# Law No. 7316 of May 28, 1985

> Brazilian law

**Wikidata**: [Q105649879](https://www.wikidata.org/wiki/Q105649879)  
**Source**: https://4ort.xyz/entity/law-no-7316-of-may-28-1985

## Summary
Law No. 7316 of May 28, 1985 is a Brazilian federal statute that establishes regulations concerning the Labor Court (Justiça do Trabalho) and defines its competency. Promulgated by President José Sarney in Brasília, this law represents a formal written instrument of statutory law in Brazil's legal system.

## Key Facts
- **Official Title**: Lei nº 7316, de 28 de maio de 1985
- **Publication Date**: May 28, 1985
- **Promulgating Authority**: Presidency of the Federative Republic of Brazil
- **Signing President**: José Sarney (promulgated on 1985-05-28)
- **Legal Classification**: Federal statute (lei federal)
- **Primary Subjects**: Labor Court (Justiça do Trabalho) and competency (Competencia)
- **Jurisdiction**: Applies to the entire Federative Republic of Brazil
- **Place of Publication**: Brasília, the federal capital
- **Language**: Brazilian Portuguese
- **Legal Citation Format**: Lei nº 7316/1985
- **LexML Brazil Identifier**: urn:lex:br:federal:lei:1985-05-28;7316
- **Official URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7316.htm
- **Wikidata Description**: Brazilian law
- **Wikimedia Project Status**: Included in WikiProject Brazilian Laws focus list

## FAQs
**What is Law No. 7316 of May 28, 1985?**
Law No. 7316 is a Brazilian federal statute promulgated on May 28, 1985, that regulates the Labor Court system and defines its jurisdictional competency within Brazil's judicial framework.

**What specific legal areas does this law address?**
The law focuses exclusively on two main subjects: the Labor Court (Justiça do Trabalho) and the concept of competency (Competencia), which determines the court's authority to hear and decide labor-related cases.

**Who signed Law No. 7316 into effect?**
President José Sarney promulgated the law on May 28, 1985, through the Presidency of the Federative Republic of Brazil, as recorded in the official legislative database.

**Where can I access the full text of Law No. 7316?**
The complete text is publicly available online at the official URL https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7316.htm, hosted by the Brazilian government's legislative portal.

**In what language was Law No. 7316 originally written?**
The law was drafted and published in Brazilian Portuguese, the official language of the Federative Republic of Brazil.

**What is the LexML identifier for this statute?**
The LexML Brazil system assigns the unique identifier urn:lex:br:federal:lei:1985-05-28;7316, which follows the URN:LEX standard for legal documents.

**Does Law No. 7316 apply throughout Brazil?**
Yes, the law applies to the entire jurisdiction of Brazil, covering all 26 states and the Federal District as a federal statute enacted by the national government.

## Why It Matters
Law No. 7316 of May 28, 1985 holds significance because it formally codifies the jurisdictional boundaries and competency of Brazil's Labor Court system. By establishing clear statutory definitions of which labor disputes fall under the court's purview, the law directly impacts the resolution of conflicts between workers and employers across the country. This statute provides the legal foundation that determines whether a case proceeds through the specialized Labor Court system or through other judicial channels, affecting millions of Brazilian workers and businesses. Its promulgation in 1985 occurred during Brazil's transition from military rule to democracy, a period when labor rights and judicial structures were being redefined. The law's existence ensures that labor justice is administered through a dedicated court system with explicitly defined authority, preventing jurisdictional ambiguity and protecting the constitutional right to specialized labor jurisdiction guaranteed in Brazil's legal framework. For legal practitioners, human resources professionals, and workers, this statute serves as the definitive reference point for understanding the reach and limitations of labor judicial power.

## Notable For
- **Specific Judicial Focus**: Unlike general labor laws, this statute exclusively addresses the structural competency of the Labor Court rather than substantive worker rights
- **Sarney Administration Milestone**: Promulgated during the first months of José Sarney's presidency, marking early legislative activity in Brazil's redemocratization period
- **LexML Standardization**: Bears a URN:LEX identifier (urn:lex:br:federal:lei:1985-05-28;7316), making it part of Brazil's standardized legal document identification system
- **Digital Accessibility**: Maintained on the official Planalto portal with a direct, stable URL since at least 2021, ensuring permanent public access
- **WikiProject Inclusion**: Specifically tracked by WikiProject Brazilian Laws, indicating its recognized importance within Brazilian legal documentation efforts
- **Dual Subject Structure**: Addresses both the institutional framework (Labor Court) and the legal principle (competency) in a single legislative act

## Body

### Legal Nature and Classification
Law No. 7316 of May 28, 1985 constitutes a formal statute within Brazil's federal legal system. As an instance of a statute, it represents a written document that creates binding law, functioning as the concrete manifestation of statutory law in the Brazilian jurisdiction. The law falls under the category of federal legislation, distinguishing it from state or municipal by-laws. Structurally, it comprises legal norms that define the parameters of judicial authority. The statute's creation followed the legislative process in Brazil's National Congress and was caused by the act of promulgation, a formal determination method exercised by the executive branch. This classification places the law within the broader category of legal acts that collectively constitute Brazil's statutory framework.

### Publication and Official Record
The law was officially published on May 28, 1985, in Brasília, which has served as Brazil's federal capital since April 22, 1960. President José Sarney, who assumed the presidency on March 15, 1985, signed the statute into law through his constitutional authority as head of state and government. The Presidency of the Federative Republic of Brazil served as the approving authority, with the promulgation date serving as the definitive point in time for the law's enactment. The publication occurred in Brazilian Portuguese, the sole official language of the country. The legal citation "Lei nº 7316/1985" provides the standard reference format used by Brazilian legal practitioners and scholars when citing this statute in judicial decisions, academic works, and legal arguments.

### Subject Matter and Scope
The statute's main subjects are explicitly defined as the Labor Court (Justiça do Trabalho) and competency (Competencia). This dual focus indicates that the law addresses both the institutional identity of Brazil's specialized labor judiciary and the jurisdictional principles governing its operation. By defining competency, the statute determines which categories of disputes, parties, and legal claims properly belong before the Labor Court rather than before ordinary civil courts or other specialized tribunals. The law applies to the entire jurisdiction of Brazil, encompassing all 26 states—Acre, Alagoas, Amapá, Amazonas, Bahia, Ceará, Espírito Santo, Goiás, Maranhão, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Pará, Paraíba, Paraná, Pernambuco, Piauí, Rio de Janeiro, Rio Grande do Norte, Rio Grande do Sul, Rondônia, Roraima, Santa Catarina, São Paulo, Sergipe, and Tocantins—as well as the Federal District where Brasília is located.

### Identification and Cataloging Systems
The law carries multiple identifiers across different knowledge management systems. The LexML Brazil system, which implements the URN:LEX standard for legal documents, assigns the persistent identifier urn:lex:br:federal:lei:1985-05-28;7316. This identifier breaks down as: "urn:lex" (standard prefix), "br" (Brazil), "federal" (federal level), "lei" (law), "1985-05-28" (date), and "7316" (number). Wikidata describes the entity as a "Brazilian law" and includes it in the WikiProject Brazilian Laws, a collaborative effort to improve coverage of Brazilian legislation. The law's structured properties include references dated January 28, 2021, and February 17, 2021, indicating recent verification of its metadata.

### Access and Availability
The full text of Law No. 7316 remains publicly accessible through the official portal of the Presidency of the Federative Republic of Brazil at the specific URL https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7316.htm. This URL places the law within the 1980-1988 legislative collection, reflecting its enactment during that decade. The availability of the text on the Planalto portal ensures that citizens, legal professionals, researchers, and workers can consult the original statute without restriction. As an official legal document promulgated by the Brazilian government, the law falls under the public domain doctrine, meaning it is not subject to copyright restrictions and can be freely reproduced, distributed, and cited. This accessibility aligns with Brazil's constitutional principles of transparency and the public's right to know the laws governing society.

### Historical and Political Context
The law's promulgation date of May 28, 1985, situates it within a transformative period in Brazilian history. President José Sarney had assumed office only two months earlier, following the illness of President-elect Tancredo Neves, marking the first civilian presidency after 21 years of military rule. The statute's enactment during this redemocratization period suggests its role in restructuring or clarifying judicial institutions as Brazil re-established democratic governance. The law predates Brazil's current Constitution of 1988, meaning it was enacted under the authority of the previous constitutional order. Its survival and continued availability indicate that it remains in force or has been incorporated into the contemporary legal framework governing labor justice in Brazil. The focus on Labor Court competency reflects the specialized judicial structure Brazil maintains for labor relations, a system that parallels but remains distinct from its ordinary civil and criminal court hierarchy.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1985-05-28;7316)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7316&ano=1985&data=28/05/1985&ato=8fbk3Zq5keBpWT5bf)