 - **Publication Date:** November 7, 1983 - **Place of Publication:** Brasília, Brazil - **Language:** Brazilian Portuguese - **Country:** Brazil - **Jurisdiction:** Brazil (applies to the entire federative republic) - **Promulgating Authority:** Presidency of the Federative Republic of Brazil - **Signing President:** João Figueiredo - **Instance Of:** Statute (formal written document that creates law) - **LEXML Brazil ID:** urn:lex:br:federal:lei:1983-11-07;7138 - **Legal Subject Matter:** Procedure (Procedimento) and Change (Alteração) - **Purpose:** Amends paragraph 2 of Article 72 of Law 5.108/1966 (National Traffic Code) - **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7138.htm ## FAQs **What does Law No. 7138 of November 7, 1983 do?** Law No. 7138/1983 amends paragraph 2 of Article 72 of Law No. 5.108 of September 21, 1966, which is the National Traffic Code (Código Nacional de Trânsito). This means it modifies a specific provision within Brazil's foundational traffic law, changing the text or requirements of that particular paragraph. **Who signed Law No. 7138/1983?** The law was signed by President João Figueiredo, who served as the President of Brazil from 1979 to 1985. The signing occurred on November 7, 1983, through the act of promulgation by the Presidency of the Federative Republic of Brazil. **What is the relationship between Law 7138/1983 and the National Traffic Code?** Law 7138/1983 is a amending statute (lei modificativa) that specifically targets Law 5.108/1966, known as the National Traffic Code. The National Traffic Code was the primary legislation governing traffic regulations in Brazil at that time, and Law 7138 made a targeted modification to one of its articles. **Where can Law No. 7138/1983 be accessed?** The full text of Law No. 7138/1983 is available through the official website of the Brazilian Presidency at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7138.htm. It is also catalogued in the LEXML Brazilian legal database under the identifier urn:lex:br:federal:lei:1983-11-07;7138. **What classification does Law 7138/1983 have in legal taxonomy?** Law 7138/1983 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes are the primary form of written law enacted by legislative bodies or the executive branch. This classification places it within the broader category of legal instruments that include acts, executive orders, and by-laws. ## Why It Matters Law No. 7138 of November 7, 1983 matters because it represents the legislative process in action—specifically, the amendment of existing law to address evolving needs or correct provisions within Brazil's traffic regulatory framework. While the specific content of the amendment to paragraph 2 of Article 72 of the National Traffic Code may seem technical, it exemplifies how Brazilian law evolves through formal statutory modifications rather than wholesale replacements. The National Traffic Code (Law 5.108/1966) was a foundational piece of legislation governing all aspects of road traffic in Brazil, and amendments like Law 7138/1983 demonstrate the dynamic nature of legal frameworks that must adapt to changing traffic patterns, vehicle technologies, and safety requirements. By modifying only a specific paragraph rather than rewriting the entire code, the Brazilian legislature demonstrated an efficient approach to legal updates—changing what needed to change while preserving the broader regulatory structure. This law also reflects the administrative context of Brazil during the 1980s, a period when the country was transitioning from military rule toward democratic governance. The amendment of traffic regulations during this era represented the ongoing administrative function of government, maintaining the machinery of state even as broader political transformations were underway. ## Notable For - **Targeted Legislative Amendment:** Represents a precise modification to existing traffic law rather than comprehensive legislation, demonstrating the amendment process in Brazilian statutory law. - **Presidential Promulgation:** Enacted through the Presidency of the Federative Republic of Brazil under President João Figueiredo, reflecting the executive's role in the legislative process. - **Part of Brazilian Legal Infrastructure:** Contributes to the larger body of Brazilian statutory law governing traffic and transportation, a critical aspect of public safety and infrastructure. - **Official Legal Identifier:** Assigned the LEXML identifier urn:lex:br:federal:lei:1983-11-07;7138, integrating it into Brazil's structured legal information system. - **Historical Legal Document:** Originating from 1983, it represents a snapshot of Brazilian traffic law during a specific period of the country's legal and political development. ## Body ### Legislative Context and Purpose Law No. 7138 of November 7, 1983 was enacted as an amending statute (lei modificativa) within the Brazilian legal system. Its explicit purpose, as indicated in its legal digest, is to "ALTERA A REDAÇÃO DO PARAGRAFO 2 DO ARTIGO 72 DA LEI 5.108, DE 21 DE SETEMBRO DE 1966 - CODIGO NACIONAL DE TRANSITO" (Alter the wording of paragraph 2 of Article 72 of Law 5.108, of September 21, 1966 - National Traffic Code). The National Traffic Code (Código Nacional de Trânsito), established by Law 5.108/1966, served as the comprehensive framework for traffic regulations throughout Brazil. This legislation governed matters including traffic rules, driver licensing, vehicle registration, and road safety requirements. Law 7138/1983 represents one of several amendments made to this foundational code over time, specifically modifying a single paragraph within Article 72. ### Legal Classification and Characteristics As a Brazilian federal statute, Law 7138/1983 possesses the characteristics common to all statutes within the Brazilian legal system: - **Formal Written Document:** It exists as a formal, written legal instrument promulgated according to constitutional requirements. - **Creates Law:** As a statute, it carries the force of law and is binding throughout the Brazilian jurisdiction. - **Legal Norm:** It contains legal norms that regulate conduct related to traffic matters. - **Hierarchical Position:** Statutes occupy a position of authority beneath the Constitution but above administrative regulations and local laws. The law is classified under the main subjects of "procedure" (Procedimento) and "change" (Alteração), reflecting both its procedural nature as an amending mechanism and its substantive effect of changing existing legal text. ### Executive Authority and Promulgation Law 7138/1983 was promulgated by the Presidency of the Federative Republic of Brazil, signed by President João Figueiredo on November 7, 1983. President Figueiredo served as the 30th President of Brazil from March 15, 1979, to March 15, 1985, during the military dictatorship period that governed Brazil from 1964 to 1985. The act of promulgation represents the formal process by which a law is authorized and made effective within the Brazilian legal system. Following passage by the National Congress, presidential promulgation gives the law official status and binding authority. ### Publication and Official Records The law was published in Brasília, the capital of Brazil, reflecting the federal nature of the legislation. Official publication in the capital city is a requirement for federal statutes, ensuring proper authentication and dissemination of the legal text. The law is catalogued in multiple official and academic databases: - **Primary Source:** The official text is maintained by the Brazilian Presidency at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7138.htm - **LEXML Database:** The structured legal identifier is urn:lex:br:federal:lei:1983-11-07;7138, part of Brazil's legal XML standardization initiative - **Legal Citation Standard:** Referenced as "Lei nº 7138/1983" in legal documents and academic references ### Relationship to Broader Legal Framework Law 7138/1983 exists within a hierarchy of Brazilian traffic legislation. It modifies Law 5.108/1966, which itself was part of a broader system of traffic regulation that has evolved significantly over the decades. The National Traffic Code represented Brazil's attempt to create a unified, comprehensive framework for traffic governance at a time when automobile ownership and road transportation were expanding rapidly throughout the country. This amending statute demonstrates the characteristic of statutory law to evolve incrementally—rather than repealing and replacing entire legal frameworks, legislatures often make targeted amendments to address specific issues, correct problems, or update provisions to reflect changing circumstances. ### Historical Significance Enacted in 1983, Law 7138/1983 emerged during a particular period in Brazilian history. The early 1980s represented the final years of military rule in Brazil, with the country beginning a gradual transition toward democratic governance. Despite the political context, the administrative function of government continued, including the maintenance and updating of the legal framework governing everyday matters like traffic regulation. The law also reflects the technological and administrative context of early 1980s Brazil—a period of significant urbanization and motorization that created new challenges for traffic management and road safety. Amendments to the National Traffic Code during this period addressed these emerging challenges through targeted legislative responses. ### Integration with Brazilian Legal Information Systems Law 7138/1983 is part of Brazil's structured legal information ecosystem. The LEXML system, which assigns the identifier urn:lex:br:federal:lei:1983-11-07;7138, provides a standardized method for referencing Brazilian legislation across legal databases, academic works, and government systems. This integration reflects Brazil's broader effort to modernize legal information management, ensuring that statutes like Law 7138/1983 remain accessible, citable, and searchable within the national legal information infrastructure. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1983-11-07;7138) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7138&ano=1983&data=07/11/1983&ato=cd8ATRE50dBpWTfe9) 3. LexML Brasil