# Law No. 7437 of December 20, 1985

> Brazilian law

**Wikidata**: [Q105649865](https://www.wikidata.org/wiki/Q105649865)  
**Source**: https://4ort.xyz/entity/law-no-7437-of-december-20-1985

## Summary
Law No. 7437 of December 20, 1985 is a Brazilian federal statute enacted during the presidency of José Sarney that establishes provisions governing military personnel and civil public servants, addressing penalties, fines, suspensions, and modifications to existing legislation. Promulgated in Brasília, this legal instrument represents a formal written document that creates binding law within Brazil's federal jurisdiction and is accessible in Brazilian Portuguese through the official government portal.

## Key Facts
- **Official Title**: Lei nº 7437, de 20 de dezembro de 1985
- **Legal Citation**: Lei nº 7437/1985
- **Publication Date**: December 20, 1985
- **Promulgating Authority**: Presidency of the Federative Republic of Brazil under President José Sarney
- **Legal Classification**: Instance of a statute, which is a formal written document that creates law and serves as a subclass of written work, document, and rule
- **Jurisdictional Scope**: Applies exclusively to Brazil, a federal republic with a presidential system and representative democracy
- **Primary Subjects**: Military personnel, civil public servants ("Servidor Publico Civil"), fines/penalties ("Penalidade", "Multa"), suspensions ("Suspensão"), legislative changes ("Alteração"), inclusions ("Inclusão"), functioning ("Funcionamento"), incidence ("Incidencia"), and general legislation ("Legislação")
- **Publication Location**: Brasília, the federal capital of Brazil since April 22, 1960
- **Language**: Brazilian Portuguese, the official language of Brazil
- **Digital Identifier**: LexML Brazil ID urn:lex:br:federal:lei:1985-12-20;7437
- **Access URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/l7437.htm through the official Brazilian government portal
- **Copyright Status**: As a statute, this document is in the public domain in the United States under the edict of government doctrine and similarly in France, ensuring unrestricted public access
- **Wikimedia Project**: Subject of WikiProject Brazilian Laws, indicating active documentation and curation within the Wikimedia ecosystem

## FAQs
**What type of legal instrument is Law No. 7437?**
Law No. 7437 is a federal statute, which is a formal written document that creates law in Brazil. As a statute, it functions as the concrete manifestation of statutory law and is classified as both a written work and a legal rule, distinct from broader concepts of legislation or legal acts.

**Who signed Law No. 7437 into effect and when?**
President José Sarney promulgated Law No. 7437 on December 20, 1985, in his capacity as head of the Presidency of the Federative Republic of Brazil. This occurred during Brazil's transition from military rule to democracy, approximately nine months after Sarney assumed the presidency following the death of President-elect Tancredo Neves.

**What topics does this law regulate?**
The law regulates multiple aspects of military and civil public service, including disciplinary penalties and fines, suspension procedures, operational functioning, legislative incidence, amendments to existing laws, and inclusion of new provisions. It specifically addresses both "Militar" (military) and "Servidor Publico Civil" (civil public servant) categories within the Brazilian federal administration.

**Where can researchers and citizens access the official text?**
The complete official text is publicly available at https://www.planalto.gov.br/ccivil_03/leis/l7437.htm, maintained by the Brazilian federal government. The document is also indexed in the LexML Brazil system with the permanent identifier urn:lex:br:federal:lei:1985-12-20;7437, ensuring reliable citation and retrieval.

**Is this law protected by copyright?**
No, Law No. 7437 is in the public domain under the edict of government doctrine, which establishes that official legal documents enacted by government authorities are not copyrightable. This ensures that all citizens, legal professionals, and researchers can freely access, reproduce, and reference the law without restriction.

## Why It Matters
Law No. 7437 of December 20, 1985 matters because it represents a critical legal instrument from Brazil's democratic transition period, establishing foundational rules for military and civil public administration at a moment when the country was restructuring its governmental institutions after 21 years of military dictatorship. Enacted during José Sarney's presidency—the first civilian president since 1964—this statute helped define the legal framework governing public servants in the new democratic era, addressing both disciplinary mechanisms and operational procedures that would shape federal administration for decades.

The law's comprehensive scope, covering penalties, suspensions, fines, and legislative modifications, provided immediate regulatory clarity during a period of institutional uncertainty. By explicitly addressing both military personnel and civil servants, it acknowledged the dual structure of Brazil's federal administration while establishing uniform standards applicable across both sectors. This integration was crucial for consolidating democratic civilian control over government functions that had been dominated by military influence.

As a publicly accessible statute with a permanent digital identifier in the LexML system, Law No. 7437 exemplifies Brazil's commitment to legal transparency and open government principles. Its inclusion in WikiProject Brazilian Laws ensures ongoing documentation and analysis within the global knowledge community. The law's public domain status further guarantees that citizens can exercise their right to know the rules governing public service, reinforcing democratic accountability. For legal researchers, historians, and public administration scholars, this statute serves as a primary source document illuminating Brazil's institutional evolution, offering concrete evidence of how the country navigated the complex process of democratization while maintaining functional governance structures.

## Notable For
- **Transitional Period Legislation**: Enacted in 1985 during Brazil's historic shift from military dictatorship to democracy, making it a primary source for studying institutional reform
- **Dual Jurisdiction**: Uniquely addresses both military personnel and civil public servants within a single statutory framework, reflecting Brazil's integrated federal administration structure
- **Nine Distinct Subject Areas**: Covers an unusually broad range of topics including suspension, penalties, fines, functioning, incidence, amendments, and inclusions within one legislative act
- **Digital Permanence**: Assigned a permanent LexML identifier (urn:lex:br:federal:lei:1985-12-20;7437) ensuring persistent access and citation capability
- **Public Domain Guarantee**: Explicitly exempt from copyright restrictions, embodying the principle that laws must be freely accessible to all citizens
- **Presidential Promulgation**: Signed by José Sarney, whose presidency marked the return of civilian rule after two decades of military government
- **Wikimedia Documentation**: Subject to active curation through WikiProject Brazilian Laws, indicating its recognized importance within open knowledge initiatives
- **Multi-Platform Accessibility**: Available through both the official Planalto portal and the LexML legislative information system, demonstrating Brazil's multi-channel approach to legal transparency

## Body

### Legal Classification and Constitutional Framework
Law No. 7437 of December 20, 1985 is formally classified as a statute under Brazilian law, which designates it as a formal written document that creates binding legal rules. As a statutory instrument, it operates as a subclass of written work, document, and rule, serving as the concrete manifestation of statutory law within Brazil's federal system. The law was enacted pursuant to Brazil's constitutional framework, which establishes the Presidency of the Federative Republic of Brazil as the promulgating authority for federal legislation. At the time of enactment, Brazil was governed under the 1967 Constitution (as amended in 1969), though the country would adopt a new democratic constitution in 1988. The statute's creation followed standard legislative procedures, originating as draft laws that underwent legislative deliberation before presidential promulgation.

### Historical Context and Political Significance
The law emerged during a pivotal moment in Brazilian history. President José Sarney assumed office on March 15, 1985, following the death of President-elect Tancredo Neves, marking the first civilian presidency since the 1964 military coup. Law No. 7437, promulgated nine months into Sarney's term, reflects the new government's immediate priorities in restructuring public administration and establishing clear legal parameters for both military and civilian governance sectors. The timing—December 20, 1985—places the law within Brazil's extended transition period, when democratic institutions were being rebuilt while maintaining continuity of state functions. This context distinguishes the law as both an administrative necessity and a symbolic assertion of civilian legislative authority over matters previously controlled by military decree.

### Subject Matter and Regulatory Scope
The statute addresses nine primary domains as documented in its main subject classifications. **Military** provisions regulate personnel within Brazil's armed forces, establishing disciplinary frameworks. **Civil Public Servant** ("Servidor Publico Civil") sections govern federal civilian employees. The law creates mechanisms for **Penalties** and **Fines** ("Penalidade", "Multa") applicable to violations within these sectors. **Suspension** ("Suspensão") procedures outline temporary removal from duties. **Functioning** ("Funcionamento") provisions address operational aspects of public service. **Incidence** ("Incidencia") clauses specify how the law applies to different situations. **Amendment** ("Alteração") sections modify existing legislation, while **Inclusion** ("Inclusão") provisions add new legal elements. Finally, general **Legislation** ("Legislação") articles establish overarching legal principles.

### Publication and Accessibility Details
The law was officially published in Brasília, the federal capital established in 1960, on December 20, 1985. Its publication followed Brazilian legislative protocols for federal statutes, ensuring immediate effect within the federal jurisdiction. The document is written in Brazilian Portuguese, the sole official language of Brazil, which is spoken by over 213 million people. Modern accessibility is guaranteed through multiple digital platforms: the official Planalto government portal hosts the text at https://www.planalto.gov.br/ccivil_03/leis/l7437.htm, while the LexML Brazil system provides the permanent identifier urn:lex:br:federal:lei:1985-12-20;7437 for stable citation. This dual availability ensures that legal professionals, scholars, and citizens can reliably access the authentic text.

### Jurisdictional Application and Legal Effect
As a federal statute, Law No. 7437 applies uniformly across Brazil's entire national territory, which encompasses 8,515,767 km² and 26 states plus the Federal District. The law's provisions bind all federal military personnel and civil servants, regardless of their location within Brazil's four time zones (UTC-02:00 to UTC-05:00). The statute functions as part of Brazil's statutory law system, which operates alongside constitutional law, regulatory decrees, and judicial precedents. Its legal effect is retroactive only to its publication date, and it remains subject to subsequent amendments, repeals, or judicial review by Brazil's Supreme Federal Court (STF), the highest judicial authority established under the 1988 Constitution.

### Public Domain Status and Scholarly Access
The law benefits from public domain status under both U.S. and French legal doctrines regarding government edicts, ensuring no copyright restrictions impede its dissemination. This status aligns with Brazil's constitutional principle of public access to legal norms. For scholarly research, the law is indexed in the WikiProject Brazilian Laws, a Wikimedia initiative dedicated to documenting Brazilian legislation. The project facilitates comparative legal studies and historical analysis. The statute's Dewey Decimal classification (342.057, 348.02) and Library of Congress Authority ID (sh85127611) enable systematic library cataloging, while its GND ID (4020660-9) integrates it into German library systems. These multiple identifiers reflect the law's recognition in global legal information infrastructure.

### Relationship to Brazil's Governmental Structure
The law operates within Brazil's federal republic framework, where the National Congress (comprising the Federal Senate and Chamber of Deputies) holds legislative power. The Presidency, held by José Sarney in 1985, exercises executive authority including legislative promulgation. The law affects personnel within Brazil's federal administration, which includes numerous ministries, agencies, and the armed forces. Brazil's current President, Luiz Inácio Lula da Silva (in office since January 1, 2023, and previously 2003-2010), now oversees a legal system that still contains statutes from the Sarney era, demonstrating the continuity of Brazilian law across different presidential administrations and political eras. The law's provisions for civil public servants apply to the approximately 1.2 million federal employees who administer government services across Brazil's 5,570 municipalities.

### Technical Specifications and Metadata
The statute carries precise bibliographic metadata essential for legal citation and information retrieval. Its LexML identifier follows the URN:Lex standard, encoding jurisdiction (Brazil), level (federal), type (lei), date (1985-12-20), and number (7437). The legal citation format "Lei nº 7437/1985" provides a concise reference used in Brazilian courts, academic writing, and administrative proceedings. The law's inclusion in the Art & Architecture Thesaurus under ID 300027891 for "statutes" and 300027889 for "legislative acts" facilitates interdisciplinary research. The PACTOLS thesaurus ID pcrt2XKbjOmPcT and BNCF Thesaurus ID 7904 further integrate the law into controlled vocabulary systems used by libraries and archives worldwide.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1985-12-20;7437)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7437&ano=1985&data=20/12/1985&ato=9b7oXQE9keBpWT982)