# Law No. 7288 of December 18, 1984

> Brazilian law

**Wikidata**: [Q105650269](https://www.wikidata.org/wiki/Q105650269)  
**Source**: https://4ort.xyz/entity/law-no-7288-of-december-18-1984

## Summary

Law No. 7288 of December 18, 1984 is a Brazilian federal statute that adds a sole paragraph to Article 3 of Law 1.060 of February 5, 1950, which establishes provisions for judicial assistance (assistência judiciária) to economically disadvantaged individuals (necessitados). Enacted during the military government presidency of João Figueiredo, this law addresses legal aid and tax exemption matters within Brazil's civil procedure framework.

## Key Facts

- **Official Title:** Lei nº 7288, de 18 de dezembro de 1984
- **Legal Citation:** Lei nº 7288/1984
- **Publication Date:** December 18, 1984
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President:** João Figueiredo (signed on December 18, 1984)
- **Country:** Brazil
- **Jurisdiction:** Brazil (federal law)
- **Language:** Brazilian Portuguese
- **LEXML Identifier:** urn:lex:br:federal:lei:1984-12-18;7288
- **Classification:** Statute (formal written document that creates law)
- **Main Subject:** Change (Alteração), Legal Norm (Normas), Tax Exemption (Isenção)
- **Official Source:** https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7288.htm

## FAQs

**What does Law No. 7288/1984 do?**

Law No. 7288 of December 18, 1984 adds a sole paragraph (parágrafo único) to Article 3 of Law 1.060 of February 5, 1950. The original Law 1.060 established the framework for free judicial assistance (assistência judiciária) to citizens who cannot afford legal representation. The 1984 amendment modified this provision, likely expanding or clarifying aspects of legal aid or related tax exemptions.

**What is Law 1.060/1950 that this law amends?**

Law 1.060 of February 5, 1950 is the foundational Brazilian legislation establishing judicial assistance for the poor (assistência judiciária). It guarantees free access to the court system for economically disadvantaged individuals, including exemption from court fees, costs, and expenses associated with legal proceedings.

**Who was the President of Brazil when Law 7288/1984 was enacted?**

Law No. 7288 was promulgated by President João Figueiredo on December 18, 1984. João Figueiredo served as President of Brazil from 1979 to 1985, during the period of military rule in Brazil.

**What is the legal classification of Law 7288/1984?**

Law 7288/1984 is classified as a statute—a formal written document that creates law. It is an instance of "legal term or legal concept" and functions as a subclass of "written work," "document," and "rule." It is the manifestation of statutory law within the Brazilian legal system.

**What are the main subjects covered by this law?**

The law addresses three main subjects: change (alteração), legal norm (normas), and tax exemption (isenção). This indicates the law deals with procedural changes to existing legal provisions and potentially includes provisions related to exemptions from fees or taxes within the context of judicial assistance.

**Where can Law 7288/1984 be accessed?**

The full text of Law No. 7288 of December 18, 1984 is available in the official Brazilian government legislation portal at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7288.htm and through the LEXML legal database system.

## Why It Matters

Law No. 7288 of December 18, 1984 matters because it represents a significant refinement of Brazil's judicial assistance system, which ensures equal access to justice for all citizens regardless of their economic status. The amendment to Law 1.060/1950 demonstrates the ongoing evolution of Brazilian civil procedure to address practical barriers to legal access.

The concept of judicial assistance (assistência judiciária) is fundamental to democratic legal systems, as it ensures that the right to legal representation is not restricted to those who can afford it. By modifying Article 3 of Law 1.060, this 1984 statute contributed to making Brazil's court system more accessible to the poor, which is essential for the rule of law and due process protections.

This law also reflects the broader context of Brazilian legal development during the military government period (1964-1985). While the military regime was characterized by restricted political freedoms, it also enacted numerous technical-legal reforms to modernize Brazil's institutional framework. Law 7288/1984 represents one such technical amendment aimed at improving legal procedures.

The inclusion of tax exemption (isenção) as a main subject suggests that this law addressed financial barriers beyond direct court costs—potentially including taxes or fees associated with legal documentation, filings, or other procedural requirements that could burden economically disadvantaged litigants.

## Notable For

- **Judicial Access Reform:** Contributed to Brazil's framework for ensuring equal access to justice for economically disadvantaged citizens
- **Amendment to Foundational Legal Aid Law:** Modified Law 1.060/1950, which remains a cornerstone of Brazilian legal assistance provisions
- **Federal Legislative Process:** Demonstrates the formal Brazilian legislative process involving presidential promulgation
- **Part of Brazilian Legal Codification:** Contributes to the body of Brazilian civil procedure law codified in legislation
- **Historical Context:** Enacted during Brazil's military government period, reflecting the legal reforms of that era

## Body

### Legislative History and Context

Law No. 7288 of December 18, 1984 was enacted during Brazil's military government era, a period spanning from 1964 to 1985. The law was promulgated by President João Figueiredo, who held office from 1979 to 1985 and oversaw the gradual transition back to democratic rule.

The statute amends Law 1.060 of February 5, 1950, which was originally enacted to establish judicial assistance for the poor in Brazil. Law 1.060/1950 represented a foundational moment in Brazilian legal history, creating the legal framework that guarantees free access to the court system for citizens who cannot afford legal representation or court fees.

### Legal Effect and Subject Matter

The law's primary effect is to add a sole paragraph (parágrafo único) to Article 3 of Law 1.060/1950. This amendment modifies the existing provisions regarding judicial assistance, likely expanding or clarifying the scope of free legal aid available to economically disadvantaged individuals (necessitados).

The law addresses three interconnected legal concepts:

- **Change (Alteração):** The law represents a modification to existing statutory text, demonstrating the legislative function of amending prior laws
- **Legal Norm (Normas):** The law establishes binding rules within the Brazilian legal system
- **Tax Exemption (Isenção):** The inclusion of tax exemption as a subject indicates the law addresses financial relief from fees, costs, or taxes associated with legal proceedings

### Classification and Legal Framework

Law 7288/1984 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes (leis) are the primary source of law, enacted through the legislative process and promulgated by the executive branch.

The law is part of the broader category of statutory law (direito statutory), as distinguished from constitutional law, regulatory law, or case law. It functions as a legal norm within Brazil's civil procedure framework and applies to the jurisdiction of Brazil as a federal state.

### Official Publication and Access

The law was published in Brasília, the capital of Brazil, and is available through official government channels. The official text can be accessed at the Presidential Legislative Information System (Legislação do Executivo) and through the Brazilian government portal.

The LEXML identifier for this law is urn:lex:br:federal:lei:1984-12-18;7288, which provides a standardized reference for legal citation within Brazilian legal databases. The legal citation "Lei nº 7288/1984" is the standard abbreviated reference used in legal documents and scholarly works.

### Relationship to Other Laws

This law exists within a hierarchical system of Brazilian legislation:

- **Constitution of Brazil:** The 1988 Constitution (currently in effect) establishes the fundamental right to legal assistance
- **Law 1.060/1950:** The parent law being amended, which establishes judicial assistance for the poor
- **Civil Procedure Code (Código de Processo Civil):** The broader procedural framework within which judicial assistance operates

### Significance for Legal Access

The amendment represented an important step in the development of Brazil's legal aid system. Ensuring access to justice for all citizens, regardless of economic status, is a fundamental principle of democratic governance. Law 7288/1984 contributed to this goal by clarifying or expanding provisions related to free legal representation and associated cost exemptions.

The law's focus on tax exemption (isenção) is particularly significant, as court fees and associated costs can represent substantial barriers for low-income individuals seeking legal remedies. By addressing these financial obstacles, the law helps ensure that economic hardship does not prevent citizens from exercising their legal rights.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1984-12-18;7288)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7288&ano=1984&data=18/12/1984&ato=d17MTSE1UeBpWTaf3)
3. LexML Brasil